Coaching Agreement

 

Last Updated: December 2023

By purchasing a Pink Executives Coaching Program or a Pink Executives Program of which coaching is a part of, including one-on-one and group coaching programs, (“Program”) you (the “Client,” “you”) acknowledge and agree to the following. 

This Coaching Agreement (“Agreement”) is between the Client and Pink Executives LLC (“Pink Executives,” “we,” “us,” “our”).

Pink Executives agrees to provide individual or group coaching services for Client focusing on topics that support the Client’s personal and/or professional development as further detailed on the Program offer page and the checkout page. The Coaching Services are carried out through a certified professional coach (“Coach”).

1. DESCRIPTION OF COACHING. Coaching is a 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 and professional 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.

Group Coaching is a coaching relationship in which Coach works together with two or more Clients in a group setting.

2. COACHING DISTINCTIONS. Coaching is distinct from consulting, mentoring, and therapy. Coaching Services only include coaching.

2.1. Coaching is focused on the Client’s present and supports them in creating a more desirable future. It is an equal partnership where the Coach evokes new ways of thinking and being and the Client is responsible for determining their own answers and creating their own solutions. The value is in the Coach’s expertise in the coaching process and communication skills (e.g., listening, observing, questioning, reflecting, etc.), and in their ability to facilitate awareness and change.

2.2. Mentoring is focused on skill development and knowledge-sharing. It is a teaching-oriented relationship where the mentor provides both guidance and solutions. The value is in the mentor’s experience and his/her ability to transfer knowledge to others.

2.3. Consulting is focused on business problems and provides strategy, structure, and methods to solve them. It is an expert service provider relationship where the consultant provides recommended solutions. The value is in the consultant’s ability to evaluate a problem, design a viable solution, and guide others in implementing the solution.

2.4. Therapy is focused on resolving and healing trauma from the past. It is a mental health service provider relationship where the therapist provides both thought-provoking questions and recommended solutions. The value is in the therapist’s ability to diagnose and treat therapeutic issues and emotional blocks.

3. SERVICES. The parties agree to engage in group coaching and/or individual Coaching as further detailed on the Program offer page and checkout page (“Coaching Services”). Client may have access to an online portal to upload documents, track goals, and/or access additional resources. Pink Executives and Coach may provide resources such as articles and other documents to Client throughout the coaching engagement via email or through an online portal. All services together, including Coaching Services, access to the online platform, resources, etc., are referred to herein as “Services”.

Under no circumstances will Pink Executives and Coach provide therapy, nor will we render any medical or psychological advice or engage in any activity or practice that may require specialized training and/or licensing.

4. COACH-CLIENT RELATIONSHIP

4.1. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)”. coachfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.

4.2. Client understands and acknowledges that what is shared by Coach is not, nor can be seen as, giving advice of any kind, including but not limited to business, career, financial, medical, or psychological advice.

4.3. Client further understands that Coach is not any of the following: a physician, dietician, nutritionist, counselor, psychologist, psychiatrist, psychotherapist, medical professional of any kind, doctor, lawyer, accountant, tax professional, financial advisor, career consultant, psychic, or similar professional.

4.4. Client acknowledges that coaching does not involve the diagnosis or treatment of disease, illness, ailment, or any mental disorders as defined by the American Psychiatric Association and that Services are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, financial, tax, career, medical, or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed and at Client’s own expense. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly informs the mental health care provider of the nature and extent of the Services Client intends to purchase or purchased.

5. CLIENT RESPONSIBILITY

5.1. Client understands, accepts, and agrees that Client is 100% responsible for Client’s progress and his/her/their results from the Services.

5.2. Pink Executives and Coach make no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of the Services, the results experienced by each participant may significantly vary.

5.3. Client is solely responsible for creating and implementing Client’s own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship, the coaching calls, and interactions with the Coach. As such, the Client agrees that Pink Executives and Coach are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Services provided. Client understands 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.

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

5.5. Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy required to participate fully in the program. Client understands this is essential for the coaching relationship and its effectiveness.

6. TERM. This coaching agreement is valid as of the day of the online purchase. The engagement begins on the date the Client purchased the program online and ends with termination of Client’s membership in the coaching program or in the program of which coaching is a part of.

7. FEES. The fee for the Services is as further detailed on the Program offer page and checkout page (“Offer”).

According to the Offer, you may choose between paying the full amount upfront (“Pay in Full”) or paying in equal installments (“Payment Plan”). Further, one-on-one or group coaching programs require a retainer, which is payable in full upfront and is non-refundable.

We do not offer refunds. If you opted for a Payment Plan, you are required by law to complete your payment plan. You are responsible for the completion of all payment plans associated with the Services you purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

8. PROCEDURE

8.1. Scheduling

8.1.1. Individual Coaching. The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will log into Zoom or another online platform determined by Coach using the link provided through the online scheduling system.

8.1.2. Group Coaching. Group coaching meetings will be offered at set times. The times and location of the coaching meetings will be determined by Pink Executives and communicated to the Client in the members only online platform or via email. It is Client’s responsibility to sign up for each and every group coaching meeting(s) using the booking links provided by Pink Executives online. Client will log into Zoom or another online platform determined by Coach using the link provided through the online scheduling system or the members only platform.

8.2. Cancellation Policy; Rescheduling; Missed Calls

8.2.1. Individual Coaching

8.2.1.1. Client may reschedule or cancel a coaching meeting up to 72 hours prior to the scheduled meeting by using the reschedule/cancel link in the meeting invitation and rescheduling or cancelling the meeting.  If Client reschedules or cancels less than 72 hours in advance of the scheduled meeting (“Late Cancellation”), it is considered a “Missed Meeting”.

8.2.1.2. If Client does not show up to a scheduled meeting or cancels/reschedules less than 72 hours prior to the start of the scheduled meeting, it is considered a “Missed Meeting”. Client will forfeit the Missed Meeting and will be charged for the Missed Meeting at the full rate. No refunds will be provided for Missed Meetings.

Coach may, at Coach’s sole discretion, make up for the missed meeting at no additional cost to Client. Coach has no responsibility or liability to make up for missed meetings.

8.2.1.3. If Client shows up late, the missed time will not be made up. This includes joining late due to technical difficulties of any kind.

8.2.2. Group Coaching. Client understands and agrees that due to the nature of group coaching, Client cannot reschedule nor cancel a meeting. If Client misses a meeting or joins late, the missed time will not be made up. No refunds will be provided for missed time or missed meetings.

9. CONFIDENTIALITY

9.1. No Legally Recognized Privilege. 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.

9.2. Pink Executives agrees not to disclose any information pertaining to the Client without the Client’s consent. Pink Executives will not disclose the Client’s name as a reference without the Client’s consent.

9.3. According to the ethics of the coaching 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.

9.4. Confidential Information Does Not Include information that: (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; (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.

9.5. Client’s Obligation. Client acknowledges Client’s continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

10. RELEASE OF INFORMATION

10.1. Recordings. Client acknowledges and agrees that all coaching calls (individual and group coaching) will be recorded and made available to Client to view in their members-only online portal for a limited time only. Individual coaching call recordings will be made available to the individual Client only. Group coaching call recordings will be made available to all Clients within the respective group. Client only has the right to watch recordings. Client is not permitted to download, record (including through screen recording or other technology) or duplicate any such recording in any way. Client may use recordings for their own personal use only.

10.2. Testimonials. Pink Executives may request Client to provide a testimonial to be published on the Website, or on various sales materials related to a Program created by Pink Executives. Client understands that he/she/they are not required to give any testimony and that the choice to do so is voluntary to Client. There will be no ramifications or change in relationship between Pink Executives and Client if Client refuses testimonial. If Client accepts and provide Pink Executives with a testimonial, Client understands the material, along with a photo of Client, will likely be published on the Pink Executives website or otherwise. No payment or additional services will be provided in return for Client’s testimonial, and Client understands that he/she/they are granting Pink Executives an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Pink Executives as part of a testimonial.

10.3. Coach’s Continued Education

10.3.1. Credentialing. Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials and/or EMCC Credentials. That process requires Coach to provide the names and contact information of all Clients for possible verification by the ICF and the EMCC. By purchasing a Pink Executives Coaching Program, Client agrees to have his/her/their name, contact information, start and end dates of coaching, and total number of hours of coaching shared with ICF and EMCC 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. Client also agrees to confirm such information to the ICF and EMCC should they request confirmation.

10.3.2. Mentor coaching. In addition, Coach may engage in mentor coaching leading up to pursuing higher ICF and/or EMCC Credentials. That process requires the coaching calls/meetings to be recorded and the audio file together with a transcript to be shared with both the mentor coach and the ICF/EMCC assessor(s). Other than Client’s first name, no personal information will be shared. By purchasing a Pink Executives Coaching Program, Client agrees to have his/her/their coaching meetings/calls recorded and the audio files together with transcripts, which may include Client’s first name, shared with the respective parties and mentor coaches at ICF and EMCC.

11. TERMINATION

11.1. Client may discontinue the coaching at any time.

If Client opted for a Payment Plan, Client is required by law to complete your payment plan even after Client discontinues the coaching. Client is responsible for the completion of all payment plans associated with the Services. Pink Executives reserves the right to seek recovery of any monies remaining unpaid via our Collection Agency.

11.2. Pink Executives may suspend or terminate Client access to the Services (in full or in part) if: (i) Client have breached any provision of this Agreement or any other agreement referenced herein; (ii) Pink Executives is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful); or (iii) Client uses the Services for any unauthorized, fraudulent, abusive or illegal activity. Client agrees that all terminations for cause shall be made in Pink Executives’ sole discretion and that Pink Executives shall not be liable to Client or any third party for any termination of the Services in accordance with this Section. In addition to suspending or terminating Client’s access to the Services, Pink Executives reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. Even after Client’s right to use the Services is terminated, the Agreement will remain enforceable against Client and unpaid amounts Client owes to Pink Executives for any purchases will remain due.

12. REFUND POLICY

12.1. All fees, charges, and payments for Services are final and non-refundable, except as provided otherwise in the terms and conditions as applicable to the specific Program Client purchased or to the extent prohibited by applicable law, and Pink Executives will not issue any refunds.

12.2. We do not offer refunds. If Client opted for a Payment Plan, Client is required by law to complete your payment plan. Client is responsible for the completion of all payment plans associated with the Services you purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

12.3. A retainer is always non-refundable.

13. DISCLAIMER

13.1. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT WHAT IS SHARED BY PINK EXECUTIVES IS NOT, NOR CAN BE SEEN AS, GIVING ADVICE OF ANY KIND, INCLUDING BUT NOT LIMITED TO BUSINESS, CAREER, FINANCIAL, MEDICAL, OR PSYCHOLOGICAL ADVICE.

13.2. CLIENT AGREES THAT PINK EXECUTIVES HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY COACHING EXPERIENCE OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT, AND CLIENT ATTENDS AND PARTICIPATE IN COACHING SERVICES AT A CLIENT’S OWN RISK.

13.3. PLEASE NOTE THAT, WHERE COACHING SERVICES ARE PROVIDED BY AN INDEPENDENT PROFESSIONAL COACH, SUCH COACHING SERVICE IS PROVIDED BY THE INDEPENDENT PROFESSIONAL COACH AND NOT BY PINK EXECUTIVES.

13.4. INDEPENDENT PROFESSIONAL COACHES ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, OR JOINT VENTURERS OF PINK EXECUTIVES. PINK EXECUTIVES DOES NOT PERFORM COACHING SERVICES PROVIDED BY INDEPENDENT PROFESSIONAL COACHES AND USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR ACCEPT ANY RESPONSIBILITY FOR SUCH COACHING SERVICES BUT MAY MONITOR AND FACILITATE COACHING SERVICES THROUGH THE WEBSITE OR ONLINE SERVICES.

13.5. CLIENT FURTHER UNDERSTANDS THAT PINK EXECUTIVES, ITS EMPLOYEES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS, AND AGENTS, ARE NOT ANY OF THE FOLLOWING: A PHYSICIAN, DIETICIAN, NUTRITIONIST, COUNSELOR, PSYCHOLOGIST, PSYCHIATRIST, PSYCHOTHERAPIST, MEDICAL PROFESSIONAL OF ANY KIND, DOCTOR, LAWYER, ACCOUNTANT, TAX PROFESSIONAL, FINANCIAL ADVISOR, CAREER CONSULTANT, PSYCHIC, OR SIMILAR PROFESSIONAL.

13.6. CLIENT ACKNOWLEDGES THAT COACHING DOES NOT INVOLVE THE DIAGNOSIS OR TREATMENT OF DISEASE, ILLNESS, AILMENT, OR ANY MENTAL DISORDERS AS DEFINED BY THE AMERICAN PSYCHIATRIC ASSOCIATION AND THAT SERVICES ARE NOT TO BE USED AS A SUBSTITUTE FOR COUNSELING, PSYCHOTHERAPY, PSYCHOANALYSIS, MENTAL HEALTH CARE, SUBSTANCE ABUSE TREATMENT, OR OTHER PROFESSIONAL ADVICE BY LEGAL, FINANCIAL, TAX, CAREER, MEDICAL, OR OTHER QUALIFIED PROFESSIONALS AND THAT IT IS THE CLIENT’S EXCLUSIVE RESPONSIBILITY TO SEEK SUCH INDEPENDENT PROFESSIONAL GUIDANCE AS NEEDED AND AT CLIENT’S OWN EXPENSE. IF CLIENT IS CURRENTLY UNDER THE CARE OF A MENTAL HEALTH PROFESSIONAL, IT IS RECOMMENDED THAT THE CLIENT PROMPTLY INFORMS THE MENTAL HEALTH CARE PROVIDER OF THE NATURE AND EXTENT OF THE SERVICES CLIENT INTENDS TO PURCHASE OR PURCHASED.

14. EARNINGS DISCLAIMER.

14.1. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT SERVICES AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT CLIENT WILL EARN ANY MONEY, GET A PROMOTION, RECEIVE A RAISE, OR OTHER COMPENSATION USING THE TECHNIQUES, IDEAS, AND OTHER MATERIALS SHARED IN SERVICES. EARNING POTENTIAL AND THE POTENTIAL OF ACHIEVING SUCCESS AND FULFILLMENT IS ENTIRELY DEPENDENT ON THE PERSON USING OUR SERVICES, PRODUCTS, IDEAS, AND TECHNIQUES, AS WELL AS OTHER FACTORS SUCH AS CLIENT’S APPROACH, SKILLS, POSITION, INDUSTRY, ENVIRONMENT, LOCATION, ETC. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, PINK EXECUTIVES AND COACH CANNOT GUARANTEE CLIENT’S SUCCESS OR FULFILLMENT OR INCOME LEVEL, NOR ARE PINK EXECUTIVES AND COACH RESPONSIBLE FOR ANY OF CLIENT’S ACTIONS.

14.2. MANY FACTORS ARE IMPORTANT IN DETERMINING CLIENT’S ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT CLIENT WILL ACHIEVE RESULTS SIMILAR TO THE RESULTS OTHER CLIENTS SHARED IN THEIR TESTIMONIALS. IN FACT, NO GUARANTEES ARE MADE THAT CLIENT WILL ACHIEVE ANY RESULTS FROM THE SERVICES.

15. DISCLAIMER OF WARRANTIES AND CONDITIONS.

15.1. AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, OR ATTENDANCE AT ANY PINK EXECUTIVES ORGANIZED EVENT, IS AT YOUR SOLE RISK, AND THE SERVICES, AND ANY PINK EXECUTIVES ORGANIZED EVENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PINK EXECUTIVES PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

15.2. PINK EXECUTIVES PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) ANY ERRORS ON THE SERVICES WILL BE CORRECTED; (5) YOUR USE OF THE SERVICES WILL NOT EXPOSE YOUR HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK; OR (6) THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICES.

15.. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR OTHERS, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

15.4. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. PINK EXECUTIVES MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF THE SERVICES.

15.5. CERTAIN JURISDICTIONS' LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE LOCATED IN THE UNITED KINGDOM, YOU HAVE A RIGHT FOR THE SERVICES TO BE PERFORMED WITH REASONABLE CARE AND SKILL.

15.6. NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT PINK EXECUTIVES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PINK EXECUTIVES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL WEBSITES AND THIRD-PARTY APPS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

16. LIMITATION OF LIABILITY.

16.1. Exclusion of Certain Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PINK EXECUTIVES AND COACH SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THIS AGREEMENT, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PINK EXECUTIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS INCLUDES LOSSES THAT WERE NOT FORESEEABLE TO YOU OR PINK EXECUTIVES WHEN THE AGREEMENT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH BY PINK EXECUTIVES. WE DO NOT LIMIT OR EXCLUDE THE PINK EXECUTIVES’ LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

16.2. Cap on Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE AMOUNT THAT PINK EXECUTIVES AND COACH ARE LIABLE TO CLIENT, AND THE CLIENT’S EXCLUSIVE REMEDY, WILL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF (1) THE TOTAL OF ANY SUBSCRIPTION, PURCHASE PRICE, OR SIMILAR FEES WITH RESPECT TO THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST PINK EXECUTIVES, OR (2) US$100.00. WE DO NOT LIMIT OR EXCLUDE PINK EXECUTIVES’ LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

16.3. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT PINK EXECUTIVES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PINK EXECUTIVES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL WEBSITES AND THIRD-PARTY APPS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

17. Other Terms and Conditions. Depending on the Program you purchased, the following terms also govern and apply to your use of the Services, and they are incorporated herein by this reference. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

17.1. The Inner Circle. For Clients who are members in The Inner Circle, the Terms and Conditions of The Inner Circle apply to Client’s use of the Services and are incorporated herein by this reference.

18. Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Pink Executives agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved in mediation, Client and Pink Executives agree to arbitrate in accordance with the Arbitration Agreement included in the terms and conditions as applicable to the Program Client purchased. In the event of any legal action, the prevailing party shall be entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs from the other party.

19. Severability:

If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of these Terms and Pink Executives, and the remaining portions shall remain in full force and effect.

20. Waiver:

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

21. Applicable Law:

The Agreement and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction. Some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This Section does not override those laws. The United Nations convention on contracts for the international sale of goods does not apply to the Agreement.

22. 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.

23. Binding Effect:

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