I (“Client”), and BREAKTHROUGH PERSONAL AND PROFESSIONAL DEVELOPMENT INC. (“Provider” or “BREAKTHROUGH”), enter into this Contract (this “Business Contract” or “Coaching Contract” or this “Agreement”) for the performance of services as set forth in the statement of work (“Statement of Work”) and made part of this Agreement, on the following terms and conditions:

Scope of Work

You, the Client, have engaged BREAKTHROUGH PERSONAL AND PROFESSIONAL DEVELOPMENT INC. to provide you with online coaching or workshop/s (“Service/s”, “Program/s”, “Session/s”, “Coaching” and  “Package/s”). The purpose of this letter is to summarize and confirm the terms of you, the Client’s engagement of BREAKTHROUGH.
BREAKTHROUGH will exercise its best efforts to complete the Services in a professional and diligent manner, on the schedule and at the price stated in each Statement of Work. For BREAKTHROUGH to work towards your desired outcome, it will be necessary for you, the Client, to abide by the terms described in this letter.

Payment

Payments are non-refundable.

Communication

BREAKTHROUGH’s way of communicating will be electronic mail. 

The Client’s information will be predominantly stored in electronic format, and correspondence will be sent in electronic format. The Client agrees you have provided an e-mail address that you can rely on for private, confidential communications. BREAKTHROUGH will use e-mail to communicate with you. Any and all e-mails received will be kept confidential and private.

Termination of Services

You, the Client, have the right to terminate Services upon written notice to BREAKTHROUGH. Subject to BREAKTHROUGH’s obligations to the Client to maintain proper standards of professional conduct, BREAKTHROUGH reserves the right to terminate Services to the Client for good reasons, which include but are not limited to:

1. If the Client fails to cooperate with BREAKTHROUGH in any reasonable request;

2. If our continuing to act would be unethical or impractical;

3. If invoice/s have not been paid.

Cancellation Policy

Due to the nature of online services, purchases are final. The Client may choose to cancel their participation in services without reimbersement.

Confidentiality

I, the Client, understand that subject to legal requirements to disclose information, all communications with BREAKTHROUGH will be kept confidential.  The Client acknowledges and agrees that BREAKTHROUGH may disclose information regarding your file to associates and staff as may be reasonably necessary, and the Client understands that you will be bound by the same duty of confidentiality as set forth by the Law Society of Ontario.

Privacy Policy

I, the Client, understand that BREAKTHROUGH will protect my information as confidential unless I state otherwise in writing. Although every effort will be made to maintain my privacy under Provincial and/or Federal law, BREAKTHROUGH is obligated to report abuse, neglect, or threats of harm to myself or someone else. Furthermore, if BREAKTHROUGH is ordered by a court to provide information or to testify, they will do so to the extent that the law requires. 

I, the Client, understand the use of technology is not always secure, and I accept the risks of confidentiality in the use of email, text, phone, Skype, Zoom, or other apps and other technology. I understand the staff of BREAKTHROUGH, and other people, for example, owners of the properties where Coaching and Programs occur, or participants, etc. may enter or exit the vicinity at any time.

Proprietary Information

All workbooks, exercises and information conveyed throughout the Program is proprietary and owned by BREAKTHROUGH. I, the Client, understand I cannot share it verbally, written, copied, by photograph, over the internet or social media or in any other form without express written consent. No cell phones, smart phones, photography or video or recording devices may be used by me, the Client, during Programs and related meetings, whether in person, virtually, or any other fashion, without express permission from BREAKTHROUGH. 

Recommendations

If currently in therapy or otherwise under the care of a physician or mental health professional, Clients are recommended to consult with their physician or mental health care provider regarding the advisability of working with a coach and to make this person aware of your decision to proceed with the Coaching relationship. I, the Client confirm I have my physician or mental health care provider’s permission to participate in Coaching and Programs with BREAKTHROUGH.

Agreement

I, the Client, have read the Agreement and the terms stated for the engagement of BREAKTHROUGH on my behalf. These terms and the fee amount/s suggested are satisfactory to me. Like any binding contract, I have had the right to seek independent legal counsel before signing this document. If you, the Client, want BREAKTHROUGH to proceed on the basis described in this Agreement, please sign the enclosed copy of this letter in the space provided and return it to BREAKTHROUGH.  If you, the Client, decide you do not want BREAKTHROUGH to proceed on your behalf in this manner, please inform BREAKTHROUGH promptly.

1. I, the Client, understand that Coaching is a professional-client relationship designed to facilitate the development of personal, professional or business goals and to develop and carry out a strategy or plan for achieving those goals and may include Coaching, consulting, Equine Assisted Coaching, workshops, speaking engagements, retreats, online learning and other products or Programs.

2. I, the Client, understand this Agreement relates to BREAKTHROUGH, their staff, directors, officers, employees, agents, representatives, and volunteers.

3. I, the Client, understand that Coaching does not involve the diagnosis or treatment of disorders as defined by the American Psychiatric Association. I understand that the services I will be receiving from BREAKTHROUGH are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that BREAKTHROUGH is not acting as a mental health counsellor or a medical professional. 

4. I, the Client, understand and agree that I am fully responsible for my physical, mental and emotional well-being, including my choices and decisions, for example, participating and engaging in Coaching and Programs, and my actions toward myself, other people, animals and property, etc. I am aware that I can choose to discontinue the Services at any time. 

5. BREAKTHROUGH makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to any Programs, products, or services rendered. In no event shall BREAKTHROUGH or its staff be liable to me for any indirect, consequential or special damages. Notwithstanding any damages that I, the Client, may incur, BREAKTHROUGH’s entire liability under this Agreement, and my exclusive remedy, shall be limited to the amount actually paid by me to BREAKTHROUGH under this Agreement for all Services rendered and including the termination date.

6. I, the Client, understand and agree that BREAKTHROUGH is not responsible for circumstances beyond our control, for example, pandemics, acts of God, etc.

Informed Consent

By choosing to participate in programs provided by BREAKTHROUGH PERSONAL & PROFESSIONAL DEVELOPMENT INC., I, the Client, give informed consent and have read and understood the terms and conditions, Privacy Policy and other documentation provided in this Agreement. I hereby release, waive, acquit and forever discharge BREAKTHROUGH PERSONAL & PROFESSIONAL DEVELOPMENT INC. and its staff, any agents, successors, assigns, personal representatives, executors, heirs, contractors and employees from every claim, suit action, demand or right to compensation for damages claimed or may have arisen out of acts of commission or acts of omissions by BREAKTHROUGH and its staff. I further declare and represent that no promise, inducement or agreement has been made. BREAKTHROUGH and its staff reserve the right to refuse access to service.

Photo and Video Release

I, the Client, hereby grant BREAKTHROUGH PERSONAL & PROFESSIONAL DEVELOPMENT INC. permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. 

I, the Client, understand and agree that all photos and videos will become the property of BREAKTHROUGH and will not be returned. 

I, the Client, hereby irrevocably authorize BREAKTHROUGH to edit, alter, copy, exhibit, publish, or distribute these photos and videos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. 

I, the Client, hereby hold harmless, release, and forever discharge BREAKTHROUGH from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. 

I, THE CLIENT, HAVE READ AND UNDERSTAND THE ABOVE PHOTO AND VIDEO RELEASE. 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT 

In consideration of BREAKTHROUGH PERSONAL & PROFESSIONAL DEVELOPMENT INC. and their staff providing me, the Client, with Services, and permitting my use of their equipment, and other facilities with the use of their properties, locations, products and services, I hereby agree as follows: 

1. TO WAIVE ANY AND ALL CLAIMS that I, the Client, have or may in the future have against BREAKTHROUGH and their staff, directors, officers, employees, agents, representatives, and volunteers (all of whom are hereinafter collectively referred to as "THE RELEASEES") and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I  may suffer as a result of my use of the Services or due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE OWNED UNDER THE "OCCUPIERS LIABILITY ACT" ON THE PART OF THE RELEASEES; 

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of or personal injury to any third party resulting from my use of the Services; 

3. This Agreement shall be effective and binding upon my or my child(ren)'s heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity; 

4. This Agreement shall be governed by and interpreted in accordance with the laws of the province of Ontario; and

5. Any litigation involving the parties this Agreement shall be brought within the Province of Ontario.

I, THE CLIENT, HAVE READ, UNDERSTAND, AGREED AND APPROVED THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, FROM THIS DAY FORWARD, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, MY CHILD(REN), MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND/OR REPRESENTATIVES MAY HAVE AGAINST THE PROVIDER.  I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE.