Terms of Service for Elevate (Coach with Elevate, LLC)

Terms of Service for Elevate (Coach with Elevate, LLC)
Last Updated: Last Updated: March 25th, 2024
Please read this User Agreement carefully as it contains important agreements, policies, and information regarding your legal rights, remedies, and obligations that collectively comprise the "Terms of Service" of the Elevate Platform.1. Introduction
Welcome to Elevate! These Terms of Service ("Terms") form a legally binding agreement between Coach with Elevate, LLC ("Elevate," "we," "us," or "ours") and you ("you," "your," "User," "Coaches," or "Clients"), governing your use of the Elevate Platform and Elevate services. By accessing or utilizing any aspect of Elevate, you signify your agreement to adhere to these Terms. These Terms apply to all Users, Coaches, and Clients accessing or utilizing the Elevate Platform.2. Definitions
Account: Your profile ("Profile") within the Elevate Platform.
Elevate Platform: Any medium through which Elevate services or applications can be accessed, including, without limitation, the Elevate website, the Elevate mobile application and other third party integrations.
Clients: Users who engage with Elevate to match with, purchase, schedule, and book Coaching Services with Coaches.
Coaches: Users specializing in personal development, professional development or any other coaching services (any of the foregoing referred to herein as "Coaching Services"). Each offering of Coaching Services is deemed to be a "Package."
Users: Individuals who utilize Elevate services to publish, offer, match with, purchase, schedule, and book various coaching services.3. The Elevate Platform: Elevate maintains the Elevate Platform and provides related services to enable Users to publish, offer, match with, purchase, schedule, and book Coaching Services. In order to streamline these operations and ensure a smooth user experience, Elevate may integrate with several third-party platforms, including, without limitation, Stripe (for payment processing), Calendly (for appointment scheduling), and Quenza (for Coach Communications). Your use of these integrated platforms is governed by the separate
terms and conditions established by these third-party platforms, which you agree to adhere to when utilizing the Elevate Platform.4. User Accounts4.1 Account Registrations and Acceptance of Terms
By registering for the Elevate Platform or utilizing any of its services (including, without limitation, subscribing to access or newsletters, completing registration forms, or purchasing coaching packages), you automatically and without further action agree to abide by these Terms of Service presented by Elevate. Elevate retains the right to refuse registration for any lawful reason, including, without limitation, considerations of supply and demand, data maintenance costs, or other business factors.4.2 Registration Process and User Profile
As part of the registration process, you are required to complete a registration form, which may be visible to other Users:
- Coaches may view Clients' profiles
- Clients may view Coaches' profiles
- Coaches' profiles may be made publicYou commit to providing accurate and comprehensive information during registration and any subsequent forms provided by Elevate. Additionally, you agree to keep your information updated to ensure its accuracy, completeness, and truthfulness. Providing false or misleading information about your identity, location, skills, or Coaching Services is prohibited and may result in account termination.4.3 User Verification
You acknowledge that your profile on the Elevate Platform may undergo validation and verification at any time. This process may involve confirming your identity, location, and profile details through official government documents, legal records, and third-party databases. By using the platform, you authorize Elevate, either directly or through third parties, to conduct necessary inquiries for validation purposes and agree to promptly provide requested information. Elevate reserves the right to limit certain account features pending verification, with restoration upon successful completion of the process.4.4 Eligibility
(a) This Elevate Platform is not intended for unsupervised use by any person who is under the age of 18 years old or any person who has previously been suspended or prohibited from using the Elevate Platform.
(b) By using the Elevate Platform, you represent and warrant that you: (i) have not been suspended or prohibited from using the Elevate Platform before; and (ii) are over the age of 18 years.
(c) You are prohibited from accessing the Elevate Platform if you are under the age of 18 years old, or if you have previously been suspended or prohibited from using the Platform.
(d) If you use the Elevate Platform on behalf of a company or organization you warrant that you have the necessary authority from that company or organization to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organization, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorized to do so.5. Elevate Services: Facilitation and Platform5.1 Facilitation of Services and Platform Usage
Elevate serves as a platform exclusively designed to facilitate Users in publishing, matching with, purchasing, scheduling, and booking Coaching and Professional Development services. It is the sole responsibility of all Users to evaluate and determine the suitability of any Package, Services (including Coaching or other Professional Development), Coach, or Client.
In the event that a Client decides to purchase a Package of Coaching Services, a Package of Professional Development, or enters into any contractual agreement on Elevate, collectively constituting a "Coaching Contract," it is explicitly acknowledged that the contract is solely between the Clients and the service provider (Coaches or 3rd Party Partner organizing the event). Elevate does not participate as a party in these contracts, except when acting as a collection agent as specified in the Payment Terms.5.2 Elevate's Oversight of User Activity on the Platform
While Elevate endeavors to ensure a positive user experience, it cannot fully control the behavior of Users, Coaches, and Clients on the platform. Although Elevate may monitor platform activity, it is not under obligation to do so. Users are required to cooperate with Elevate and provide necessary information if requested during any investigations into platform usage.
Furthermore, Users must comply with the terms and regulations enforced by third-party platform integrations, as detailed in Section 3 above.6. Client Terms6.1 Matching Process
The information provided during your intake process, including intake forms and sessions with Elevate and coaches, allows Elevate to match Clients with potential Coaches based on various criteria. These matches do not entail an obligation to purchase Coaching Services, and Clients retain the right to request new matches. Data provided during the intake process is retained in accordance with our Informed Consent Agreement.6.2 Purchasing Process
By purchasing a Package, Clients agree to pay in advance all associated charges, including the Total Price specified on our site, along with fees, taxes, and any additional items listed during checkout. Furthermore, by purchasing a Package,Clients agree to the services outlined in the package details. Upon confirming a Package purchase, a contract for Coaching Services is established directly between you and the Coach.6.3 Coaching Scheduling and Modifications
After purchasing a Package, Clients can schedule Coaching Services using the platform's scheduling features. Please note that Elevate does not guarantee Coach availability as Coaches manage their own schedules.
Clients are responsible for scheduling modifications, with changes typically required at least 24 hours before the scheduled event, unless otherwise agreed upon with Coaches, or Coaches are entitled to the full amount for the session.**6.4 Cancellations and Refunds **
Prior to scheduling coaching services with Coaches, Clients are required to make upfront payments for all packages. The cancellation and refund policy is outlined as follows:
For the Initial Coaching Package of 5 sessions, the first 3 sessions are non-refundable irrespective of cancellations. Post the first 3 sessions, cancellations will need to be made 24 hours prior to the scheduled coaching session to qualify for a refund. Additionally, any coaching services already provided are non-refundable.
For all other Coaching Packages, cancellations must be made at least 24 hours prior to the scheduled coaching session. Similar to the Initial Coaching Package, any coaching services already rendered are non-refundable.
All processing fees are non refundable.6.5 Coaching Terms
1) Confidentiality: All information shared during coaching sessions is strictly confidential between the Coach and the Users. Elevate does not oversee the content or direction of coaching sessions.
2) User Behavior: Elevate does not govern or control Users' behavior during coaching sessions, but Users are expected to conduct themselves respectfully and professionally.
3) Continuous Improvement: Elevate is dedicated to enhancing its services and may gather relevant feedback from coaching sessions to improve the overall user experience.
4) Investigations: Users are expected to fully cooperate with Elevate in any investigations concerning concerns arising from coaching sessions, essential for maintaining the integrity and quality of coaching services provided through the platform.
5) Responsibility: Clients are responsible for their physical, emotional, and mental well-being during coaching meetings.6.6 Terms for Events and Services Held by Elevate Partners
1) Quality Control: Elevate acknowledges that it does not control the quality or execution of events and services held by Elevate Partners, which include all events not directly hosted by Elevate.
2) Liability: Any liability regarding issues with quality, execution, or outcomes of events and services lies solely between the Client and the direct host of the event or service. Elevate bears no responsibility for such issues.
3) User Responsibility: Clients are responsible for evaluating the suitability and quality of events and services offered by Elevate Partners and determining their appropriateness.
4) Indemnification: By participating in events or utilizing services offered by Elevate Partners, Clients agree to indemnify and hold Elevate harmless from any claims, damages, or liabilities arising from their participation or use.
5) Cooperation in Investigations: Clients are expected to fully cooperate with Elevate in any investigations concerning issues or concerns regarding events or services offered by Elevate Partners.
6) Cancellations: Cancellations are subject to the applicable cancellation policy of the Elevate Partner.6.7 Client Coaching Acknowledgement:
Clients understand that coaching:
- Is not a substitute for diagnosis or treatment of mental disorders as defined by the American Psychiatric Association.
- Is not a substitute for counseling, psychotherapy, mental health care, or substance abuse treatment.
- Is not a substitute for professional advice by legal, medical, financial, business, spiritual, or other qualified professionals.6.8 Agreements Between Clients with Coaches
Some Coaches may have additional Coach Client contracts in addition to this Terms & Service Agreement, which will be executed prior to the coaching session. This agreement will provide additional protection and clarification for both parties.7. Elevate Coaching Service Agreement7.1 Entering into Coaching Agreement with Clients:
Every Coaching Agreement accepted via Elevate constitutes a direct contract between you and the Client. As a Coach, you're responsible for delivering your Coaching Services as outlined in your Package at the agreed-upon price. You operate as an independent contractor, responsible for your own services. Any additional contracts with Clients must align strictly with these Terms and be clearly outlined before the coaching agreement.7.2 Status and Relationship with Elevate:
You recognize and agree that your relationship with Elevate is that of an independent contractor and not an employee, agent, joint venturer, or partner. The sole exception is Elevate acting as a payment collection agent. As an independent contractor, you're not entitled to employee benefits, including unemployment or health insurance. You're solely responsible for timely payment of self-employment taxes and comply with federal or state tax laws. Elevate does not provide tax services and bears no responsibility for noncompliance. Elevate does not dictate or control your coaching delivery.7.3 Management of Services in the Elevate Platform:
Your Responsibilities:
- You're solely accountable for your actions and those involved in delivering your Coaching Services.
- Maintain client confidentiality, except as required by law or with the client's written permission.
- Do not encourage clients to create third-party accounts or engage in activities outside the Elevate Platform & Services.
- Avoid entering into contracts with clients outside the platform; if you do, Elevate is entitled to 40% of the fees and may terminate your contract.
- You're allowed to have external clients not associated with the Elevate Platform if you didn't initiate contact or weren't matched through the Elevate Platform.
- Adhere to guidelines outlined in your contract with Elevate.You may not:
Use the Elevate Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; Use the Elevate Platform in connection with any commercial or money making or other promotional or marketing endeavors except those that are endorsed herein; or Use the Elevate Platform to provide legal, taxation, accounting or medical services and/or advice.7.4 Cancellations:
Clients must adhere to the cancellation policy outlined in their specific Package. In case of Agreement termination between Coach and Elevate during an ongoing package contract, the Client shall receive a full refund of any unused portion.7.5 Scheduling Modifications:
Users are accountable for scheduling changes made through the Elevate Platform. Clients can modify schedules up to 24 hours prior to the session, or Coaches are entitled to the full amount, unless otherwise agreed on by Coach and Client. Coach’s failure to attend a coaching session may result in recovery of the amount from the coach by Elevate.8. Elevate Content Ownership and Usage:8.1 Copyright and Intellectual Property:
All materials available on or through the Elevate Platform, collectively referred to as "Content," including text, graphics, data, articles, photos, images, illustrations, and user submissions ("User Submissions"), are protected by copyright and other intellectual property laws.8.2 User Obligations:
You are required to adhere to all copyright notices, trademark restrictions, and information provided within any Content accessed through Elevate. Additionally, you are prohibited from:
- Using, copying, reproducing, modifying, publishing, transmitting, distributing, performing, uploading, displaying, licensing, selling, commercializing, or otherwise exploiting Content not owned by you without prior written consent.
- Engaging in actions that violate the rights of others, including Elevate.8.3 Limited User License:
Subject to these Terms, Elevate grants each user a non-exclusive, non-transferable license to access and display Content solely for personal use within the Elevate Platform.8.4 Restrictions on Content Use:
Any use, reproduction, modification, distribution, or storage of Content beyond personal use within Elevate is strictly prohibited without prior written permission. You acknowledge that Elevate owns

8.5 Posting Content to Platform
You are solely responsible for all Content you provide, affirming that you either own it or have the authorization to grant Elevate the outlined rights. You are liable for any Content that violates third-party intellectual property or privacy rights. Prohibited Content includes discriminatory, obscene, harassing, deceptive, violent, false, misleading, defamatory, infringing, and illegal content. Elevate reserves the right to review, disable, remove, or edit Content:
- To operate, secure, and enhance the Elevate Platform.
- To ensure Users' compliance with these Terms.
- To comply with applicable law or regulatory requirements.
- To address harmful or objectionable Content.
- To enforce any quality or eligibility criteria outlined in these Terms.
Elevate is not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through the Elevate Platform. Elevate does not prescreen information posted online. Elevate is acting as a passive conduit for such distribution and may not be responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Elevate. Elevate neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content. Users are responsible for ensuring that Content submitted to the Elevate Platform is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. Users shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Users’ uploading, posting or submission of Content to the Elevate Platform.9. Elevate Platform Access Agreement9.1 Termination:
User Termination: You have the option to terminate this Agreement at any time by sending an email to [email protected].
Elevate Termination: Elevate holds the right to terminate this Agreement and your account for any reason with 30 days' written notice using any contact information provided for your account. Additionally, Elevate reserves the right to terminate this Agreement and your account immediately and without notice in the event of:
-Breach of these Terms
-Violation of any Elevate policies
- Violation of applicable laws
In the event of termination due to the above reasons, any payments made to Elevate will not be compensated. Coaches will be required to reimburse Elevate for uncompleted coaching sessions.9.2 Inactive Account Termination:
Elevate reserves the right to terminate your account or any subcomponent of the Platform if your account remains inactive for an extended period. The exact duration leading to inactive-based termination may vary. For details regarding your specific inactive termination timeframe, please reach out to [email protected].9.4 Compliance with Legal Demands:
Elevate reserves the right to take any necessary action to comply with applicable laws, court orders, or requests from law enforcement or government agencies.9.5 Termination Consequences:
1) Coach Account Termination: Termination of your account as a Coach will result in automatic cancellation of any purchased Package(s), with Clients receiving full refunds for unfulfilled coaching services.
2) Client Account Termination: Termination of your account as a Client will result in cancellation of any purchased Package(s), and refunds will be provided according to the applicable Package cancellation policy.
3) Termination of Content Access: Upon termination of the Agreement, you will not be entitled to restore your account or access any uploaded or submitted content.9.6 Restriction on Re-registration:
If your access to the Elevate Platform is limited, your account is suspended, or this Agreement is terminated by Elevate, you are strictly prohibited from registering a new account or accessing the platform through another account, whether controlled by you or another User.9.7 Survival of Provisions:
Certain provisions of this Agreement intended to survive termination will remain in effect even after the termination of this Agreement.10. Liability Limitations:Elevate operates solely as a matching service and facilitator between Users, Coaches, and Clients. Consequently, Elevate bears no liability for the actions, conduct, or outcomes of Coaching Services provided by Coaches to Clients or any interactions among Users on the platform. In no event shall any reference to any third party or third-party product or service, including a Coach, be construed as an approval or endorsement by Elevate of that third party or of any product or service provided by a third party. Elevate explicitly disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the accuracy, completeness, reliability, or availability of the Elevate Platform or any information, products, or services offered through it.Elevate shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the Elevate Platform or any interactions among Users, Coaches, and Clients facilitated by it. Users, Coaches, and Clients agree to indemnify and hold Elevate harmless from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to their use of the Elevate Platform, including but not limited to disputes among Users, Coaches, and Clients, the provision or receipt of Coaching Services, or any breach of these Terms. To the maximum permitted by law, Elevate shall not be liable to any User, Coach, or Client for all claims arising from or connected to the Elevate Platform beyond the lesser of the following limits:
(i) the amount paid by the Client to Elevate,
(ii) the amount paid to the Coach by Elevate within the twelve (12) month period preceding the event giving rise to the liability, or
(iii) one hundred U.S. dollars (US$100) to any other party.Elevate shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, acts of government, acts of terrorism, natural disasters, or internet service disruptions. By using the Elevate Platform, Users, Coaches, and Clients acknowledge and agree to these liability limitations, releasing Elevate from any and all claims, damages, or liabilities arising out of or related to their use of the Platform. To the fullest extent permitted by applicable law, Users agree to release, defend (at Elevate’s discretion), indemnify, and hold Elevate (including its affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from or related to:
(i) violation of these Terms or any applicable agreements,
(ii) misuse of the Elevate Platform,
(iii) any interaction with another User, including any injuries, losses, or damages resulting from such interaction,
(iv) failure, or Elevate’s failure at the user's direction, to accurately report, collect, or remit Taxes, or
(v) violation of any laws, regulations, or third-party rights, including intellectual property or privacy rights. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.11. Dispute Resolution11.1 Informal Resolution:
In the event of any dispute or claim arising from these Terms or the use of the Elevate Platform, the parties commit to first attempt an informal resolution. This may involve direct communication between the parties or through Elevate’s customer support channels.11.2 Mediation:
If informal resolution fails, the parties agree to seek resolution through mediation. Mediation will be conducted by a mutually agreed-upon mediator or, failing agreement, by a mediator appointed by a court with jurisdiction over the matter. Costs of mediation will be shared equally unless otherwise agreed.11.3 Arbitration:
If mediation proves unsuccessful, any unresolved disputes shall be subject to binding arbitration. The arbitration will adhere to the rules of the American Arbitration Association (AAA) or another agreed-upon arbitration provider. The arbitration will occur in Delaware, United States, unless otherwise mutually determined.11.4 Governing Law:
These Terms and any disputes arising from or related to them will be governed by the laws of Delaware, excluding its conflict of law principles.11.5 Waiver of Class Action:
Arbitration proceedings will be conducted individually; the parties waive the right to bring or participate in any class action or consolidated action in arbitration or court.11.6 Enforcement:
The arbitrator's decision will be final and binding and may be enforced in any court of competent jurisdiction. Judgment on any arbitration award may be entered in any such court. By accepting these Terms, you waive your right to a trial by jury and agree to resolve disputes through arbitration as outlined above.12. General Provisions12.1 Entire Agreement:
These Terms, combined with any additional agreements or policies mentioned herein, form the complete understanding between you and Coach with Elevate, LLC ("Elevate") concerning the subject matter herein. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and Elevate unless stated otherwise.12.2 Severability:
If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.12.3 Waiver:
Elevate's failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Elevate.12.4 Assignment:
You may not assign or transfer these Terms without Elevate's prior written consent. Any attempt to do so without consent will be void. Elevate, however, may freely assign or transfer these Terms.12.5 Amendment:
Elevate reserves the right to amend these Provisions at any time by posting the revised Provisions on the Platform. Your continued use of the Platform or Services following the posting of revised Provisions constitutes your acceptance of the changes.