The Brightspot Trust Liability Agreement
Last revised on: February 2, 2020
This agreement (“Agreement”) sets forth the terms under which Rick Kitagawa and Lisa Lambert (“we,” “our” “the facilitators,” “the coaches,” “the workshop”, “The Trusted Leader Lab,” or “the Brightspot Trust”) operate The Brightspot Trust engagements, programs, and resources. “You,” “your,” “participant,” or “Leader” (with a capital “L”), refers to the person agreeing to these terms.
If you participate in our programming and/or workshops, consume our content, or are involved in a consulting or advisory agreement with us, you agree to have read, understood, and abide by these terms. If you do not agree to these terms, do not engage with The Brightspot Trust.
You agree that you have the right, authority, and capacity to agree to these terms, including being over 18 years of age.
These terms require the non-legal term of “talking it out” as a first basis to solving all disputes. If parties cannot come to agreement, the legal term of arbitration will be used rather than jury trials or class action suits.
You understand that while we strive to create an emotionally and psychologically safe and inclusive space, many of our initiatives involve interacting with other participants in situations that include the facilitators, as well as situations that do not include the facilitators. We agree to create the best possible online learning space for you. You agree to not hold us liable for the words or actions made by others you may encounter through your interactions with The Brightspot Trust.
You agree that you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your engagement with The Brightspot Trust material, workshops, coaching calls, interactions with others, and interactions with the facilitators. You acknowledge that the The Brightspot Trust is focused on leadership development, but leadership coaching may be a comprehensive process that might involve different areas of your life, including work, finances, health, relationships, education, and recreation. You agree that deciding how to handle these issues, incorporate our material into those areas, and implementing choices is exclusively your responsibility.
As such, you agree that the facilitators are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services, actions, content, or advice provided by our programming, materials, facilitators, or subcontractors hired by The Brightspot Trust.
You understand that coaching is not therapy. Coaching sessions, workshops, and our materials are not substitutes 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 your exclusive responsibility to seek such independent professional guidance as needed.
If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement.