The following describes the Coaching Agreement for the
"Heal Past Lives" business (based in New Jersey USA and the
parent company is "Fun Life"). This is hereafter
referred to as "THE COMPANY".
This is that agreement that governs both
the coaching services (hereafter referred to as "SERVICES")
provided by THE COMPANY (hereafter referred to as the "COACH")
to those who pay for them (hereafter referred to as "CLIENT").
The CLIENT desires to retain the COACH to provide SERVICES and
to compensate the COACH for its performance of these services.
REPRESENTATIONS AND WARRANTIES
Both Parties, the COACH and the CLIENT,
represent and warrant that each Party has full power, authority,
and right to execute, deliver and perform under the terms of this
Agreement. No other consents are necessary to enter or perform this
The COACH has certain expertise and skills that
has taken the COACH significant time, effort, and money to develop.
The COACH has certain Proprietary Information (defined below)
which the COACH can deliver as Coaching Services, which the CLIENT
is willing to pay the COACH to receive.
The majority of the COACH's SERVICES are
described in detail on the following links on the site. Other
coaching services may be provided as agreed between the COACH and
the CLIENT in addition to the SERVICES below:
Past Life Channeling
Past Life Karmic Threads
Higher Self Channeling
The prices for these services are posted
elsewhere on the site.
Proprietary Information includes but is not
limited to channeled intelligence, technical expertise, historical
knowledge, and counseling methodologies. This information
will necessarily be acquired and communicated by the COACH in the
course of providing Coaching Services to the CLIENT. The CLIENT
will receive the SERVICES of Coach, only if, in doing so, the
CLIENT agrees to protect its Proprietary Information.
The following disclaimers relate to the
COACH's delivery of Proprietary Information during the
rendering of SERVICES:
In consideration of the SERVICES to be rendered
by the COACH to the CLIENT, the COACH shall be paid according to the
schedule of costs/prices posted on the SITE. This compensation is
based on the service performed and not on an hourly rate. Such
compensation is expected BEFORE the SERVICES are performed. Online
payments by credit card or third party processer are preferred. For
more about payments, visit this link about
Thereafter all of the obligations of the COACH
to the CLIENT shall terminate.
Other than the compensation specified herein,
the COACH shall not be entitled to any direct or indirect compensation
for the SERVICES performed.
The COACH provides the SERVICES under this
Agreement strictly for educational and informational purposes only.
SERVICES provided by the COACH shall not be construed as professional
medical, healthcare, legal, financial, tax, or other advice that is
licensed by the state. The COACH encourages the CLIENT to always
seek a licensed professional for its particular needs and circumstances
prior to making any decisions, committments, etc.
The CLIENT understands that they are engaging
the COACH as an independent contractor, and not as an employee,
partner, agent, or joint venturer on the terms and conditions set
forth herein. The CLIENT is hereby contracting with the COACH for the
SERVICES described herein. Therefore, as an independent contractor,
the COACH reserves the right to determine the method, manner, and means
by which the Coaching SERVICES will be performed.
The COACH is not required to perform the
SERVICES during a fixed hourly or daily time. Instead, the COACH and
the CLIENT will agree upon the timing of the delivery of the Coaching
SERVICES. The COACH will not be required to devote their full time
to the performance of the SERVICES for the COACH required hereunder.
The CLIENT acknowledges that the COACH has other CLIENTS requiring
their attention. The order or sequence in which the Coaching SERVICES
is to be performed is under the control of the COACH./font>
The CLIENT will not be required to provide any
training or other assistance to the COACH to enable the COACH to perform
the SERVICES required herein.
The COACH agrees to provide and perform for the
CLIENT those SERVICES ordered by the CLIENT. The COACH shall devote its
best efforts to the performance of the SERVICES ordered. There is NO
guarantee that the CLIENT will achieve the same results by using those
techniques shared by the COACH that have worked for other CLIENTS.
The CLIENT hereby retains the COACH and the
COACH agrees to render to the Coaching SERVICES at an agreed upon day
and time. Once the COACH completes the SERVICES for the CLIENT, this
Agreement is then completed and the obligations hereunder shall end.
Each Coaching SERVICE is rendered in a single
session. Once the session is complete, the SERVICE is considered to be
fully rendered. Additional work would require a new order for a new
session which would require separate payment by the CLIENT.
The CLIENT understands that the Coaching SERVICES
will not be automatically renewed. Either PARTY’s right to terminate the
Coaching SERVICES, shall be with or without cause.
The CLIENT agrees that it is the CLIENT’s
responsibility to reschedule or cancel Coaching SERVICES in advance of
their scheduled appointment. At any time, either the CLIENT or the
COACH may terminate, without liability, the Coaching SERVICES for any
reason, with or without cause, by giving advance written notice to
the other party. The CLIENT agrees that no further services will be
provided by the COACH after THREE (3) cancelled appointments by
the CLIENT because cancellations are disruptive and costly.
The COACH offers a "satisfaction guarantee":
meaning that if the CLIENT is unsatisfied with the Coaching SERVICES,
the COACH will refund the the funds received back to the CLIENT. The
funds received are the PRICE/COST less fees collected by the COACH's
payment processor. The CLIENT agrees to notify the COACH within
THIRTY (30) DAYS after the delivery of Coaching SERVICES if they wish
to receive a REFUND. After that time, it is at the COACH's discretion
as to if a refund will be granted. The CLIENT agrees that no further
services will be provided by the COACH once a REFUND has been granted.
CLIENT DUE DILIGENCE:
The CLIENT is encouraged to perform its own due
diligence and research before engaging the COACH's SERVICES. The
CLIENT is solely responsible for their results because they are
contingent upon its individual personal circumstances, abilities,
experience and skills. The CLIENT acknowledges their continuing
obligation to raise any confidentiality questions or other concerns
with the COACH in a timely manner.
CLIENT ASSUMPTION OF RISK:
The CLIENT agrees that use of the COACH's
SERVICES is solely at CLIENTS’s risk. The CLIENT is solely responsible
for the accuracy of any information provided to and by the COACH, for
the outcome of CLIENT's actions/inactions, results, and for all other
uses in connection with the Coaching SERVICES. The CLIENT agrees to
assume full responsibility for progress and results from utilizing the
NO RESULTS GUARANTEE:
The COACH makes no representations, warranties,
or guarantees verbally or in writing of any kind. The CLIENT agrees
that its individual results may vary and that no promises of any kind
are made by the COACH. The CLIENT agrees to assume all of the risk of
loss for utilizing the COACH's SERVICES. The COACH does not promise or
guarantee that CLIENT will achieve their goals as a result of receiving
the COACH's SERVICES.
HOLD HARMLESS AGREEMENT:
The CLIENT agrees not to hold COACH or anyone
working with the COACH liable for any of the CLIENT's successes or
failures directly or indirectly related to the use of the COACH's
The CLIENT agrees that COACH shall have ready
access to CLIENT’s information as necessary to perform the COACH’s
The COACH's services will only be rendered
remotely (via telephone, Skype, Facebook Messenger, Zoom (client
room), and other similar online communication platforms. The COACH
will not provide in person services either at their address or at
the CLIENT's address or at another location.
The CLIENT is responsible for any expenses
incurred in delivering the SERVICES to the COACH. These include but
are not limited to telephone expenses. Part of keeping the costs of
our SERVICES reasonable is having the CLIENT bear any incidental costs.
The COACH and the CLIENT shall not disclose to
any non-party to the Agreement, any confidential information arising
from the performance of Coaching SERVICES. This constitutes as a
mutual non-disclosure agreement.
Confidential Information does not include
(a) was in the COACH’s possession prior to its being furnished by
(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.
Except for the "Confidentiality Exclusions"
(above) the COACH hereby acknowledges that during the performance of
Coaching SERVICES that the CLIENT's information will remain confidential.
The COACH agrees not to disclose or use, except as required in the
performance of SERVICES, any information disclosed by the CLIENT or
acquired by the COACH as a result of performing SERVICES.
The COACH and the CLIENT both shall take all
reasonable precautions to prevent any other person with whom they may
become associated from acquiring confidential information of each
other at any time. Both parties agree that all confidential
information shall be deemed to be and shall be treated as the sole
and exclusive property of each PARTY.
CONFIDENTIALITY INJUNCTIVE RELIEF:
The COACH and the CLIENT agree that the
disclosure of any Confidential Information (subject to the
"Confidentiality Exclusions" (above) by each other will give rise to
irreparable injury to the owner of such information, inadequately
compensable in damages. Accordingly, either PARTY may seek and obtain
injunctive relief against the breach or threatened breach of the
foregoing undertakings, in addition to any other legal remedies which
may be available.
NO TRANSFER OF INTELLECTUAL PROPERTY:
Nothing contained in this Agreement shall be
construed as granting to any PARTY a license, express or implied,
under any patent, copyright, trade secret, or other intellectual
property right now or hereafter owned, obtained, or licensable by a
PARTY to this Agreement. Any intellectual property made in the
performance of this Agreement shall be or remain the sole and exclusive
property of that PARTY who created it, regardless of whether it is
completed or reduced to practice thereafter.
NO TRANSFER OF INVENTIONS:
If during the performance of Coaching SERVICES
any inventions result (hereinafter referred to as "INVENTIONS"), the
CLIENT agrees that the INVENTION shall be the sole property of the
COACH and shall be owned by the COACH.
NO TRANSFER OF RIGHTS:
Nothing in this Agreement is intended to transfer
to the CLIENT any rights in the COACH’s services or work performed,
which shall remain the sole property of the COACH. The CLIENT is not
authorized to use COACH’s intellectual property for CLIENT’s business
purposes. No license to sell or distribute COACH’s materials is granted
or implied to the CLIENT.
The COACH represents and warrants that the COACH
has all the necessary qualifications required to perform the SERVICES
under this Agreement and that the COACH will perform the SERVICES per
the Client’s guidelines and specifications with an adequate standard
of care. The COACH agrees not to engage in sexual harassment,
discrimination, and other unfair business practices.
The COACH and the CLIENT agree that they will
not assign, sell, transfer, delegate or otherwise dispose of, whether
voluntarily or involuntarily, or by operation of law, any rights or
obligations under this Agreement, nor shall the COACH’s rights be
subject to encumbrance or the claims of creditors. Any purported
assignment, transfer, or delegation shall be null and void.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon and shall
inure to the benefit of the COACH and the CLIENT only. Their
respective heirs, legal representatives, successors, and permitted
assigns, and shall not benefit from this Agreement.
The COACH and the CLIENT agree that this
Coaching Agreement shall be construed under and governed by (both as
to validity and performance) and enforced in accordance with the laws
of the State of New Jersey (United States of America) applicable to
this agreement and to be performed wholly within such jurisdiction,
without regard to the principles of conflicts of law or where the
CLIENT is located at the time a dispute arises.
Any disputes that arise between the COACH and
the CLIENT with respect to the performance of this Agreement shall be
submitted to binding arbitration governed by the laws of the State of
New Jersey (United States of America) to be determined and resolved by
said jurisdiction under its rules and procedures in effect at the time
of submission and the parties hereby agree to share equally in the
costs of said arbitration.
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.
LIMITATION OF LIABILITY:
In no event shall the COACH and/or its officers,
employees, successors, shareholders, joint venture partners or anyone
else working with the COACH shall be liable to the CLIENT for any
indirect, consequential or special damages, either in contract or tort,
whether or not the possibility of such damages has been disclosed to
COACH in advance or could have been reasonably foreseen by COACH.
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 and including the termination date.
Should either PARTY hereto, or any heir,
personal representative, successor or assign of either PARTY hereto,
resort to litigation to enforce this Agreement, the PARTY prevailing
in such litigation shall be entitled, in addition to such other relief
as may be granted, to recover its or their reasonable attorneys' fees
and costs in such litigation from the PARTIES against whom enforcement
Neither the COACH or the CLIENT will be deemed
in default of its obligations to the extent that the performance of
any such obligation is prevented or delayed by war, insurrection,
fire, flood, riot, acts of terrorism, strikes, acts of God,
telecommunications failures or errors, systematic internet failure,
including but not limited to interruptions by service providers, or
any similar event or circumstance not caused, in whole or part, by
either PARTY, and which is beyond the reasonable control of either
Neither PARTY will be deemed to have waived any
of its rights, power or remedies hereunder except in writing signed by
the PARTIES. Waiver by either Party of a breach or violation of any
provision of this Agreement shall not constitute a waiver of any
subsequent or other breach or violation.
The provisions of this Agreement are severable,
and the invalidity of any provision shall not affect the validity of
any other provision. Any invalid or unenforceable provision shall not
be deleted but shall be reformed and construed in a manner to enable
it to be enforced to the extent compatible with applicable law.
Any notice or communication given or made by
either PARTY under this Agreement shall be in writing either by
personal delivery, mail, registered or certified, or by email to the
COACH at the addresses listed on this site and to the address supplied
by the CLIENT in their payment information. Mailed notices shall be
addressed to the PARTIES at the addresses listed above. Both PARTIES
agree to keep each other informed about their current business and
mailing addresses as well as email address and phone numbers.
In consideration of the foregoing and of the mutual promises set forth herein, and intending to be legally
bound, the parties hereto agree to the provisions of this COACHING
AGREEMENT which is complete and without any attachments.
This Agreement constitutes the entire agreement
between the parties hereto with regard to the subject matter hereof,
superseding all prior understandings and agreements between such
parties, whether written or oral, with respect to such subject matter.
This Agreement may not be amended or revised except by a writing signed
by the parties: the COACH and the CLIENT.
As with any of THE COMPANY'S Website Policy pages, the contents of this page
can and will change over time. This page could read differently as of your
very next visit. These changes are made by THE COMPANY in order to protect
both the USER and the COMPANY.
If this page is important to you, you should check back
frequently as no other notice of changed content will be provided either before or
after the change takes effect.
The legal notices and administrative pages on this website have been reviewed
by an attorney. We at THE COMPANY have paid to license the use of these
legal notices and administrative pages on this website for your protection
and ours. This material may not be used in any way for any reason and
unauthorized use is policed to detect violators.
If you have any questions about the contents of this page, or simply wish
to reach THE COMPANY for any other reason, you may do so by using our
Contact information. To contact "Heal Past Lives", here is how:
1999-2022, Ellen A Mogensen, Heal Past Lives,
532 Old Marlton Pike, Fun Life #248, Marlton, NJ 08053 USA
Phone: (856) 988-9716 (Email FIRST)
All rights reserved.