Terms and Conditions

The Coach

The “Coach” is defined in these terms and conditions as Selling Solutions Inc. (operating under trade names Negotiating Coach and negotiatingcoach.com). Selling Solutions Inc. is an Ontario, Canada corporation.

The Client

The “Client” is the individual, corporation, LLC, or entity that purchases a negotiating coaching package, a corporate group coaching package, consulting services, and/or digital products from the negotiatingcoach.com website.

Services

The negotiating coaching package(s) (“Services”) and/or the digital products (“Products”) purchased by the Client are described in detail on the respective sales page(s) via the negotiatingcoach.com website and related e-commerce checkout or payment apps at the time of purchase.

The Coach agrees to use his best efforts to provide the Services for the one-on-one negotiating coaching package – or the group coaching package purchased by the Client. The Services are described on the respective negotiating coaching sales/landing on the negotiatingcoach.com website at the time of purchase.

Products

The digital products (“Products”) purchased by the Client are described in detail on the respective sales page(s) on the negotiatingcoach.com website and any related e-commerce checkout or payment apps at the time of purchase.

Also, the Client may have agreed to purchase stand-alone or bundled digital Products (E-books, PDF documents, an MP3 Audio Learning Program, etc.) via the negotiatingcoach.com website. The Client agrees to abide by the terms and conditions protecting the Coach’s copyright, intellectual property, and trademark rights. The Coach is not obligated to provide coaching or consulting services when the Client purchases Products.

Description of the Coaching

The negotiating coaching “Services” provided by the Coach will be specific and limited to negotiating-related situations/scenarios for business and personal negotiations. The Coach will provide coaching advice and recommendations professionally. The Coach will give honest feedback and advice based on the Coach’s coaching style and in a way to bring about the desired results.

The coaching “Services “will focus on troubleshooting specific negotiating situations and providing skill-building advice to enhance the Client’s understanding of the negotiating process, planning and preparing for negotiations, strategies, tactics, techniques, tips, questions, and questioning techniques that can be used in negotiations to optimize outcomes.

Refund Policy

The Coach does not provide a full or partial refund for the purchase of any negotiating coaching or consulting services and/or digital learning products from the negotiatingcoach.com website.

Procedure for Booking Negotiating Coaching Phone Calls or Zoom Meetings

The dates and times for the coaching phone calls or Zoom meetings will be determined by the Coach and Client based on the availability of the Coach. The Coach will e-mail the Client to schedule all coaching sessions. The Coach will initiate all scheduled coaching sessions by booking the date and time using the Coach’s Calendly app.

The Client may receive a link to access the Coach’s Calendly app to request the session based on available dates and times. The Client is responsible for their respective long-distance phone and Internet Data costs.

Duration of the Coaching Sessions

The phone or Zoom negotiating coaching session(s) will be 60 minutes long – unless the Coach and Client mutually agree to shorten – or extend the duration of any coaching session.

The Policy for Cancellation of a Coaching Session

The Client agrees to provide the Coach with a minimum of twenty-four hours advance notice to cancel and reschedule any telephone or Zoom call or an in-person negotiating coaching session.

The Client will be permitted to cancel and reschedule only one negotiating coaching session of the package of coaching hours purchased by the Client. In good faith, the Coach will attempt to reschedule the cancelled coaching session with the Client to a mutually convenient date and time. Rescheduling of the coaching session will be at the discretion of the Coach and subject to the Coach’s availability.

The Coach-Client Relationship

The Client understands that to enhance the coaching relationship, the Coach and Client agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the negotiating coaching session(s).

The Client is solely responsible for creating and implementing their physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of – or resulting from the coaching relationship and their coaching sessions and interactions with the Coach.

As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction or any direct or indirect result of any Services or Products provided by the Coach. The Client understands coaching is not therapy and negotiating coaching sessions do not prevent, cure, or treat any mental disorder or medical disease.

The Client acknowledges that negotiating coaching can be a comprehensive process involving different areas of their life, including work, business activities, finances, and relationships. The Client agrees that deciding how to handle these issues, incorporating the negotiating coaching principles into those areas, and implementing the negotiating process, strategies, tactics, techniques, tips, questions, and questioning techniques is exclusively the Client’s responsibility.

Termination of the Coaching Agreement

Once a negotiating coaching package is purchased, the Client can terminate the agreement. If the Client terminates the agreement, no full or partial refund will be issued to the Client. If the Coach cancels the agreement for any reason, the Coach will refund any remaining portion of the fee paid by the Client.

Disputing Charge(s) made to the Client’s Credit Card(s)

The charge for Services or Products will appear on the client’s credit card statement as a charge from Selling Solutions Inc.

Should a dispute arise – or if there is confusion regarding charges to the Client’s credit card, the Client may decide to process a charge-back dispute with their credit card company concerning the fees charged to the Client’s credit card for services and/or products that the Client purchased and delivered by the Coach. The Client agreed to the Coach’s no-refund policy at the time of purchase.

Indemnification, Guarantee, and Warranty

The Client, its agents, and servants agree to defend, indemnify, and hold the Coach (Selling Solutions Inc. and Michael E. Sloopka), its subsidiaries, and respective directors, officers, agents, and employees harmless from any claim, demand, cause of action, or the like for all damage caused by all acts, omissions, and/or errors made by the Coach in the performance of any services or purchase of its digital products.

The Coach states that all coaching Services and any supporting materials are provided to the Client for illustrative and educational purposes only. No guarantee, warranty, and/or liability is assumed or taken for any use and/or misuse of any Services purchased by the Client.

Limited Liability

Except as expressly provided in this Agreement, the Coach makes no guarantees, representations, or warranties of any kind or nature, express or implied, concerning the negotiating coaching services and/or digital products provided. The Coach shall not be liable to the Client for any indirect, consequential, or special damages.

Notwithstanding any potential damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount paid to the Coach under this Agreement for all coaching services and digital products purchased by the Client.

Confidentiality

This coaching relationship, as well as the information (documented or verbal) that the Client shares with the Coach, as part of this relationship, will be treated confidentially. However, the Coach-Client relationship is not considered a legally confidential relationship, and thus communications are not subject to the protection of any legally recognized privilege.

The Coach agrees not to disclose any information about the Client without the Client’s written consent. The Client agrees to allow the Coach to use written recommendations or testimonials provided by the Client on the Coach’s website(s). The Coach will not disclose the Client’s name as a reference without the Client’s consent.

Confidential Information does not include information that: (a) was in the Coach’s possession before the Client is furnishing it; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without the use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to
disclose; (f) is disclosed to the Coach, and as a result of such disclosure, the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others, and (g) involves illegal activity. The Client also acknowledges their continuing obligation to promptly raise confidentiality questions or concerns with the Coach.

Intellectual Property and Confidential Information

All materials provided to the Client remain the property of Selling Solutions Inc. (“Selling Solutions Property”). Selling Solutions Inc.’s property includes, without limitation, all related content, processes, methodologies, structures, programs, headings, tables/charts, materials, information, diagrams, analyses, data, software, databases, case studies, and drawings.

The Negotiating Coach^® and negotiatingcoach.com^® logos and registered trademarks are owned by Selling Solutions Inc. Selling Solutions Inc.’s Property is not to be copied, scanned, duplicated, photographed, recorded, transcribed, uploaded, downloaded, presented, or used in any fashion, in any format (including, without limitation, electronic or on a website or Intranet), in whole or in part, without prior written permission from the Coach.

The Client and its affiliates and their respective employees, contractors, and agents shall not directly or indirectly make, have made, use, sell, copy, modify, distribute, provide access, translate, transmit, perform, present, or disclose the Coach’s Property to any person on an in-house basis or to any third party without (i) the prior written permission of the Coach and (ii) the entering into of a license agreement with, and payment of corresponding license fees to the Coach.

The Coach and its agents shall have the right to audit the client’s and its affiliates, contractors, and agents’ facilities and records to ensure compliance with this agreement. Failure to comply with this agreement may constitute an infringement of copyright, patent, trademark, and trade secret laws and shall be enforced to the maximum extent permitted by law.

The Intellectual property protection shall survive the termination and/or expiration of the agreement between the Coach and Client for the services performed/completed as outlined in this agreement.

Non-Defamation of the Selling Solutions Inc., negotiatingcoach.com, and Michael E. Sloopka

The Coach welcomes honest, fact-based reviews of the coaching services and/or digital products (E-books, PDF documents, and MP3 Audio Learning Program) provided to the Client. The Client is prohibited from making or posting false, inaccurate, or misleading reviews and information about the Coach on any social media platform or medium. The Client is also prohibited from making false, inaccurate, or deceptive statements or posting reviews that discredit the Coach’s reputation. The Coach is entitled to request that the Client alter or delete any potentially false, misleading, and damaging reviews or statements from any social media platform or medium. The Coach reserves the right to pursue legal action against any Client who posts false, misleading, or inaccurate reviews or information that damages the Coach’s reputation.

Jurisdiction

The terms and conditions of this agreement shall be governed under the laws of the Province of Ontario, Canada. Any dispute shall be brought before the courts in the Province of Ontario.

Force Majeure

The Coach shall not be liable for any failure to perform or for any delay in completing the “Services” but only to the extent and for the duration that such failure or delay is occasioned by force majeure (including, but not limited to, COVID-19 pandemic, pandemics, epidemics, Government-imposed healthcare emergency lockdowns/shutdowns, fire, weather, airline service disruption, airline cancellations, customs/immigration issues, terrorist activity, embargo, labour strike, technology glitches and failures, hospitalization, illness, vacation, statutory holiday or any circumstances beyond the Coach’s control that shall prevent the Coach from providing the “Services” in the ordinary course of its business.

Dispute Resolution

Suppose a dispute arising from this Agreement cannot be resolved by mutual consent. In that case, the Client and Coach agree to attempt to negotiate a mutually acceptable solution in good faith.

Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with each provision of this Agreement.

Transferability

Neither the Client nor Coach can assign or transfer any obligation, service, or aspect of this agreement. Any unused negotiating coaching time/sessions can only be transferred, assigned to, or used by any other party with the Coach’s express written permission and approval.

Entire Agreement

These terms and conditions reflect the agreement between the Coach and the Client. Acceptance of these terms and conditions reflects a complete understanding of the parties concerning the subject matter. This Agreement supersedes all prior written and oral representations. The terms and conditions of this Agreement may not be amended, altered, or supplemented except in writing, agreed to by both the Coach and the Client.

Communication

If the Client wishes to communicate with the Coach regarding these terms and conditions, the Client needs to communicate in writing as follows:

Selling Solutions Inc.
3-304 Stone Road West, Suite 715
Guelph, Ontario
N1G4W4
Attention: Michael E. Sloopka
E-mail: michael@sloopka.com