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Brandon Tobias Spiritual Coaching

Terms and Conditions

 

The terms and conditions below apply to all coaching and mentoring services provided by Brandon Tobias (“the coach”), to any individual or organization (“the client”) and constitute the contract for the service to be provided by Brandon Tobias for the client. The term ‘coaching’ as here used covers life coaching, personal coaching, personal development, trauma recovery, executive coaching and business coaching for clients and where applicable includes mentoring or supervision services provided for clients, coaches or others.

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In the spirit of good practice, when you are purchasing coaching services from me I ask you to confirm that you have read and agreed to each statement below and that you wish to proceed.

All coaching services and communication, email or otherwise, delivered by myself, Brandon Tobias, as well as information on this website (brandontobias.com) are meant to help you work through trauma to help you find your greatest purpose in life – to understand your own energy better, to embrace it, and to overcome emotional challenges in order to move forward into happiness, well-being and abundance. Coaching is not a substitute for professional mental health care or medical care.

The term ‘coaching’ as here used covers spiritual coaching and personal coaching, but it also extends to executive coaching and business coaching for clients.

Brandon is continually striving to ensure the standard of service he provides to its clients remains excellent.

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Coaching Disclaimer

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In committing to spiritual coaching with me, you acknowledge the following:

  • You understand that the coaching services you will be receiving from your Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand that your Coach is not acting as a mental health counsellor or a medical professional.

  • For legal purposes, you understand that coaching is currently an unregulated industry and that your Coach is not “licensed “ by any US body even though the sessions may take place in the United States or elsewhere in English.

  • You understand and agree that you are fully responsible for your well-being during your coaching sessions and subsequently, including your choices and decisions.

  • You understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy.

  • You understand that all comments and ideas offered by your Coach are solely for the purpose of aiding you in achieving the defined goals you create with your Coach. You have the ability to give your informed consent, and hereby give such consent to your coach to assist you in achieving such goals and understand that results are not guaranteed.

  • You understand that to the extent our work together involves personal development, career or business, your Coach is not promising outcomes included but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability and/or business success.

 

Data Protection

You understand that your Coach will protect your information as confidential unless you state otherwise in writing. If you report child abuse, elder abuse or neglect or threaten to harm yourself or someone else, you understand that necessary actions may be taken and your confidentiality agreement may be limited in this capacity. Furthermore, if your Coach is ordered by a court to provide information or to testify, he will do so to the extent the law requires.

 

Data Security

You understand that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, WhatsApp, Skype and any other technology.

 

Waiver

You hereby release, waive, acquit and forever discharge your Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by your Coach as a result of the advice given by your Coach or otherwise resulting from the coaching relationship contemplated by this agreement.

You further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to you to sign this agreement. This agreement shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

 

Terms & Conditions

The coaching schedule will be arranged between the Coach and the client and can be booked up to 3 months in advance. Brandon will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.

Where no specific number is agreed sessions will be provided on a session by session basis.

In return for the fees payable by the client (or by a third party on their behalf), Brandon agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).

The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Brandon to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.

 

Format of Sessions

Sessions are by phone, Marco Polo (Video Communication App), or Zoom. In all cases the client is responsible for calling the coach. The coach is open to other formats by mutual agreement. Brandon is responsible for ensuring that he is available for consultation at agreed times.
The length of each session set by the client at the time of booking on the appointment booking platform and paid for accordingly at the time of booking. Sessions may over-run by mutual agreement and paid for retrospectively, but only if the Coach has no commitments immediately following the session.

 

Session Fees

Brandon’s current fees are stipulated on the website and made clear at the time of booking. He reserves the right to change these from time to time. Any payments for sessions paid in advance are honored even if prices have risen between the point of booking and the time of session.

 

Dates and Times of Sessions

The date and time of the first session and any subsequent session will be registered on the online agenda (“Calendly”) maintained on the website. Brandon agrees to maintain his availability to match that presented by the website, and to honor the sessions booked through the “Calendly” online bookings platform.

Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.

 

Payment Terms

Fees can be paid online by debit or credit card, or by PayPal, the payments gateway linked to the “Calendly” bookings platform. Alternatively payments by standing order or by bank transfer may be made by mutual agreement or by the bank transfer service known as “Zelle,” “Cash App,” “Venmo,” or any other mutually agreed upon money transfer service between Coach (Brandon), and prospective or current client.

Receipts and/or invoices are available, and where receipts are requested by the client, they will be sent by e-mail.

Fees are payable in advance of each coaching session unless otherwise agreed (Business Coaching may allow for payment on receipt of invoice). Where payment has not been received by Brandon in advance of a coaching session Brandon is not obliged to provide the session.

Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.

 

Between Sessions

Brandon may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.

The client may contact Brandon by “Marco Polo” (video communication App) or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. Brandon will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.

 

Rearranging Sessions

If a client needs to rearrange a coaching session, they should provide at least 48 hours notice. No refunds will be given to clients for unused coaching sessions unless 48 hours notice has been given. In exceptional circumstances Brandon may need to rearrange a coaching session. In those instances he will also give the client 48 hours notice where practical.

Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited.

 

Confidentiality

Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.

 

Early Termination

In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, actual or potential conflict of interest, or other reasons, Brandon can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Brandon where practicable and will be refunded any advance payments made for coaching sessions not yet provided.

 

Responsibilities

Brandon will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Brandon has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in trauma recovery, quality of life, career or business or to achieve their desired outcomes or goals.

 

Variation of Terms & Conditions

Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Brandon and the client and confirmed by Brandon in writing by email or letter. In other cases, Brandon may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Brandon.

 

Governing Law

This contract is governed by the law of the United States of America whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.

 

Feedback

Feedback about the service is welcomed and can be given during a coaching session or by writing to Brandontobias.com

 

Refunds

-Long Term Coaching Containers:

After receipt of initial payment for any and all of the services and/or products offered by Brandon (but specifically pertaining to the "Long Term Coaching Containers") offered via brandontobias.com, the payment/scheduling vehicle "Calendly," or via email or other forms of communication such as text or Zoom video call, received in full or partially, client will have a single opportunity, as a "good practice courtesy," to receive a full refund any time before, during and/or immediately after the "INTRO/30 minute ZOOM CALL," which precedes the 1st OFFICIAL 1 hour session of every Coaching Container Brandon offers. This point DOES NOT apply to single 1 on 1 "Transformation Sessions." Only products offered under "Long Term Coaching Containers" which last 1 month or longer as stated on this website. It is during this initial 30 minute/intro call that Brandon will verbally state as a courtesy (although it is the clients responsibility to read the terms and conditions herein stated in full) the refund policy and other highlights of the terms and conditions for the client to agree to. Brandon will ask and ensure that the client agrees to the terms and conditions of the coaching contract as written in entirety above. This video call will be recorded and serve as “proof” of the clients verbal acknowledgement and agreement of the contract Brandon and client both agree to adhere to and that binds them to this agreement. Client has until before the 1st scheduled coaching session to receive a full refund. If client does not inquire or ask about a full refund before this time, NO full refunds will be given. Brandon may, in certain circumstances which may determine the client to not be a good fit or for other reasons as explained by the client and at Brandon’s discretion, such as the client going through a dire and/or unexpected financial time of need, or for other reasons, determine a reasonable agreement to “pro rate” a refund amount and/or return some or all of money sent up front for which services have not yet been fulfilled. This is at Brandon’s sole discretion after the 1st official 1 hour/scheduled client coaching session has occurred after the initial Zoom meeting to go over Terms and Conditions officially. This would be the 2nd overall Zoom and/or video session held between Brandon and client which marks the end of the full refund period, after which Brandon can determine at his sole discretion how much to refund if any, with no obligation to return the agreed upon funds whatsoever. This is agreed upon by client and by Brandon during the initial Zoom meeting when Brandon and client meet for the 1st time and client verbally says “yes” or agrees verbally to the Terms and Conditions written above and highlighted by Brandon during the meeting. No changes may be made to this agreement or contract unless mutually agreed upon by client and Brandon and at Brandon’s sole discretion within the arrangement made at any point during the initial and ongoing sessions between client and Brandon. This agreement is final, binding, and determined both by client and Brandon upon and during the initial Zoom meeting and inherently agreed upon by client agreeing to begin or continue services with Brandon.

 

Refund Policy continued

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-1 on 1 Transformation Sessions: After receiving initial, one-time payment from a new client for a single, 1 on 1 "Transformation Session," Client has until 24 hours before scheduled session begins to receive a full, ONE TIME, no-questions asked refund without being charged any fees. Brandon will cover the 2.9%+30 cents fee from his payment processor Stripe as a courtesy to his client. However, AFTER scheduled session, if the client chooses to finish it even partially (5 minutes or more into the scheduled session) or in it's entirety, Brandon is under no obligation to refund any funds back to the client unless he chooses to do so in exceptional circumstances under his sole discretion. If the client wants to receive a refund for a scheduled 1 on 1 single session within 24 hours of it's scheduled time OR has already requested a refund for a session or any other product once before, Brandon may at his sole discretion charge the client the 2.9%+30 cents "fee" that Stripe (his payment processor) charges him to receive payment, BEFORE returning the full refund back to the client. Brandon is also under no obligation to refund the client at all in this particular circumstance UNLESS the client agrees to pay the 2.9%+30 cents "fee" to Brandon in order to release their initial payment back to them. This agreement is subject to Brandon's sole discretion and will typically only be utilized if the client has requested more than one refund in a short period of time or Brandon believes they are "abusing" the refund system. Brandon may choose at any time to refuse the refund of any client who has either partially (within 5 minutes of a session starting) or fully completed a scheduled session, and charge the above mentioned fee for clients who cancel before 24 hours, or who ask for a refund more than once in a reasonable period of time under Brandon's sole discretion. If a client requests a third refund within a reasonable period of time, Brandon may choose at his sole discretion to refuse to refund the entirety of said client's payment and/or refund it with the addition of the fee mentioned above, at Brandon's sole discretion, but is under NO OBLIGATION TO DO SO if these requirements are met (requesting a refund after partially or fully completing the session or requesting a refund for a third time within a reasonable amount of time for any of Brandon's products mentioned on this website or generally.) In general, Brandon seeks to be fair in this agreement under reasonable circumstances and have a "3 strike rule," with each strike containing a different level of incentive for the client to follow through on/with their initial payment and to prevent abuse of his refund policy and fees required to execute it. Brandon may also, at his sole discretion, alter or change any one of these rules above if there are exceptional circumstances creating the reason for a refund request, such as but not limited to: Dire need for client to have their money back, national or personal emergencies, extreme regret of payment or fear of working together/not being/feeling ready, an imminent concern for their own wellbeing or threat of homelessness and/or starvation, and other extreme circumstances. This is under the sole discretion of Brandon to decide if one of these reasons permits a client to their full refund or to waive the fee if payment has already been received by Brandon and client has/is requesting a refund.

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Refund Policy Continued

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-Personal Readings

Client may request a full refund UP UNTIL 24 hours of the day/time that Brandon has shared with the client through email they used at checkout (regardless if client still has access to it or checks it regularly) of their expected Reading date. After receiving payment for a reading Brandon will send the expected date of the reading (typically within 3-5 business days) sent back to the client's email used during checkout and stored on STRIPE (his payment processor) Only the last day mentioned can be used for this "24 hours" rule mentioned above. For example, Brandon shares to a client to their email used at checkout that a Reading will be done no later than the 24th or 25th of March 2025, client has up until 24 hours BEFORE the 25th (not the 24th) to request a refund in full to receive it, no questions asked. Brandon will, in general but at his sole discretion, follow the "3 strike rule" mentioned above (in the section regarding 1 on 1 "Transformation sessions") and permit 1 full refund per reasonable amount of time per client so long as the request is before 24 hours before the reading is scheduled to be sent via email back to the client. If the client requests a 2nd refund within a reasonable amount of time, Brandon may charge the fee of 2.9%+30 cents to the client before allowing their refund to go through, which is the same fee Stripe (his payment processor) charges him to receive a payment from a client and/or refund it, at his sole discretion. If client requests a refund a third time within a reasonable amount of time OR after receiving the Reading (even if they disagree with/are unhappy with it's contents) Brandon can and/or will decide to refuse said refund entirely at his sole discretion and for the long-term health of the business and his livelihood. If Brandon receives a payment for a reading and the client never confirms their correct correspondence email or does not send their questions to him (or Brandon never receives word from them at the email brandon.tobias888@gmail.com mentioned on this website), under Brandon's sole discretion he may deny a refund request in it's entirety OR if the client does not "claim" their Reading (send an email to Brandon with clear questions and intention for the Reading) within 6 months of payment. At/after this time, Brandon is under no obligation either to perform the reading nor refund it, although he may do either under exceptional circumstances only at his sole discretion.  

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Refund policy continued

-Audio only/follow up sessions (for clients who have already performed a Coaching Session or Container with him)

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The above "3 strike policy" mentioned above will apply to any other session or post-session that Brandon allows, creates, or determines is necessary for a client or that they have desired and/or requested from him which requires a fee or for an additional fee to be processed. All additional products, services, or offers will be subject to this general "3 strike policy" and will only be granted refund at Brandon's sole discretion and consideration of circumstances, this includes but is not limited to "audio-only" sessions or "follow up recordings" granted by Brandon after a client has already performed a 1 on 1 session or Coaching container with Brandon at and under his sole discretion. All other products offered by Brandon Tobias or by "brandontobias.com" will be subject to this rule without exception and at the sole discretion of Brandon Tobias. Considerations for exemptions of above policy and/or refunds of any/all products offered may be made by emailing him directly at brandon.tobias888@gmail.com and stating your case clearly.

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