Terms & Conditons
1. DESCRIPTION OF SERVICES. Mental Performance Package
Assessments: Personality/motivation and cognitive performance assessments and custom reports Coaching: Four (4) virtual mental training sessions/month on average.
Extra Support: As-needed administrative and coaching support via texting and brief phone calls.
2. PAYMENT. Payment shall be made to MyndGame LLC via Stripe ( Credit Card On File);
The client agrees to pay as follows:
Payment Terms and Amount:
Mental Performance Training Dates: Mental Performance Coaching Fees: $600 per month ( Month To Month or $6120 if paid in full.)
Payment Billed: $600 / Month for 12 (Twelve Months) one time payment of $6120.
In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, MyndGame LLC can treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
3. WARRANTIES. MyndGame LLC shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which generally meet acceptable standards in MyndGame’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to MyndGame on similar projects.
4. TERM. This Contract will terminate automatically upon completion by MyndGame LLC of the Services required by this Contract.
5. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The failure to make available or deliver the Services in the time and manner provided in this Contract.
6. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The
party receiving such notice shall have ten days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
7. FORCE MAJEURE. If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party & reasonable control and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, orvany other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. Anact or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party or its employees, officers, agents, or affiliates.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. CONFIDENTIALITY. MyndGame LLC and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of MyndGame LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. MyndGame LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
10. LIMITED LIABILITY. MyndGame LLC and its employees, agents, or representatives make no guarantees, representations, or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon, and rendered. In no event shall MyndGame LLC be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, MyndGame LLC’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to MyndGame LLC under this Agreement for all services rendered through and including the termination date. Client agrees that MyndGame LLC is not liable or responsible for any actions or inactions or for any direct or indirect result of any services provided by MyndGame LLC.
11. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
12. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement, whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.
13. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
14. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that parties right to subsequently enforce and compel strict compliance with every provision of this Contract.
16. APPLICABLE LAW. This Contract shall be governed by the laws of the State of FL.
Waiver
I hereby consent for my child to receive mental conditioning services from MyndGame LLC. I understand that all information regarding the content of my child’s mental conditioning services is confidential and will not be released to any other agency or individual without my knowledge and consent, except when required by law. I understand that the consultant is required to report knowledge of child abuse to a dependent or elder adult. I also understand the consultant may break confidentiality if, in the consultant's judgment, there is a serious intent to harm others or oneself. In addition, I understand that the consultant may break confidentiality regarding any knowledge of behavior that violates any organization, agency, coach, or youth sport rules. Further, due to the nature of the sport/exercise/performance context, I understand that there are limitations to confidentiality and services may be provided “outside of the office”. Therefore, I understand that others may be aware that services are being provided to my child, and that the consultant and my child may openly engage in consultation in the sport/exercise/performance context or with others present (e.g., workshops, group sessions). With regards to the use of any technology or distance-based communication (email, text, phone, Zoom, live meeting, etc.) with the consultant, I understand that the consultant will make all efforts to protect my child’s confidentiality. However, I understand
the potential issues regarding the protection of confidentiality associated with using these types of technology. Also, I understand the potential limitations associated with using these types of mediums (for example, experiencing technical difficulties, time delays, impact of not having face-to-face interaction, etc.). Further, I understand that my child and I must make our own efforts to protect my child’s confidentiality when using technology and these types of communication. At all times, my child’s privacy and care will be treated with the highest regard and my child’s confidentiality legally maintained. I understand that the services provided to my child by the consultant are limited to mental conditioning and will not include any
services outside the boundaries of mental skills training for performance, such as psychological treatment and/or working on mental health issues. Any issues outside the limitations of the consulting services can be referred out if necessary or if requested by myself or my child. I also understand that there is an expectation that my child will benefit from consulting but that there is no guarantee that this will occur. I understand that maximum benefit will occur with my child’s consistent attendance and participation in consulting sessions and activities, and through my child’s own motivation, efforts, and implementation of the information, skills, etc. that are discussed with and suggested by the consultant. I have read and fully understand this Consent Form.
ADDENDUM FOR PARENTS, COACHES, AND ATHLETICS STAFF
Because parents, coaches, and other athletics staff have the most contact with youth athletes, it is not uncommon and is also good practice for them to want to check in and be made aware of the nature of the mental conditioning services being provided to the athlete. Checking in can often occur for the sake of a collaborative and holistic approach to overseeing youth athlete
performance and general well-being. Please initial one of the following to indicate your preference regarding this kind of communication. Both myself and my child give the consultant permission to communicate with parents, coaches, and other athletics staff regarding matters of performance and attendance, with the understanding that no personal information will be shared without my permission and only general information regarding the work being done will be provided.