Mental Performance Coaching Overview
Mandy of Mandy Patterson Coaching LLC (MPC) is a certified Mental Game Coaching Professional through the MGCP certification program. MPC is not a medical program and does not perform any services that deal with medical, psychological, or physiological disorders or issues.
Scope of Mental Game Coaching
You understand that the scope of Mandy Patterson Coaching’s mental performance coaching is defined as instruction and education for the purposes of performance enhancement in sports or careers. As such, you understand that you are entering into an educational program to improve mental skills for performance enhancement only.
There is no implied or expressed guarantee or warrantee that services provided by MPC will result in improved performance or earnings. The results you obtain from MPC coaching vary widely depending on but not limited to: the athlete’s participation, effort, motivation level, cooperation, and ability to implement and make changes; or other aspects over which neither Party has control.
You further understand that MPC’s mental performance and mental game coaching is not a medical treatment, psychotherapy, psychological therapy, or psychoanalysis for the diagnosis, rehabilitation, or treatment of psychiatric problems. MPC does not utilize medical or psychological professions and does not recommend or prescribe any form of medication.
Student/Client Confidentiality Policy
Mandy Patterson Coaching LLC and Mandy Patterson respect the rights of students’ privacy and confidentiality. In certain cases, it becomes beneficial for MPC to discuss the student’s case with another person such as the parent, coach or trainer. MPC agrees to maintain student/coach confidentiality and not discuss details of student’s case with other persons (except for parents of the athlete when the athlete is under 18 years of age) unless MPC obtains written permission from the athlete prior to discussing details of a student’s case.
Intellectual Property Rights
MPC retains all ownership and intellectual property rights to the program content and materials provided to you throughout the program. The content and materials are being provided to you for your use and the use of your child(s) only. You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the program or program materials, electronically or otherwise.
Risk of Injury
As with any sports performance coaching program, there is a risk of injury (physically and mentally) to athletes. MPC is not responsible for physical or mental injury, including stress, to the athlete as a result of the mental coaching process. It is the responsibility of the client to report any concerns or issues that are identified during the coaching process.
Waiver
I agree to save and hold harmless, indemnify and defend MPC, Mandy Patterson, their employees, affiliates, directors, successors, agents, heirs and assigns from all liability, loss, cost, claim or damage whatsoever, including death or damage to person or property, which may be imposed upon said client because of any defect in or lack of such capacity to so act or caused or alleged to be caused in whole or in part by the negligence of the client. I have read the above waiver/release and understand that I have given up substantial rights by agreeing to this release and acknowledging this agreement voluntarily.
Parties Non-Disparagement
The Parties hereby agree that the Parties, without limitation, are prohibited from making any statements, in any medium, written or verbal, or cause or encourage others to make any statements, written or verbal, which defame, disparage, or in any way criticize the other Party or the other Party’s businesses. This does not, in any way, restrict or impede either Party from exercising protected rights to the extent that such rights cannot be waived by Agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation, or order. Either Party shall provide written notice of any such order to the other Party.
Arbitration; Equitable Relief
1. This Agreement shall be governed in all respects by the law of the State of Georgia and the United States of America. In the event of a legal dispute or claim between the Parties arising out of or in connection with this Agreement, any action shall take place exclusively in Dawson County, GA, and in such instance, the prevailing Party shall be entitled to recover attorney fees and costs incurred at all trial levels.
(a) Arbitration. Except as provided in section (b) below, any dispute or controversy arising out of, relating to, or concerning the interpretation, construction, performance, or breach of this Agreement will be governed by state law and settled by Arbitration to be held in Dawson County, Georgia in accordance with the then-effective rules of the American Arbitration Association. The arbitrator may grant injunctions or other relief in that dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the Parties to the Arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The Parties shall each pay one-half of the costs and expenses of that Arbitration, and each Party shall separately pay counsel fees and expenses.
This Arbitration clause constitutes a waiver of the Operator’s right to a jury trial and relates to the resolution of all disputes relating to all aspects of the Business relationship (except as provided in section (b) below, including:
(i) All claims for wrongful termination; breach of contract, express and implied; breach of the covenant of good faith and fair dealing, express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; and defamation;