Terms of service.
The terms and conditions below apply to all coaching and mentoring services provided by Lindsay Mastro (“the coach”), to any individual or organization (“the client”) and constitute the contract for the service to be provided by Lindsay Mastro for the client. The term ‘coaching’ as here used covers life coaching, personal coaching, personal development, intuitive coaching, intuitive development, 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, Lindsay Mastro, as well as information on this website (lindsaymastro.com) are meant to help you work through development of your intuitive gifts and finding comfortability with authenticity in work and in life. Coaching is not a substitute for professional mental health care or medical care.
The term ‘coaching’ as used here covers life coaching, intuitive coaching, and personal coaching, but it also extends to executive coaching and business coaching for clients.
Lindsay is continually striving to ensure the standard of service she provides to its clients remains excellent. At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a feedback form.
Coaching Disclaimer
In committing to 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 counselor 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, virtually or in person.
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, she will do so to the extent the law requires.
Privacy
Your use of Lindsay Mastro, Medium & Mentor services is subject to the Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
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, Slack, Zoom and any other technology.
Electronic Communications
Visiting lindsaymastro.com, sending emails to its domain addresses, or communicating via phone, Zoom, or Slack constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
Lindsaymastro.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lindsay and Lindsay is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lindsay is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lindsay of the site or any association with its operators.
Certain services made available via lindsaymastro.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the lindsaymastro.com domain, you hereby acknowledge and consent that Lindsay may share such information and data with any third party with whom Lindsay has a contractual relationship to provide the requested product, service or functionality on behalf of lindsaymastro.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use lindsaymastro.com strictly in accordance with these Terms of Service. As a condition of your use of the Site, you warrant to Lindsay that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof and any software used on the Site, is the property of Lindsay or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer of sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lindsay content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lindsay and copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lindsay or our licensors except as expressly authorized by these terms.
International Users
The Service is controlled, operated and administered by Lindsay from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Lindsay Mastro Content accessed through Lindsay in any country or in any manner prohibited by applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Lindsay, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lindsay reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lindsay in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and the judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Services or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.
Class Action Waiver
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Lindsay agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Lindsay and/or its third parties may make improvements and or changes in the site at any time.
Lindsay and/or its third parties make no representation about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable
law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Lindsay and/or its third parties hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Lindsay and/or its third parties be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the site and services, with the delay or inability to use the site or related services, the provision of or failure to provide services or for any information, software, products, services and related graphic obtained through the site or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Lindsay or any of its third parties has been advised of the possibility of damages because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site or services, or with any of the Terms of Service, your sole and exclusive remedy is to discontinue use of the site and services.
Termination/Access Restriction
Lindsay reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in Syracuse, NY in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lindsay as a result of this agreement or use of the Site. Lindsay’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lindsay’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lindsay with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lindsay with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lindsay with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Terms & Conditions
The coaching schedule will be arranged between the Coach and the client and can be booked up to 3 months in advance. Lindsay 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), Lindsay 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 Lindsay 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 either via Zoom, Slack, FaceTime audio or by telephone direct. The client is responsible for attending the format of the call. The coach is open to other formats by mutual agreement. Lindsay is responsible for ensuring that she 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.
Changes to Price
Lindsay reserves the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in the Terms of Service, any price changes will take effect following notice to you.
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. Lindsay agrees to maintain her 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, using the “Stripe” payments gateway linked to the “Calendly” bookings platform. Alternatively payments by standing order or by bank transfer may be made by mutual agreement.
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 Lindsay in advance of a coaching session Lindsay 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
Lindsay 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 Lindsay by phone, e-mail, or Slack 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. Lindsay 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 Lindsay may need to rearrange a coaching session. In those instances she 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, Lindsay 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 Lindsay where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
Responsibilities
Lindsay 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. Lindsay 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.
Refunds
Payments are non-refundable and there are no refunds or credits for partially used periods.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such refund, and the decision to provide them, are at Lindsay’s sole and absolute discretion. The provision of refunds in one instance does not entitle you to refunds in the future for similar instances, nor does it obligate Lindsay to provide refunds in the future, under any circumstance.
Medium Disclaimer
Lindsay makes no representation or warranty, express or implied, as to the information, content, materials, or services offered under the Lindsay Mastro Medium Services. By booking Lindsay Mastro Medium Services, you explicitly acknowledge that all readings and advice arising therefrom are provided and intended for the sole purpose of entertainment. No consultation with Lindsay is intended to, nor would it ever, take the place of the services of a medical, legal, financial, business and/or mental health professional. Lindsay will always encourage and also may refer one to seek advice from a qualified expert for formal guidance on such and related matters. Lindsay does not accept any liability and/or responsibility for any action(s) and/or decision(s) any client may choose to take or make stemming from their consultation with Lindsay. You will indemnify and hold harmless Lindsay, their heirs, relatives, successors, agents, employees, and assignees in perpetuity against any and all claims and actions arising out of your consultation with Lindsay, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from said consultation.
Code of Ethics
By enlisting the services of Lindsay, you are agreeing to the following Code of Ethics:
1. The purpose of Lindsay’s readings is to empower the client. If you are seeking a purely predictive reading, you may wish to contact a different style of reader.
2. Lindsay or her readers will interpret intuitive tools to the best of their ability, will conduct the reading with honesty and openness, and if they cannot interpret the tools clearly they will tell you that.
3. Lindsay or her readers will keep everything a client says and everything that is revealed in a reading 100% confidential, unless the situation is possibly life-threatening.
4. Lindsay’s readings are non-judgmental, and we welcome clients of all cultures, religions, spiritual paths and sexual orientations.
5. Lindsay will not do a reading to see what someone other than the client is doing or feeling, nor will they do a reading for anyone under 18 years old.
6. Lindsay will strive to give clients positive direction and guidance, to help them to find practical and empowering courses of action.
7. Lindsay or her readers will not give advice in areas for which they are not qualified. If the client needs a physician, psychologist, lawyer, financial advisor, accountant, or any other professional service for which the reader is not qualified, they will encourage them to seek such service from someone who is qualified in that area.
8. Our readers will constantly strive to improve their reading skills, and to always be learning and growing.
9. The intention when doing a reading is to serve the best interests of the client and all concerned without causing harm or wishing to deceive.
10. Lindsay reserves the right to refuse to do a reading for a question that they feel they cannot answer, or one that goes against this Code of Ethics.
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 Lindsay and the client and confirmed by Lindsay in writing by email or letter. In other cases, Lindsay 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 Lindsay.
Governing Law
This contract is governed by the law of England 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 hello[at]lindsaymastro.com