Terms of Service
Introduction
Thanks for visiting Coach Bott.com. These Terms of Service ("Terms"), cover your use and access to the products, services, webinars, software, platform, links and website (collectively, "Services") provided by Coach Bott. By using our Services, you agree to be bound by these Terms as well as our Privacy Policy.
This is not a site that provides medical advice, thus information on Coach Bott.com is not a substitute for medical advice—only a licensed physician can provide that.
You must be the legal age of majority in your country of residence or otherwise able to form a binding contract with Coach Bott in order to use the Services. In no event is use of the Services permitted by those under the age of 18 without the consent of a legal guardian.
Payment & Refund Policy
All services rendered must be booked and paid for in advance. This ensures a spot on the Coach Bott Client Roster. We gladly offer refunds for billing or booking mistakes made on our end. If you change your mind and want to cancel a service that you paid for upfront, we can give you a refund. Unless you have a good reason, we don't give refunds for services that you've already used or products you have downloaded.
Private Coaching
If you engage Coach Carmen Bott to provide performance coaching privately, you will enter into a separate engagement that creates a coach-client relationship. Additional terms and conditions will apply in that situation and will be provided to you prior to entering into the Coach-Client Engagement. Until those are signed off, Coach Carmen Bott is under no duty to act as your coach, unless and until a contract is signed by both you and Coach Bott.
Preservation of your documents
Coach Bott does not claim ownership of any documents you either create, upload or email. You grant permission for Coach Bott to use your Documents in connection with providing Services to you.
You acknowledge and agree that Coach Bott may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Coach Bott, its users and the public. You understand that the technical processing and transmission of the Service, including your Documents and other content, may involve transmissions over third party networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Consent to Receive Emails
By creating an account with Coach Bott, you agree that you may receive communications such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from promotional communications by clicking the "Unsubscribe" link in the footer of the actual email. You cannot opt out of essential communications regarding your account, such as renewal notices, personalized engagement contracts and medical history forms.
Intellectual Property Rights; License Grant
Coach Bott retains all right, title and interest in and to its products and Services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, articles, document templates and all related intellectual property rights.
Coach Bott does not permit others to: reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and Services (other than documents you create through your membership, which you may use for your own personal use); sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and Services; or circumvent or disable any security or technological features of our products and Services.
The design, text, graphics and selection and arrangement of our Services and the legal forms, documents, guidance and all other content found on our Service ("Service Content") are copyright Coach Bott. All rights reserved.
Links to Third Party Sites
Coach Bott Service may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Site(s)." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Coach Bott does not control, endorse or monitor the contents of any Linked Site.
Termination of Services
Coach Bott reserves the right, in its sole discretion, to downgrade or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of some or all of the Services if you violate these Terms or use the Services, fail to disclose pertinent information in a manner that may expose us to legal liability, disrupt the Services or disrupt others' use of the Services.
If Coach Bott elects to terminate services provided you will receive notice at your registered email address. Coach Bott also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Coach Bott will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership or access to the Services.
Disclaimer of Representations and Liability
*Please read this section carefully as it affects your rights
The information, software, products, and Services made available through Coach Bott may include inaccuracies or typographical errors. Coach Bott reserves the right at any time to modify, improve, suspend or deprecate certain features of our Services.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS:
This Agreement is entered into between Coach Bott Consulting Services (the “Consultant”) and the undersigned (“you”). The provision of Coaching and or Consulting services by the Consultant to you, and your use of any premises, facilities or equipment operated by the Consultant are contingent upon your acceptance of the terms of this Agreement.
MEDICAL HISTORY & WAIVER:
You agree that you have completed the Medical History questionnaire on the Coach Bott Intake Form without omission and to the best of your ability.
You also attest to the following conditions without omission and to the best of your ability prior to each, in-person training session and will alert the consultant if anything changes, prior to the training session:
- I am not currently experiencing COVID-19 or other Flu symptoms nor have I experienced COVID-19 or Flu symptoms in the last 5 days.
- I have not been advised by the Government of Canada, British Columbia Provincial Health Services Authority (or a similar public health authority or government health website), the Provincial Health Officer, a doctor or a health care worker to self-isolate due to possible exposure to COVID-19 or the Flu.
- I have not provided care or had close contact with any person with COVID-19 or the Flu, reasonably suspected of having COVID-19 or the Flu or who travelled in the last 14 days.
SAFETY PROTOCOLS:
Masks mandate guidelines are set forth by the B.C.A.K. for all indoor facilities. This may change from time to time.
ASSUMPTION OF RISK:
You agree if you engage in any physical exercise or activity, including athlete training, or enter the Consultant’s premises (the “Premises: Garage Gym or Field”) or use any facility or equipment on the Premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injuries or damages arising out of the negligence of the Consultant, whether active or passive, or any of Consultant’s affiliates, employees, agents, contractors, representatives, successors and assigns. You assume the risk of your participation in any activity, instruction, or event, including but not limited to: Weightlifting, sprinting, plyometrics, warm-ups, return to sport protocols or stretching, or any other sporting endeavour (collectively the “Activities”). You understand and acknowledge that the Activities may involve strenuous exercise and you may be injure yourself or be injured as a result of such participation. You agree that you are voluntarily participating in the Activities, and may elect not to perform any or all of the Activities. You agree to assume all risk of injury, illness, damage, or loss to you or your property that might result for your participation in the Activities, including, without limitation, any physical injury to you, and any loss or theft of any personal property, whether arising out of negligence of the Consultant or otherwise.
RELEASE:
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Consultant, and its affiliates, related entities, employees, contractors, agents, representatives, successors and assigns (collectively the “Releasees”) from any and all claims or cause of action (known or unknown) arising out of the negligence of the Consultant whether active or passive, or any of the Releasees.
INDEMNIFICATION:
You hereby agree to indemnify and hold the Releasees harmless from any and all liability and cost resulting from any loss, personal injury, property damage to any third party resulting from your participation in the Activities.
COACH BOTT ACKNOWLEDGMENTS:
You expressly agree that the foregoing release, waiver, assumption of risk and indemnity Agreement is intended to be as broad and inclusive as permitted by the law in the province of British Columbia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against the Consultant for any of the Releasee’s negligence, or for any defective product used by yourself or a Releasee in the course of the provision of athlete training services by the Consultant. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made. You agree that you are of the full age of nineteen (19) years, or that you are the parent or legal guardian of the child and have full authority to agree to this Agreement on their behalf.
MEDIA RELEASE (for clients over 18 years of age):
Coach Bott may photograph or videotape my sessions, and that Coach Bott retains the rights to use these recordings with MY EXPRESSED PERMISSION, and may employ any or all of these for commercial and non-commercial purposes without payment of any kind and without further notice or further permission.
CONFIDENTIALITY:
I understand that most of my conversations with my Performance Coach are confidential. The Personal Information Protection Act governs how someone’s personal information may be collected, used and disclosed in the private sector, while recognizing the right of individuals to protect their personal information. At times it may be beneficial to share information with coaches or other members of the "Coach Bott Paramedical Performance Team" about my participation and progress. I understand that, with my knowledge and consent, information pertinent to my athletic performance may be disclosed to my coach or to other members of the paramedical team.
REVIEW:
You hereby agree and acknowledge that you have carefully read and reviewed this Agreement, that you fully understand that it is a release of liability, and that you are waiving any right that you may have to bring legal action to assert a claim against Coach Bott Consulting Services.
Entire Agreement Summary
These Terms constitute the entire agreement between you and Coach Bott with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. We encourage users to periodically review the Terms to ensure that you understand them in their entirety.
If you have any questions or concerns, please email Coach Bott at any time.