Mpowered Leadership LLC Terms and Conditions

2024 - 2025

 

This Agreement, “Terms and Conditions” is entered into by and between: MPowered Leadership, LLC (“Coach / Marian Astor Hunt”) and You / Your Company (You / Your Company and, “Client”) whereby MPowered Leadership, LLC agrees to provide Coaching Services for You / Your Company centering on the following core focus areas attached to this Agreement as Schedule A.

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 potential. It is designed to facilitate the creation and development of goals and to develop and carry out strategies for achieving those goals.

1. Coach-Client Relationship 

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

B) Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her 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. The Client also 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.

C) Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time, however the full payment is still required for services outlined in section 2 and fees outlined in section 3.

D) Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her 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.

E) 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.

F) 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 program.

2. Services

Provided by: MPowered Leadership, LLC
Address: PO Box 123 Marblehead MA 01945
Contact Information: [email protected]

The parties (Coach and Client) agree to engage in these activities, selected & purchased by the client: 

“Spark” program, a self paced course: Outcomes cannot be guaranteed. No refunds will be granted. LIfetime access shall be granted upon purchase, unless otherwise determined by MPowered Leadership LLC. Access can be revoked at any time as determined by the Coach / Mpowered Leadership LLC. Information is copyrighted and confidential and shall not be shared by the Client under any circumstances.

“Empower” group coaching & course: Held remotely, over the course of 8 weeks. Outcomes cannot be guaranteed. Meetings will be once per week, in a two hour increment via Zoom, over the course of this 8 week approximate period. This program includes a 90 minute private 1:1 coaching session with Marian, which must be used within 6 months of the program’s conclusion (6 month period begins EST at the end of the last session). It is recommended the Client use the session within the program 8 week period for maximum outcome. Marian cannot guarantee outcome of community, tools, techniques and information shared within this program. It is solely up to each Client to determine their own results. Access to Marian outside of the community and 1:1 session cannot be guaranteed, however all support requests will be monitored closely to ensure support of each Client. Should the Client require additional support of a medical professional, this is the Client’s sole responsibility. As outlined previously in this agreement, Mpowered Leadership LLC, Marian Astor Hunt, “Coach” is not responsible for Client outcomes and will not be held liable. All tools, techniques and information included in the Empower program are outlined on the sales page. This program does not include the Spark program. LIfetime access shall be granted upon purchase, unless otherwise determined by MPowered Leadership LLC. Access can be revoked at any time as determined by the Coach / Mpowered Leadership LLC. Information is copyrighted and confidential and shall not be shared by the Client under any circumstances.

“Radiate” private 1:1 coaching: Held remotely unless otherwise determined, this 6 month private coaching program will be in two hour increments every two weeks, unless otherwise determined and agreed to mutually (over an approximately 24 week period). This includes one to one coaching sessions as defined below and does not include group coaching or VIP days, which are available for additional purchase. This program includes all tools from Empower and additional bonus tools at outlined on the sales / program page. This program does not include the Spark program. As previously outlined, the outcomes of the Client are solely determined by the client and MPowered Leadership LLC, Marian Astor Hunt, “Coach” or affiliated persons are not to be held liable under any circumstances. If sessions are missed by the Client due to personal, medical or other critical reasons, Client is responsible to make up sessions within a 7 month period of the beginning of the program (as determined by the first session between Coach and Client). No additional sessions or coaching are permitted beyond the scope of this agreement, unless additional purchases have been made as defined as “add ons” by the Coach. Should the Coach miss any sessions due to personal, medical or other critical reasons, Coach is permitted to reschedule with the Client as their schedule allows within a 7 month period as defined above. In addition, the Coach will be available to Client by email, voicemail and text in between scheduled meetings as defined by the Coach. Coach will make meaningful effort to respond reasonably, within a 24 - 48 hour period.

3. Work Product and Authorship 

Any Mpowered Leadership LLC / Coach works authored, copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product” and “Proprietary Information”) developed in whole or in party in Coaching connection with the Services provided shall be the exclusive property of Mpowered Leadership LLC / Coach. The Client agrees that they shall:

1. Not share any information authored by Mpowered Leadership LLC unless they have written permission by MPowered Leadership LLC / the Coach.
2. Not disclose the confidential and/or proprietary information of Mpowered Leadership LLC / the Coach or other participants by any means not authorized to anyone, including third parties.
3. Not copy or duplicate the confidential and/or property information unless specifically directed to do so by the Coach.
4. Not disclose the confidential and/or proprietary information by any unauthorized means to any third parties for an indefinite period following the termination of this agreement.
5. Not use the confidential and/or proprietary information for any purpose except those expressly authorized by the Client.
6. Inform Mpowered Leadership LLC / the Coach immediately if the Client or another participants becomes aware of any unauthorized use or disclosure of the confidential and/or proprietary information. 

 4. Payment, Fees and Schedule 

Client will pay compensation to Mpowered Leadership / Coach for the services at a rate determined during the initial program checkout page.  This compensation shall be payable and due prior to the initiation of services, via checkout. By agreeing to these Terms and Conditions and the entirety of this Agreement, the Client is confirming knowledge of specific rate of requested service.  If the Client is taking advantage of the pay-in-full payment structure, pay in full is due at the time of checkout. If Client is taking advantage of any payment program, payment is due as outlined at checkout and Client agrees to pay entirety of rate and all fees associated with payment plan. If Client is eligible for a discount, all appropriate discounts will be applied at checkout.

These terms and conditions are valid as of January 1, 2024 and will remain valid unless otherwise noted. The fee is $199 for the Spark program, $7,997 for the Empower program, $25,000 for the Radiate private 1:1 coaching program, $6,500 for custom/in person VIP days.  Discounts are as noted via sales pages. Standard pay schedules are listed on sales pages. Unless otherwise noted, all programs must be paid in advance of the program commencement. However, an exception will be made for You / Your Company in the Empower or Radiate program as outlined on the corresponding sales page.

5. Procedure

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 is responsible for being timely on all calls, as outlined in section 2 via Zoom. If the Coach or Client is not available via Zoom, it is the Client’s responsibility to contact the Coach via email, voicemail or text as soon as possible, respectfully 24 hours in advance of the scheduled meeting time. The Coach will send Google calendar invites with Zoom information prior to the scheduled appointment time, agreed upon by both parties. Should the Coach not be available (due to illness, personal emergency or another personal challenge), Coach will contact the client as soon as possible, respectfully within 24 hours in order to reschedule the time and ensure the session is held and within a 7 month timeframe as outlined in section 3.

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.

A) 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.

7. Release of Information

The Coach engages in training and continuing education maintaining ICF (International Coach Federation) Credentials. This 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.

By making a purchase, client agrees to the above and all included information in these terms and conditions. Client also agrees not to bring any legal action to Mpowered Leadership LLC, Marian Astor Hunt, Marian Hunt Spurrier or any affiliated persons. Client releases all claims in acknowledging and agreeing to these terms.

1. A) 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.
2. B) By making a purchase, Client acknowledges and agrees with this agreement. Client also agrees that their name (“You / Your Company”) be used in marketing materials via website, mailings, social media, etc to support MPowered Leadership, LLC’s continued commitment to peak performance, attaining and maintaining high performance and the pursuit of applied positive psychology. Should the client wish to given their own pursuit of high performance and their own endeavors, MPowered Leadership LLC may also be featured in marketing materials as described above. Respectfully, each party will maintain the core confidentiality agreements as outlined previously.

8. Privacy Policy

Marian Astor Hunt / Mpowered Leadership is committed to maintaining the accuracy, confidentiality, and security of your personally identifiable information ("Personal Information"). As part of this commitment, our privacy policy governs our actions as they relate to the collection, use and disclosure of Personal Information. 

Marian Astor Hunt / Mpowered Leadership collects, uses and discloses Personal Information to provide you with the product or service you have requested and to offer you additional products and services we believe you might be interested in. The purposes for which we collect Personal Information will be identified before or at the time we collect the information. In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address and payment information is provided as part of the order process.

Knowledge and consent are required for the collection, use or disclosure of Personal Information except where required or permitted by law. Providing us with your Personal Information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of a product or service, except as required to be able to supply the product or service.

The Personal Information collected will be limited to those details necessary for the purposes identified by Marian Astor Hunt / Mpowered Leadership. With your consent, we may collect Personal Information from you in person, over the telephone or by corresponding with you via email or mail.

Personal Information may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law. Personal Information will only be retained for the period of time required to fulfill the purpose for which we collected it or as may be required by law. Personal Information will be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is to be used.

Personal Information will be protected by security safeguards that are appropriate to the sensitivity level of the information. Please refer to the confidentiality section for related information regarding International Coaching Federation Ethical standards which Marian Astor Hunt / Mpowered Leadership also adheres to. We take all reasonable precautions to protect your Personal Information from any loss or unauthorized use, access or disclosure.

We will make information available to you about our policies and practices with respect to the management of your Personal Information. Upon request, you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to it. You may verify the accuracy and completeness of your Personal Information, and may request that it be amended, if appropriate. However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security or commercial proprietary restrictions.

You may direct any questions or enquiries with respect to our privacy policy or our practices by contacting: [email protected]

Cookies: A cookie is a small computer file or piece of information that may be stored in your computer's hard drive when you visit our websites. We may use cookies to improve our website’s functionality and in some cases, to provide visitors with a customized online experience. Cookies are widely used and most web browsers are configured initially to accept cookies automatically. You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website.

Other Websites: Our website may contain links to other third party sites that are not governed by this privacy policy. Although we endeavour to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.

 9. Cancellation Policy

Client agrees that it is the Client's responsibility to notify the Coach twenty four (24) hours in advance of the scheduled meetings, within the Empower, Radiate or VIP programs. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting to ensure the completion of the twelve session three month program is completed. All cancellations still require payment in full of all services agreed to, regardless of use. Should Client cancel, Client is still responsible for payment as outlined above. Payment must be made in accordance to the schedule outlined in their checkout. No refunds will be offered.

10. Termination

Either the Client or the Coach may terminate their relationship and end the program at any time with two (2) weeks written notice. If there is termination for any reason, the client agrees to compensate the Coach for all coaching services rendered through the entirety of the planned program, as outlined in section 3. This includes any sessions not completed after the effective date of termination of the coaching relationship.

11. 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, after and including the termination date (as outlined in section 8).

12. 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 and Terms and Conditions may not be amended, altered or supplemented except in writing and acknowledged by both the Client and Mpowered Leadership LLC, Coach.

13. 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 thirty (30) days after notice given. If the dispute is not so resolved, and in the event of legal action, the Coach shall be entitled to recover attorney’s fees and court costs from the Client, or other party.

14. 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.

15. 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.

16. Applicable Law

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

17. Binding Effect

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

18. Terms & Conditions / Agreement Acknowledgement & Signatures

By making a purchase, Client acknowledges and agrees to this agreement. Should the Client or prospective Client wish to sign this agreement, Client or prospective Client may email [email protected] for a copy of this agreement which can then be signed by both Client and Coach. Should this be the case, please sign both copies and return one copy of this signed Client Agreement prior to the first scheduled coaching meeting or program beginning. Retain one copy for your records. The signed copy can be sent to:[email protected].

 

Thank you for your purchase, consideration, acknowledgement and agreement of these terms. If you have any questions, please submit them to [email protected]. 

Wishing you a bright and wonderful day.