Extended Client Terms & Conditions

Effective Date [June 23, 2025]

Last Updated [June 23, 2025]

These Extended Terms & Conditions are incorporated by reference into your signed Client Services Agreement. By signing that agreement, paying for and/or participating in the services provided by Yoly Avalos/Avalos Wholeness Group you agree to these Extended Terms & Conditions as binding and enforceable.

SCHEDULING OF COACHING SERVICES + COMMUNICATION POLICY

1. SCHEDULING OF COACHING SESSIONS 
   Company will designate certain days and times for in person and online session availability and Client may choose which time to schedule Client’s sessions accordingly. A one (1) week cancellation notice is required for all scheduled coaching sessions. Cancellation requests by Client made less than one (1) week prior to the scheduled coaching session may result in the forfeit of the coaching session at the Company’s discretion. If Company must reschedule the appointment for any reason, the missed appointment will be rescheduled, and such coaching session will not be deemed forfeited by Client. Company and Client commit to start and finish each coaching session on time. If the Client is more than ten (10) minutes late for a coaching session without notice, Company will assume the coaching session is cancelled and the coaching session shall be deemed forfeited by the Client. All sessions must be completed, unless forfeited, during the Term of this Agreement.
   
   

2. COMMUNICATION POLICY
   Client may contact team@yolyavalos.com with any non-session related questions such as scheduling or technical support. For clients enrolled in VIP and Group programs, all session-related messages shall be sent via the Practice Better client portal.
   
   

3. BUSINESS HOURS
   Company's business operating hours are as follows: Monday – Friday from 9:00 am to 5:00pm PST during which time the team is available via email and client will receive a response within 24 hours. Company will be closed on holidays and for vacation(s), which may affect Company’s business operating hours. Company’s closures for vacation are within the Company’s sole authority and discretion. 

PAYMENT, REFUND, AND CANCELLATION TERMS:

1. LATE FEES.
   To maintain flexibility, we do not charge late fees. However, if Client’s second payment installment is not received within fourteen (14) days of the payment date and no prior communication or reasonable extension request has been made, the Client will forfeit their coaching spot and will not be eligible for a refund of their first payment. In that case, Client may be moved to the Company’s next cohort.
   
   

2. CHARGEBACKS.
   Client agrees to make every attempt to contact the Company prior to attempting a chargeback with Client’s financial institution. Client will remain responsible for amounts due under this Agreement in the event Client disputes payment with its financial institution. In the event of a chargeback attempt, Client expressly agrees to forfeit any and all intellectual property or deliverables afforded to Client in exchange for Client’s purchase of Company’s Services.  Company reserves the right to present proof of purchase and this Agreement to the financial institution investigating the dispute.
    
3. CANCELLATION POLICY.
   Due to the small nature of the program and limited availability of coaching spots, refunds are not available. Once the first payment has been made, it is non-refundable; however, no further payments will be required if you choose to withdraw at that stage. If you withdraw after making the second payment, no refunds will be issued. However, you may request to apply your payment as a credit toward participation in a future cohort offered by Company. Please note that no refunds or discounts will be given for late arrivals, early departures, flight cancellations, travel delays, or illness relating to the Event. However, Company may permit Client to reschedule the Event if there is a flight cancellation, illness or other extenuating event so long as the Event is rescheduled within 7-10 days of their original date pending Company’s availability. Such rescheduling is within Company’s sole authority and discretion. If Client is required to travel to attend the Event, Company strongly advises Client to purchase travel insurance.

CONFIDENTIALITY AND CONTRIBUTIONS

1. COMPANY CONFIDENTIALITY
   Company agrees not to disclose any information pertaining to Client without Client’s written consent, with the exception of the information described herein. Confidential Information does not include information that: (a) was in Company’s possession prior to its being furnished by Client; (b) is generally known to the public; (c) is obtained by Company from a third party, without breach of any obligation owed to Client; (d) is independently developed by Company without use of or reference to Client’s Confidential Information; (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company and as a result of such disclosure Company reasonably believes there to be an imminent or likely risk of danger or harm to Client or others; or (g) involves illegal activity. Client should also be aware that telephone, email and videoconference are not encrypted methods of communication, and some confidentiality risk exists with their use. Client must raise any confidentiality questions or concerns with the Company in a timely manner. 
   
   

2. CLIENT CONFIDENTILITY
   During the course of Company’s performance of Services, Client may receive, have access to and create documents, records and information of a confidential and proprietary nature to Company. This confidential information may include but is not limited to Company work product, coaching, training or educational materials, company and member information, marketing plans and strategies, market research, client and other mailing lists, business transactions, supplier or vendor relationships, contract terms, present and future projects and products, and pricing and cost information, and other information that is not generally known to the public (“Confidential Information”). Client acknowledges and agrees that such Confidential Information is an asset of Company, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of Company must be kept strictly confidential and used only in connection with the Client’s performance under this Agreement. Client acknowledges that the information, protocols and materials shared with Client throughout the Services is customized for Client and should not be shared with any third party. Client agrees that the Services do not constitute any practitioner training and Client shall not practice what they learn during the Services in their own business. Client agrees that he or she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except as otherwise directed by Company in the course of Client’s performance under this Agreement, and thereafter only with the written permission of Company. Client shall notify the Company immediately in the event Client becomes aware of any loss or disclosure of any Confidential Information. Upon termination of this Agreement or upon the request of Company, Client will return to Company all of the Confidential Information, and all copies or reproductions thereof, which are in Client’s possession or control. Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.
   
   

3. USER CONTRIBUTIONS (TESTIMONIALS).
   At the Company’s discretion, Client may be asked to submit a testimonial, comment, photo, video or other materials to Company regarding the Services or participate in an original production showcasing success stories. If Client provides such content or participates in a production, Client agrees that Company has a non-revocable commercial license to republish Client’s comment, photo, video or other materials, in whole or in part, unless Client explicitly states in writing that Company does not have such permission.

MEDICAL DISCLAIMERS AND DISCLAIMERS OF LIABILITY

1. MEDICAL ADVICE DISCLAIMER.
   Company cannot guarantee success merely by the Client’s purchase of and/or participation in Company’s Services. Client understands that individual results and outcomes will vary. Any results displayed on Company’s website or in any of his/her materials are not guaranteed or typical. Individual results depend on many factors, including an individual’s background, motivation, business experience and individual capacity. The use of Company’s information, products and services should be based on Client’s due diligence. Company’s services and advice are for informational and educational purposes only. Company does not and will not prescribe, diagnose or advise to remove any prescription medication. Company is not a licensed medical doctor, psychologist, or healthcare professional and does not diagnose, treat, cure, or prevent any medical or psychological conditions. Services are not a substitute for medical/healthcare advice or services, or a form of therapy. Services are not intended to cure, treat, or diagnose any medical conditions which a user may have. Services are 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 Client’s exclusive responsibility to seek such independent professional guidance as needed.  Company is not a registered dietician. Client agrees that Company is not and will not be liable or responsible for any allergic reactions or other injury as a result of Client’s participation of Company’s Services. Client agrees to observe and obey all instructions and warnings given by Company. If Client is currently under the care of a medical or mental health professional, Client must promptly inform the Company regarding the nature and extent of the relationship, pre-existing conditions, and treatment being provided to the Client. Collaborator shall also notify their medical or mental health professional of Collaborator’s participation in the Services. By participating in Services, Client recognizes that there are certain inherent risks in the activities and assumes full responsibility for any personal injury. Company disclaims any liability for economic loss, physical injury or illness. Client agrees that Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services.
   
   

2. RESULTS AND EARNINGS DISCLAIMER.
   While we may reference certain results, outcomes or situations in connection with the Services, Client understands and acknowledges that Company makes no guarantee as to the accuracy of third-party statements made or the likelihood of success for Client as a result of these statements. Client understands that individual results and outcomes will vary. Company cannot guarantee Client’s success merely by Client’s participation in the Services or Client’s access, purchase or completion of any material provided relating to the Services. Any results provided in connection with the Services are not guaranteed or typical. Client’s use of the Services or items obtained throughout Client’s participation in the Services is at Client’s own risk and are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
    
3. TECHNOLOGY DISCLAIMER.
   Company makes reasonable efforts to provide Client with modern, reliable technological platforms. However, in the event of a technological failure, Client accepts and acknowledges Company’s lack of responsibility for said failure. Company cannot guarantee that all information provided in connection with the Services is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.  
   
   
4. MEDICAL TREATMENT AT EVENT.
   By participating in any in-person session, workshop, or the Event organized by the Company: 
   
   
   1. Client consents to receiving medical treatment deemed necessary in the event of injury or illness during the in-person sessions, workshop or Event. 
   2. It is Client’s responsibility to inform Company of any pre-existing medical conditions, injuries, or other health concerns prior to or during the in-person sessions, workshop or Event. 
   3. In the event of injury or medical emergency, the Company may contact medical professionals or request medical assistance on Client’s behalf, but the Company is not responsible for providing medical treatment or acting as a substitute for professional medical care. 
   4. Client understands and agrees that they are solely responsible for all costs associated with medical treatment, including any transportation or evacuation services required. Client hereby releases the Company from any liability, claims, or actions related to the provision of medical treatment or emergency services. 
   5. Client releases, forever discharges, and holds harmless the Company from any claim based on such treatment or other medical services. We accept no responsibility for any illness or personal injury.
      
      
5. DISCLAIMER OF LIABILITY FOR TRAVEL AND THIRD PARTIES.
   In the event that Client is required to travel to attend any in-person sessions with Company, Client acknowledges and agrees that Company has no liability for any acts, omissions, or defaults, negligent or otherwise, of airlines, car rental operators, ferry companies, hoteliers, tour operators, or any other suppliers. 
   
   
   1. ALLERGY DISCLAIMER.
      If Company chooses to provide snacks and meals during the Event or any in-person session, any attendees with food allergies must make Company, and any applicable third party preparing or serving any food, aware of any allergens and the severity of them. Company is not a certified nutritionist or registered dietician. Client agrees that Company is not and will not be liable or responsible for any allergic reactions or other injury as a result of Client’s participation and attendance at the Event.
      
      
   2. LIMITATION OF LIABILITY AND DAMAGES.
      Notwithstanding any damages that Client may incur, Company’s entire liability under this Agreement, and Client’s exclusive remedy, will be limited to the amount actually paid by or on Client’s behalf to Company under this Agreement for all Services rendered through and including the termination date. Neither Party shall, under any circumstances, be liable to the other Party for consequential, incidental, indirect or special damages, including but not limited to loss of actual or anticipated profits or income, punitive damages, loss of revenue; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties. To the fullest extent permitted by law, Company’s liability is limited to the amount paid by Client for Services. In no event will Company be liable for any indirect, incidental, special, or consequential damages.
      
      
   3. GOVERNING LAW. 
      This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
      
      
   4. MEDIATION.
      In the event a dispute shall arise between the Parties that is related to or arises out of this Agreement, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in San Diego, California or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.
      
      
   5. JURISDICTION AND VENUE.
      If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of San Diego, California and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.