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TERMS OF PURCHASE | SERVICE

Terms of Use

Private Sessions

 

 

Updated May 19, 2025

 

Please read the Terms of Use for the Service carefully and in its entirety before purchasing and participating in Private Sessions with Peggy Nazer Coaching (hereinafter referred to as the "Service").

You must read and agree to these Terms of Use before purchasing the Service.  The Service and its content are owned by Peggy Nazer Coaching.

By purchasing and/or using the Service you implicitly hereby agree to be legally bound by the following:

These Terms of Use (hereinafter referred to as the “Agreement" or "Terms") made by and between Peggy Nazer Coaching (hereinafter known as the “Coach”) and you, further defined below, as a Purchaser and/or User (hereinafter referred to as the “Client”), also defined below.  Together, the Coach and the Client are collectively referred to herein as the “Parties”.

 

1.  DEFINITIONS

• "Company", "Coach," "We", "I", "Our", or "Us" means Peggy Nazer Coaching, owned by Peggy Nazer.
• "Participation", "Participating", "Using", or "Use" means listening, speaking, reading, watching, implementing, trying, or otherwise engaging in the Service.
• "Service" means the Private Sessions
• "You", "Your", "User" or "Client" means the Purchaser and/or person using the Service.

 

2.  CONSENT

By participating in the Service, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.  If you do not agree, please do not purchase the Service.  The Coach only agrees to provide the Service to you if you assent to these Terms of Use.  The Terms of Use must be accepted by both the Client and the Purchaser of the Service.

 

3.  DESCRIPTION OF SERVICES

The Coach agrees to provide coaching for the Private Sessions Service (hereinafter referred to as the “Service”).  The Service includes:

The Parties hereby agree to the following:

• Private Session Calls:  Either 45-minute or 75-minute sessions, a maximum of once per month, scheduled by the client via the online scheduler.  These calls are conducted over the telephone with the Client calling the Coach at the appointed time.
• Support:  The Client can ask questions and receive additional support during Happiness Dynamics Live Session Calls, by submitting an "Ask Peggy" Form, or emailing support at contact@peggynazercom, Monday-Friday, between 10 am and 4 pm MT.  Responses to email may take up to 48-72 hours, excluding weekends.
• Additional Materials:  Services may be supplemented with content from the Happiness Dynamics Program ("Materials").
• Access:  Eligibility for the Service begins after the Client enrolls in the Happiness Dynamics Program and completes Months 1 & 2 of the program.  Whether or not the Service has been purchased, access will expire when the Client is no longer enrolled in or ceases to progress through the Happiness Dynamics Program.  

Private sessions are a combination of coaching, training, and Energy Psychology(EP).  

EP is a collection of mind-body approaches for understanding and improving human functioning.

EP focuses on the relationship between thoughts, emotions, sensations, behaviors, and known bioenergy systems (such as meridians and the biofield).

The Client agrees to the Coach's use of a variety of non-invasive methods, modalities, and programs, commonly referred to as Energy Psychology, which includes, but is not limited to, bio-kinesiology (muscle response testing-MRT). MRT is used to identify negative emotions stored in different energy centers of the body.  In addition, guided imagery, NLP, speaking out feelings, role-playing, inner child work, chakra work, visualization, and various Energy Psychology techniques are used.

The purpose of using these techniques is to bring the Client to a place of inner reconciling and a strong sense of well-being and closure with the issues being addressed.

The Service is not a certification or authorization to coach any of the content contained therein.  The Service and other Materials that may assist you in your participation in the Service may not be shared with any party.  If we suspect that the Service or Materials are being shared with any party, we reserve the right to immediately terminate your access to the Service, in our sole and absolute discretion, with no refund of any payments made or release of your obligation to pay the balance in full.

 

4.  PAYMENT

The Client and/or Purchaser will pay the Investment pursuant to the following terms:

Payment for Services is the final step in confirming & reserving the appointment time.

Investment:  1-time pay in full payment as listed on the online calendar scheduler

Payment Due:  48 hours before the session

Payment is completed via PayPal or credit card payment through the invoice sent to the Client by email.  The Client and/or Purchaser shall make payments only through the invoices sent by the Coach.

Payment is for services rendered.  Personal results will vary; therefore, there are no guarantees or refunds for sessions.

• Late / No Payments:  

Payments are due 48 hours before the Session.

Payment for Services confirms and reserves the session time.   

Late payments will not be accepted and incur a $25 late fee.

Late payments can also result in a cancellation without notice.  If your appointment is canceled, you will receive an email notification.

If a payment is not made on or before the due dates stated herein, the Coach reserves the right to send the Client a reminder invoice, along with a late fee invoice to prompt immediate payment, and/or to cancel the session. 

The Coach will not perform the Service for the Client until payment, including late fees, is received.  No additional time will be added to the Service to compensate for time spent on billing issues.

 

5.  REFUND POLICY

• No Refunds

The Coach will do everything within her ability to ensure the Client’s satisfaction with the Service.  The Coach expects that the Client will do the same.  Refunds will not be issued for coaching services that have already been conducted.  If, for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Service paid for but not yet rendered.

• No Chargebacks

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Coach or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Service.  In the event of a chargeback, the Coach reserves the right to report the incident to the credit bureaus as a delinquent account. 

 

6.  TERM & TERMINATION

The Service is offered in conjunction with the Happiness Dynamics (HD) Program.  The Client is eligible for the Service after completing Months 1 and 2 in Happiness Dynamics (the “Term”).  The Client understands that the Parties do not have a relationship after the end of the Happiness Dynamics Program.  If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.  

The Client may not terminate the Agreement prior to the end of the Term.  The Coach may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the Service.

 

7.  CLIENT COMMITMENTS

The Client agrees to the following as part of the Service:

• The Client and/or Purchaser shall read and submit this Acceptance of Terms of Use electronically.  If the Client and Purchaser are separate entities, then both parties will submit the Acceptance of Terms of Use form located below this document.
• The Client shall submit all required Intake Forms before scheduling any Services.
• The Client shall participate fully in the Coaching Calls to the best of their ability, including having paper and crayons at hand if color therapy is required during the session.
• The Client shall only schedule the Service if they are staying current in the Happiness Dynamics Program.
• The Client shall immediately inform the Coach of any issues or difficulties they may have with the Service.
• The Client shall bring any issues they have with the Coach directly to the Coach first, rather than discussing them with a third party.  The Client agrees not to intentionally make, or intentionally cause any other party to make, any public statement that is intended to criticize or disparage the Coach, any of its affiliates, or any of our respective directors, officers, or managers, whether such statement is made orally, in writing, or otherwise.
• The Client shall commit to consistent effort and participation in the Service.  You, as the Client, understand and agree that you are 100% entirely responsible for your progress and results experienced from the Service.
• The Client shall complete payment of the Investment in accordance with the Terms set forth herein.

 

8.  COACH COMMITMENTS

The Coach agrees to the following as part of the Program:

• The Coach shall participate fully and intently in the Coaching Calls to the best of her ability.
• The Coach will support the Client to the best of her abilities in accordance with this Agreement.
• The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client.
• The Coach agrees to conduct the Coaching Calls/Sessions by telephone.

 

9.  DISCLAIMER

The Client understands that the Coach is a Certified Emotional Release Coach, Certified Interactional Dynamics Instructor, and Certified High-Performance Coach (CHPC).  She is not a medical doctor, psychologist/psychiatrist, or other licensed medical professional.

This Service is for informational and educational purposes only.  The information and education provided in this Service are not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.  You should consult with a professional in those areas in person with someone where you live or work to discuss issues or questions pertaining to your particular situation.

The Client understands that the Coach is not an attorney, therapist, publicist, financial advisor, and/or accountant, or any other licensed or registered professional.  The Coach and Client’s work together is not a substitute for professional financial, business, or legal advice.  The Coach and Client’s work together may address, among other things, goals, priorities, identifying resources, brainstorming, action plans, strategy, and planning.  The Client understands that the Coach does not guarantee any outcome, income revenue, and/or profit from the Parties’ work together. 

The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore, the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with their physician before implementing changes or habits suggested by the Coach.  The Client confirms that s/he has or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle.  The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist. 

Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis, or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in their life.

The Client understands that nothing said, done, performed, typed, printed, or produced by the Coach is intended or meant to diagnose, prescribe, or treat a disease, or take the place of diagnoses by a licensed physician, psychologist, or psychiatrist.  Coaching sessions, energy psychology work sessions, Certified High Performance Coaching (CHPC), Integrative Processing Technique (IPT) sessions, integration sessions, training, or techniques are designed to promote a healthy lifestyle and cultivate the mind/body connection.

 

10.  RESCHEDULING & CANCELING APPOINTMENTS

Every effort is made to help clients juggle unexpected changes in their schedules.  Please be very conscious of the fact that the nature of these appointments can create agitation and challenge you to keep your appointment time.  Often, the times you want to reschedule are the very times you need to continue forward.

If the Client needs to reschedule their appointment, please provide a 48-hour notice to the Coach.  The Client can reschedule their appointment using the scheduling calendar found in their confirmation email, available online 24/7.  If the Client has already made payment, it will be credited to the rescheduled appointment.

In the event of an emergency after the 48-hour deadline, please email the Coach:  [email protected]

If the Client cancels before the 48-hour deadline without rescheduling, but has made payment, a full refund will be issued minus a $25 booking fee.

 

11.  APPOINTMENTS SCHEDULED FROM THE WAITLIST POLICY

If the Coach's appointment calendar is full, the Client may choose to join a waitlist in the hope of scheduling the Service should openings occur.

Joining the waitlist does not guarantee the ability to schedule the Service.

If session times become available, the Coach will inform the Client of Service availability via email.  These notifications are delivered on short notice, and bookings are, therefore, available on a first-come, first-served basis.

It is the Client's responsibility to view and reserve sessions using the online scheduler.

Services scheduled from the waitlist are final, with no rescheduling or cancellations allowed.

Payment for a waitlist booking is due upon receipt of the invoice, no later than 24 hours before the session.  Failure to make payment by the 24-hour deadline will result in a $25 late fee.

The same fees described under the cancellation policy will apply if the appointment is missed.

 

12.  CANCELLATION POLICY

If the Client is unable to keep an appointment that they scheduled, please provide a 48-hour notice to the Coach.  The Client can cancel their appointment using the scheduling calendar found in their confirmation email, available online 24/7 or by emailing [email protected].

If the Client cancels by the 48-hour deadline and has already made the payment, the refund will be issued minus a $25 booking fee.

No refund will be issued if the Client misses their appointment or cancels with less than 48 hours' notice.

If the Client cancels with less than 48 hours' notice and has not made the payment, the Client is responsible for paying for the Service plus a $40 cancellation fee.

If the Client misses their appointment, does not contact the Coach to cancel, and has not made the payment, the Client is responsible for paying for the Service plus a $75 no-show fee.

Fees must be paid before the Client schedules another session.

For cancellations after the 48-hour deadline, please send an email to [email protected]

 

13.  LIMITATION OF LIABILITY

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement.  IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

 

14.  INDEMNIFICATION 

Client agrees to indemnify and hold harmless the Coach, Peggy Nazer Coaching and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Peggy Nazer Coaching or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.

 

15.  ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter.  The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Utah.  The arbitration hearing shall be held in the state of Utah.  Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally.  The arbitrator will have no authority to award punitive or other non-compensatory damages to either party.  No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded.  The sole remedy for the Client shall be a refund of any amount paid to the Coach.

 

16.  ENTIRE AGREEMENT

This Agreement contains the entire agreement between the Parties.  There are no other promises or conditions in any other agreement (oral or written) between the Parties. 

 

17.  SEVERABILITY 

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof.  If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

18.  APPLICABLE LAW + VENUE

This Agreement shall be governed by the laws of the state of Utah.  Any action brought by any party arising out of or from these Terms shall be brought within the Utah, County of Utah.

 

19.  PHOTOGRAPH AND TESTIMONIAL RELEASE

The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients.  The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image.  The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information. 

 

20.  CONFIDENTIALITY

The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.  Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information.  The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.  Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.

Permitted Disclosure.  Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency.  Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure. 

 

21.  RECORDING SESSIONS

The Coach will advise the Client in writing in advance of any sessions if their session(s) will be recorded for any reason.  The Client may not record any sessions with the Coach without the Coach’s prior written consent. 

 

22.  FORCE MAJEURE

In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.

 

23.  NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS

The Coach has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the outcome or success (or the likelihood of such) in working with the Coach.  The Client understands that due to the nature of the Service, the results experienced by each client may vary.  The Coach does not make any guarantees other than that the Service shall be provided to the Client in accordance with the terms of the Agreement as stated herein. 

 

24.  ELECTRONIC COMMUNICATIONS PERMITTED

Electronic communications are permitted to both Parties under these Terms of Use, including e-mail.  Both parties acknowledge and agree that the Terms of Use may be executed electronically, either by electronic signature or other electronic consent.  For any questions or concerns, please email us at the following address:  [email protected]