Terms of Use: Group sessions

Thank you for the privilege of working with you. This document (the Agreement) contains important information about my professional services and business policies. The law requires that I obtain your signature acknowledging that I have provided you with this information. Although these documents are long and sometimes complex, it is very important that you read them carefully. I can discuss any questions you have about the procedures at any time. 

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Group sessions outlined below (hereinafter “Client”) agree and willingly purchase entry into this coaching program, to be provided with services rendered by Silvina Rearte, acting as part of Silvina Rearte Consulting, A Texas, Limited Liability Company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon: 

For good and valuable consideration of [Group session] ($__50__) Client has agreed to purchase the Group session (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below.

Coach and Client hereby voluntarily and willingly agree as follows: 

Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her session.

 

• Program Details 

 

1. The purpose of coaching is to provide objectively “healthy” individuals with guidance, accountability, and __ in order to pursue and achieve desired goals. Individual sessions are 50-60 minutes Group sessions: 90 minutes. 
2. Individual as well as group sessions will vary depending on the particular problems you are experiencing. There are many different methods I may use to deal with the problems that you hope to address. Individual sessions call for an active effort on your part. In order for the therapy to be most successful, you will have to work on things we talk about both during our sessions and at home. 

Sessions  can have benefits and risks. Since self development often involves discussing unpleasant aspects of your life, you may experience temporary uncomfortable feelings like sadness, guilt, anger, frustration, loneliness, and helplessness. On the other hand, this process has also been shown to have many benefits. Self development often leads to better relationships, solutions to specific problems, and significant reductions in feelings of distress. But there are no guarantees of what you will experience.

Our first few sessions will involve an evaluation of your needs. By the end of the evaluation, I will be able to offer you some first impressions of what our work will be and if you decide to continue with therapy, you should evaluate this information along with your own opinions of whether you feel comfortable working with me. This process involves a commitment of time, money, and energy. If you have questions about my procedures, we should discuss them whenever they arise. If your doubts persist, I will be happy to help you transition on working with another professional. 

1. Client confirms he/she has read the Individual and group sessions Outline, asked Coach any and all necessary questions, and conducted any research necessary to feel he/she understands what is (and isn’t) being provided. 
2. GOALS OF PROGRAM: As part of Silvina Rearte’s programs (events, seminars, retreats) and/or sessions, you will receive holistic, alternative, transformational, and healing modalities.

Any of these modalities may awaken physical and emotional feelings, or memories. It is understood that sometimes healing during the transformational process feels wonderful, or ecstatic, and sometimes it does not feel comfortable temporarily. I am responsible for myself, and I understand that follow-up sessions are recommended for continued support during the healing process.

1. Program is not to be considered a substitute for therapy, counseling services, or other medical wellness or treatment. While Coach is a licensed Professional Counselor and licensed Marriage and Family Therapist, Program does not include any therapy or counseling services, and is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of therapy or counseling, Program is not right for you. By completing this Agreement, you confirm you are not looking for counseling or therapy-related services, understand the difference between coaching and counseling, and do not expect Coach to provide any services other than that outlined below in the Program Outline Addendum. 

 

 

• Confidentiality 

 

1. Coach respects each client’s privacy, and will not reveal anything said by Client in coaching sessions without prior written consent from Client, other than in the following scenarios: 
1. Suspected abuse to another individual or self, with your written permission, fee or contractual dispute, unintentional breach due to electronic or online communication (including but not limited to e-mail, Facebook messenger, Instagram direct messaging, WhatsApp, ___), and phone and video recorded sessions.
2. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below.) 
3. Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep confidential information private, even after the completion of working with Coach. 
4. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Program, Client understands additional action may be taken by Coach up to and including legal action.
5. If any services within Program include sessions via phone, or any other form of online video or audio session, Client understands the risks and potential consequences of such sessions, including but not limited to the possibility that the transmission of information could be distorted, interrupted, or accessed by unauthorized persons. Client gives his/her informed consent to engage in phone or online video sessions as part of his/her coaching package.  

 

 

• Intellectual Property Rights 

 

1. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, Facebook ad strategies, guides, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program. 
2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  
3. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach; (b) post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client, (c) share purchased materials, information, content with others who have not purchased them. 
4. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

 

• Payment 

 

1. Client agrees to render payment via Apple Pay, Google Pay, Afterpay, Klarna, Xero integration, and Quickbooks integrations, etc and understands that the full purchase amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Coach, he/she must complete payment in full before becoming entitled to any products or services included within Program. 

 

 

• Payment Plan: 

 

1. If Coach HAS offered Client a payment plan, all information regarding payment schedule is outlined in the attached Payment Plan Addendum. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited until payment is made; and (2) Client will owe a five percent (5%) late fee. A payment is to be considered late if not paid within fifteen (15) days of the date it is due. Accounts that have not been paid after 30 days will be turned over to collections, and the balance of Client’s account will become due and payable. If Client’s account is turned over to collections, Client understands and agrees he/she is responsible for any and all fees accrued, in addition to the original account outstanding balance.
2. Coach reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issued to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.

 

 

• Refund Policy 

 

1. Coach is not able to offer refunds once Client has purchased the Program, if client does not show and does not notify Coach within 24 hrs of individual sessions and group sessions, events, seminars, retreats. Client understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued to Coach. 
2. Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.

 

• Reproductions and Testimonials

 

 

Coach takes seriously its responsibility to protect client’s personal information and privacy. Coach and Company agree not to disclose any of Client’s personal information, such as but is not limited to, discussions held during sessions. 

 

However, from time to time Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial. 

If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial. 

 

I understand that portions of the group, events, retreats program and/or sessions may be recorded through photo, video and/or audio, and I agree to allow Silvina Rearte to use photos/video/audio taken of me for educational, commercial, marketing, and public relations purposes. Any and all of said reproductions are the exclusive property of Silvina Rearte, and Silvina Rearte is the exclusive copyright owner in perpetuity. I shall have no claim, right or interest to any of these reproductions, and my signature hereto grants permission to use any of said reproductions in any responsible manner, including but not limited to: publications, advertisements, web sites, and/or commercial products.

1. Indemnification
1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge. 

 

 

• Medical Disclaimer – Not Medical or Professional Advice 

• The purpose and goal of Program is to provide coaching services. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment. 

• Client understands and agree that while Coach is a licensed professional counselor and licensed marriage and therapist and has been trained and educated to provide psychotherapy, Program offers coaching services only, separate and apart from Coach’s professional practice. There are no counseling or therapy-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) counseling or therapy services. Client’s enrollment into Program does not make him/her Coach’s patient, and no therapist-patient relationship is being formed. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a licensed therapist in your geographical area. Program is not intended to be a substitute for medical treatment or therapy/counseling, nor is Program designed to provide Client with a medical diagnosis, treatment, or other medical services.

•  Client understands and agrees Program is not providing any medical advice, is not providing any counseling or therapy services, is not a substitute to Client seeking personalized therapy for his/herself, nor is it attempting to diagnose or treat any mental or physical medical conditions. 

• Coach encourages Client to consult a physician and/or a licensed therapist if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician or therapist and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

 

 

 

• Discontinuation of Program

• Program does not provide any medical advice, treatment, or counseling/therapy services to Client. If at any point during Program, Coach believes Client to be in need of therapy treatment or other counseling services, Coach will advise Client of this, and offer to provide a referral to a licensed professional, if Coach knows of one in Client’s geographical area. Client has the right to refuse this referral and ignore the recommendation; however, Client may be asked to discontinue use of Program for his/own well-being, until such treatment can be provided. Should Client wish to disregard Coach’s recommendation and wish to continue with Program, Client agrees to sign an additional waiver confirming this information. 

• If Client has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Coach, and may or may not be offered. 

 

1. I understand that Silvina Rearte reserves the right to terminate a practitioner/client relationship if a client is continually unable to comply or exhibiting inappropriate behavior.
2. Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the coach to terminate the Agreement before the Term expires. As such, coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow program guidelines; 2) Client is abusive or harasses coach or other representatives; 3) Client refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) Client proves to be difficult to work with and/or does not attend the scheduled mentoring calls; 5) for any other legitimate business purposes in the best interest of coach and/or company. If any of the following causes trigger coach to terminate the Agreement,  shall refund Client for the unused portion of the Program, in a prorated amount determined at the sole discretion of coach.

 

• Voluntary Participation

• Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, You acknowledge and agree that Silvina Rearte is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein. 

 

 

 

• Physical Contact: 

 

1. From time to time, the Program may also involve physical touch from coach or other company representatives; client hereby consents to said physical contact, but is always free to tell coach and/or company representatives that they opt out of physical contact at any point. It is essential that clients let company staff know immediately if they feel uncomfortable or do not consent to physical contact. 

 

 

• Disclaimer / No Guarantees

 

1. Client understands that he or she must actively participate in the full Program in order to see results; however, results are not guaranteed. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results. 

 

• Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary. 

 

1. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program. 
2. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
3. Client agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for. 

 

1. Waiver/Assumption of the Risk
1. Client understands he/she is entering into a Program for the purpose of achieving a desired health, fitness, professional, or personal goal through Coach’s Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will. 
2. Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential ramifications of such actions and agrees not to hold Coach responsible for any such injuries or negative consequences. 
3. Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable. 

 

 

• Dispute Resolution 

 

1. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Houston, Texas within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree. 

 

 

• Applicable Law

 

1. This Agreement shall be governed by and under control of the laws of Texas regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Texas are to be applicable here. 

 

 

• Amendments

 

1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party. 

 

Client and Coach agree this Agreement constitutes the entire agreement between Coach and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Coach or Coach’s team, and is in full agreement with the terms outlined herein. By signing below, Client is confirming he/she voluntarily gives his/her informed consent to receive coaching services from Coach, and agree to abide by the terms and conditions outlined herein in this Agreement.