Terms & Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the services provided by Level One Agency, LLC. dba Powerhouse Coaching & Consulting (referred to as "Powerhouse Coaching & Consulting", "us", "we", or "our").

Your access to and use of the services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all clients ("Clients", "you", or "your") who engage with Powerhouse Coaching & Consulting for the provision of services.

By accessing or using the services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the services.

Terms & Conditions

1. Services Provided

The compensation for services provided by Powerhouse Coaching & Consulting will be outlined in the agreement or proposal specific to the service engaged by the Client. The agreed-upon compensation does not include promotional pricing or discounts unless otherwise specified.

2. Compensation

Once the initial payment is complete, any remaining payments will automatically be processed every month after the Effective Date and there are no refunds once payment has been processed. By making payment, you agree to forfeit the remaining project completion and investments made for the project in the event that your payments fail after 3 attempts. 

3. Automatic Payment Processing Clause

The Contractor reserves the right to discontinue or delay the completion of the service or choose not to complete requested services included in DELIVERABLES if payment is not received as outlined in the payment plan section of this agreement. Payments not paid within 5 days of the due date will result in the termination or postponement of the service. Postponed services due to non-payment will result in a $500 rescheduling fee that must be paid to reschedule and/or restart services. By not making payment, you agree to forfeit the remaining service completion and investments made for the service in the event that your payments fail after 3 attempts. 

4. Non-Payment & Late Fees 

By initialing here, you, Client, hereby authorize the Contractor to charge your bank account, debit, and/or credit card for any owed payment amounts for services in accordance with the terms of this Agreement. If you dispute or contest any charge after we process payment, to the extent permitted by law, you hereby agree not to cancel, revoke, request a chargeback, or dispute any prior charge retroactively. If you do dispute a charge and the financial institution determines that the charge was made correctly, you expressly consent to reimburse the Contractor for any expenses, costs, legal fees, or disbursements incurred as a result of the contested charge, cancellation, revocation, chargeback or dispute.

5. Chargebacks & Payment Disputes

All Services are non-refundable. If the Client decides they no longer want to move forward with the service, all service fees will be forfeited.

6. REFUNDS

If the Client requests additional services outside of the agreed-upon Scope of Services as described above, there will be additional charges. The Client will receive another agreement and invoice for the additional services.

7. ADDITIONAL SERVICES

The Contractor will provide applicable scheduling availability to the Client. It is the Client's responsibility to schedule any sessions not already scheduled. If the Client needs to reschedule or cancel a session, please provide at least 24 hours' notice by emailing the Contractor at the designated email address to allow for appropriate adjustments. If an emergency occurs, email the Contractor as soon as possible.

8. Scheduling and Rescheduling

Whether the (“Appointment”) is in person, by phone, or via video, Client will initiate all scheduled Appointments at the appointed time. If the Client initiates the Appointment more than ten (10) minutes after the appointed time, the appointed time will have to be rescheduled. If the Client anticipates being late, please notify the Contractor in advance. Depending on the delay, the session may be rescheduled. If it’s less than 10 mins, the session will still end at the scheduled time to ensure fairness to other clients.

9. LATE ARRIVAL

If the Client fails to attend a scheduled session without prior notice, it will be considered a "no-show." No-shows may be subject to the session being counted as used and may impact the overall progress of the coaching program.

10. No shows

Repeated incidents of rescheduling, cancellations, or no-shows may result in additional fees.

11. repeated incidents

Services are rendered based on the current features provided by the Client's selected and approved software systems. Any features released or launched by the Client's selected software systems after the workflow mappings are created will not be included in the Client's service but can be visited or addressed in a separate service or project.

12. feature releases

The Client expressly acknowledges that the Contractor has developed a system and framework as well as associated software, materials, trade secrets and know-how to provide the Services (the “Systems”). Client acknowledges that any rights in any improvements to the Systems made as a result of or in connection with the performance of the Services (including any suggestions made by Client) shall be owned by the Contractor (and the Client waives all moral rights in favor of the Contractor in this regard).

13. intellectual property

For the purposes of this Agreement, “Confidential Information” means all confidential information disclosed by one Party to the other Party in the course of the Contractor providing the Services. Each Party agrees to treat the other Party’s Confidential Information as confidential. The restrictions imposed by this Section shall not apply to the disclosure of the Confidential Information which (i) is now, or which hereafter, through no act or failure to act on the part of the receiving Party, becomes generally known or available to the public without breach of this Section; (ii) is known to the receiving Party at the time of disclosure of such Confidential Information; (iii) is hereafter furnished to the receiving Party by a third party who is not bound by an obligation of confidentiality with respect to such information; (iv) is independently developed by the receiving Party without use of or reference to the Confidential Information; or (v) is required by law to be disclosed, provided however that, in the event disclosure is required by law, the receiving Party will, if legally permitted and only to the extent legally permitted, provide the disclosing Party with prompt notice of such requirement in order to enable the disclosing Party to seek an appropriate protective order if it so wishes. 

14. confidentiality 

The Client shall indemnify and save the Contractor and its shareholders, directors, officers, employees and agents (collectively the “Coach Parties”) harmless against any and all claims, actions, losses, expenses, damages, costs and fees (including reasonable legal fees) of every nature and kind whatsoever which the Coach Parties may suffer as a result of any breach by the Client of its obligations set out in this Agreement.

Client acknowledges that the Services are not a guarantee of results. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions, and results. As such, Client agrees that Contractor will not be liable for any actions or inaction, or for any direct or indirect result or effect of any Services provided by Contractor. Client understands coaching is not therapy and does not substitute for therapy and does not prevent, cure, or treat any mental disorder or medical disease, and that coaching is not to be used as a substitute for professional advice by legal, mental, medical, financial or other qualified professionals. Furthermore, Client acknowledges and agrees that none of the Coach Parties, individually or collectively, have assumed or undertaken any fiduciary relationship or obligations in favor of Client. 

In no event shall the Coach Parties be liable to the Client or to any other party for any indirect, incidental, special or consequential damages, or damages for lost profits or loss of business, arising out of or in connection with this Agreement, however caused and under any theory of liability, whether based in contract, law or other theory of liability, regardless of whether the Coach Parties were advised of the possibility of such damages. In no event shall the Coach Parties’ liability arising out of or in connection with this Agreement exceed the amounts paid by the Client to the Contractor under this Agreement for the Services giving rise to such liability over the last twelve (12) calendar months preceding the date of any dispute. 

The Services are being provided “as is, where is”, without any promises, representations and warranties, whether, express, implied or statutory, by the Contractor, including without limitation any warranties of merchantability and fitness for a particular purpose. 

15. Indemnification, no Reps and limitation of liability 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, United States. Any disputes arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of North Carolina.

16. Governing Law and Jurisdiction

By engaging with the services provided by Powerhouse Coaching & Consulting, Clients acknowledge that they have read, understood, and agreed to these Terms and Conditions.

17. Agreement Acknowledgment