The terms and conditions below apply to all coaching and mentoring services provided by Gary Choynowski (“the coach”) to any individual or organization (“the client”) and constitute the contract for the service to be provided by Mage’s Mind (“the coaching company”) for the client. The term ‘coaching’ as used herein covers life coaching, personal coaching, personal development, executive coaching, intuitive coaching and business coaching for clients, and where applicable, includes mentoring or supervision services provided for clients, coaches, or others.

Coaching Terms & Conditions

In the spirit of good practice, when purchasing coaching services (one-to-one, group, or recorded programs) from the coach and coaching company, clients are requested to confirm that they have read and agreed to each statement below and wish to proceed.

All coaching services and communications, whether via email or other means, delivered by Mage’s Mind, as well as information on this website (yourintuitivelife.net), are intended to help improve personal mindset, clarity, goals, action plans, and accountability in order to facilitate progress towards happiness, well-being, and abundance. Coaching is not a substitute for professional mental health care or medical care; nor is it a cure for any mental health diagnosis or medical condition.

The term ‘coaching’ as used herein covers life coaching, intuitive coaching and personal coaching, but it also extends to executive coaching and business coaching for clients.

The coach and the coaching company continually strive to ensure the standard of service provided to clients remains excellent. At the end of the coaching process or series of coaching sessions, clients will be asked to complete a feedback form.

Coaching Disclaimer

In committing to a life coaching program with me, you acknowledge the following:

• You understand that the coaching services you will receive are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat, or cure any mental health or medical conditions. Your Coach is not acting as a mental health counselor or a medical professional.

• For legal purposes, you understand that coaching is currently an unregulated industry, and your Coach is not ‘licensed’ by any governing body, even though sessions may be conducted virtually from anywhere in the world in English.

• You understand that your Coach follows a strict Code of Ethics in coordination with the certification board of the International Association of Abundance Coaches (IAAC).

• You understand and agree that you are fully responsible for your well-being during your coaching sessions and subsequently, including your choices and decisions.

• You understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment, and you will not use it in place of any form of therapy.

• You understand that all comments and ideas offered by your Coach are solely for the purpose of aiding you in achieving the defined goals you create with your Coach. You give your informed consent and hereby give such consent to your Coach to assist you in achieving such goals, understanding that results are not guaranteed.

• You understand that to the extent our work together involves personal development, career, or business, your Coach is not promising outcomes, including but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability, and/or business success.

The coaching schedule will be arranged between the Coach and the client and can be booked up to 3 months in advance. Mage’s Mind’s will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.

Where no specific number of sessions is agreed, sessions will be provided on a session-by-session basis.

In return for the fees payable by the client (or by a third party on their behalf), Mage’s Mind’s agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).

The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions, they can contact Mage’s Mind coordinator to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first session constitutes acceptance of these terms and conditions.

Format of Sessions

Sessions are conducted via Zoom™ or by telephone. In all cases, the client is responsible for maintaining the provided Zoom™ link for connecting with the coach. The coach is open to other formats by mutual agreement. Mage’s Mind is responsible for ensuring availability for consultation at agreed times.

The length of each session (usually 60 minutes) is agreed upon by the client and coach at the time of service agreement. Invoices for fees are to be paid prior to sessions. Sessions may overrun by mutual agreement, and only if the Coach has no commitments immediately following the session.

Session Fees

Mage’s Mind’s current fees are made clear at the time of service agreement. The Coaching Company and/or the Coach reserves the right to change these from time to time. Any payments for sessions paid in advance are honored even if prices have risen between the point of booking and the time of the session.

Dates and Times of Sessions

The date and time of the first session and any subsequent session will be registered in the coaching agreement. Appointments will be stored and shared with the client via Google Calendar. Mage’s Mind’s agrees to maintain availability to match that presented by the agreement and to honor the sessions meeting as agreed.

Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.

Payment Terms

Fees can be paid online by debit/credit card, using the “Stripe” payments gateway or direct ACH transfer linked to an emailed invoice from Novo Bank on behalf of the coaching company. An alternative payment method may be mutually agreed by the coach and client as requested by either party.

Fees are payable in advance of each coaching session. Where payment has not been received by Mage’s Mind’s in advance of a coaching session, Mage’s Mind’s is not obliged to provide the session.

All payments, whether for single sessions, packaged sessions, or programs, are due in advance upon receipt of an invoice. All fees must be paid at least 24 hours prior to booked appointments or start dates.

When making a purchase on the Website, you will be using a third-party payment processor, Stripe, or Novo Bank, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing, or security of your billing information by Stripe. The following payment method(s) are accepted by the third-party payment processor: American Express, Discover, MasterCard, Visa, and direct ACH.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.

Refunds

No refunds for products or services. The Client has up to four (4) years to apply any unused portion of the coaching service or product fees to future sessions, products, and/or packages.

Data Protection

You understand that your Coach will protect your information as confidential unless you state otherwise in writing. If you report child abuse, elder abuse or neglect or threaten to harm yourself or someone else, you understand that necessary actions may be taken, and your confidentiality agreement may be limited in this capacity. Furthermore, if your Coach is ordered by a court to provide information or to testify, he will do so to the extent the law requires.

Data Security

You understand that the use of technology is not always secure, and you accept the risks of confidentiality in the use of email, text, phone, Zoom™, Google Drive™, and any other technology.

Waiver

You hereby release, waive, acquit, and forever discharge your Coach, any agents, successors, assigns, personal representatives, executors, heirs, and employees from every claim, suit, action, demand, or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by your Coach as a result of the advice given by your Coach or otherwise resulting from the coaching relationship contemplated by this agreement.

You further declare and represent that no promise, inducement, or agreement not expressed in this agreement has been made to you to sign this agreement. This agreement shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

Between Sessions

Mage’s Mind’s may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.

The client may contact Mage’s Mind’s by phone or email between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g., where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions, but there will be an additional charge for this. Mage’s Mind’s will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge, and no such charges will be imposed without the client’s agreement.

Rearranging Sessions

If a client needs to rearrange a coaching session, they should provide at least 48-hour notice. No rescheduling appointment will be given to clients for unused coaching sessions unless 48-hour notice has been given. In exceptional circumstances, Mage’s Mind’s may need to rearrange a coaching session. In those instances, he will also give the client 48-hour notice where practical.

Where a client pays for a session or sessions in advance, they must have the coaching session(s) that they have paid for within 3 months of the payment, or their fee is forfeited. No refunds will be given.

Confidentiality

Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior written permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.

Early Termination

In exceptional circumstances, such as illness or unavailability due to bereavement or other dire commitments, inappropriate behavior by the client, actual or potential conflict of interest, or other reasons, Mage’s Mind’s may decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance, the client will be given reasonable notice of termination by Mage’s Mind’s where practicable and will be given a pro-rated refund of any advance payments made for coaching sessions not yet provided. This does not supersede the no refund policy and only applies for significant circumstances as indicated.

Responsibilities

Mage’s Mind’s will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved when clients follow a clear plan in a committed way. However, the client has sole responsibility for making important decisions in their life or business. Mage’s Mind’s has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life, career, or business or to achieve their desired outcomes or goals.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue, and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Prohibited Uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

• Impersonating or attempting to impersonate Paul Gordon or its employees, representatives, subsidiaries, or divisions.

• Misrepresenting your identity or affiliation with any person or entity.

• Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material.

• Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability.

• Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website.

• Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website.

• Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose.

• Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials.

• Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.

• Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempting to interfere with the proper working of the Website.

• Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations.

Availability, errors, and inaccuracies

We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL MAGE’S MIND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, MAGES MIND IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF MAGES MIND WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO MAGES MIND IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OFMAGES MIND. THE AGGREGATE LIABILITY OF MAGES MIND ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY MAGES MIND FROM YOU.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2021 - 2024 Mage’s Mind or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Mage’s Mind and are either registered trademarks, trademarks or otherwise protected intellectual property of Mage’s Mind’s or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Mage’s Mind’s at support@coachgary.net.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;

• A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;

• Your name, email, address, and telephone number; and

• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Mage’s Mind’s magesmind@gmail.com

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via an email campaign.

Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Mage’s Mind’s and the client and confirmed by Mage’s Mind’s in writing by email or letter. In other cases, Mage’s Mind’s may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or email of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the future service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Gary Choynowski Coaching.

Governing law, severability, dispute resolution, and venue

These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of law’s provisions.

THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Any controversy, dispute, or claim arising out of or related to these Terms and Conditions shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Dallas, Texas, United States, unless you and Mage’s Mind’s agree otherwise. Each party shall bear its own costs and expenses, including attorneys’ fees, incurred in connection with any arbitration proceeding. The award shall be final and binding upon the parties without appeal or review except as permitted by Texas law.

Class action waiver

YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION MUST BE BROUGHT IN THE INDIVIDUAL CAPACITY OF THE PARTY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Force Majeure

Mage’s Mind’s will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under these terms that are caused by events outside his reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond Mage’s Mind’s reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action.

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

• Impossibility of the use of public or private telecommunications networks.

• The acts, decrees, legislation, regulations or restrictions of any government.

Gary Choynowski Coaching's performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and he will have an extension of time for performance for the duration of that period. He will use his reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which his obligations under these terms may be performed despite the Force Majeure Event.

Contact Us

If you have any questions about these Terms of Service, please contact us:

support@yourintuitvelife.net

Last Updated: October 17, 2024