BY USING THIS WEBSITE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
Our website address is: www.warrior-mindset.com is registered under MindsetEvolution LLC and is operated by Coach Julian van Höfen.
The Website Terms set forth on this Website govern your use of this Website. These terms and conditions apply in full and effect to your use of this website. By using this website, you agree to all of the terms and conditions set forth herein. You may not use this Website if you do not agree to any of these terms and conditions. Minors or persons under the age of 18 are not permitted to use this Website.
Except for the Content that you own, MindsetEvolution LLC and/or its licensors own, subject to these Terms, all intellectual property rights and materials contained on this Site.
You are granted a limited license only for purposes of viewing the material contained on this Website.
These Terms and Conditions govern the contractual agreement between the Coach and the Client, who agrees to be bound by these Terms and Conditions.
NOW, THEREFORE, in consideration of the mutual obligations and promises of the parties, Coach and Client agree as follows:
NATURE OF SERVICES.
The coaching services offered by MindsetEvolution LLC involve an ongoing relationship between the coach and the client (the "Coaching"). Although the Coaching may vary depending on the Client's needs and progress, the nature of the Coaching generally includes the following:
- Weekly, fortnightly and monthly meetings of 60 minutes duration, either in person at a mutually agreed location or by telephone;
- Prior to the meeting, the client emails a short preparation form to serve as a roadmap for the conversation;
- Other topics of conversation may include personal updates, progress summaries, and other areas the client would like to discuss;
- If an unforeseen appointment requires rescheduling, the Client must notify the Coach at least twenty-four (24) hours prior to the scheduled start of the session;
- Any missed session for which the Client fails to notify the Coach of the cancellation or rescheduled session at least twenty-four (24) hours prior to the scheduled start time will be considered forfeited.
- Any session where the Coach and Client are unable to meet due to a failure in the Client's equipment (e.g. Skype, telephone, WhatsApp, etc.) shall be deemed forfeited by the Client.
Each coaching session must be paid in full prior to the start of the session. If payment is not made by the client prior to the start of a scheduled coaching session, the session will be considered forfeited by the client and the fee owed to the coach will remain for the cancelled coaching session.
The purchased coaching sessions are NON-REFUNDABLE. If the client decides to cancel their sessions, there is NO MONEY BACK, however, if the client decides to discontinue the sessions, they may resume the remaining sessions within one year from the date of enrollment.
ACKNOWLEDGEMENTS AND AGREEMENTS.
The Client understands, acknowledges, and agrees to the following regarding the Coaching:
- Coaching is intended for mentally and physically healthy people. People with serious mental or physical problems should consult a doctor or psychiatrist.
- This type of coaching is not therapy - to reiterate the previous point, the client should seek the advice of a physician or psychiatrist if their condition requires it.
- The coach may refer the client to professionals when, in the coach's judgment, it is beneficial to the client's success and growth.
- Success is highly dependent on the client adhering to and following the program provided by the coach. Coaching services, as provided in this agreement, are only effective if the client is motivated and committed. The client benefits most from an honest relationship with the coach. Cooperation and open-mindedness are paramount to the client's success.
- The relationship between the coach and the client is a professional one that goes beyond that of a friendship, and the nature of the relationship should be maintained throughout the coaching process.
- Should a third party make payments to the Coach on behalf of the Principal, the Coach shall nevertheless act solely in the interest of the Principal. The party making such payments shall have no influence on the Coach's judgment in rendering its services and the Coach shall be under no obligation to anyone except the Principal.
- Should the client choose to change or discontinue any treatments, therapies or medications, the client should do so solely on the advice of the professional administering such treatments, therapies or medications. Coaching is not intended to be a substitute for such things.
REPRESENTATIONS AND WARRANTIES
The Coach represents and warrants the following with regard to the Coaching:
- The Coach is committed to offering the Coaching to the best of his/her knowledge and with the utmost integrity.
- The Coach shall offer the Coaching to the best of his/her ability, based on the information provided by the Client.
- The Coach shall abide by the associated Confidentiality Agreement.
- The Coach shall take any reasonable methods to ensure the protection of any audio, video, or written notes. Measures to protect such information may include physical locks or password protection on digital files.
This Non-Disclosure Agreement governs the contractual agreement between the Coach and the Client, who agrees to be bound by this Agreement.
WHEREAS, Coach provides Neuro-Linguistic Programming as a coaching service and Client has engaged Coach to provide such services. NOW, THEREFORE, in consideration of the mutual obligations and promises of the parties, Company and Coach agree as follows:
"Confidential Information" means information relating to Client or another party that has been disclosed to Coach by Client or another party in the course of the Coaching Services provided by Coach.
NON-DISCLOSURE OF CONFIDENTIAL INFORMATION.
Coach shall not use or disclose, directly or indirectly, any Confidential Information during the period in which Coach provides Coaching Services to Client and indefinitely thereafter.
The foregoing provisions shall not be deemed to prohibit any disclosure required by law or court order, provided that Coach has not intentionally taken action to trigger such required disclosure and, unless prohibited by applicable law or regulation, Client is given reasonable advance notice and opportunity to challenge or minimize such disclosure.
You are expressly prohibited from doing any of the following: Posting Website Materials in any other media; Selling, sublicensing and/or otherwise commercializing Website Materials; Publicly performing and/or displaying Website Materials; Using this Website in a manner that harms or may harm this Website; Using this Website in a manner that affects user access to this Website; Using this Website in a manner inconsistent with applicable laws and regulations or in a manner that could harm this Website or any person or entity; Conducting data mining, data harvesting, data extraction or other similar activities with respect to this Website; Using this Website to conduct advertising or marketing.
Certain areas of this Website are restricted from being access by you and MindsetEvolution LLC may limit access to specific areas of this Website at any time in its sole discretion. Any user IDs and passwords you have for this Website are confidential and you must also keep them confidential.
This website is provided "as is" and with all faults, and MindsetEvolution LLC makes no representations or warranties of any kind with respect to this website or the materials contained on this website. Also, nothing on this website should be construed as advice to you.
LIMITATION OF LIABILITY
In no event or meeting shall MindsetEvolution LLC or any of its officers, directors and employees be liable for anything arising out of or in any way connected with your use of www.warrior-mindset.com, whether such liability is in contract. MindsetEvolution LLC, including its officers, directors and employees, shall not be held liable for any indirect, consequential or special liability arising out of or in any way connected with your use of this website.
You hereby indemnify to the fullest extent MindsetEvolution LLC from and against any and all liability, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
The MindsetEvolution LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The MindsetEvolution LLC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between MindsetEvolution LLC and you in relation to your use of this Website and supersede all prior agreements and understandings.
“Participants” as used in this Agreement refers to persons engaged in the activities.
This Agreement applies to activities offered by MindsetEvolution LLC, at any locations, online and offline.
If I am an adult participant, I acknowledge and agree to the following additional terms:
MindsetEvolution LLC does not have medical staff or medical treatment for visitors. I hereby authorize MindsetEvolution LLC to provide emergency medical care for me. I have sufficient health insurance to cover all medical expenses incurred and agree to pay for such expenses in any event.
I agree that MindsetEvolution LLC may reproduce and use photographs, videos, and other images and sound recordings of me or the Minor without compensation for promotional or other purposes. I release MindsetEvolution LLC and other Released Parties from liability for any violation of my personal and/or property rights in connection with such reproduction or use.
I agree to make good faith efforts to arbitrate all disputes between me and any Released Party. If the matter cannot be resolved by arbitration, I agree that any dispute, controversy or claim between the parties shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association. I agree that any dispute between an Indemnified Party and a Participant or Parent shall be governed by the substantive laws (other than laws that might apply the laws of another jurisdiction) of the state in which the MindsetEvolution LLC activities are located from which activities, including remote surfing, the claim arose. Any mediation or arbitration shall take place only in this state and in the county in which the MindsetEvolution LLC entity is located or in the nearest county in which a court of competent jurisdiction is located.
This Agreement, consisting of this page and the preceding page (front), applies to my participation in all MindsetEvolution LLC activities listed above, for the current visit and all future visits, until I terminate it in writing or it expires under the provisions of state law.
I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it is effective and binding upon me or my family, heirs, executors, administrators and representatives. I agree that if any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
These terms and conditions have been updated in January 2023