Terms of Service
Last Updated: May 22, 2025
Birch Cove’s Private Client Health Coaching and Emotion Code Energy Sessions are interactive and transformative experience where the outcomes are directly influenced by the time, energy, presence, personal reflection, and commitment invested. Active participation and a genuine commitment to exploring and implementing your choices are essential for success. Please only sign up if you are fully committed to investing in yourself, ready for change, and open to growth. This is a lifelong investment in your well-being and personal development.
The Coaching Agreement ("Agreement") is designed to support Participants in achieving personal change and improvement goals through our engagement ("Program"). To ensure effective and meaningful coaching services, Birch Cove, LLC ("Coach" or “Practitioner” or "We/Us/Our") requires that clients understand and agree to certain terms and conditions before beginning the Program. Please review the terms outlined below.
COACHING OVERVIEW
Coaching and Energy Sessions are a collaborative, solution focused, results-oriented and systematic process in which the Coach facilitates the enhancement of personal and work performance, self-directed learning and personal and professional growth of the Participant. Throughout the working relationship, the Coach will engage in direct, personal and often challenging conversations. Participant understands that successful coaching requires an active collaborative approach between Participant and Coach. The completion of assigned work is an essential step in this approach. The Coach’s role is that of ‘facilitator of change’ while it is the Participant’s responsibility to enact such change and be open to their own transformation. Participation in Birch Cove’s offerings, whether paid or complimentary, is subject to the same terms and conditions outlined in this Agreement. Complimentary services are provided as a professional courtesy and carry the same expectations regarding commitment, conduct, confidentiality, and personal responsibility.
OBJECTIVES & OUTCOMES
As a Coach, our goals include helping clients/you to achieve some or all the following outcomes**:
Identify a health and wellness or life, personal or professional goal
Develop your health and well-being vision
Identify specific thoughts, beliefs, values or behaviors that currently impede the accomplishment of your goals.
Identify underlying assumptions that drive these behaviors.
Discover the power of somatic experience with a view to unlocking next steps and growth on your own journey based on your needs, desires and timing.
Uncover new levels of insights regarding your health and well-being.
Identify and release trapped emotions that may be stuck in your body (emotion code only)
** Individual outcomes may vary depending on the specific Program (or portions) for which Participant enrolls.
PURCHASING POLICY
Prices: Prices are subject to change at any time. The price at the time of booking is applicable.
Payment Terms: For all sessions, full payment is required upfront via a QuickBooks invoice, and no refunds will be issued.
Refunds: Refunds are not provided for any packages or sessions.
Cancellation and No-Show Policy: For all sessions, cancellations must be made at least 24 hours before the session, or the session payment will be forfeited. No-shows will be charged for the session, without rescheduling opportunity and payment forfeited.
Rescheduling: For all sessions, rescheduling is allowed with at least 24 hours’ notice. After 24 hours full payment will be forfeited.
PARTICIPANT RESPONSIBILITIES
Attendance. You are choosing to participate to work on your own health, well-being, and overall improvement. As such, it is expected that you will attend all sessions.
Participation & Honesty. In order to enhance the coaching relationship, you agree to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the sessions.
Timely Work. The Coach will assign certain exercises and challenges. Completing assignments in advance will promote a richer dialogue during sessions and deeper transformation.
SCHEDULING
Time and Duration. The time of the coaching meetings will be determined by mutual agreement between the Coach and the Client. Each session is determined by the package selected and will end promptly at the intended end time.
Package sessions must be booked and completed within 3-months of the start date.
Specialization Packages (Hormone, Nervous System, Inflammation, Bio-Age) sessions must be booked and completed within the 2-months of the start date, and scheduled as program outlines, excepting of holidays and absences.
Holiday and Absence Policy: The Coach and Client may take scheduled holidays or absences during the term of the Program, which may impact the coaching schedule. The Coach will provide advance notice of planned absences and will work with the Client to reschedule affected sessions. Any sessions missed due to the Coach’s holidays or absences will be rescheduled at no additional charge to the Client. The Client accepts they will communicate with the Coach in a timely manner any holiday or vacation plans that may impact their sessions. The purchasing, cancellation, and refund policy applies.
COMMUNICATIONS
Email Registration: By registering with your email address, you agree to receive communications at that address. As a paying client, you will also be added to Birch Cove's community email list, you maintain the right to unsubscribe from the emails.
Text Notifications: By providing your cell number when booking a session, you consent to receive text notifications for session reminders and invoice updates as needed.
Transformation Package Clients Only: You may text and email with Sarah Parkins during business hours, Monday to Thursday from 10am to 5pm. Sarah will respond as promptly as possible, excluding holidays and absences.
CANCELLATION & REFUND POLICY
Cancellation: If the Client needs to cancel an appointment, the Client must do so 24 hours in advance; otherwise, the Client will forfeit that appointment and will not have an opportunity to reschedule it, the Client will purchase a new session or service as desired. The Client can cancel an appointment to rebook at another time, but a refund will not be given.
Reschedules: If the Client needs to reschedule an appointment, the Client must do so 24 hours in advance; otherwise, the Client will forfeit that appointment and will not have an opportunity to reschedule it, the Client will purchase a new session or service as desired.
No Shows: If the Client does not show to a scheduled appointment, the Client will forfeit the appointment and will not have the opportunity to reschedule it, the Client will purchase a new session or service as desired.
Late Arrivals: If the Client arrives late to an appointment the session will be conducted in the remaining time and at the discretion of Birch Cove as to whether the additional runover time will be offered at that time.
Refunds: Once the Client has paid for services there are no refunds available.
TERM & TERMINATION
This Agreement and our Coaching relationship may be terminated at any time for any reason, upon providing seven (7) days’ notice. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating Coach’s intellectual property rights (or those of a third party), failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in effect. PLEASE NOTE that termination (for any reason) at any time after the beginning of the first meeting does NOT entitle Participant to a refund of any kind.
PROGRAM DISCLAIMERS
By participating in any service or program, Participant / Client understands, accepts, and agrees that:
Services provided by Coach/ Practitioner (including its affiliates) are educational in nature, aimed to advance their learning; and such coaching services are undertaken knowingly and voluntarily by Participant;
Coach makes no guarantees and expressly declaims any promise of outcome, gains, change, or consequence as a result of Participant’s involvement with the Program.
Participant will treat all coaches with courtesy and respect, abide by the guidelines of the Program, including requests of the Coach, and shall adhere to all other terms and conditions of the Program.
Client acknowledges that the Coach acts as a facilitative partner and that the Coach’s primary role is not that of a content expert or educator or to diagnose, advise, or instruct the Client on what to do.
Client is at all times responsible for consulting with their professional advisors concerning medical, financial, nutritional, dietary, and other matters, prior to making any impactful decisions, changes, or lifestyle choices.
Client acknowledges that Coach does not have control over the actions of any third parties, and as such, Participant is responsible for using prudent judgment in assessing their own environment and how to apply the information learned in the Program.
Participant agrees to communicate honestly and dedicate their time and energy to participating fully in the Program.
Assume full responsibility for personal health and well-being during and after the session
Recognize that participation is entirely voluntary and may be discontinued at any time, acknowledging and adhering to cancellation and payment policies;
Complimentary Services: These terms and conditions apply in full to both paid and complimentary services. If receiving services at no cost, all responsibilities, policies, and disclaimers outlined in this Agreement remain in effect. Complimentary access does not waive any of the expectations or legal boundaries set forth herein.
Consult appropriate healthcare providers for medical or psychological concerns, as needed.
CONFIDENTIALITY & DISCRETION
Participant shall maintain confidentiality of the Program content/material, and any proprietary content, methods, or systems which may constitute protected intellectual property of the Coach and or its affiliates.
Participant shall maintain confidentiality of the personal and professional disclosures of any other Participants.
Intellectual Property (IP) – Coach and its affiliates shall at all times retain all rights to their respective intellectual property; and no aspect of this agreement or the Coaching engagement shall convey any right, title, or interest in Coach’s IP to Participant or any other third party.
Relationship of Parties: Coach and Participant shall at all times be considered independent contractors, and no agency, partnership, or joint venture shall be created between the parties as a result of this Agreement. No party hereto has any authority to bind or commit the other to third parties.
Warranties - All information, material, content (delivered in person or online), any platforms, and Coach services delivered hereunder are delivered “AS-IS” without any warranties of any kind.
Limitation of Liability - To the fullest extent permitted, except a party’s gross negligence or violation of law, neither party shall be liable to the other for any special, incidental, punitive, consequential or other indirect or exemplary damages arising in any way out of or under this Agreement, even if such party has been advised of the possibility of such damages.
All information shared during the session will be treated as confidential to the extent permitted by law. However, confidentiality may be breached under the following circumstances:
If there is reasonable suspicion (based on statements, observations, or credible indicators) of child abuse, elder abuse, human trafficking, or other such activities;
If there is a credible and immediate risk of harm to the participant or another individual, steps will be taken to prevent that harm. In such cases, protection of life and safety overrides the participant’s right to privacy, and disclosure may occur without consent.
Governing Law – The services provided by Coach and the working relationship and obligations of the parties shall at all times be governed by and interpreted in accordance with the laws of the State of New York. All Parties agree the jurisdiction and venue for any disputes shall be in Manhattan, New York.
RISKS & LIMITATIONS
Although many individuals report positive outcomes, responses to Health Coaching and/ or Emotion Code sessions may vary. Participants may experience emotional or physical reactions or responses during or after the session as part of the energetic release process associated with the Emotion Code session. This work is not a substitute for licensed medical care or mental health services. Participants are encouraged to consult and follow advice from qualified professionals for any health conditions or psychological support needs.
NOTICE OF PRIVACY PRACTICES (NPP)
This section is provided to inform you of the privacy practices related to the collection, use, and protection of personal information during the Health Coaching and / or Emotion Code sessions. Please review the following:
Privacy of Information: Any personal health information shared during the session will be kept private and confidential. This information will not be shared with any third parties without your consent, except as outlined in the Confidentiality and Discretion section above.
Purpose of Information: Personal information will only be used for the purpose of conducting Health Coaching and / or Emotion Code sessions and for the practitioner’s service offering. This includes tracking any relevant progress or concerns that may arise during the session
Access and Control: You have the right to request access to your personal information and to request corrections to any inaccuracies. If you would like to review or modify your information, please contact the practitioner.
Retention of Information: Your personal information will be securely stored for the duration of the practitioner’s business.
Further Terms of Service
Last updated: Jul 23, 2024 2:34 PM
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the www.birchcove.co website (the "Website") operated by Birch Cove, LLC, a(n) Limited Liability Company formed in New York, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Our offers and pricing
We offer goods, services, and digital products on this Website. The price of these goods, services, and digital products is as follows: price is listed on the website and / or it shown on the third party site. This price does not include taxes or other fees that you may be charged.
Purchases
When you make a purchase on the Website, you will be using a third party payment processor, Squarespace payments and Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Squarespace payments or Stripe.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
Cancellation policy
We do not offer you the ability to cancel any purchases that you have made of the goods, services, and digital products offered on our Website.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will provide you with 24 hours notice prior to cancelling your order.
We will issue you a refund of the full purchase price that you paid if we cancel your purchase.
Refund policy
We do not offer refunds on any purchases made on this Website.
Shipping policy
When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies.
When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process.
The amount of time that it will take to ship the goods to you will be calculated and presented to you when you place your order.
Advance payments
We may ask you to provide an advance payment on any purchase made of the goods, services, and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the goods, services, and digital products.
We will not be able to issue you a refund of the advance payment that you made if we cancel.
We do not offer you the ability to cancel any purchases that you have made of the goods, services, and digital products offered on this Website. As such, we do not refund advance payments.
No warranty on purchases
The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Remedies
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
Comments and uploading content
By submitting a comment or uploading content onto this Website, you grant Birch Cove, LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:
Content that harasses others;
Content that is discriminatory or offensive;
Swearing, name calling and otherwise abusive content;
Pornographic and sexually explicit content;
Content displaying, depicting or suggesting violence;
Content that exploits or abuses children;
Content encouraging or committing illegal acts;
Content sharing personal information without consent;
Content infringing on someone’s rights, including intellectual property rights;
Content advertising products or services without our permission;
Content whose purpose is spamming others.
Prohibited uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
Impersonating or attempting to impersonate Birch Cove, LLC or its employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
No warranty on Website
This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
Damages and limitation of liability
In no event shall Birch Cove, LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Birch Cove, LLC has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Birch Cove, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Birch Cove, LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Birch Cove, LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Birch Cove, LLC. The aggregate liability of Birch Cove, LLC arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Birch Cove, LLC from you.
Links to third party websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2019 - 2025 Birch Cove, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Birch Cove, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Birch Cove, LLC or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Sarah Parkins at hello@birchcove.co.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Birch Cove, LLC
Sarah Parkins
hello@birchcove.co
+1 201 777 1150
2248 Broadway, #1860
New York NY 10024
United States
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in New York County, New York.
You and Birch Cove, LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
Questions
If you have any questions about our Terms of Service, please contact us at hello@birchcove.co.