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9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. WHILE THE COMPANY DOES OFFER A MONEY-BACK GUARANTEE FOR MANY OF IT'S LIVE BREAKTHROUGH COACHING PAID PROGRAMS, IT DOES NOT WARRANTY ANY OF IT'S FREE OR RECORDED VIDEO-BASED PROGRAMS IN ANY WAY. SINCE THESE FREE AND RECORDED VIDEO-BASED PROGRAMS DO NOT ALLOW FOR THE PERSONALIZATION AND RESPONSIVENESS OF A LIVE BREAKTHROUGH COACH, AND BECAUSE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS WITH PROGRAMS THAT DO NOT INCLUDE SUBSTANTIAL LIVE, PERSONALIZED COACHING. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
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14. This agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Lawrence, Kansas. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
1. BreakThrough Coaching is a cooperative endeavor and you as the client are in the driver’s seat. James Mayfield Smith is a guide, trained to listen, reflect, and offer structured processes designed to get you in touch with your own inner wisdom, to gain insights, have breakthroughs, and experience energetic shifts that lead to lasting change. BreakThourgh Coaching utilizes strategic planning, values clarification, intrapersonal insight, mindfulness, shamanic and mythological tools, self-care, emotional intelligence, stress management, and self-regulation techniques that focus primarily on the present. You are likely to be given specific ongoing practices as part of our work together, and you will get out of our work as much as you are willing to put into it.
2. BreakThrough Coaching does not diagnose or treat mental health disorders. Coaching is not reimbursable through health insurance policies, as psychotherapy often is. Both coaching and psychotherapy utilize knowledge of human behavior, motivation and behavioral change, and interactive counseling techniques. The major differences are in the goals, focus, and level of professional responsibility. The primary focus of BreakThrough Coaching is to nurture the inner BreakThroughs required to reach client-identified goals of enhanced performance, personal satisfaction, and improvement in the general conditions in the client’s life, business, or profession. The primary focus of psychotherapy is identification, diagnosis, and treatment of mental and nervous disorders. The goals of psychotherapy include alleviating symptoms, understanding the underlying dynamics which create symptoms, changing dysfunctional behaviors which are the result of these disorders, and developing new strategies for successfully coping with the psychological challenges we all face.
3. The relationship between the coach and client is specifically designed to avoid the power differentials that occur in the psychotherapy relationship. The client sets the agenda and the success of the enterprise depends on the client's willingness to take risks and try new approaches. The relationship is designed to be more direct and challenging. You can count on James Mayfield Smith as your coach to be honest and straightforward, asking powerful questions and using challenging techniques to move you forward. You are expected to evaluate progress and when coaching is not working as you wish, you should immediately inform James so that you both can take steps to correct the issue.
4. James Mayfield Smith is also a trained Shamanic Minister, ordained through Venus Rising Association for Transformation. If shamanic psycho-spiritual counseling tools (such as shamanic breathwork) would be a beneficial addition to your inner work, then shamanic counseling tools may be added to your coaching program.
5. APPOINTMENTS, HOURS AND LOCATION
Most Breakthrough Coaching clients meet virtually via webinar using Zoom technology (or if needed, Skype or Google Hangouts) or occasionally via telephone. Individual sessions can be 60, 90, or 120 minutes in length, and can be scheduled via the BreakThrough Circle calendar app at https://breakthroughcircle.acuityscheduling.com/schedule.php
6. CANCELLATION POLICY
In the event that you are unable to keep an appointment, you must notify James Mayfield Smith 24 hours in advance, unless there is a reasonable emergency that prevents you from doing so. If James does not receive such notice, you will be responsible for paying the full fee that you have agreed upon for coaching sessions. If you need to cancel or reschedule your appointment, simply use the cancel or reschedule link in the confirmation email or text that was sent about your appointment. In a pinch, you can also call, text, or email James directly to reschedule if needed.
7. FINANCIAL TERMS
Fees for virtual sessions are to be made through PayPal or via the Stripe shopping cart prior to each session. Most clients purchase a package with a number of sessions or a specific program or course with a set number of individual Breakthrough coaching sessions. For clients who prefer to work in person, face to face sessions meeting at James' Lawrence office may either be paid through PayPal in advance or in person (via check, cash, or MC/Visa) at the time of your session.
BreakThrough Circle offers one of the most wide open refund policies available. If you are not satisfied with the BreakThrough facilitation and the results that you receive, you may ask for a full refund of your investment of your current package. If you aren’t blown away by the results of your BreakThrough Circle work, then we prefer that you invest it somewhere that gets you the results you are looking for.
9. YOUR CHOICE TO INVEST IN ONE OF THE BREAKTHROUGH CIRCLE COACHING PROGRAMS INDICATES THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ITS TERMS. IT ALSO SERVES AS AN ACKNOWLEDGEMENT THAT YOU HAVE THE OPTION TO TERMINATE YOUR PERSONAL COACHING RELATIONSHIP AT ANY TIME.
Last Updated: December 8, 2017
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