Mindset Legends Mentorship Program Agreement

1. Introduction

This Mindset Legends Mentorship Program Agreement defines the contractual provider-client relationship regarding the Mentorship Program provided by Mindset Legends, LLC.

Hereinafter, Mindset Legends, LLC will be referred to as “Mindset Legends.” The person receiving Mentorship Program services will hereinafter be referred to as the “Client.” Mindset Legends and Client, collectively, will hereinafter be referred to as the “Parties” (or “Party” in the singular). This contractual agreement will hereinafter be referred to as the “Agreement.” All other names and terms used herein should be interpreted as their obvious or otherwise reasonable interpretation.

This Agreement is entered into (or continued) by and between Mindset Legends and the Client, at the date and time that discussion of any potential Mentorship Program services is initiated, at the date and time that the Client submits the Mindset Legends Mentorship Intake Questionnaire, or at the date and time that any payment is made for any Mentorship Program services invoiced by Mindset Legends, by or on behalf of Client—whichever comes first.

2. Nature and Scope of Services

The services provided in the Mindset Legends Mentorship Program are of type “life coaching” consultation services, consisting of the mental, emotional, and moral support of Client by Mindset Legends, and recommendations regarding general life problems and situations, of a wide variety, given by Mindset Legends in response to Client or by the generosity of Mindset Legends. No recommendation or “advice” communicated from Mindset Legends to Client, no matter the tone or phrasing in which it is communicated, is to be construed with licensed or legal medical advice, financial advice, legal advice, or other advice provided under any legal licensure.

The scope of Mindset Legend’s responsibility and liability extends no further than the recommendation of various perspectives and life choices, and all that is defined in the “Responsibilities of Mindset Legends” section, below. The beliefs ultimately held and the choices ultimately made by Client are Client’s own responsibility, and the consequences of those choices are Client’s sole liability.

3. Responsibilities of Mindset Legends

3.1. Mentorship Sessions: Quantity and Duration

Mindset Legends will be held accountable to provide Mentorship sessions of the quantity and duration that has been agreed to in writing, through this Agreement, invoices, emails, text messages, social media messages, or other written communication.

Mentorship sessions will usually be held over video call, but they may be held over the phone, in person, or in any other format, if agreed to by both parties. The nature of the sessions will be structured, guided by Mindset Legends, with opportunities for the Client to answer questions, share their story, and/or ask questions to Mindset Legends.

3.2. Mentorship Goal

The goal of each Mentorship session will be to efficiently assess or reassess the life situation of the Client, either in a general sense or regarding a targeted life area, and then attempt to develop an actionable plan of steps to be taken (or continued) by the Client, or an appropriate perspective for the Client to adopt. Mindset Legends will be held accountable to make a good faith attempt to provide Mentorship sessions that achieve this goal to the best interests and wellbeing of the Client.

However, this good faith attempt should not be construed as a guarantee that any specific goal will be achieved, or result attained, due to attempting to take the actions or recommendations given by Mindset Legends, nor shall it imply that there is no difference in opinion between Mindset Legends and Client regarding what course of action is most appropriate for Client’s life.

3.3. Supplemental Service Products

In addition to Mentorship sessions, Mindset Legends may provide additional feedback and resources to Client in various forms, as agreed before session, including, but not limited to:

  • Written summary of the notes from the session
  • Journaling prompts, action plans, or other assignments
  • Periodic follow-up messages to check the progress of Client

Mindset Legends will be held accountable to deliver the additional service products agreed between Mindset Legends and Client. However, the above list is only an example, and the actual types, quantities, and delivery times of service products will be agreed upon in writing, prior to, or in, the invoicing of said Mentorship Program services.

4. Responsibilities of Client

4.1. Attendance and Punctuality

The Client will be held accountable to appear to scheduled Mentorship sessions, as scheduled, or they may be subject to forfeiting the time corresponding to their lateness or absence, without replacement or refund. If Client’s failure to appear to sessions affects the quality of the service they receive, due to lack of time to properly consult about their issues, Mindset Legends shall not be held responsible or demanded any kind of refund or replacement for poor service or results.

Reschedules must be requested at least 24-hours prior to the time of the scheduled session. Reschedules requested with less than 24-hour notice will not be subject to rescheduling, nor refund. Exceptions to this will be made solely at the discretion of Mindset Legends.

4.2. Communication of Needs

Mindset Legends will provide ample time and opportunity for Client to explain their areas of concern and ask questions regarding their problems and life situation. Client will be held accountable to express their needs and ask the necessary questions relevant to their life situation during scheduled Mentorship sessions. Mindset Legends shall not be liable for accusations of low quality service in the course of Client’s failure to adequately express their concerns or ask the questions necessary to resolve their life situation within the time given to them.

Client is expected to make a good faith attempt to carry out the recommendations made to them by Mindset Legends—otherwise referred to as “Homework” or other colloquial term. Client has the right to abstain from doing their assigned work, but they are responsible for their own result. Mindset Legends shall not be responsible for outcomes resulting from Client failing to perform the work recommended or assigned to them.

5. Responsibilities of Parties

5.1. Short or Long Sessions

In the event that, due unilaterally to the fault of the Client, a session is ended shorter than the time previously allotted, the Client is not entitled to a refund or replacement of time lost from the session, unless otherwise agreed to by Mindset Legends.

In the event that, due unilaterally to the fault of Mindset Legends, a session is ended shorter than the time previously allotted, the Client is entitled to a replacement of the time lost from the session. Client is only entitled to a refund of the time lost from the session if the Client can give reasonable explanation why a replacement will not suffice.

In the event that Mindset Legends and Client mutually agree that a session has been satisfactory, and to subsequently end said session earlier than the time previously allotted, that session shall be considered complete, not subject to any payment discount, replacement, or refund.

In the event that Mindset Legends and Client mutually agree to extend a session beyond the timeframe that has been previously allotted, that session shall not be subject to additional fees, unless otherwise agreed, and extension of said session shall not be construed to contractually extend the length of future or past sessions between Mindset Legends and Client, and the contractually binding length of each Mentorship session shall remain as it is agreed to in writing.

5.2. Rescheduling and Cancellations

In the event that Mindset Legends must request to reschedule with Client, the Client is entitled to a refund for the session(s) being rescheduled, for their inconvenience, if they choose, instead of rescheduling the session(s). All sessions not forced to reschedule by Mindset Legends are still subject to the original Refund Policy.

In the event that Mindset Legends is forced, or chooses, to cancel one or more sessions, for any reason, the Client will be entitled to a refund for the value corresponding to said sessions.

5.3. Additional communication

Although it may be given from the generosity of Mindset Legends, the Client is not entitled to any additional communication, largely no coaching communication, outside of scheduled Mentorship sessions, and none of such communication is implied. Mindset Legends shall not be held liable for Client’s lack of positive results, if results are due to a lack of such extra communication.

5.4. Excessive or Unreasonable Clarification

Mindset Legends strives to be clear in communication, both during session and through other forms of communication. A reasonable need for clarification is understandable, but constant or unreasonable clarification of the assessments and recommendations provided by Mindset Legends in session, in feedback materials, and otherwise, is not offered. Mindset Legends shall not be held liable for any result claimed to be due to a misunderstanding of a recommendation given by Mindset Legends, if a reasonable person should have been able to understand it.

5.5. Relationship Free of Harassment and Abuse

Both Parties agree to facilitate and maintain a relationship free of harassment and abuse. Both Parties agree that, if, at any time, either Party feels concerned that they are being harassed, abused, or otherwise treated poorly by the other Party, the concerned Party will express their concern to the Party of concern, in clear and understandable English, in a timely manner, in respect of due process and to give the Party of concern a fair opportunity to respond. In an instance where either Party feels unable or unwilling to express their concerns of aforementioned illegitimate treatment to the Party of concern, they may delegate another party to relay the message to the Party of concern, also in clear and understandable English, in a timely manner, in respect of due process and to give the Party of concern a fair opportunity to respond. By participation in this Agreement, both Parties agree that no claims of harassment, abuse, or other mistreatment by either Party shall be allowed to legally substantiate, in any instance, where a concerned Party has failed, for any reason, to clearly express, or have expressed on their behalf, to the Party of concern, their concerns that directly relate to the subject matter of said legal action.

6. Payment

Payment for Mentorship Program services is due in full prior to Client’s receipt of any Mentorship session or any Supplemental Service Products to which it applies. Mindset Legends is not responsible or liable to deliver any Mentorship Program sessions or products to Client, for which the corresponding payment has not been received, unless an amendment has been made to explicitly grant permission for post-payment, in writing.

Acceptable methods of payment will be any payment method that Mindset Legends and Client agree to utilize, through invoicing or other communication. Receipts through commercial payment networks will be used to verify payment and resolve any disputes regarding payment. In an instance of in-person cash payment, a written receipt shall be provided.

In the event of a charge-back from a bank or payment service provider, wherein the payment fails, is rescinded from Mindset Legends, or Mindset Legends is forced to refund the payment, Mindset Legends is not responsible for providing Mentorship Program services corresponding to the failed or reversed payment, and, if the failed or reversed payment corresponds to Mentorship Program services currently in the process of being delivered by Mindset Legends, Mindset Legends shall be entitled to cease providing said services to Client immediately, until the payment matter is resolved, and Client is brought back to a paid status.

6.1. Refund Policy

Unless explicitly stated elsewhere in this Agreement, all payments are final, and Client is not entitled to a refund. Refunds are not offered for any Mentorship Program services, with the following three exceptions.

6.1.1. Refund Policy Exception 1: New Client Fit

In the instance where Client is a first-time recipient of Mentorship services, payment is still due prior to services, but Client will be entitled to a refund within 7 days of the first Mentorship session, should Client claim that the relationship with Mindset Legends is not a good fit.

6.1.2. Refund Policy Exception 2: Money-Back Guarantees

In the instance where a “Money-Back Guarantee” is offered elsewhere, by Mindset Legends, in regard to these Mentorship services, in writing, Client will be entitled to a refund, according to the terms of said Money-Back Guarantee, to the extent stated in those terms.

6.1.3. Refund Policy Exception 3: Discretion of Mindset Legends

A refund policy exception may be granted, and Client will be entitled to a refund, not otherwise outlined in this Agreement, in any instance where Mindset Legends determines a refund to be appropriate, at the sole discretion of Mindset Legends.

7. Confidentiality

7.1. Confidentiality of Mindset Legends Intellectual Property

All proprietary materials, shared by Mindset Legends to Client, including—but not limited to—Mentorship feedback forms, journaling templates, instructional processes, videos, and audio clips—not limited to materials bearing the Mindset Legends branding—as well as the practical combination of information contained within those materials, are trademarked and copyrighted, not to be duplicated or shared in the interest of monetary gain, fame, recreation, or any other interest or use, without the express written permission of Mindset Legends. Client, or any other person, who wrongfully shares proprietary materials or protocols belonging to Mindset Legends will be prosecuted to the fullest extent of the law.

All material shared by Mindset Legends publicly on social media platforms is exempt from the immediately preceding paragraph and is permitted to be shared through conventional sharing protocols—“share” buttons, links, etc.

7.2. Confidentiality of Personal Information

The term “Personal Information,” hereinafter will be used to refer to information collected about Client by Mindset Legends that relates specifically to Client’s identification and life circumstances, such as personally identifiable information, contact information, answers to personal questions about Client’s life, and all other information necessary to conduct the Mentorship Program that applies uniquely to Client. Mindset Legends will not share Client’s Personal Information, in a manner that reveals Client’s identity, with any third party, unless a separate agreement is arrived upon between Mindset Legends and Client, in which instance, the terms of said agreement will apply. Mindset Legends, however, reserves the right, for business purposes, to share experiences regarding Client, in ways that do not reveal Client’s identity. To protect Client’s Personal Information, Mindset Legends will utilize the technology and follow the cybersecurity practices that are reasonably available to Mindset Legends at the time Client’s Personal Information is handled.

Personal Information, as defined above, except that instead pertains to Mindset Legends or persons working on behalf of Mindset Legends, including—but not limited to—personal phone numbers, addresses, and other identifying information that’s not shared publicly but required to be shared with Client to deliver Mentorship services, is also confidential, and Client is not authorized to share said Personal Information with anyone who is not participating in the same delivery of services as Client. Mindset Legends reserves the right to pursue legal action against any individual who shares the non-public Personal Information of Mindset Legends without the explicit permission of Mindset Legends.

8. Amendments

The Parties agree that any amendments made to this Agreement must be in writing.

9. Disputes

By participating in this Agreement, the Parties agree to make every effort to, in good faith, settle all disputes to the mutual satisfaction of both Parties, without litigation or arbitration. In the instance that either Party concludes that their problems remain unresolved after all efforts within Parties have been exhausted, Client or Mindset Legends can initiate Informal Dispute Resolution or mediation, in order to resolve the matter amicably. If mediation is not sufficient to resolve the dispute—or alternatively— either Party may refer the dispute for resolution by arbitration before an independent arbitrator. In the instance of arbitration, the Parties agree to the Arbitration Agreement section of this Agreement.

9.1. Arbitration Agreement

Any dispute, claim, or controversy arising out of, or relating to, this Agreement, including—but not limited to—claims of breach of contract, negligence, or misrepresentation, and only after exhausting all other non-litigation efforts to resolve the issue, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator with expertise in life coaching, mentorship, or consultation services, selected by both Parties jointly or the AAA. The arbitration shall take place in Iowa, unless otherwise agreed upon by the Parties. Each Party shall bear its own fees and expenses, unless otherwise determined by the arbitrator. The arbitrator’s decision shall be final and binding, and judgment may be entered upon it in any court having jurisdiction. Notwithstanding the foregoing, either Party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the conclusion of the arbitration.

9.2. Limitation of Liability

The Parties agree, by participating in this Agreement and the corresponding Mentorship services, that damages to Client, for which Mindset Legends may be liable, in all disputes, shall not exceed the monetary value of the fees paid by Client to Mindset Legends.

10. Generosity and Totality

This Agreement contains the entire understanding between Mindset Legends and Client with respect to the subject matter hereof. This Agreement supersedes all prior agreements, understandings, or assumptions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Mindset Legends reserves the right to be generous in taking any action they choose; however, no act of generosity that contradicts this Agreement negates any part of this Agreement, and the Agreement remains contractually binding, in the event that Mindset Legends discontinues any act of generosity not expressed within.