THE DREAM FACTORY AND CO:

Terms & Conditions

1. The terms and conditions below apply to Dream: Academy, produced by The Dream Factory and Co., and any and all employees, affiliates, and/or contractors that work for and with The Dream Factory and Co., to any individual or company ("the Client") and constitute the contract for the service to be provided by The Dream Factory and Co. for the Client (“Agreement”). 
2. The success of all Growth Coaching, of any kind, depends upon a high degree of trust between the Client, The Dream Factory and Co., and fellow group members. In addition to setting forth the contract for services, this document informs the Client about what to expect from Coaching and from The Dream Factory and Co.
3. In that spirit, by purchasing Coaching services from The Dream Factory and Co., the Client confirms that she or he has read and agrees to each statement below and that the Client wishes to proceed.
4. Coaching is an alliance or partnership between The Dream Factory and Co. and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation or development of personal, professional or business goals and to develop and carry out a strategy and plan for achieving those goals.
5. The Client is solely responsible for creating and implementing his or her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Coaching relationship and her or his Coaching calls and interactions with The Dream Factory and Co. As such, the Client agrees that The Dream Factory and Co. 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 The Dream Factory and Co. 
6. Client understands Coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.  Client acknowledges that Coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that Coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals.  It is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the Coaching relationship agreed upon by the Client and The Dream Factory and Co.
7. Client acknowledges that Coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate Coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
8. The Client is welcome to share as much or as little about yourself as the Client wishes while participating in Coaching; however, the more open you are the better experience you will have. The Client is welcome to ask questions at any time. The more deeply the Client understands the Coaching process, the more effectively the Client will be able to incorporate positive change into her/his life.
9. CONFIDENTIALITY.  This Coaching relationship, as well as personal information or business information supplied to The Dream Factory and Co. by the Client in Coaching sessions and masterminding will be treated as confidential.  However, please be aware that 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. The Dream Factory and Co. agrees not to disclose any information pertaining to the Client without the Client’s written consent unless The Dream Factory and Co. is compelled to do so by law.  If the Client is discussing or doing things that could cause serious harm to the Client or someone else, The Dream Factory and Co. may decide to take some form of action, including disclosure, to ensure everyone’s safety. The Dream Factory and Co. will not disclose the Client’s name as a reference without the Client’s consent. The client understands that the use of technology is not always secure and accepts the risks of confidentiality in the use of email, text, phone, Skype and other technology.  The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with The Dream Factory and Co. in a timely manner. 
10. GROUP CONFIDENTIALITY: It is important that the Client feels comfortable in a group setting to talk freely about their issues, concerns or thoughts.  Sometimes, the Client might want to discuss things that he or she does not want those outside of the group to know.  Confidentiality within the group setting is a shared responsibility of all members and leaders. Group member communications are not protected by law, so confidentiality within the group setting is often based on agreement, mutual trust and respect.  All members of The Dream Factory and Co. group must agree, by signing this document, to a high level of confidentiality in group Coaching sessions and masterminding. This means that each participant agrees not to share any other group members identifying, personal, professional and business information with others. It is appropriate to share your personal reaction and feelings about group Coaching sessions with others in the group, but please do not share other people’s stories with anyone outside of the group.  Group confidentiality is of paramount importance.  Failure to comply with confidentiality in group Coaching sessions and masterminding may result in immediate termination of The Dream Factory and Co. Coaching for the breaching Client, without recourse or refund.
11. No The Dream Factory and Co. Client is ever required to answer any question, to participate in any activity, or to tell anything. If the Client is asked questions or asked to participate in an activity, which makes her or him feel uncomfortable, the Client understands that he or she has the right to pass, that is, the right to refuse. Likewise, the Client will never pressure other group members to participate in any discussion or activity after the member has passed or refused. 

Liability.

1. RELEASE OF LIABILITY The Client agrees that using any of these Coaching services is entirely at the Client’s own risk. Coaching services are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information services, coaching, uninterrupted access, or products and services provided through or in connection with the service. This service is requested at the Client’s own choice and with inherent singular responsibility. The Client agrees that the use of all, or part, of the service is entirely at the client’s own risk.  Any actions or lack of actions, taken by the client of such advice is done solely by choice and responsibility of the client and is neither the responsibility nor liability of The Dream Factory and Co. The Client understands that to the extent the Coaching work together involves career or business, The Dream Factory and Co. is not promising outcomes including but not limited to increased clientele, profitability and or business success.  The Client understands that Coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and the Client will not use it in place of any form of therapy. The Client recognizes that Coaching requires emotional, physical, and mental efforts, exertion, and behavioral experimentation, on the Client’s part, which may cause physical, mental or emotional injury. The Client fully acknowledges and takes full responsibility for all the risks involved. The Client understands that it is her or his responsibility to consult with his or her primary health care provider prior to participating and should the Client choose not to do so, the Client accepts full responsibility, waiving all rights to liability or any claims related thereto against The Dream Factory and Co., any of its owners, agents, administrators, or employees.  The Client hereby releases, waives, acquits and forever discharges The Dream Factory and Co., any owners, agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by The Dream Factory and Co. as a result of the advice given by The Dream Factory and Co. or otherwise resulting from the Coaching relationship contemplated by this Agreement. The Client further declares and represents that no promise, inducement or agreement not expressed in this Agreement has been made to the Client to sign this Agreement. This Agreement shall bind the Client’s heirs, executors, personal representatives, successors, assigns, and agents. The Client has read and understood this Agreement and all its contents, and the Client voluntarily agrees to the terms and conditions stated above.  
2. EXCLUSIVE REMEDIES:  Notwithstanding the limitations outlined in the paragraph above, should for any reason The Dream Factory and Co. be found liable to the Client in any way shape or form, in no event shall The Dream Factory and Co. be liable to the Client for any indirect, consequential or special damages. Regardless of any damages that the Client may incur or claim to incur, The Dream Factory and Co.’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 Dream Factory and Co. under this Agreement for all Coaching services rendered through and including the termination date.
3. LIMITATION ON WARRANTIES:  THIS IS A SERVICES AGREEMENT.  PURPOSED WILL PERFORM THE SERVICES IN GOOD FAITH AND WITH DUE CARE AND SKILL.  TO THE FULLEST EXTENT PERMITTED BY LAW, PURPOSED DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Open Communications:

1. The Client has the right to talk openly and candidly with The Dream Factory and Co., and the Client is encouraged to discuss any questions and concerns they have with The Dream Factory and Co. on any area of the Coaching process.  The Dream Factory and Co. welcomes openness and honesty. Feedback about the service is welcomed and can be given during a Coaching session, group masterminding or by writing to The Dream Factory and Co. at 61165 S Highway 97 Ste. 110-397, Bend, OR 97702, or via email to [email protected]. 
2. The Dream Factory and Co. is continually striving to ensure the standard of service it provides to its Clients remains outstanding.  At any time, the Client may be asked to complete a feedback form.

Coaching Procedure and Billing:

1. Client understands that this Coaching is unique in its fashion and is exclusive in nature. Any materials incorporated will be given complete recognition to the appropriate source to not confuse The Dream Factory and Co.’s materials from external resources. 
2. The Coaching program details are described on the checkout page and by agreeing to purchase, the Client agrees to understanding all terms included. 
3. Billing is on the day of purchase.
4. Monthly payments (if applicable) are agreed upon by the Client at the time of purchase. The first payment is on the day of purchase and every payment will be dedicated automatically every month thereafter, according to the terms of the contract.  
5. The Client shall be billed according to the terms on the Check Out page. Client’s purchase confirms their agreement to the terms with no cancellation and no refunds for any reason.
6. Though it is encouraged for Client to join their session in person, the attendance is not mandatory but The Dream Factory and Co. will record and archive every meeting for future use. 
7. If the Client needs to cancel their participation in the Coaching entirely, they should provide at least 30 days written notice to The Dream Factory and Co. and will not be billed the following month. 
8. There may be occasions when The Dream Factory and Co. may recommend to the Client that they seek an alternative service more suited to their current needs.  In this event The Dream Factory and Co. will fully discuss the reasons for the recommendation with the Client.  It is the Client’s sole responsibility to decide whether to follow the recommendation and The Dream Factory and Co. does not accept any liability for the outcome of any decisions the Client chooses to make.

Miscellaneous: 

1. Entire Agreement.  This document reflects the entire agreement between The Dream Factory and Co. 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 The Dream Factory and Co. and the Client.
2. Dispute Resolution.  If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 90 days after notice given. If the dispute is not so resolved, The Dream Factory and Co. and the Client both agree to Arbitrate all remaining disputes before an arbitrator mutually chosen by The Dream Factory and Co. and the Client.  In the event of such Arbitration, the prevailing party shall be entitled to recover attorney’s fees and costs from the other party.
3. Severability.  If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Arbitrator or Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
4. Waiver.  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.
5. Applicable Law.  This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without giving effect to any conflicts of laws provisions.
6. Binding Effect.  This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.