FREEDIVING FAMILY ONE ON ONE COACHING SERVICE - TERMS OF SERVICE

About the Subscription

Clients will be charged the total amount when they purchase the subscription, then the same amount per month forever, or until canceled. Freediving Family will send a subscription renewal reminder email to clients 7 days prior to their subscription renewal date.

  1. TERMS

    By accessing this service, you (hereafter referred to as ‘the Client’) are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this service are protected by applicable copyright and trademark law.

  2. DESCRIPTION OF COACHING

    1. Coaching is a partnership between Freediivng Family and the Client in a mutual effort to improve the Clients freediving through breath training coaching. It is designed to facilitate these improvements through the use of a unique training program designed by the Coach based on information and feedback provided by the Client.

  3. EXPECTATIONS OF FREEDIVING FAMILY

    1. Freediving Family is responsible for the design of the training program the Client will use to achieve the goal stated in the “Description Of Coaching.”

    2. Freediving Family is responsible for providing all of the items listed in the “Services” section of this Terms of Use agreement.

  4. EXPECTATIONS OF THE CLIENT

    1. The Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with Freediving Family. The Client understands that, while Freediving Family will do their best to assist with adherence to the designed training program, it is ultimately up to the Client to take initiative and perform the exercises. As such, the Client agrees that Freediving Family is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Freediving Family.

    2. The Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.

    3. The Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, health, and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

    4. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

  5. SERVICES

    1. Definitions

      1. For consistency, these Terms of Use define “one month” as 28 days.

    2. Freediving Family and the Client agree to engage in a Coaching Program (as determined by the total number of months purchased through the Freediving Family website) through Zoom calls. The Coach will be available to the Client by e-mail and voicemail in between scheduled meetings as defined by Freediving Family.

    3. Freediving Family is responsible for providing the option to attend:

      1. A one-time 30-minute discovery call at the beginning of the coaching relationship.

      2. Four 15-minute check-in calls per month to discuss the previous weeks progress and make changes to the next week's program for the Client. This call will take place once per week.

      3. A once-per-week live group training call totaling about an hour of time.

    4. Additionally, Freediving Family is responsible for providing:

      1. Three to four audio recordings of training sessions for the Client to follow, depending on the Client's schedule and ability, determined jointly during the 30-minute discovery call and reevaluated weekly. These recordings will be available to the Client for use for the duration of this coaching agreement.

      2. One recorded meditation session for use for the duration of this coaching agreement.

      3. One recorded visualization session for use for the duration of this coaching agreement. This visualization session can be changed once per month depending on the discipline the Client is focusing on.

      4. Access to the use of an electronic journal for progress tracking purposes. This information will never be shared beyond Freediving Family and the Client, except in the case of concern for mental health, at which point the appropriate professionals will be contacted.

      5. Access to uninterrupted Zoom calls through the use of a professional subscription.

  6. SCHEDULE

    1. The one-month time frame begins upon completion of the discovery call.

    2. The Client is entitled to one 15 minute check in call every 7 days. These calls are scheduled via Freediving Family’s scheduling software and is subject to their availability.

  7. BOOKING PROCEDURE

    1. The time of the coaching meetings and/or location will be determined by Freediving Family and Client based on a mutually agreed upon time. The Client will initiate all scheduled Zoom calls by scheduling them using Freediving Family’s scheduling software. Freediving Family will begin the Zoom call at the link provided to the Clients email.

  8. CONFIDENTIALITY

    1. The Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. Freediving Family agrees not to disclose any information pertaining to the Client without the Client’s written consent. Freediving Family will not disclose the Client’s name as a reference without the Client’s consent.

    2. Confidential Information does not include information that: (a) was in Freediving Family’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by Freediving Family from a third party, without breach of any obligation to the Client; (d) is independently developed by Freediving Family without the use of or reference to the Client’s confidential information; or (e) Freediving Family is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Freediving Family and as a result of such disclosure Freediving Family reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Freediving Family in a timely manner.

  9. CANCELLATION POLICY

    1. The Client agrees that it is the Client's responsibility to notify Freediving Family 48 hours in advance of the scheduled calls/meetings that will not be attended. Freediving Family reserves the right to not honor the call if the Client does not reschedule within 7 days of the originally scheduled call. Freediving Family will attempt in good faith to reschedule the missed meeting.

    2. Freediving Family agrees that it is the Freediving Family’s responsibility to notify the Client 48 hours in advance of the scheduled calls/meetings that will not be attended. Freediving Family will allow the Client to rebook said missed call, including the option to extend coaching for one additional week in order to ensure the Client receives their total number of coaching calls.

  10. TERMINATION

    1. Either the Client or Freediving Family may terminate this Agreement at any time with 3 weeks' written notice. 

  11. REFUNDS

    1. Freediving Family agrees to refund the Client for each full unused month of coaching remaining in the coaching package purchased from the Freediving Family website minus a $50 AUD maintenance fee.

    2. The monthly coaching plan payment is non-refundable.

  12. LIMITED LIABILITY

    1. Except as expressly provided in this Agreement, Freediving Family 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. In no event shall Freediving Family be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, Freediving Family’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to Freediving Family under this Agreement for all coaching services rendered through and including the termination date.

  13. ENTIRE AGREEMENT

    1. This document reflects the entire agreement between Freediving Family and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both Freediving Family and the Client.

  14. WAIVER

    1. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.