Terms of Service & Agreement

Rights, Responsibilities, Policies & Procedures Outline

This Agreement is entered into by and between Sarah Truitt of Araya Hope Coaching LLC and you, the client, whereby Sarah Truitt agrees to provide coaching services for the client focusing on the implementing of the Trim Healthy Mama Lifestyle (also known as THM/The Plan).

Definition of Lifestyle Coaching: Coaching is not only a service but a partnership. It is also a relationship that will require effort, commitment, and teamwork from BOTH parties.  It is designed to facilitate the development of your personal weight-management and wellness goals and to develop and carry out a strategy/plan for achieving those goals.  Your results from coaching largely depend on your readiness and willingness to change.  This will be more difficult at times.  While you may want to change, you may find that you are not ready to do so.  When this occurs, we may have to slow down and work through some issues.  Most people fail at obtaining goals because the goals they set are not set at their current level of readiness.  Should this occur, we will work through this together, one baby step at a time when and if the need should arise, pacing ourselves in the building of a strong foundation as we prepare to climb mountains together.

Responsibilities of the coach: A coach is someone to utilize as a healthy and positive sounding board to investigate, research and develop your plans and ideas who has specialized training in helping you learn to organize your thoughts, develop your ideas and structure your ideas into steps working towards your chosen goals.  In short, a coach is someone who is also a part of your support network; there to help and support you in turning your desires into choices, and your choices into actions!  A coach is someone who can help you learn things about yourself you may not be aware of and who can help you explore all of your options so you can make well-informed decisions that will help you get the results that are right for your specific needs. I try my best to not be a “non-directive coach.”  My desire is not to intervene, but to encourage (which literally means “to lend courage”).  I want to support you in your own thought process in overcoming your challenges and eliminating the things that are blocking you from reaching your wellness goals.

Responsibilities of the client: As a client of Araya Hope Coaching LLC you must be a self-motivated individual.  A Lifestyle Coach can only make suggestions on incorporating Trim Healthy Mama into your lifestyle and help you troubleshoot areas needing improvement… communication is vital!  You will be required to keep a food journal during this journey to help me better serve you.  You must express a willingness to try new things and make time for coaching assignments and tasks.

Coaching Hours: For those who have opted for packages with daily coach availability via e-mail, text message & Facebook messenger during “coaching hours.”  Coaching hours are Monday through Friday from 10:00 a.m. to 4:00 p.m.  Clients may e-mail, text message and/or PM using Facebook Messenger any time that is convenient for them 24 hours a day, 7 days a week so long as it is understood timely responses are only available during “coaching hours” for those who have opted for this additional service.  In addition, I do not answer texts, PMs or emails while I am with a client, but rather between appointments.

Payment: This coaching agreement is valid upon payment. The refund policy in effect for the term of this Agreement is as follows:  All sales are final.  While I do not offer refunds, your remaining sessions can be placed on hold should something arise where you need to take a break from your coaching program.

Appointments: The time of your coaching sessions will be determined by Coach availability and based on a mutually agreed upon time that works best for both Client & Coach. The Coach is responsible for initiating all scheduled calls.  (See Cancelation Policy below)

Cancellation Policy: Client agrees that it is the Client’s responsibility to notify the Coach 24 hours in advance of the scheduled appointments/calls should a client be unable to make their appointment/call time. Appointments/calls can be rescheduled with no consequence if 24-hour notice is given.  Missed appointments/calls with less than 24-hour notice will result in forfeiture.

Confidentiality: This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, will be kept confidential. 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: (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 his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.  (h)The one exception to the above aforementioned is in matters of medical emergencies.  If at any point the Coach feels or is made aware of a life-threatening situation (or one that will result in harm to any person) the Coach will immediately notify the appropriate authorities.

Limited Liability: Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, expressed 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.  The Client accepts full responsibility for the outcome of successfully reaching their goals and clearly understands that while a coach can assist them, they ultimately cannot guarantee another person’s success.  Only you, the client can guarantee that.

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.

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 once notice has been 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.

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.

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.

Applicable Law: This Agreement shall be governed and construed in accordance with the laws of the State of  Minnesota, without giving effect to any conflicts of law’s provisions.

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

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