Terms & Conditions

These are the legally binding terms and conditions of this website.

 

Welcome!

The material appearing on this website https://www.kellytrach.com/ and affiliated pages through this domain (this “Site”), is provided as either information about Kelly Trach Coaching events, people and stories, or as a platform for online connection and community. The owner of this Site, Kelly Trach International Inc.  and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site. This also applies to any products or services you may purchase through the Site.

Any information by or on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site, you accept and agree that following any information or recommendations provided therein is at your own risk.

Please read carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.

The following terms and conditions form a binding agreement (“Agreement”) between you and Kelly Trach International Inc., a company incorporated in British Columbia, Canada (“Kelly Trach Coaching”). Kelly Trach Coaching may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site after any change means you have accepted the changed terms and conditions.

1. Copyright. All materials created by Kelly Trach Coaching on the Site are protected by Canadian copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Kelly Trach Coaching.

 

2. Use of the Site. The Site offers coaching practice, programs, podcasts, courses, information, and services for sale online which provide information and guidance related to businesses and self-help. Any and all information posted on the Site is intended to be used exclusively for educational purposes. Kelly is not encouraging you to take any form of action by providing such information, but is simply allowing you to learn about different strategies that may work. You understand that in purchasing these products and perusing through all of the information on the Site, you are doing so at your own risk.

3. Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of Kelly Trach Coaching and Kelly Trach Coaching is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any such website. Kelly Trach Coaching accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of the Site, enable you to connect with Kelly Trach Coaching on various platforms, help Kelly Trach Coaching offer the easiest services for you and conduct transactions.

4. Use License.  If we have materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a. modify or copy the materials;

b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

c. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kelly Trach Coaching at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5. Refunds. There will be no refunds for any Kelly Trach Coaching courses or products sold on or through the Site. All sales of this type are full and final.


6. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Kelly Trach Coaching linked to these terms and conditions or contained on this Site constitute the entire Agreement between you and Kelly Trach Coaching relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Kelly Trach Coaching.


7. Site Terms of Use Modifications. Kelly Trach Coaching may revise these terms of use for its website at any time without notice. By using the Site, you are agreeing to be bound these Terms and Conditions of Use.


8. Limitation of Liability and Indemnity. In no event shall Kelly Trach Coaching or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on Site, even if Kelly Trach Coaching has been notified orally or in writing of the possibility of such damage.


9. Governing Law. Any claim relating to Kelly Trach Coaching’s website shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions.


10. Indemnity. As a condition of your use of the Site, you hereby indemnify Kelly Trach Coaching and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.


Privacy Policy

This legal document disclosures how we collect and protect your personal data.

 

This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for Kelly Trach International Inc. and its subsidiaries and affiliates (collectively “Kelly Trach Coaching”) with respect to how Kelly Trach Coaching collects your personal information. It also describes how Kelly Trach Coaching maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Kelly Trach Coaching via this website, https://www.kellytrach.com/, and other websites operated or provided by Kelly Trach Coaching and various subdomains (collectively, the “Sites”) and other places where we may collect personal information like industry or networking events. 

This Privacy Policy also sets out how you can access certain information that Kelly Trach Coaching may collect about you. In this Privacy Policy, “personal information” means information or opinions about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws.

Please note that the Sites may contain links to other third-party websites that are not controlled or operated by Kelly Trach Coaching. This Privacy Policy does not apply to such third-party websites, and Kelly Trach Coaching is not responsible for the content or behaviour of such third-party websites or the privacy practices of such third parties. Kelly Trach Coaching encourages you to request and review the privacy policies of any third parties upon disclosing your personal information to such parties or when visiting such third-party websites.

1. Personal Information Protection and Privacy. Kelly Trach Coaching understands how important your privacy is. The purpose of this Privacy Policy is to inform you about the type of personal information we may collect from you, what we intend to do with that information and to inform you of the steps we take to keep your personal information confidential. By using the Site and the services provided therein, you consent to the terms of this privacy policy. If you have any questions or concerns, please contact us and we’ll be happy to accommodate.

2. Consent of Collection of Information. By submitting personal information to Kelly Trach Coaching or any of its service providers, you agree and consent to the collection of your personal information and consent to the use, disclosure and transfer of your personal information in accordance with the provisions of this privacy policy. You may always refuse or withdraw your consent by contacting Kelly Trach Coaching at hello@kellytrach.com. You understand that if you withdraw your consent, Kelly Trach Coaching may not be able to continue to offer its services and provide its information to you.  

3. Revisions to this Privacy Policy. Kelly Trach Coaching reserves the right, in Kelly Trach Coaching’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, Kelly Trach Coaching will treat your continued use of the Sites following such revision as your acceptance of the revised terms.  All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. Kelly Trach Coaching will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law. This Privacy Policy was last updated on December 17th, 2018.

4. What personal information does Kelly Trach Coaching collect and how is it processed?


a. What do we collect? Kelly Trach Coaching collects your name and e-mail address.


b. Newsletter. We will ask for both your name and e-mail address in order to send you our newsletter or e-mails. We will only contact you through our newsletter for promotional or informational purposes.

c. Third Parties. Kelly Trach Coaching may work with third party applications in order to provide you with the best services on the Site. These organizations may collect personal information from you in order to provide you with these services including your name and contact information. Specifically, the third parties Kelly Trach Coaching works with on the Site are listed below. We’ve included links to their Privacy Policies to ensure you are comfortable using them.

      • Squarespace: https://www.squarespace.com/privacy/

      • Teachable: https://teachable.com/privacy-policy

      • ConvertKit: https://convertkit.com/privacy/

      • Bench Bookkeeping: https://bench.co/privacy/

      • Calendly: https://calendly.com/pages/privacy

 

5. How will Kelly Trach Coaching use your Personal Information? Your personal information will be used to provide you with promotional and informative materials and offer and deliver the products and services you can purchase or subscribe to from the Site. Specifically,

a. Your name and e-mail address are collected and may be stored by our server. Any information captured will be processed through third party websites in section 4.d. above.

b. If you subscribe to our newsletter your information will be used to send the newsletter to you;

c. If we send you the Newsletter for marketing purposes, we may use your contact information to send you e-mails about promotions, special events and other marketing information. You can opt not to receive these e-mails from us by either clicking “unsubscribe” at the bottom of the e-mail when you receive it or by sending an e-mail that includes your e-mail address and a request that you not receive our promotional e-mails; and

d. We may use your personal information to respond when you submit a question or suggestion to us, or when you request assistance with the service you purchased.


6. Storing Your Personal Information. Kelly Trach Coaching’s web server may store your personal information when you interact on the Site. Kelly Trach Coaching will be happy to delete any of your information it holds upon request made by you. Your personal information will be safely disposed of by Kelly Trach Coaching by deleting it from its possession.


7. We Play By The Rules. The Site and Kelly Trach Coaching abide by all relevant Canadian laws in all aspects of our operations. As such, we abide by all the rules of CASL (Canadian Anti-Spam Laws) and the Personal Information Protection and Electronic Documents Act (PIPEDA). If you’ve got any questions about our compliance with this legislation, feel free to reach out.


8. Do Not Track Signals. Kelly Trach Coaching currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.


9. Analytics.  The Site does keep the following information from your visits to our webpage:

a. Visitor information to improve our customer engagement which tells us where and when people visit the Site and how long they stay there; and


b. IP information for website and server security

10. Cookies. The Site does use ‘cookies’ to keep a record of the number of times you’ve visited the Site and how you interacted with the Site during each visit. In addition to this, the Site also uses cookies which are not absolutely essential for your use of the Site. Your continued use of the Site does serve as consent for these cookies.

a. You might be wondering what a cookie is? Well, it is a small text file that gets sent by the server of the Site to your hard drive and can only be read and interpreted by the Site’s server. No personal information is stored in the cookie and there is nothing on it which can identify you personally.

b. Why do we use cookies? Despite being an awesome word generally, cookies help the Site understand how you interact while visiting the Site, what your preferences are and thus can improve your experience on the Site. If you do not want cookies from the Site, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Site, but of course it is your choice to do so.

11. Disclosure of Personal Information. Kelly Trach Coaching will NEVER sell or license any personal information we collect from you. Kelly Trach Coaching is not liable for any disclosure of your personal information by any Third Party, particularly the ones outlined in section 4.d. above.

12. Jurisdiction. This privacy policy and the use of the Site are governed by the laws of the Province of British Columbia. If a dispute arises under this policy, we agree to first resolve it with the help of a mutually agreed-upon mediator in British Columbia.

13. Your Consent. By choosing to provide us with your personal information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy.  If you are under the age of 19, you must not provide any personal information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law. This Privacy Policy may be updated from time-to-time and your subsequent use of our web site will be accepted as consent to the collection, use and disclosure of your information as set out in this Privacy Policy.

14. Protecting Your Privacy. Kelly Trach Coaching is committed to protecting your privacy. Security measures, such as locked filing cabinets and the use of passwords on e-mail servers and unique passwords to access phones have been adopted to protect your personal information against loss or theft, unauthorized access, disclosure, copying, use or modification. Kelly Trach Coaching makes no promises, warranties or representations about the manner in which your personal information is handled by Third Parties and bears no liability whatsoever for your use of them.

15. The Internet Can Be Unpredictable. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to Kelly Trach Coaching over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of Kelly Trach Coaching’s control.


16. Verifying and Amending Your Personal Information. Kelly Trach Coaching tries to ensure that all personal information about you that is in our possession is accurate, complete and up-to-date. Please contact us at hello@kellytrach.com to advise us of any changes to your personal information. You may request access to the personal information held by Kelly Track Coaching at any time or seek to make corrections to it.


17. Resolving your concerns. If you have any questions or concerns about Kelly Trach Coaching’s personal information collection, use and disclosure practices, please let us know at hello@kellytrach.com and we will do our best to help you.


Coaching Agreement

These are the legally binding agreements you sign up for coaching. After you submit your investment, you will formally sign this document.

 

Welcome!

I’m so glad you are here and we can start working together towards your best life.  

Why you’re Reading This Document

I only communicate one way – openly and honestly. I know who I love working with and I know how I love working with them. This Coaching Agreement (the “Agreement”) outlines what we can expect from each other in working together. If there is anything you are uncomfortable with, please let me know immediately. I want to make sure we are on the same page moving forward.

1. Parties. This Agreement is made between Kelly Trach International Inc. (“Kelly Trach Coaching,” “We,” and “Us”) and [insert name] (“You” and “Your”).

2. My Promise to You. Kelly Trach Coaching will provide you with all the tools you need to live your best life. In addition to providing course materials, Kelly will be available to answer your questions and offer guidance and sage advice when needed. Here is what I will be bringing to the table, every time:

a. My Time Integrity. I honour your day and respect your time. I will be there when I say I will on the dot.

b. My a-game. I bring my everything to coaching and truly devote every ounce of energy I have to you.

c. My unwavering love and support. As of now, I'm your #1 fan, biggest supporter, and head cheerleader of your best life. 

d. My honesty. You get the truth upfront. Always.  

e. My respect. I treat you as an equal in this.  

f. My presence. You get the full me showing up fully for you. No distractions. No cell phone. No open tabs. 

3. What Kelly Trach Coaching Expects of You. Just as you are investing in me, I’m also investing my time and energy in you. I want to see you rock all of your goals. As such, I expect you to behave in the following manner:

a. Come prepared. You are paying for my help and I want to help you. Do the work and enjoy the benefits.

b. Be respectful. I refuse to accept any harassment, bigotry, racist or rude comments. I will not stand for any inappropriate behaviour. If you act like a jerk, I will stop the session immediately (that session will be considered to be complete) and proceed to use the payments you paid for future sessions as a donation to my charity of my choice. Also, due to your behaviour, will never work together again.

c. Have fun and give it everything. Let’s get you living your best life pronto.

4. No Guarantees. While there are some things I can control, like how much I will support you and how I’ll do everything I can for you, there are some things I cannot control. As such, no guarantees can be made for the results from our coaching sessions.  

5. How We Work Together. Before being accepted for coaching, I require all potential clients to fill out an application. If there is a fit, then we’ll move forward and organize a free consultation and see if we are a fit. If it does, we’ll formalize our working relationship together.

6. Payment. All payments will be made in full on our website kellytrach.com or on the automatic payment plan on Teachable. All payments, once completed, will be non-refundable. Check out provision #8 of this Agreement for more on this.  

7. Communication + Time Integrity. All communication will be done via Skype Audio or another online program. Even if we’re next door neighbours, we’ll be chatting online. Time integrity is a real thing and here is how I enforce it:

a. Sessions take place on the agreed upon time, whether you are there or not. They will not be extended due to your tardiness. If you show up late, I’ll still be available for you until the session ends. For example, if we agreed for a 60-minute session to take place from 14:00-15:00 and you hop on the call at 14:15, we’ll work together until 15:00. Even though we’ll only have worked together for 45 minutes, the full session will be deemed to be complete.

8. Cancellations + Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how I’ve drafted my cancellation and refund policy:

a. If it is our first time working together and you buy a single session and you do not show up for the appointment or show up more than 5 minutes late, there will be no refund and we will not work together in the future.

b. If we work together and are signed up for several sessions and you cancel without giving at least 24-hours notice, the session will be deemed to have taken place and there will be no refund.

c. All coaching sessions and packages are final sale. There will be no refunds under any circumstances.

9. Bookings and Expiry of Sessions. You will be the one to decide how frequently use the coaching sessions you purchase, so long as they fit with my schedule. I’ll do everything I can to accommodate your requests. You’ll have one year to use the coaching sessions you purchase. After this time has passed, all outstanding or unused coaching sessions will be forfeited. It is your job to keep track of of many sessions you have remaining and how many you need to book before the 1-year expiry date. I’ll happily answer questions or provide clarity when needed.

10. No Friend or Family Discounts. In order for you to fully commit and get the best out of a program, I ask that you pay full price. By doing so, this is an energetic commitment from both of us to bring our A-game and full self to coaching.

11. Currency. All prices are in United States Dollars and all payments must be made in USD through my website or on Teachable.  

12. Confidentiality. It’s going to get deep and personal. Real quick. And, I want to create an open and safe space for us to communicate. I want you to know that everything that is said is strictly confidential and will never be shared with a third party. The only exception is if I am compelled to do so by law. Otherwise, everything goes in the vault and we lock away the key.

13. General Terms. You know you’re almost at the end of the Agreement when you get to the standard stuff! Jurisdiction. This Agreement will be governed exclusively by the laws of the province of British Columbia. Severability. If any provision of this Agreement is invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior written or oral agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original and all of which taken together shall constitute one and the same agreement.