DISCLAIMERS

Scope of services:

• The free 6-week program refers to 6 consecutive coaching sessions provided entirely free of charge. In exchange, the Client is invited to provide honest feedback or a testimonial at the end of the 6 sessions. Providing such feedback is entirely voluntary, and the Client is under no obligation or pressure to do so.
• At the end of the 6 sessions, the Client may either conclude the coaching relationship or choose to continue working with Abe as a paid Client. This Agreement covers both the initial free period and any ongoing paid sessions should the Client choose to continue.
• Coaching is a collaborative partnership (defined as an alliance, not a legal business partnership) between Abe and the Client in a thought-provoking and introspective process designed to help the Client maximize their productivity. Coaching is intended to facilitate the development of personal and professional goals and to support the creation and implementation of strategies for achieving those goals.
• Both parties agree to engage fully in the coaching process.
• Coaching sessions will normally be held once per week at a mutually agreed date and time. Each session will be between 45 and 90 minutes in length unless otherwise agreed upon by both parties.
• Coaching sessions will continue on an ongoing basis until either Abe or the Client terminates this Agreement.

Testimonials:

• If the Client voluntarily provides a testimonial, review, endorsement, audio recording, video recording, photograph, likeness, name, username, company name, job title, or other identifying information, the Client grants Abe a non-exclusive, royalty-free permission to reproduce, publish, display, distribute, and otherwise use such materials for legitimate business, educational, promotional, and marketing purposes, including but not limited to websites, social media platforms, advertisements, presentations, third-party review platforms, and other marketing materials.
• Abe may edit a testimonial for spelling, grammar, formatting, or length, provided that the substance and meaning of the testimonial are not materially altered.
• Abe will make reasonable efforts to use only the identifying information and media that the Client has voluntarily provided or otherwise authorized for use.
• The Client may withdraw consent for future use of a testimonial at any time via written notice. Upon receipt, Abe will make reasonable efforts to remove the testimonial from live digital assets (such as websites and active social media feeds) within 30 days. Abe is not required to recall printed materials or alter archived, third-party snapshots already distributed.

Limits of coaching

• Abe is not a licensed therapist and cannot provide medical or mental health advice.
• Coaching is not a substitute for professional counseling or therapy, and does not prevent, cure, or treat any mental disorder or medical disease.
• Coaching is not a substitute for other personal or professional development avenues; the Client may need and is encouraged to pursue further training, education, and/or additional professional support if needed.
• The Client acknowledges that Abe’s approach is informed by years of lived experience, personal research, and cumulative insights gained from working with previous Clients.

Confidentiality

• Abe will treat information shared during coaching sessions as confidential, subject to the exceptions set out in this Agreement.
• Abe may use de-identified information derived from coaching engagements for educational, professional development, quality assurance, service improvement, and coaching purposes, provided that such information does not reasonably identify the Client.
• The Client understands that confidential Information means information disclosed by the Client during the coaching relationship that a reasonable person would understand to be confidential, including personal, financial, business, and strategic information.
• Coaching is not a legally privileged relationship. Abe may disclose information if required to do so by applicable law, court order, or a lawfully issued subpoena.
• Confidential Information does not include:
  • Information that was in Abe’s possession prior to disclosure by the Client;
  • Information that is or becomes generally available to the public through no breach of this Agreement;
  • Information lawfully obtained by Abe from a third party without breach of any obligation owed to the Client;
  • Information independently developed by Abe without use of or reference to the Client’s Confidential Information.
• Abe may maintain records relating to the coaching relationship, including contracts, communications, invoices, and coaching notes, in electronic or physical form. Such records will be treated as confidential and may be retained for as long as reasonably necessary for business, legal, tax, operational, record-keeping, or risk-management purposes.
• Abe processes personal data in accordance with applicable data protection and privacy laws that apply to the coaching relationship. If the Client is physically located within the European Union (EU) or European Economic Area (EEA), the provisions of the Global Data Privacy Addendum at the end of this Agreement shall automatically apply to govern their rights under the General Data Protection Regulation (GDPR).

Intellectual Property

• The Client acknowledges that Abe has developed and acquired valuable intellectual property and proprietary information, including but not limited to methods, frameworks, techniques, processes, strategies, materials, documents, worksheets, templates, and other coaching resources.
• The Client acknowledges and agrees that all such intellectual property and proprietary information shall remain the exclusive property of Abe unless expressly agreed otherwise in writing.
• The Client may use materials provided by Abe solely for the Client’s personal use in connection with the coaching services.
• The Client shall not reproduce, distribute, publish, sell, license, disclose, or otherwise make such materials available to any third party without Abe’s prior written consent, except as required by law.

Third-Party Tools, Suggested Services, and Data Storage

• Coaching involves the use of external third-party platforms, tools, and services to conduct meetings, manage workflows, share documents, correspond, and analyze productivity challenges. Abe may also suggest additional and specific third-party platforms, tools, and services to help the Client reach their productivity goals.
• The Client retains absolute discretion over whether to use any suggested resources. By participating in coaching and choosing to use any third-party platform, tool, or service, whether utilized by Abe or suggested by Abe, the Client explicitly consents to their use and agrees to abide by each respective provider’s terms of service and privacy policies.
• Abe acts solely as an independent advisor and is not an affiliate, agent, or partner of any third-party provider. Abe is not liable for any privacy breaches, data leaks, security vulnerabilities, financial losses, or service disruptions caused by any third-party platforms, tools, or services. The Client assumes all risks associated with their use.
• The Client is solely responsible for maintaining the security, strong password hygiene, and credential protection of any third-party accounts used during the coaching relationship.
• The Client explicitly consents to Abe storing session notes, action items, goals, and relevant background information on secure, end-to-end encrypted platforms (such as Standard Notes, Notesnook, or equivalent secure alternatives). Abe retains these records for a period of seven years following the termination of the coaching relationship for continuity and legal protection, after which they are permanently destroyed.

Personal responsibility

• The Client acknowledges and agrees that coaching is a collaborative and comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education, recreation, thoughts and emotions. The Client understands that results depend on their own effort, participation, decisions, and implementation, and that Abe cannot guarantee any particular outcome.
• Abe provides educational and informational coaching services only and does not provide legal, financial, accounting, medical, psychiatric, psychological, or other regulated professional services or advice.
• The Client is solely responsible for evaluating and using any information, suggestions, tools, resources, or strategies provided by Abe and for any decisions or actions taken by the Client.
• To the maximum extent permitted by applicable law, Abe makes no warranties or guarantees of any specific result.
• To the maximum extent permitted by applicable law, Abe will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunities, goodwill, or anticipated savings.
• To the maximum extent permitted by applicable law, Abe’s total aggregate liability arising out of or relating to the Coaching Program will not exceed the total fees actually paid by the Client to Abe under this Agreement in the 3 months preceding the event giving rise to the claim.
• Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, intentional misconduct, or any other liability that applicable law prohibits from being excluded or limited.

Appointments:

• If the Client arrives 15 minutes late for a scheduled appointment, Abe may either continue the coaching session for the remaining time or consider the session to be missed and offer a rescheduled appointment, taking reasonable account of both parties’ availability.
• The Client may cancel or reschedule an appointment up to 24 hours before the scheduled time without penalty. For example, if an appointment is scheduled for Saturday at 9 a.m., the Client has until 9 a.m. on Friday to cancel or reschedule.
• If the Client reschedules a coaching session with less than 24 hours’ notice, the session will be considered missed unless Abe agrees otherwise.
• Throughout the free 6-weeks program, if the Client accumulates 2 missed coaching sessions (defined as arriving 15 minutes late or rescheduling with less than 24 hours’ notice), Abe reserves the right to terminate the program.

Payment and fees:

• This section of the Agreement applies only after the initial free 6-weeks program is completed and the Client chooses to continue working with Abe as a paid Client.
• The fee for each coaching session is decided verbally between both parties or through an intake form on a sliding scale. This fee will normally range from $35 to $100 per session. However, both parties may verbally agree to a lower or higher rate. The rate spoken and agreed upon by both parties will be the official fee for the coaching session.
• The Client must make all payments exclusively through PayPal.
• The Client must make payment within 48 hours of the end of the coaching session.
• First-Time Grace waiver: If the Client misses one coaching session due to an emergency or
  unforeseen circumstances, they may request a waiver for the missed session fee. This
  waiver is only available once.
• A missed session fee is equal to half the rate of the coaching session.
• A Client is required to pay the missed session fee if they arrive 15 minutes late to their appointment or reschedule with less than 24 hours’ notice.
• If Abe cancels or reschedules a coaching session less than 24 hours before the scheduled
  time, the session will be considered missed, and the next scheduled coaching session will be completely free of charge
• If Abe is more than 15 minutes late or fails to show up to a scheduled appointment, the Client may choose to either proceed with the delayed session or cancel it. If they choose to proceed, that current session will be completely free of charge. If they choose to cancel, the next scheduled coaching session will be completely free of charge
• Coaching will be discontinued if the Client fails to pay for 2 consecutive sessions until
  the outstanding balance is settled.
• Refunds:
  • If the Client has made an advance payment and the total number of sessions they receive is less than the number paid for, they are entitled to a partial refund for unused sessions.
  • Any request for a partial refund must be made within 45 days of the date of the last session conducted between Abe and the Client. After 45 days, the Client will no longer be entitled to a partial refund.
  • Fees for completed sessions are non-refundable. Abe may, at his sole discretion, issue a refund under extraordinary circumstances (such as a documented medical emergency).

Conflict and dispute:

• Any dispute, controversy, or claim arising out of or in connection with this Agreement, or relating to its breach, termination, or invalidity, shall be resolved through good-faith negotiations between both parties.
• If a dispute cannot be resolved through informal discussions, the parties agree to attempt mediation in good faith conducted by a mediator mutually agreed upon before commencing court proceedings, unless immediate legal relief is required.

Termination:

• Either party may terminate this Agreement at any time for any reason
• Abe reserves the right to terminate the coaching relationship immediately if Abe reasonably believes that continuing the engagement would be unlawful, unethical, inappropriate, outside the scope of coaching services, or inconsistent with the terms of this Agreement.
• Abe reserves the right to immediately suspend or terminate coaching services if the Client exhibits signs of severe clinical impairment, active mental health crises, or functional paralysis. In such events, services will only resume if the Client is cleared by a licensed medical or psychological professional.
• Termination of the coaching relationship does not affect any rights or obligations that accrued prior to termination, including payment obligations, confidentiality obligations, intellectual property provisions, and any other provisions intended to survive termination.

Global data privacy addendum (EU/EEA residents only)

This Addendum applies strictly to Clients who reside in or receive services within the EU/EEA, pursuant to the GDPR.

• Lawful Processing: Data is processed under the legal basis of Performance of a Contract (for delivery of services) and Explicit Consent (for testimonials).
• Client Rights: Eligible Clients may contact Abe to exercise their right to access their session data, request rectification of errors, or request erasure of personal records, subject to legal data retention policies.
• Data Retention: Session notes and records are retained securely for a maximum period of seven years following termination, a timeline strictly necessary for defending against potential contractual liability claims under applicable statutory limitation periods.
• International Transfers: Abe may use independent third-party service providers that process or store personal data internationally. Abe will exercise reasonable care in selecting such providers but does not warrant or guarantee their ongoing compliance with applicable data protection laws. The Client acknowledges that such providers operate under their own terms and privacy policies.

Agreement:

• The Client represents and warrants that they are over the age of 18 and not under any legal disability that would require the consent or supervision of a legal guardian to enter into and perform the obligations under this Agreement.
• This Agreement constitutes the entire understanding between Abe and the Client regarding the subject matter herein and supersedes all prior written or oral representations. Any modifications, changes, or supplements must be made in writing and signed by both parties.
• If either party chooses not to enforce any provision of this Agreement on one or more occasions, that does not waive their right to enforce that provision or any other provision in the future.
• If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
• To the extent permitted by law, any invalid or unenforceable provision shall be interpreted or modified so as to be valid and enforceable while preserving its original intent as closely as possible.
• This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
• The Client may not assign, transfer, or delegate any rights or obligations under this Agreement without Abe’s prior written consent.
• The Client acknowledges having reviewed, understood, and agreed to all the terms and conditions outlined in this Agreement.