Website Terms and Conditions of Use
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These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Jenny Blake Enterprises, LLC (hereinafter referred to as “Website Owner”), the owner and developer of www.itsfreetime.com and www.pivotmethod.com. By registering for any service provided on www.itsfreetime.com or www.pivotmethod.com (the “Site”), you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY PIVOT OR FREE TIME SERVICE. The Terms are subject to change at any time, effective upon notice to you.
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS (WHICH MAY BE CHANGED, WITH OR WITHOUT NOTICE TO YOU) OF. THE MOST CURRENT VERSION, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED HERE. JENNY BLAKE ENTERPRISES LLC RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Limitations of Liability and Indemnification. By using any services provided by the Site, you agree that in no event will the Site, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by the Site or Website Owner shall be a return of any fees paid to the Site or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless the Site, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Site, including any breach by you of the Terms contained in this Agreement.
2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on the Site. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by the Site.
3. Do Not Rely on the Site. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Site or Website Owner. The Site and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
4. Ownership, Copyrights, Trademarks, Licenses. The Site and Website Owner own and retain all proprietary rights to the Site service, its trademarks and copyrights. You acknowledge and agree that the website and any software or programs used with respect to any of the Site’s services contain proprietary and confidential information that is the property of Website Owner and is protected by applicable intellectual property and other laws. No rights or title of to any of the proprietary and confidential information on the Site or any software used in connection with any of its services is provided, transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Site’s services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing in the Site are the property of the Website Owner. The Site retains all rights with respect to any intellectual property appearing on the website, and no rights in such materials are transferred or assigned to you. Website Owner is the owner of the following trademarks used on this Site: (a) Free Time Framework, (b) Building Business Blissfully, (c) Delightfully Tiny Team, (d) Free time, (e) Heart-Based Business, (f) Brilliance Barter, (g) Pivot to Profit, and (h) The Pivot Method.
5. No Warranties. The Site and Website Owner provide the Site services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, the Site and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
6. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of New York, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the federal and state courts of New York, and you hereby consent to the jurisdiction of any such court. The prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs incurred in litigating or otherwise settling or resolving such action. CLIENT FURTHER AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
7. Severability. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
8. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on the Site will be truthful.
9. Entire Agreement. This Agreement constitutes your entire Agreement with the Site and Website Owner with respect to any services.
10. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
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Pivot Coaching Terms and Conditions
Logistics
Payment
When you sign-up for ongoing coaching, you will be billed every month but you can cancel at any time. This helps keep you and your coach motivated to make the most out of every month! You will check in at regular intervals to set new strategic goals and ensure that you're making the accelerated progress you desire.
There is no minimum commitment of three or six months (as many coaches have), though we do recommend entering this relationship with a longer-term vision in mind. Some of our clients work through their goals in three to six months, others have been with us for years, adjusting their goals and setting new ones each time previous milestones are accomplished.
Due to the nature of our work, we are unable to offer refunds once coaching services have been rendered, including calls, emails, and other methods of support. If you’d like to end your coaching engagement, we ask that you let us know in advance and complete your remaining sessions for the month. If you cancel prior to the first of a month, you will not be charged for that upcoming month.
Schedule
You will pick a recurring day and time with your coach for sessions; that way you can set it and forget it (and move sessions on a one-off basis as needed.
We respect your time (and hopefully vice versa!) and will make sure our sessions start and end on time. If you need to cancel or move a call, please email at least 24 hours in advance. Less than 24 hour’ notice means you need to find a way to make it to the call or forfeit that session.
Rescheduling: Given that the retainer format is on a monthly billing cycle, our sessions cannot be rescheduled beyond the month they are slated for (but we can certainly email in lieu of the call if you are unable to make it). Stretching one “month” of consulting over five or six weeks is not an option.
Other notes and tidbits about our Pivot Coaching Style
Our sessions are 100% confidential. This is critically important to us so that you have a safe space to talk about whatever is on your mind. We will not tell people we are working together without your explicit permission, nor will we ever share the content of our conversations, though you should feel free to discuss or share whatever you feel comfortable with outside of coaching calls. We may sometimes refer to anecdotes and stories from past clients who have been through what you have and overcome it. Using stories in this way helps you better understand concepts and lets us demonstrate situations so you can learn what you need to know. Rest assured that key details are so far removed from reality that recognizing actual people and/or their issues would be impossible. Names remain confidential and are always protected for privacy.
You will set the agenda. We will start the sessions by asking what you hope to walk away with by the end of each one. It would be great for you to put some thought into this before we meet each time, and we will come with our own ideas and suggestions, too. Sessions will often take a natural evolution, so there will be no pressure to stick to that agenda. It's just nice to have a session-by-session vision of success and a place to start.
We may ask “stupid” questions or "blurt" something out if we get a gut instinct related to something you've said. However, we are 100% completely willing to be wrong. We will learn as much from your correction as from our question (if not far more).
10,000 foot view: We may interrupt you or ask you to "bottom line" if we are getting too far into story or details—the best way (by far) to maximize our time together is to focus on the big picture: where you are now, where you want to be, and what you are learning about yourself because of those details (without going too far into the story behind them).
We are very open to feedback. If something is not working for you or you wish we could go in a different direction, please let us know! This is all about you—help us make sure we make the most of our time together. We want to empower you in this relationship and make sure that you are getting everything you want from it.
Ask us anything! Seriously, no question is off limits. We are happy to share our own thoughts, experiences, and failures to the extent that it is helpful to you. That said, we always encourage and will give a bias to your thoughts and opinions first—it reinforces the idea (and truth!) that you are the expert on you and your life. Your gut instincts trump ours! Once we've explored your thoughts and reactions first, we are happy to chime in toward the end of the call. Sometimes clients also want to dedicate an entire call to a Q&A format about our career choices and/or businesses — that’s great too! Just let us know when we jump on the phone :)
A few more Legal Details . . .
If you still have questions, feel free to email your Pivot Coach or the team: hello@pivotmethod.com.
Coaching is not psychotherapy. While we believe that coaching can be transformative to your life, our coaching will not prevent, cure or treat any mental disorder or medical disease. Our coaches are highly skilled and qualified, but they are not trained in the diagnosis or treatment of mental disorders. Our coaching does not substitute for counseling, psychotherapy, mental health care, substance abuse treatment, or any other professional advice by qualified medical or legal professionals.
While we guarantee 100% confidentiality of your sessions on our part, the government and the courts do not recognize the coach-client relationship as one that is legally confidential. This means, our talks are confidential, but not privileged and protected. If our attorney informs us that pursuant to process of law, such as a subpoena, court order or other process, that we need to disclose information, we will do so and – if we are permitted by law – we will tell you first so you can help protect your information. In any instance, we will only disclose what is necessary for the limited purpose of complying with the legal process. You agree that we can do this without any liability to you.
We believe that you will see incredible results from working with us. However, there are no guarantees of any kind, express or implied, with respect to the coaching services rendered. In no event are we liable for any damages, direct or indirect, consequential, or special, that occur out of our coaching relationship except for our gross negligence or willful misconduct. If you do suffer any damages, our entire liability to you, and your exclusive remedy, will be a refund of the amounts actually paid by you for any coaching services you received in the most recent six-month period.
You agree that New York law will govern your coaching engagement. If we have a dispute or disagreement, we agree to first try to resolve it in good faith amongst ourselves for a period of fourteen (14) days after we receive notice of the issue. If we cannot resolve it during that time period, we agree that any dispute we have will be resolved by final and binding mediation in New York. The mediation shall be conducted by a mediator appointed by Love Law Firm, PLLC. Mediation may take place in New York, or electronically via remote technology (e.g., Zoom) at the sole discretion of the appointed mediator.
This is the entire agreement between us for your coaching services. If any term is found to be unenforceable or invalid, we agree that the rest of the terms shall not be affected or impaired in any way, and, if possible, the portion that is unenforceable or invalid will be modified to the least amount possible to make it enforceable, consistent with our intent.