Terms & Conditions

VIRTUAL COACHING TERMS

These Terms and Conditions are required when entering into virtual coaching with Ellen Gilbert. By accepting them, you accept the following agreement between: Ellen Gilbert (herein referred to as “Coach”), Ellen Gilbert, LLC (herein referred to as “Company”) and Client (herein referred to as “Client”), whereby Coach agrees to provide Coaching Services for Client in the form of Coaching Session(s) (herein referred to as “Sessions”). Client agrees to abide by all policies and procedures outlined in this agreement as a condition of their participation, regardless of the quantity of sessions booked with Coach.

Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal potential. It is designed to facilitate the creation/development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.

1) Coach-Client Relationship

Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation (“ICF”) (Code of Ethics / Code of Conduct).
Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and their coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client further acknowledges that they may terminate or discontinue the coaching relationship at any time.
Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully.

2) Services
The parties agree to engage in individually scheduled coaching sessions through Zoom meetings (or telephone calls if necessary). If multiple sessions are booked, Coach will be available to Client by e-mail in between scheduled sessions, and can expect replies within 24 hours during normal business hours (Monday - Friday, 9 am ET - 5 pm ET).

3) Refunds
No refunds will be issued for Sessions. Please note that all sales are final.

4) Procedure
The time of the coaching sessions will be determined by Coach and Client based on a mutually agreed-upon time. The Coach & Client will meet on Zoom, using the link provided by the Coach via email, for all scheduled sessions. If the Coach or Client are unable to access the Zoom link at the time of the call, they will communicate with the other ASAP in order to make other plans (possibly a telephone call).

5) Tardiness Policy
If tardiness arises as a result of technical difficulties on the part of either the Coach or Client, the Client is still eligible for the full 60-minute call, regardless of the actual start time. This is dependent upon the Client’s quick communication with the Coach to let them know they are experiencing technical difficulties within 10 minutes of the call start time. If the Client is more than 10 minutes late for a coaching call for any other reason, the Client relinquishes the time missed and the call will still conclude at the planned time.

6) Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that:

7) Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled session of a cancellation. Coach will attempt in good faith to reschedule the missed session, and will work with the Client’s schedule to do so ASAP. However, if a missed session cannot be rescheduled within 1 month, the Client forfeits the missed session. Likewise, if a Client cancels a session with less than 24 hours notice, the Client forfeits the missed session, except in cases of extreme emergencies, at the Coach’s discretion. No refunds will be issued for missed sessions.

8) No Transfer of Intellectual Property
The Program is the intellectual property of Ellen Gilbert / Luminous Leanings, LLC. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of the Company’s intellectual property for Client’s business purposes. All intellectual property, including the Call Guide, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this
Program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any other manner other than in discussion with the Company. Further, by purchasing Session(s), Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of any such violations.

(a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

9) Release of Information
The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By accepting these terms and conditions, you agree to have only your name, contact information, and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes. The Coach may audio record coaching sessions from time to time, solely for the Coach’s training purposes. By accepting these terms and conditions, the Client agrees to have their voice recorded. The Coach will never share session recordings with third parties, except with the written permission from the Client.

10) Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations, or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon, and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

11) Entire Agreement
These terms and conditions reflect the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both the Coach and the Client.

12) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

13) Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

14) Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

15) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Maryland, without giving effect to any conflicts of laws provisions.

16) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

IN-PERSON COACHING TERMS

These Terms and Conditions are required when entering into in-person coaching with Ellen Gilbert. By accepting them, you accept the following agreement between: Ellen Gilbert (herein referred to as “Coach”), Ellen Gilbert, LLC (herein referred to as “Company”) and Client (herein referred to as “Client”), whereby Coach agrees to provide Coaching Services for Client in the form of Coaching Session(s) (herein referred to as “Sessions”). Client agrees to abide by all policies and procedures outlined in this agreement as a condition of their participation, regardless of the quantity of sessions booked with Coach.

Description of In-Person Coaching with Ellen: 1 hour of coaching and guidance in a blend of coaching, movement, fascia care, breath work, meditation, and massage techniques.

1) Coach-Client Relationship

Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation (“ICF”) (Code of Ethics / Code of Conduct).

Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and their coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

Client further acknowledges that they may terminate or discontinue the coaching relationship at any time.

Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.

Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the session(s).

2) Services

The parties agree to engage in individually scheduled sessions in-person. If multiple sessions are booked, Coach will be available to Client by e-mail in between scheduled sessions, and can expect replies within 24 hours during normal business hours (Monday - Friday, 9 am ET - 5 pm ET).

3) Refunds

No refunds will be issued for Sessions. Please note that all sales are final.

4) Procedure

The time of the sessions will be determined by Coach and Client based on a mutually agreed-upon time. The Coach & Client will meet in-person at the provided address. If the Coach or Client are unable to locate the physical location, they will communicate with the other ASAP in order to make other plans (possibly a telephone call).

5) Tardiness Policy

If tardiness under 10 minutes arises on the part of either the Coach or Client, the Client is still eligible for the full 60-minute session. If the Client is more than 10 minutes late for a session for any reason, the Client relinquishes the time missed and the session will still conclude at the planned time.

6) Confidentiality

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.

7) Cancellation Policy

Client agrees that it is the Client's responsibility to notify the Coach 48 hours in advance of the scheduled session of a cancellation. Coach will attempt in good faith to reschedule the missed session, and will work with the Client’s schedule to do so ASAP. However, if a missed session cannot be rescheduled within 1 month, the Client forfeits the missed session. Likewise, if a Client cancels a session with less than 48 hours notice, the Client forfeits the missed session, except in cases of extreme emergencies, at the Coach’s discretion. No refunds will be issued for missed sessions.

8) No Transfer of Intellectual Property

Client is not authorized to use any of the Company’s intellectual property for Client’s business purposes. All intellectual property shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this session, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any other manner other than in discussion with the Company. Further, by purchasing Session(s), Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of any such violations.

9) Release of Information

The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By signing this agreement, you agree to have only your name, contact information, and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes. The Coach may audio record coaching sessions from time to time, solely for the Coach’s training purposes. By signing this agreement, the Client agrees to have their voice recorded. The Coach will never share session recordings with third parties, except with the written permission from the Client.

10) Limited Liability

Except as expressly provided in this Agreement, the Coach makes no guarantees, representations, or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon, and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

11) Entire Agreement

This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both the Coach and the Client.

12) Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

13) Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

14) Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

15) Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the State of Maryland, without giving effect to any conflicts of laws provisions.

16) Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

IN-PERSON COACHING WAIVER

By purchasing in-person coaching from Ellen Gilbert, LLC, you agree to the following:

“I hereby give my consent to receive self-care sessions and/or other bodywork or treatment from Ellen Gilbert, LLC, and I acknowledge and agree that I am doing so at my own risk. My health and safety with respect to such Services are my sole responsibility.

I understand that in-person sessions may include physical movements as well as an opportunity for gained awareness and relief. I recognize that this may require some physical, mental, and emotional exertion, which may cause injury, and I am fully aware of the risks and hazards involved. If I experience any pain or discomfort, I will listen to my body, stop the movement, and ask for support from Ellen.

Yoga, fascia care, breath work, and meditation are not a substitute for medical attention, examination, diagnosis, or treatment. These forms of exercise are not recommended and are not safe under certain medical conditions. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any sessions with Ellen.

I represent and warrant that I am physically fit and I have no medical condition which would prevent my participation.

In exchange for receiving Services with Ellen Gilbert, LLC I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby waive, release, discharge and hold harmless Ellen Gilbert, LLC and Squadstyle Work and Wellness, its members, officers, employees and agents from any and all liability for any and all injuries, including death, damages or claims relating to or resulting from my receipt of the Services, now or in the future, foreseen or unforeseen.

Further, I will indemnify and hold Ellen Gilbert, LLC and Squadstyle Work and Wellness, its members, officers, agents and employees, harmless from and against any and all claims, rights, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or in connection with any injuries to other persons or damage to property caused by or attributed to me.

Acknowledgement: By voluntarily and knowingly purchasing in-person session(s), I am acknowledging that, among other things: I have carefully read this entire release and waiver, understand its terms without reservation and, accordingly, my Relatives and I are waiving substantial legal rights.”

You will be sent a link to complete Squadstyle’s waiver prior to your first appointment.

MONTHLY PARTNERSHIPS

Monthly partnerships are a monthly recurring subscription, and can be used for in-person (Frederick, Maryland) or virtual coaching. There are no refunds. All sessions are subject to the terms for virtual or in-person sessions. Cancel at any time by emailing ellen@ellengilbert.com. Biweekly partnerships include 2 sessions per month, and weekly partnerships include 4 sessions per month (1 session per calendar week). All partnerships include a ticket to each New Moon Circle for that month (when applicable) and tickets to other free events (as they occur). Sessions cannot be transferred, if you don’t use them, you lose them. As a partnership member, you are entitled to Voxer support in-between sessions and can expect replies from Ellen between 9am and 5pm Monday through Friday ET. Please allow 24 hours for a response. Your partnership subscription may be paused for 1 month at a time, at a maximum of twice per calendar year. No refunds if you decide to cancel without utilizing the rest of the month’s benefits.

3-SESSION PACKAGES

3-session packages can be used for in-person (Frederick, Maryland) or virtual coaching. Sessions expire 3 months from the date of purchase. All sessions in the series must be booked to fall within the dates of the date of purchase and 3 months following the date of purchase. Sessions may be booked at any time during that window. There are no refunds. All sessions are subject to the terms for virtual or in-person sessions.

EVENTS

A full refund will be issued if the event is canceled. No refunds will be issued if the event transpires but you can't attend. We are not responsible for your transportation for the event. We will do our best to work with you to accommodate dietary and accessibility concerns but cannot always promise full accommodation (please reach out with questions and concerns in advance). There are no guarantees or promises, results vary from person to person. To get the most out of the event, take what works for you and leave the rest. By signing up for the event, you agree to our guidelines to respect our sacred, safe space (embrace diversity, respect anonymity, be kind and respectful of everyone, ask for what you need, say no when necessary, walk your edge and push your comfort zone).

By attending this event, you agree to the following photography release: I hereby authorize Ellen Gilbert to take, edit, change, copy, and make any use of all photographs taken of me at the event to be used for promotional materials. I hereby acknowledge that I will not be entitled to payment or any sort of charge for such action. I authorize the use of my photograph for, but not limited to, publication on the internet, magazines, journals, books, articles, etc., provided that it is done for lawful purposes. Upon the usage of my photographs, I consent to such materials becoming the sole property of Ellen Gilbert and that I will no longer be entitled to them, provided that it is done for lawful purposes. I hereby release all rights to any, but not limited to, claims, rights, demands, and/or any causes of action by me or my representatives, heirs or anyone else. Furthermore, I hereby waive my right to any royalty or any other compensation with regard to the usage of the photos referred to in this Form.

By attending this event, you agree to the following: Your participation is voluntary. Furthermore, you will assume any risk associated with participating in the event, and release Ellen Gilbert, LLC from any and all claims of loss or damage that may arise during your participation. Such releases are without limitation, and include attorneys’ fees, personal injury, property damage, and any other losses or damages suffered by yourself. You agree to indemnify and hold Ellen Gilbert, LLC harmless against any and all claims of loss or damage, including damage to Ellen Gilbert, LLC property or the rental property caused by yourself.