1-ON-1 COACHING TERMS & CONDITIONS

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Last Updated April 8, 2025

We are thrilled to have you as part of our 1:1 Coaching Program “Private Coaching with Brenda Winkle” offered by Brenda Winkle Empowerment, LLC and can hardly wait to see the transformation that is about to take place!

It is important that we begin this relationship with a clear understanding of how we will work together in order to work towards achieving your goals.  Please review these 1-on-1 Coaching Terms & Conditions (“Terms”) very carefully.  By participating in our “Private Coaching with Brenda Winkle- 12 session package/6 month” Coaching Program, you are agreeing to and are expressing that you have been given reasonable access to review these terms prior to your participation. These Terms are binding as of the date you purchase or access our products and/or services.  Of course, we are happy to clarify anything or answer any questions you may have.

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General Purpose. These Terms are between you (“Client,” “you,” “your”) and Brenda Winkle, founder of Brenda Winkle Empowerment, LLC (“Coach,” “we,” “us,” “our”) for the purpose of participating in “Private Coaching with Brenda Winkle - 12 session/6 months” Coaching Program (the “Program”) whether through the Coach’s website at brendawinkle.com or any related domains or subdomains (the “Website”), video or audio conferencing platforms, telephone, or in person. The Coach and the Client will collectively be referred to as “Parties,” and each individually as a “Party.”

By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or subscribing through the Website, or otherwise enrolling in the Program, you are agreeing to adhere to and be bound by following terms and condition {, together with the Terms of Use and our Privacy Policy, all of which are hereby incorporated by reference}( the "Terms"):

Scope of Services. The “Private Coaching with Brenda Winkle” Coaching Program will begin on the date of purchase and is indicated in the Welcome Email you will receive after the first payment is made.  The Program will consist of the following:

Private Trauma-Informed Sessions (60 minutes each)
Scheduled at your convenience over 6 months. Every session is customized to your energy, your needs, and what your intuition is asking for next. 

Energetic Leadership Blueprint
We’ll map how you hold energy, lead, recharge, and make decisions—so you stop leaking energy and start honoring your natural rhythm.

Personalized Practices & Integration Tools
Between sessions, you’ll receive intuitive tools to support what’s unfolding—guided meditations, PDFs, journal prompts, somatic prompts, and energetic rituals.

Each session is a blend of:

• Intuitive Coaching
• ThetaHealing® Meditation Technique
• Breathwork or Somatic Practices
• Energetic Clearing or Healing
• Psychic or Mediumship Guidance
• New client onboarding survey
• PDFs to support your journey, prepared by the Coach to support you through the program

Payment + Billing. The cost of our Program is $3899. By providing the Coach with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Coach to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Program, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Coach in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.

Client’s Responsibilities. In order to get the most out of the Program, you understand and agree that:

1. You should join each Coaching Session on time or early through the video conference link provided by us (via Calendly).
2. You must notify us promptly if you need to reschedule.  Canceling or rescheduling less than 24 hours before the scheduled session will result in forfeiture of that session.
3. We may assign homework for you to complete prior to a Coaching Session.  Completing your homework in advance will greatly enhance your experience, transformation,  participation, and outcome during the Session.

Coach’s Responsibilities. We are fully committed to supporting you on your journey through our “Private Coaching with Brenda Winkle - 6 month/12 session" Program.  We promise to conduct ourselves professionally and maintain the ethics and standards prescribed by the Board Certified Coach Code of Ethics, which can be accessed here. 

Office Hours + Coaching Communication. We are generally available from [Monday-Friday 9 a.m. to 5 p.m. All communication for Coaching will be done through Email/Text/Voxer. Because we cannot monitor other channels of communication, such as social media direct messages, for our coaching clients, we will use the above methods of communication exclusively for all coaching clients.

Communication Between Sessions. If you need additional support outside of Coaching Sessions, we are happy to connect. Support will be available between 8 am and 5 pm in whatever time zone Brenda is living in. If your request requires more than a quick reply, you may be asked to schedule a session and to bring this topic to the session.

License for Use. By purchasing the Program through our Website, you are agreeing to the 1:1  Coaching Terms and Conditions and, in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) for you to participate in the Program by yourself only.

Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing Program Materials (the “Materials”), whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Materials for personal use, provided that all original formatting, copyright and trademark notices, and branding remain intact. Your limited license allows you to access the Program and use any associated materials for yourself only. If you have multiple team members who would need access to the Program, you must purchase an additional License for each member of your team and ensure they are aware of these Terms. You are permitted to modify, copy, edit, print, and otherwise adapt the Materials for use for yourself and/or your business as long as you agree to adhere to all state and federal laws and intellectual property terms contained in these Terms. You are not permitted to reproduce, give away, publish, sell, or distribute the Materials in any way, whether publicly or privately. You agree to modify the Materials only in a manner consistent with these Terms.

Intellectual Property. We own and retain all rights, titles, and interests in and to the Program and Program Materials.  Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Materials in a way that is consistent with these Terms does not grant you intellectual property ownership  or the right to modify the Materials beyond these conditions, and in no way expands the limited license provided upon purchase.

Independent Contractor Status. Our working relationship with you is one of an independent contractor and is not to be misconstrued as formal employment or a business partnership in any venture.  As your Coach, we fully understand that we:

• Are solely responsible for paying all necessary taxes and handling withholdings where applicable according to the tax information you may provide to us.
• Providing workers’ compensation, unemployment, and other employee benefits, where applicable.
• Are not entitled to any of the benefits of an employee.
• Do not have and may not present ourselves as having the authority to enter into contracts on behalf of the Client.
• May not make any agreements or representations on your behalf.
• Must comply with all applicable laws and regulations in delivering the Program.

Other Business Activities. You understand and agree that this is not an exclusive relationship, and that we have the right to provide coaching to other clients during the Term of these Terms as long as it does not hinder us from delivering the Program to you and does not introduce any conflict of interest. 

Coach’s Warranties. By signing these Terms, we are communicating that we have the right to enter into these Terms and are not violating any other contractual agreements in doing so.

Confidentiality. In order to get the maximum benefit from participating in the Program, you will want to share some information about your life, relationships, business offerings, business strategies, or other information that is not available to the public, confidential, or proprietary in nature (collectively, the "Confidential Information"). We agree to:

1. Protect and safeguard the Confidential Information disclosed or otherwise made known to us;
2. Use the Confidential Information only in connection with the Program;
3. Refrain from using the Confidential Information in any way that would be detrimental to you; and
4. Only disclose the Confidential Information to our employees or other designees on a need-to-know basis.

We understand and agree that our obligations under this provision survive the termination of these Terms by either party.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity.

The Client also acknowledges their continuing obligation to raise any confidentiality
questions or concerns with the Coach in a timely manner.

Consent to Use. By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name {and/or photo} along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.

Disclaimer. 1-on-1 Coaching is a professional relationship in which we work with a client on an individual basis, introducing topics and facilitating discussions around goal setting, identifying areas of improvement, and gaining insight in terms of working toward improvement in those areas.

1-on-1 Coaching is distinct from consulting in that the purpose of coaching is to facilitate the Client’s creative and strategic process, while the purpose of consulting is to provide specific advice, strategy, or assistance.  While the Program may address or uncover certain roadblocks that are impeding the Client’s progress toward achieving your goals, under no circumstances will the Coach provide therapy nor give psychological, medical, financial, legal, or other advice that may require specialized training and/or licensure.  As such, we will not be responsible for any damages that result from your participation in the Program.

Client Responsibilities

Client is solely responsible for creating and implementing his/her own physical, mental and
emotional well-being, decisions, choices, actions and results arising out of or resulting from the
coaching relationship and his/her coaching calls and interactions with the Coach.

As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The

Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

No Warranties + No Guarantees. We are offering this Program on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms.  The Coach makes no warranty as to the accuracy and reliability of information set forth in the Program, the Website, and Program-related materials.  You understand and agree that participating in this Program does not guarantee specific results, including financial or other business gains for you personally and/or for the business. Program materials are provided for informational purposes only and you are responsible for implementing any business practices or suggested actions based on the Program.

Return Policy. When you pay for this Program, you are paying for:

• An in-depth analysis of your personal situation;
• Onboarding into the Program;
• Us foregoing our ability to work with other clients; and,
• The work we perform with you during the Program.

As a result, we do not allow for returns or exchanges after we have begun work under these Terms.  Partial refunds may be considered at the Coach’s sole discretion if requested for good cause prior to commencing the Program, minus an administrative fee of 30 percent of the total Fees paid by the Client. There are no refunds for sessions that have already been held.

Subscriptions + Subscription Cancellations. When you purchase access to the Program on an ongoing subscription basis (for example: weekly, monthly, quarterly, or annually), you are authorizing the Coach to process incurred and recurring Fees until the subscription is terminated and all outstanding fees have been paid in full. You must keep a valid Authorized Payment Method on file with the Coach.  Recurring payments are billed on the initial date of purchase on a prorated basis, then on the same day of the months that follow.  If we are unable to successfully process a payment of the Fees using your Authorized Payment Method, we will make a second attempt to process payment 1 day later, then we will make a final attempt 2 days following the second attempt if it is unsuccessful. If the final attempt is unsuccessful, we reserve the right to suspend or revoke your subscription until all current and outstanding Fees are paid. If outstanding Fees remain unpaid for 90 days following the suspension date, the Coach reserves the right to refer your account to collections. The Client has 30 days to notify the Coach of any issues with recurring payments.

You are required to complete all payments for the subscription period you committed to at purchase. At the end of the subscription period, the subscription service will NOT auto-renew. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if you fail to make any 2 payments on time, the Coach is permitted to cancel your participation in the program by providing written notice at the email address provided by you. Upon cancellation, you agree and promise to pay the Coach a cancellation fee as damages equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the Agreement. The cancellation fee is due immediately, and the Coach is authorized to use any credit card or bank account on file to collect such fee. The Coach will have no further obligations to perform under these Terms following cancellation.

Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Coach. We have the right to present these Terms to your financial institution, any payment processing product and/or investigating agency concerning the attempted chargeback or financial dispute. 

Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Program. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Program prior to any associated Promotions, we are unable to honor the new offer, give you credit, return a portion of your purchase, etc.

Age Limitations. You acknowledge  you are able to perform any and all of the obligations required under these Terms of Purchase.  By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.

Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you.  Your continued participation in the Program and use of the Website  after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

Privacy + Protection of Personal Information. We respect your privacy and are committed to protecting it.  We may use certain information that we collect from you to operate Brenda Winkle Empowerment, LLC and provide our Program.  Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of the Program through the Website and how we use your Data.

Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors.  However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Program prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.

Termination of Use. We may terminate your account or restrict your use of the Website and/or participation in the Program at any time for any reason.  Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The Coach may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Client.

Limitation of Liability. The Coach is in no way liable to the Client or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Client was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Program you have purchased through the Website.

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Sherwood, Oregon. If the arbitration is unable to move forward in the designated jurisdiction, the Coach will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the State of Oregon. In the event of conflicting laws, the laws of Oregon will control.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Coach by certified mail to Brenda Winkle Empowerment, LLC, Brenda Winkle at 4130 SW 117th street, Beaverton, OR 97005. Notices provided by certified mail will be effective upon actual receipt of the notice.

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Coach.

Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Coach.

Force Majeure. To the extent that any failure or delay in our delivery of the Program under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms.  Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of the Program and the use of the Website. The Coach reserves any and all rights not expressly granted in these Terms.