Last Updated on April 1, 2025By participating in Private 1-1 Coaching (the “Coaching”), signing your Coaching Agreement, or accessing the Perfectionist Solutions Client Portal or (the “Site”) you are agreeing to the following terms.
Please read this Agreement carefully before accessing or using Perfectionist Solutions’s (the “Company”) proprietary materials which includes any written, audio or visual presentations or documents associated with the Private 1-1 Coaching.
If you do not understand or do not accept this agreement, please do not access any of the Company’s proprietary materials and immediately contact us at hello at perfectionist dot solutions.
This Private 1-1 Coaching Agreement is entered into and effective as of the date of enrollment in Perfectionism Optimized, the date the Client accepts the terms of this Agreement and remits payment for their Private 1-1 Coaching.
In consideration of Client enrolling in the Private 1-1 Coaching, it is agreed as follows:
1. SCOPE OF PRIVATE 1-1 COACHING
(a) Private 1-1 Coaching includes the following:
- 1:1 audio-only sessions with the Company’s Coach assigned to Client for a maximum of 45 minutes
The Private 1-1 Coaching services outlined above are hereafter referred to as the “Private 1-1 Coaching.”
Any additional services offered by Company to Client require additional fees and signing of a separate agreement. This includes any communication or access to The Coach outside of sessions, additional 1:1 sessions, intensives or live events.
(b) Cadence and Length. The cadence of how often Private 1-1 Coaching sessions occur for the Client and their specific start and end dates Client receives Private 1-1 Coaching, is unique to each individual and outlined in their individual Private 1-1 Coaching Agreement.
(c) Legal Certification & Mental Fitness Declaration By proceeding with enrollment, Client hereby certifies under penalty of perjury under the laws of the State of California that the following statements are true and accurate to the best of their knowledge:
- Client is mentally competent, of sound mind and legally capable of entering into this Agreement.
- If Client is under care for a recurring health condition they confirm they are actively participating in a treatment plan under the supervision of a licensed medical or health-wellness professional.
- Client understands that coaching is not a substitute for trauma therapy, psychiatric treatment, or any other crisis related health service, and will not use it as such.
- Client has no outstanding arrest warrants, and is not currently under criminal investigation, probation, or other legal restriction.
- Client agrees to conduct themselves in a lawful, respectful, and honest manner throughout the coaching relationship, and understands that any hate speech, violent, threatening, deceptive, entitled, or abusive behavior is grounds for immediate termination of services.
- Client certifies they have never previously engaged in fraudulent, malicious intent or manipulative conduct in connection with goods or services received, medical professionals, educators, or other providers.
- Client affirms they are entering this relationship in good faith, with honest intentions and respect for the Company’s values and integrity standards.
Client acknowledges that Company is relying on the truthfulness of these declarations in accepting Client into the Private 1-1 Coaching. Any false statement, omission, or misrepresentation constitutes a material breach of this Agreement and may result in immediate termination, with no refund or credit due.
Company reserves the right to take legal action, refer matters to appropriate authorities, or pursue damages for any harm, disruption, or liability caused by false certifications or dangerous conduct.
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. CLIENT DUTIES (a)
Private 1-1 Coaching Fee. In consideration for the Private 1-1 Coaching provided by Company to Client as set forth in Section 1 above, Client agrees to pay at a minimum, 50% of the total private coaching fee as a Retainer. The Retainer is a flat fee paid by The Client upfront and covers: booking Company Services, initial communications, onboarding, time spent on The Client, and the opportunity cost of The Company rejecting other potential clients for their spot on The Company’s Private 1-1 Coaching roster.
The Retainer is due immediately to secure The Client’s spot on the Company’s Private 1-1 Coaching roster.
The Client agrees to put a card on file that will be charged through the Company’s payment processor for the retainer and all other fees or balances.
If the card on file needs to be changed, the Client agrees to notify the Company at least 3 business days before payments are processed.
If Client selects a payment installment plan, Client understands the subsequent payments will be charged to automatically on the 15th of each month via the Company’s designated payment processor.
In the event that any authorized charge applied by Company to Client’s card fails, The Client will remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below
(b)
Late Payment. The Client understands a payment installment plan is a privilege and in the event Client fails to make any of the payments within a payment plan during the time prescribed, a late fee of $50 will be charged. Client's access will be terminated until payment is made .
(c)
Payment Security To the extent that Client provides Company with bank/credit/debit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates and/or conditions set forth in this Agreement. Client agrees to provide 3 business days notice before changing payment method per Section 2(a). If Client selects the multiple payment/installment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.
(d)
Payment Disputes Client agrees to adhere to the mandatory mediation requirement per Section 16 before initiating any payment dispute. If Client violates this requirement or if Client initiates any fraudulent or bad faith dispute, Client will be responsible for all costs, fees, damages, and losses incurred by Company, including but not limited to: attorney's fees, frozen account damages, lost revenue, administrative costs (at $500/hour for Company CEO, $250/hour for other personnel), third-party professional fees, and any direct, indirect, incidental, special, punitive, or consequential damages from interrupted business operations.
Fraudulent or bad faith disputes constitute breach of contract and fraud, entitling Company to both contract and tort damages, including punitive damages under
California Civil Code § 3294 which may exceed actual damages. (e)
Participation Client understands that Client’s success or benefit in the Private 1-1 Coaching is dependent upon Client’s level of participation in the Private 1-1 Coaching. The Client agrees to communicate honestly, be willing to question what they think they know, try on new possibilities and perspectives, be open to feedback and to create the time, space + energy to fully participate.
In order to get the most out of the Private 1-1 Coaching, Client must also implement the tools and strategies learned throughout the Private 1-1 Coaching, and make considerable efforts toward Client’s own development on Client’s own time.
(f)
Responsibilities Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of and/or from the Private 1-1 Coaching. Client understands Private 1-1 Coaching is not therapy and does not substitute for therapy if needed.
3. CHARGEBACKS (a) Client shall be completely responsible for all charges, fees, and taxes arising from any purchase with the Company. By submitting credit card information upon enrollment, Client agrees to allow the Company to use the submitted credit card as the payment method for Private 1-1 Coaching.
Client acknowledges that disputing legitimate charges causes significant harm to Company's operations. Before initiating any chargeback, Client agrees to first attempt resolution directly with Company per Section 2(d) and Section 16.
If Client initiates a chargeback, reversal, or recollection without following this Agreement's dispute resolution process, or makes any fraudulent or bad faith dispute, Company reserves the right to collect all damages as specified in Section 2(d), including all direct, indirect, incidental, special, punitive, and consequential damages, plus attorney fees and court costs.
Client acknowledges that fraudulent chargebacks cause immediate and irreparable harm to Company's business operations, banking relationships, and ability to serve other clients. Such actions may result in claims for damages far exceeding the disputed amount and may constitute criminal fraud under California Penal Code § 532.
4. TERMINATIONS AND CODE OF CONDUCT (a) The Client can terminate Private 1-1 Coaching at any time, but no financial credit will be given and the remainder of any payments will be due immediately. Upon termination, access to the Company’s Private 1-1 Coach, Private Podcast and Site will be terminated.
Termination of the Private 1-1 Coaching and/or this Agreement by the Client will not extinguish the Client’s obligation to pay the full coaching fee(s) as outlined in Section 2(a). In the event that any Client requests termination of the Private 1-1 Coaching, Client is not entitled to any full or partial refunds.
(b)
Client Conduct. Client may use Private 1-1 Coaching for lawful purposes only. Client shall not communicate any material or manner that is threatening, abusive, defamatory, harassing, or illegal. Client shall not violate the dignity, privacy, or safety of Company's Coach through entitled, cruel, or otherwise harmful behavior. Violations result in immediate termination at Company's discretion.
(c)
Termination for Conduct Violations. If Client engages in prohibited conduct outlined above, Company may terminate immediately without warning or refund. All remaining unpaid fees become due immediately upon termination.
(d)
No Pausing. The Private 1-1 Coaching term cannot be paused or held without Company's written authorization.
5. REFUND POLICYNo refunds will be given under any circumstance. All sales are final. Disputing charges through financial institutions without following Section 2(d) constitutes breach of this Agreement.
6. NO GUARANTEES (a) Company makes no guarantees other than providing the Scope of Private 1-1 Coaching described in Section 1(a). Client acknowledges that coaching outcomes depend on subjective factors outside Company's control, including Client's participation and implementation. Testimonials represent possible, not guaranteed, results. Client's failure to achieve desired results is not grounds for refund.
(b)
Third-Party Referrals. Company may provide referrals or affiliate links to third-party providers. Company makes no guarantees regarding third-party services and bears no liability for such services or Client's experience with them. Company may receive compensation from affiliate links.
(c)
Force Majeure. Company's performance obligations are excused during events outside its reasonable control, including: natural disasters, war, terrorism, pandemics, or government-ordered closures. Company will make reasonable efforts to reschedule services but is not in breach if rescheduling proves impossible. Client's payment obligations continue unless Company cannot deliver any services for 30 consecutive days.
7. CONFIDENTIALITY & NON‑DISPARAGEMENT
(a)
Confidential Information. “Confidential Information” means non‑public information disclosed by either party in connection with the Private 1‑1 Coaching that is designated confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Confidential Information includes, without limitation, business, financial, marketing, technical, creative, performance, and client information.
(b)
Exclusions. Confidential Information does not include information that: 1) is or becomes publicly available through no fault of the receiving party; 2) was lawfully in the receiving party’s possession prior to disclosure; 3) is received from a third party without restriction and without breach of an obligation to the disclosing party; or 4) is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
(c)
Use and Disclosure. Each party shall: (a) hold the other party’s Confidential Information in strict confidence; (b) use it only to perform its obligations under, or to exercise rights under, this Agreement; and (c) not disclose it to any third party except to employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as this Section. A party may disclose Confidential Information as required by law or valid court order, provided the receiving party gives the disclosing party prompt written notice unless prohibited by law.
(d)
Non‑Disparagement. During the term of the coaching and thereafter, neither party shall make false, defamatory, or materially disparaging statements about the other to third parties, except as required by law.
(e)
Remedies. Monetary damages may be inadequate to remedy breaches of this Section. Accordingly, each party is entitled to seek injunctive or other equitable relief to prevent or cure any actual or threatened breach, in addition to any other remedies available at law or in equity. In addition to injunctive relief, breach of this Section results in liquidated damages of $10,000 per violation.
(f)
Survival. The obligations in this Section survive termination or expiration of the Agreement for a period of three (30) years, except for trade secrets, which shall remain protected for so long as they qualify as trade secrets under applicable law.
8. CANCELLED OR MISSED SESSIONS
(a)
Session Appointments: The Company and Client will agree upon a consistent session day+time to occur each week coaching occurs.
(b)
Client Notice: The Client agrees to notify the Company of cancellation of their scheduled session at least 5 business days in advance of their scheduled appointment time.
(c) Cancellation Fees. If the Client cancels a scheduled session or asks to reschedule in less than 5 business days prior to their scheduled appointment time, the Client will be charged $50 USD. If the Client cancels or asks to reschedule a session within 48 hours of their scheduled time, a $150 USD cancellation fee is incurred. A maximum of 2 rescheduled sessions can be added to this agreement.
(d)
Rescheduling. No portion of the Services Fee will be refunded for missed appointments or appointments failed to cancel within the time period specified directly above. The Company may agree (but is not required) in their sole discretion to reschedule missed appointments free of charge. See
Session + Rescheduling Policy for more detailed guidelines.
(e)
Grace Reschedule. One (1) grace reschedule is permitted per 6‑month period;
9. OWNERSHIP OF INTELLECTUAL PROPERTY
(a)
IP Ownership. All material presented, discussed or shared by Company is owned by Company. Client's notes are for personal use only. Client agrees to never record any sessions or services. Client will not resell, share, present or communication any methods or processes without Company's written consent and licensing fee payment. Client will not coach or consult others using Company's methodologies without written consent.
Client agrees that all content ("Intellectual Property") is owned solely by Company and protected by intellectual property laws. Company retains all rights to use, reproduce, and distribute the Intellectual Property. Company grants Client a limited license for personal, non-commercial use only. Client has no right to create derivatives, share, reproduce, distribute, modify, or exploit the Intellectual Property. Creating derivative products (including blog posts, guides, worksheets, videos, podcasts) based on Company's Intellectual Property without written consent violates this Agreement and applicable law. All trademarks, service marks, and logos are Company property.
(b)
No Resale of Services Permitted. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Private 1-1 Coaching (including training materials), use of the Private 1-1 Coaching, or access to the Private 1-1 Coaching. This agreement is not transferrable or assignable without Company's prior written consent.
(c) Client agrees to not share access to the Private 1-1 Coaching or materials with others.
10. WARRANTIES
(a)
Company's Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b)
Client's Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and is not prohibited by any other agreement from doing so.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
11. LIMITATION OF LIABILITY (a) The Client acknowledges the services provided by the Company are coaching and not professional advice. Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client. Coaching is not legal, medical, financial, or other licensed professional advice and should not be relied on as a substitute for consultation with a qualified professional. Any use of or reliance on coaching materials or information is at the client's sole risk. The Client assumes full responsibility for decisions and actions taken as a result of the Coach's input.
(b) For breach of contract claims only, Company's liability shall not exceed fees paid by Client.
(c) Client understands that the information presented is not legal, financial, therapeutic, or medical advice. All information provided is for educational purposes only and should not replace licensed professionals. Company does not provide any form of diagnosis. Any use of or reliance on coaching materials or information is at the client's sole risk.
(d) If a Coach or individual acting on behalf of Perfectionist Solutions is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s).
12. ENTIRE AGREEMENT This binding Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it, supersedes all prior and contemporaneous written or verbal agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver. This integration clause does not bar claims for fraudulent inducement or fraudulent concealment.
13. CHANGED TERMS & POLICIES
Company may at any time amend these Terms and Policies and will provide Client with proper, reasonable notice. Company will provide Client with at least 14 days advance notice of any material changes to these Terms by:
- Email to Client registered email address
- Prominent notice upon login to Private 1-1 Client Portal/Site
- Adding the new Terms or Policy documentation to Client’s Portal Library
Such amendments will not take effect until 14 days after notice is sent, giving Client time to review the modification.
For material changes that affect Client rights or obligations, The Company will require Client’s affirmative consent through a click-to-accept mechanism after the notice period.
Non-material changes (typos, formatting, clarifications) may be made with posting and notice inside Client Portal.
Company reserves the right to update any portion of our Site and Service, including these Terms subject to the notice requirements stated above.
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4. ASSIGNMENTThis Agreement shall be binding on the parties and their respective heirs, legal representatives, successors, and assigns. Client may not assign, delegate, or transfer any rights or obligations under this Agreement without Company's prior written consent. Company may freely assign this Agreement, including to collection agencies or legal representatives for enforcement purposes. Any attempted assignment by Client is void.
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5. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Perfectionist Solutions Registered Agent
Timothy Gavin
770 Welburn Ave, Gilroy, California 95020
Digital: hello @ perfectionist.solutions
To Client at Client’s mailing and/or email address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
16. GOVERNING LAW, MEDIATION & DISPUTE RESOLUTIONThis Agreement shall be construed in accordance with, and governed by, the laws of the State of California without regard to any conflict of law provisions. Any dispute arising shall be resolved exclusively in the County of Los Angeles, California. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Los Angeles, California.
Both parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably.
The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
17. SEVERABILITY Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision, term, covenant, or condition is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
(a)
Capacity and Electronic Signatures Both parties represents and warrants that they have the legal capacity and authority to enter into this Agreement and understand its nature and effect.
Both parties agree that signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.
(b)
Effective Date and Formation This Agreement is effective as of the Client's date of enrollment. Client's completion of enrollment, payment and receipt of access to the Site constitute execution of and acceptance of this Agreement.