Terms & Conditions for The Shift

These Terms & Conditions govern the coaching relationship between Maureen Magauran (“Coach”) and the individual (“Client”) who books and participates in The Shift coaching program.

By scheduling a session and checking the box on the payment form, the Client agrees to the following Terms & Conditions, including the client-coach relationship guidelines, payment terms, cancellation policy, disclaimers, and limitations of liability described below.

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Coach and Client agree as follows:

Client-Coach Relationship
An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:
Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Client specifically agrees to be open to coaching.
Coaching services are intended for individuals who are in generally good health, are generally well adjusted, are functioning effectively, and are not in need of medical treatment (including for mental health disorders). Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. Although Maureen Magauran is a licensed medical doctor, the services, coaching, and information provided through this agreement are not medical advice and do not create a doctor-patient relationship. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary.

By participating in the coaching, you agree to accept personal responsibility for the results of your actions. You agree that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.

Services
The Client will receive two (2) private 75-minute coaching sessions, conducted via Zoom.

These sessions must be scheduled and completed within thirty (30) days of purchase, unless an alternative arrangement is mutually agreed upon in writing by both Coach and Client. If sessions are not completed within this timeframe and no alternative has been arranged, the remaining sessions will be considered forfeited, with no refund provided.
In addition to the sessions, the Client will receive Voxer access for a total of two (2) weeks—one week following each session. During these periods, the Coach will check in and respond to messages at least once per business day, Monday through Thursday, between the hours of 9:00 AM and 5:00 PM Eastern Time.

Fees
In consideration of the provision of the Services by the Coach, Client shall pay
a single payment of $1200, which is due and payable upon receipt of billing invoice. Payment to Coach of such fees shall constitute payment in full for the performance of the Services. The coaching sessions will begin after the payment is made.

Payment Remittance
Client acknowledges and agrees to pay the full cost of the Program.

Missed / Failed Payments

In the case of a payment plan and in the event, a payment is not received by the due date, Company shall grant a 3-day grace period to make the payment, otherwise the Program or Service will not continue. Furthermore, you agree that a late payment of $5 shall be added to the payment for each day that the payment is not received. We reserve the right to cease access immediately and permanently.


No Refunds

All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances, including but not limited to changing your mind about the Program, not experiencing the results you expected or desired, not electing to participate in the Program, failing to follow the details of the Program, being unable to attend the 1:1 Zoom call, electing not to utilize Voxer or electing not to submit information shall not entitle you to a refund. Should you terminate the Agreement pursuant to the terms set forth in the Termination section below, all unused calls shall be forfeit and non-refundable.

Procedure and Scheduling
Coach and Client will agree to a mutually agreeable time for the coaching meeting, and it will be the Client’s ultimate responsibility to schedule the coaching meeting. Coach shall initiate the coaching call at the agreed upon time by Zoom.

Cancellation Policy
You may not cancel an individual coaching session unless you do so at least 48 hours before it is scheduled to begin. Coach reserves the right to treat any meeting that Client misses or attempts to cancel less than 48 hours before it is scheduled to begin as part of the allotted coaching sessions.

Confidentiality
The Coach shall treat the relationship with Client, as well as all information shared by the Client, as confidential. Coach shall not disclose the existence of the relationship or any information shared during the coaching sessions without the Client’s consent. This means that the Coach will not disclose the Client’s name as a reference without the Client’s consent.

Client should be aware that a coach-client relationship does not give rise to privilege or any other legally protected confidentiality. That means that Coach could be ordered by a court to disclose information related to the relationship. Coach will notify Client of any legal request that would implicate Client’s information prior to disclosing it but may not be able to oppose disclosing the information.
Confidential Information does not include information: (a) known to Coach prior to Client disclosing it; (b) that is generally known to the public or in the industry; (c) obtained by Coach from a third party, without breach of any obligation to the Client; or (d) that is or was developed independently by Coach without use of or reference to the Client’s confidential information.
Use of Public Comments And Praise

To preserve the Client’s confidences, the Coach will not publicly post anything about Client’s sessions or coaching experience on social media or otherwise without the Client’s permission.

To the extent Client chooses to make any public disclosures about the coaching experience, whether through social media or other media, the Coach may reshare that information. This will include the right to reshare the Client’s comments, praise, or other disclosure on social media and other online platforms. In other words, if you choose to say anything about the coaching experience publicly, the Coach has the right to use those public comments to market and promote the Coach’s business.

This will include any necessary licenses to the copyright in your post and the right to use your name, image, or likeness (to the extent they are attached to your post) to promote the Coach’s business.

Limitation of Liability
IN NO EVENT SHALL COACH BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Entire Agreement
This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Amendments
No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Dispute Resolution
Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through arbitration to be held in Newbury, Massachusetts under the rules of the American Arbitration Association. Prior to seeking arbitration, you must send an email to us at info@maureenmagauran.com and include all of your reasons for dissatisfaction with your program or agreement. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you.
In the event of a dispute between us, you agree to not engage in any conduct or communications,
public or private, including on social media, designed to disparage us, our Coach, or any of our
Products, Programs or Services. Where requested by law or arbitration, of course, you are not
prohibited from sharing your thoughts and opinions as a part of the legal process.

By purchasing our Products, Programs, Services and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.
Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. This Agreement shall be governed by and construed in accordance with the laws of Massachusetts, without effect of any conflicts of law provisions.
Counterparts
This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
Agreement Acknowledgment:
By making payment and checking the box provided, you agree to these Terms & Conditions and acknowledge that they govern your participation in The Shift.

Yes, please keep me in the loop with occasional emails- supportive insights, next steps, and special offers to help me deepen this work. (Unsubscribe anytime.)