HOME ABOUT WORK WITH ME THE DIFFERENCE BLOG
FREE TRAINING

Nicolas Bardoukas Executive & Health Coaching Services User Agreement

 

Acceptance of Terms

 

By accessing and using the services provided by Nicolas Bardoukas, Executive Health Coach (hereafter referred to as “the Coach”), you (hereafter referred to as “Client”) agree to be bound by the following terms and conditions (the “Agreement”). This Agreement is effective upon your acceptance as indicated by clicking the "I Agree" button or checking a corresponding checkbox at the time of payment or account creation on the website.

 

THEREFORE, the Coach and the Client agree as follows:

 

  1. TERMS:
  2. During the terms of this Agreement, the Coach agrees to provide consultations in accordance with the specific services set forth in the Private Coaching Package as outlined in Attachment A.
  3. The services to be provided by the Coach to the Client are Coaching, tele-coaching, or consulting, as designed jointly with the Client. Executive or Health Coaching, which are not advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client life, health, or profession.
  4. Client is aware that the Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s therapist or physician. If Client is presently under any form of psychiatric care or specialized medical supervision, Client is to inform Coach prior to working together.
  5. Coach and Client agree upon the Package through which consultations, preparation, and follow-up work (if necessary) are conducted. Dates and location are chosen collaboratively and adhered to upon signing the agreement.
  6. Client agrees to cancel or reschedule a session more than 24 hours prior to scheduled session. If client does not reschedule prior to this time, that session will be forfeited.

 

  1. METHODOLOGY: Coach will employ a range of methodologies, including coaching or mentorship. The Client agrees to be open minded and partake in methods proposed. The Client understands that the Coach makes no guarantees as to the outcome of the sessions or package.

 

  1. PAYMENT:

 

  1. The Client will make payment via website or other agreed upon method as outlined in Attachment A.
  2. Coach abides by a strict, no refund policy. By accepting the terms of this Agreement, the Client agrees and understands that the Client is foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by the Coach. The Client further acknowledges that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), the Client is taking full responsibility for their own success. Thus, the Client agrees that the Client will not request a refund.
  3. Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that the Coach will send an invoice or charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A. No sessions will be held until payment is made and if payment due is not paid within ten (10) days of due date, Client forfeit any remaining sessions.

 

DISCLAIMERS: By participating in executive and health coaching services, mentorship, and/or consulting, the Client acknowledge that Nicolas Bardoukas is not a medical doctor, clinical psychologist, and/or therapist, and services do not replace the care of other professionals. Executive and Health Coaching are in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. Any information or coaching provided via email or other communication channels is not medical advice and is for educational purposes only.

 

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.

 

The Coach may provide the Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. The Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

 

Any testimonials or examples shown through the Coach’s website, programs, and/or services are only examples of what may be possible for the Client. There can be no assurance as to any particular outcome based on the use of the Coach’s programs and/or services. The Client acknowledges that the Coach has not and does not make any representations as to the future result that may be derived as a consequence of use of the Coach’s website, programs, products or services.

 

  1. SUCCESS IS NOT GUARANTEED: By accepting the terms of this Agreement, the Client agrees and understands that the Coach provides coaching Program(s) related to executive and health coaching only and guarantees no specific results. The Client takes full responsibility for the Clients own success. Further, the Client acknowledges that everyone's success is different, and dependent on factors such as the Client’s own drive, dedication, and motivation. Any examples of health outcomes or testimonials are not meant as a promise or guarantee of the Client’s own health outcomes or success.

 

  1. CONFIDENTIALITY: This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, coaching sessions, or otherwise. The Client acknowledges that the Coach may share confidential information or coaching sessions with the Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

 

  1. RECORDING OF CALLS: Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement.

 

  1. INTELLECTUAL PROPERTY RIGHTS: In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. The Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.

 

  1. DISCLAIMER OF WARRANTIES: The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.

 

  1. NON-TRANSFERABILITY: The rights and obligations under this Agreement are personal to the Client. The Client may not assign or transfer any rights or obligations under this Agreement.

 

  1. INDEMNIFICATION: Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.

 

  1. INTEGRATION: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between the Client and the Coach concerning the coaching services, and this Agreement supersedes and replaces any prior proposal, representation, or understanding the Client may have had with the Coach relating to the coaching services, whether oral or written.

 

  1. AMENDMENT: The Coach reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.bardoukas.com.

 

  1. NON-DISPARAGEMENT: The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither the Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

 

  1. DISPUTE RESOLUTION: If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in BONN, GERMANY or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

  1. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, regardless of the conflict of laws principles thereof.

 

  1. TERMINATION: The Coach may terminate this Agreement at any time in its discretion upon notice to the Client. Paragraph “CONFIDENTIALITY” above shall survive termination of this Agreement, binding the Client to Confidentiality in perpetuity.

 

  1. ATTORNEY’S FEES AND LEGAL EXPENSES: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.

 

  1. GOOD FAITH: Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.

 

  1. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.

 

By clicking "I Agree" or checking the checkbox (“I have read and agree to terms and conditions of this page as follows”), you acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained within this Agreement and Attachment.


 

ATTACHMENT A

PROGRAMS: Under the terms of this agreement, the Coach agrees to provide executive and health coaching services to the Client in the form of one 90-minute kick-off session (video call) in exchange for a Program Fee. In addition, the Client will receive WhatsApp/Text support for 14 days following the kick-off session. The client will also receive a health protocol document that provides personalized recommendations around nutrition, supplementation, exercise, lifestyle and mind-body techniques based on functional blood work analysis and other assessment data from surveys and the kick off session. Program Fees will be determined according to paragraph “PROGRAM FEES” below. The Client’s access to such Programs is made conditional on payment of such Program Fee.

 

TERM: The Term of this Agreement will commence upon the Client’s acceptance of this AGREEMENT and payment of the applicable Program Fee. The Client agrees and understands that upon commencement of the Term of this Agreement, the Client will become enrolled in the BRONZE Level health coaching program.

 

PROGRAM FEES: By accepting the terms of this Agreement, the Client agrees and understands that the Client is committing to pay the Coach

 

A one-time lump sum of $750,00

 

for 14 days of access to and use of the Coach's BRONZE level program.

 

COMMITMENT TO THE PROGRAM: By accepting the terms of this Agreement, the Client commits and agrees to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of the Client’s ability. The Client further agrees to attend ALL scheduled coaching sessions included as part of the Program. The Client also acknowledges that creating results requires tremendous effort and the Client is prepared and committed to faithfully make that effort.

PROMOTIONAL MATERIAL: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by the Coach, the Client affirmatively agrees and acknowledges that the Coach may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, the Client’s experience participating in such Program(s), including any specific results experienced by the Client over the course of such participation. The Client agrees and acknowledges that this includes any written statements the Client may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). The Client further represents that any such statements or testimonials that the Client makes shall be correct, accurate, and truthful.