Why You’re Reading this Document
The following Service Agreement (the “Agreement”) will clearly communicate my expectations in working together. Please raise any questions you have before signing to make sure we are on the same page moving forward. Let’s do this!
In exchange for agreeing to work together with Marlee Liss, you agree to be bound by the following conditions.
- Parties. This Agreement is made between Marlee Liss, a sole proprietorship based in the Province of Ontario (“Marlee Liss”, “I”, “me”, and “my”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
- My Commitment to You. I promise to provide you with the following services: coaching, as outlined in Schedule “A” Services (the “Services”). Here is what you can expect from me:
- I provide coaching programs that combine virtual mentorship with training modules.
- What I Expect of You. Just as you are investing in me, I am also investing time and energy in you. For you to gain the most from the our practice together and the Services, here is what I expect of you:
- Time Integrity. Let’s honor our time. Time integrity and keeping your word is important. Please arrive on time, honor the length of the Services and the cancellation policy detailed in section 6 below.
- Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services.
- Commitment. I expect you to be committed to the Services and your practice and that you will do things to help you improve your own wellbeing. I expect that you will invest in the program wholeheartedly by showing up and dedicating time and energy to the program.
- Communication. I expect you to be upfront and honest about your wellbeing, your emotional process, medical issues, and history of trauma or mental health. I can’t help if I don’t know what you are experiencing!
- Environment. For group programs, I expect you will contribute to an inclusive and non-judgemental environment.
- Confidentiality. I expect you to respect the confidentiality of others and to be open minded when it comes to these teachings.
- Boundaries. I expect you to be responsible for honouring your own boundaries and discerning about what is within your comfort zone as opposed to what surpasses your limits.
- Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Marlee Liss (the “Term”).
- The Agreement may be terminated by either party at any time by providing 60 days advance written notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A'' Services.
- Marlee Liss reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined in section 3 above and you will not be entitled to any refunds or any continued working relationship with Marlee Liss.
- Payment. Payment details and cost for the Services are outlined in Schedule “A” Services. In the event that your payment method does not go through, you will have four business days to remedy the situation.
- Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how I’ve drafted my cancellation and refund policy:
- Refunds. All sales are final. Sales are non-transferable and non-refundable.
- Cancellation / Reschedule Policy. Please give 48 hours’ notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement. Please note that group coaching calls can not be rescheduled to accommodate individual schedules.
- Confidentiality. I operate and grow in a safe space. I want you to know that the details of your situations and processes shared throughout the Services are strictly confidential. You, on the other hand, are free to share all relevant information you choose to disclose. I may choose to share anonymous information about you for professional or promotional purposes, but confidential or personal information will only be used to complete the Services, except for in the following scenarios:
- To provide any necessary or relevant information to a medical or healthcare professional or entity
- As required by law or court order
- When there is a risk of imminent danger to yourself or others
- Where there is a reasonable suspicion that a child or any vulnerable person is in need of protection.
- No Guarantees. Marlee Liss cannot guarantee the success of the Services. I promise to provide you with the opportunity and support to see you grow, but the success of the Services ultimately depends on you. As such, no guarantees can be made for any particular outcome from my Services.
- Ownership of Materials. All the content that I have provided to you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used.
- Waiver. Before the Services can begin, you must sign my Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that I can be absolutely sure you understand and agree to it.
- Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, email will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. I agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,” the effect of which will be the same as if I signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.
Made it. Excited to do great things!
Why You’re Reading This Document
The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing Coaching Self-help together, either in person or online, and have you release Marlee Liss of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any classes.
If you are under the Age of Majority in the Province of Ontario (18 years old), your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
- Parties. We will refer to Province of Ontario, a sole proprietorship based in the Province of Ontario, as “Marlee Liss”, “us”, “we”, or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
- The Activities. You may participate, in person or online, in Coaching Self-help and exercise classes, sessions, events, workshops and more with Marlee Liss. We offer levels of loving and inclusive self-help coaching classes, all of which may involve but are not limited to the following (“Activities”):
- The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Marlee Liss’s facilities, including outdoors. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities.
- Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious or more serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.
- Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and hearing loss.
- Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
- Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
- Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform. You may also be triggered by working with trauma, past harm due to emotional and therapeutic processing.
- Other risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.
- Affirmation of Health. By participating in any Activities with Marlee Liss, you affirm that you have sought medical advice regarding your wellbeing or are certain of your ability to practice coaching. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
- COVID-19 & Infectious Disease. If at any point within 14 days prior to participating in any of the Activities, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the Activities and you should consult with your doctor. You agree to comply with all measures and policies implemented by Marlee Liss and applicable public health guidelines as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving to class.
- Consent to Cooperate with Contact Tracing. You understand and agree that Marlee Liss may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes.
- Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Marlee Liss. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the Activities with Marlee Liss illustrates your voluntary engagement and assumption of the risks of the Activities.
- Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Province of Ontario, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Marlee Liss’s negligence, during your participation in the Activities with Marlee Liss. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
- Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities, classes, session, events, workshops, and more, whether in person, online, or via video conferencing tool.
- Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring or leave with Marlee Liss.
- Media Release. You agree to have your image used by Marlee Liss if you select that preference in the intake form.
- General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.