This Agreement is entered into on this day by and between you (“Participant,” “you,” or “your”) and Dina Cataldo International, LLC (“Company”). This Agreement covers your participation in personal coaching with Dina Cataldo as well as the Be a Better Lawyer Framework (the “Program”).
1. REQUIREMENTS TO ENROLL IN THE PROGRAM
To participate in the Program, you must be accepted into the program after a Strategy Session.
2a. TERM OF AGREEMENT
This Agreement becomes effective the date that you agree to it and continues until the conclusion of the 6 month Program in which you have enrolled, unless earlier terminated. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of this Agreement. Some of your obligations under this Agreement will remain in effect after it expires.
(i) Last Minute Hearings/Client Matters/Family Emergencies
For last minute hearings/client matters/family emergencies, please notify me as soon as you know about it and reschedule it on my Strategy Session page here.
If you can’t find a spot on my schedule that works for you, I’ll add your session onto the end of your coaching package.
Please give me at much notice as possible.
If notice isn't given, I will count that session towards your coaching package, meaning you will lose that session.
(ii) Vacations/Special Events
For vacations or special events, please notify me 48 hours in advance of our session. Otherwise, I will count that missed session towards your coaching package, and you will lose that session.
We won’t have session on these holidays:
- New Years’ Day, January 1st
- Easter Sunday, April 1, 2024
- Independence Day, July 4th
- Memorial Day, May 27, 2024
- Labor Day, September 4th, 2023
- Martin Luther King, Jr. Day, January 15th, 2024
- Thanksgiving, November 23 and 24, 2023
- Christmas Eve, December 24th
- Christmas, December 25th
- New Years’ Eve, December 31st
If there are additional holidays you would like to observe (like Mothers’ Day, Fathers’ Day, Ramadan, etc.), please let me know as soon as possible, but at least 48 hours in advance.
You can reschedule our session on the Strategy Page here or we will add it on to your package.
For no-shows at sessions, that session will be counted towards your coaching package, and you will lose that session.
For all sessions rescheduled on the Strategy Session page, we will me at your original Zoom link. Please ignore the reminder email link.
This policy change will make it easier for clients who need to reschedule to find space on my calendar, and it will free up my time as well.
If you have any questions, please email [email protected].
Exceptions may be made on a case-by-case basis.
3. DELIVERY OF PROGRAM SERVICES
The Program includes digital online coaching by Dina Cataldo. During your Program, you may receive a password to access the Company’s private membership website (the “Site”), which includes:
- All Program materials, including videos, worksheets, and homework assignments; and
From time to time in the Company’s sole discretion, Dina Cataldo or another affiliated coach may conduct bonus live group coaching calls via video conferencing.
Your password is for your personal use only, unless otherwise specified, and you are responsible for securing it. You must enter the correct delivery email address when you order the Program to receive your password to access to the Program materials. If you enter the wrong email address, we are not obliged to re-send the order to another email address. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. We are not responsible if delivery of the Program content cannot be made due to your computer’s inability to accept the Program content via digital download. You agree that a delay in delivery shall not constitute a breach of this Agreement, and does not entitle you to cancel the Program.
You warrant that any information you submit to the Company when using the Program is owned by you and that you have the necessary authority to submit such information, including your payment information and email address.
4. FEES AND PAYMENT TERMSThe Program Fee is USD $10,000.00 and must be paid in full before you begin the Program. You will not receive access to the Program or Site until your Program Fee is paid in full. The Company may email you instructions regarding when your specific Program Fee payment is due.
5. COACH/CLIENT RELATIONSHIP AND RESPONSIBILITIES OF THE PARTIES
The relationship between the Coach and you is co-creative, meaning we are equal partners in the coaching process.
- Coach is trained to use her communication skills and coaching tools to support you as an equal partner throughout the coaching process.
- Coach will provide individual guidance to group participants based on information provided to her.
- Coach will answer questions through [email protected], Voxer or videos.
- Coach will not be acting in any capacity as a lawyer at any time
- While the coach will not share your information without permission (except as required by law), there is no similar client-attorney privilege in a coaching relationship. See “#9: Confidentiality” for additional details.
- You agree that your relationship with the Company and Coach is that of a coach-client relationship and that no lawyer-client relationship has been established.
- You agree coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
6. SITE AND CONTENT OWNERSHIP
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Site, or any third-party website the Company may use to distribute or host the Program materials, and contained in e-mails sent to you by the Company (collectively, the “Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
7. INTELLECTUAL PROPERTY RIGHTS
The Company’s Limited License to You
If you access the Site or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Site and Content for your own personal, non-business purposes only. You may not republish, reproduce, duplicate, copy, display, distribute to friends or family, or otherwise use any material from the Site or Content for commercial purposes or in any way that earns you money. By downloading, printing, or otherwise using the Site or Content for personal use you in no way assume any ownership rights of the Content – it is still the Company’s property. Any reproduction or unauthorized use of any materials found on the Site or Content shall constitute infringement.
You must receive the Company’s written permission before using any of the Site or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Site or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by the Company.
Your use of any materials found in the Site or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times your Program Fee in the event of your Unauthorized Use, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
Request for Permission to Use the Content
If you wish to use any of Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected]
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you agree to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Site and Content.
Your License to the Company
By posting or submitting any material on or through the Site such as comments, posts, photos, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Site and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason.
8. YOUR CONDUCT ON THE SITE
Please choose carefully the materials that you upload to, submit, or embed on the Site and any third-party forums operated by the Company. Any material you post on the Site or in any third-party forums operated by the Company becomes public. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Site and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Site and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Site or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Site and any third-party forums operated by the Company.
The Company expects our participants to be kind and respectful to one another at all times. You are strictly forbidden from the following:
• Harassing, fighting with, or being disrespectful to other participants
• Causing damage to the Site
• Using the Site for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using the Site to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using the Site to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from the Site
• Sharing private and proprietary information from other participants with anyone else
If, in the Company’s sole discretion, your conduct on the Site violates this Agreement in any way, you agree that the Company may immediately and permanently terminate your participation in the Program, and your access to the Site and Content, without refund.
The Coach-Client relationship is not legally bound by confidentiality. Nevertheless, Coach agrees to keep all information about the Coach-Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that Coach and Client communications are not covered by any lawyer-client privilege or other privilege.
Your name will not be disclosed by Company without your consent. You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Site. You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant.
Confidential information does not include information that:
(a) was in the Company or Coach's possession prior to the formation of this contract;
(b) is generally known to the public or in the Participant’s circle of friends and family and co-workers; or
(c) the Company or Coach may be required by law to disclose.
10. CANCELLATION AND REFUND POLICY
To receive a refund of the Program Fee, you must cancel your participation in the Program by the earlier of: (i) 5 days after payment of the Program Fee; or (ii) the Program Start Date.
Once Participant has started the Program, no refunds or partial refunds will be granted.
11. NO GUARANTEES
The sole intention of the Company, through the Program and Site, is to provide educational materials and coaching to lawyers to reduce stress and improve their quality of life. The statements and strategies offered in the Program are based on the opinions, experiences, and coaching strategies of the Company.
Your level of success in attaining results is dependent upon a number of factors beyond the Company’s control, including your level of personal development, knowledge, ability, dedication to the process, personality, and mindset. The Company makes no guarantees whatsoever that you will achieve any results, including earnings or other results, from the methods or coaching practices contained in the Program.
You further understand and agree that you are fully responsible for your well-being throughout the Program. You understand that the Program materials, Coach’s comments and ideas are to be construed as suggestions and information only, and that you ultimately have full responsibility for making informed decisions and giving your informed consent. You agree that you will not attempt to hold the Company liable for any results, or lack of results, that you experience.
The Program is offered for information purposes only and no portion of it is intended to substitute for professional advice, including but not limited to medical, psychiatric, psychological, or behavioral advice and/or treatment, and you may not rely on the Program to provide such advice or treatment.
If you require medical, psychiatric, and/or psychological care, you should retain the services of a licensed medical professional acting in his or her capacity as such. Although she is a lawyer, Dina Cataldo, in her capacity as a coach to lawyers, is not providing through the Program medical care or advice, nor any other professional services including, but not limited to, psychiatric/mental health care, financial services, or any kind of behavioral therapy or counseling. Your purchase of the Program does not establish a lawyer-client relationship of any kind between you, the Company, or Dina Cataldo.
The Program may include views or recommendations of third parties, which do not necessarily reflect the views of the Company or indicate its commitment to a particular course of action.
Testimonials published by us are independent and genuine, but they do not represent a guarantee or warranty of similar results.
12. DISCLAIMER OF WARRANTIES
ALL CONTENT AVAILABLE THROUGH THE PROGRAM IS PROVIDED “AS IS.” THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE COMPANY NOR ITS AGENTS WARRANT THAT THE CONTENT WILL BE AVAILABLE INDEFINITELY, OR THAT SAID CONTENT IS ACCURATE, RELIABLE OR CORRECT.
THE COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
13. RELEASE, INDEMNIFICATION, AND LIMITATION OF LIABILITY
Upon a request by the Company, you agree to release, defend, indemnify, and hold the Company and its respective agents, representatives, assigns, contractors, and employees harmless from any and all claims, demands, damages, losses, rights of action or causes of action, liabilities, and/or expenses, present or future, arising out of, or in any way connected with, your participation in the Program or use of and/or reliance on the Content.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR PARTICIPATION IN THE PROGRAM, USE OF OR RELIANCE ON THE CONTENT, OR USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF THE COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO THE COMPANY FOR PRODUCTS AND SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT ALLOWABLE BY LAW.
The headings found in each of the paragraphs and subparagraphs of this Agreement are intended for your convenience only and are not intended to affect the construction or interpretation of any provision of this Agreement.
15. FORCE MAJEURE
The Company will not be deemed to be in breach of this Agreement for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
16. ENTIRE AGREEMENT, SEVERABILITY, MODIFICATION, AND WAIVER
This agreement constitutes the entire agreement between you and the Company with respect to the Program, Content and Site and supersedes all prior or contemporaneous communications between you and the Company regarding the Program, Content and Site. If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
This agreement shall be governed by the laws of the state of California. Any action arising out of or relating to this agreement shall be brought in the federal or state courts located in the county of Sacramento, California.
Dated: August 27, 2024
By participating in the Program, you assert that you have read, understood and agreed to this entire Agreement.