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.
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.
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.
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.
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.
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.
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”.
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.
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.
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.
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.
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.
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.
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 about the service is welcomed and can be given during a coaching session or by writing to Brandontobias.com
After receipt of initial payment for any and all of the services and/or products offered by Brandon 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 to receive a full refund during and/or immediately after (before the 1st scheduled session) the initial video/“Zoom” call. During this initial call 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 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.