Terms and Conditions
Welcome to the website of Elite Mynd Performance LLC (“ELITE MYND”). By accessing or using this website and its services, you agree to the following terms and conditions. If you do not agree with any part of these terms and conditions, please do not use our services. These terms and conditions are superseded in whole or in part by any separate agreement entered with clients with respect to the provision of services by ELITE MYND.
1. Services Provided
ELITE MYND provides mental performance coaching and similar consulting services to athletes, coaches, and other professionals seeking to enhance their mental skills for performance optimization. Our services do not include psychotherapy, counseling, or any form of therapy. Mental performance coaching is distinct from mental health treatment, and we do not diagnose or treat mental health disorders. If, during our coaching, it is determined that mental health counseling or therapy is necessary, we will refer you to a qualified mental health professional.
2. Services Are Not Therapy or Psychotherapy
Mental performance coaching focuses on helping individuals enhance their mental resilience, goal-setting, focus, and performance strategies. It is important to understand that coaching is not a substitute for therapy, psychotherapy, or other mental health services. If you are experiencing mental health issues, such as depression, anxiety, or trauma, please seek the help of a licensed therapist or mental health professional. Our role is to support your performance-related goals and mental skills, and we adhere to the guidelines provided by the International Coaching Federation (“ICF”) and the Association for Applied Sport Psychology (“AASP”) on making appropriate referrals when necessary. In the event that it becomes clear that mental health counseling or psychotherapy is needed, ELITE MYND will make appropriate referrals to a licensed mental health professional. Our coaches are not licensed to provide therapy, and we will always refer clients when therapeutic needs fall outside the scope of mental performance coaching.
3. Confidentiality
ELITE MYND respects the confidentiality of all clients, including minor athletes. Information shared during coaching sessions will remain private and will not be disclosed to third parties without explicit consent, except when required by law. However, when working with minors, we recognize the importance of involving parents or guardians in the process. As such, we may share general feedback or progress updates with parents, while maintaining the confidentiality of specific details discussed in sessions, unless the minor consents to sharing or if there is a legal obligation to do so. We adhere to the confidentiality standards outlined in the ETHICS CODE: AASP Ethical Principles and Standards and the ICF Code of Ethics, while balancing the unique needs of minors and their families.
4. Coaching Relationship
The coaching relationship is one of partnership and collaboration. You are responsible for implementing the strategies discussed during our sessions, and the outcomes of coaching depend largely on your effort, commitment, and active participation. ELITE MYND does not guarantee specific results, as success in mental performance coaching is highly individualized.
5. Ethical Standards
ELITE MYND adheres to the ETHICS CODE: AASP Ethical Principles and Standards and the ICF Code of Ethics, ensuring that all coaching practices maintain industry standard ethical practices. We are committed to transparency, integrity, and respect in all client relationships.
6. Disclaimer
ELITE MYND makes no representations or warranties regarding the accuracy, reliability, or completeness of the information on this website. The content provided is for general informational purposes and should not be interpreted as advice or recommendations specific to any individual. Your use of the information on this website is at your own risk.
7. Limitation of Liability and Indemnification
To the maximum extent permitted by law, ELITE MYND and its employees, affiliates, and representatives shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of our services or this website. This limitation applies to all claims, including, but not limited to, negligence, breach of contract, or other torts.
You agree to indemnify and hold ELITE MYND and each of its members, directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these terms and conditions, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you share with ELITE MYND, (iv) your use of this website or any services that ELITE MYND may provide via the website, and (v) your conduct in connection with the website or the services or with other users of the website or the services.
8. Payment and Cancellation Policy
Payments for services and cancellations (if any) must be made in accordance with the terms set out in your coaching agreement or other agreement.
9. Intellectual Property
“ELITE MYND Performance” is a trademark of Elite Mynd Performance LLC, and is currently pending approval by the United States Patent and Trademark Office under Serial Number 98671986. All rights to the name and brand are reserved, and any unauthorized use of the trademark is strictly prohibited and subject to legal action under applicable intellectual property laws.
You agree that the website itself, as well as all content, videos, training materials, products, services and/or any other materials, made available on the website by ELITE MYND or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by ELITE MYND and are the property of ELITE MYND and/or its third party providers. You agree that such Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the website, excluding only the materials you provide. Subject to your compliance with these terms and conditions, ELITE MYND hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the website solely for your personal purposes. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by ELITE MYND. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the website or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of ELITE MYND.
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the ELITE MYND and/or a supplier to ELITE MYND. No such materials may be used except as provided in these terms and conditions.
All trade names, trademarks, and images and biographical information of people used in the Content and contained in the website, including without limitation the name and trademark “ELITE MYND Performance” and “ELITE MYND”, are either the property of, or used with permission by, ELITE MYND. The use of Content by you is strictly prohibited unless specifically permitted by these terms and conditions. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the ELITE MYND and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in terms and conditions or in this website shall be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of ELITE MYND or third party owner.
10. Notices & Communications
When you provide your contact information, including, but not limited to, your address, phone number and email address, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from ELITE MYND. You similarly consent to receive notices electronically by way of transmitting the notice to you by email. You may request to stop receiving any communications from ELITE MYND by writing to info@elite-mynd.com.
11. Changes to Terms and Conditions
ELITE MYND reserves the right to update or change these terms and conditions at any time. Please review this page regularly to stay informed about our current terms and conditions. Continued use of the website or services after any changes constitutes your acceptance of the revised terms.
12. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal disputes shall be resolved in the courts of Union County, New Jersey.
13. Contact Information
For any questions about these terms and conditions or to inquire about services, please contact us at info@elite-mynd.com.
Updated: September 16, 2024