Purpose of Agreement: The purpose of this Agreement is to develop a coaching relationship between the parties in order to cultivate the Client’s personal, professional and/or business goals and create a plan to carry out those goals through stimulating and creative interactions with the ultimate result of maximizing the Client’s personal and/or professional potential (“Coaching Services”).
The Parties agree as follows:
- Coaching Goals. Client wishes to obtain Coach’s services in order to learn how scale their business.(“Program”).
- Coaching Fees. In exchange for Coaching Services, Client agrees to pay Coach $97 for an intensive.
- Coaching Schedule. The Parties agree to meet via Zoom once for an intensive. For missed calls information, read below: Cancellation Policy.
- Coach-Client Relationship – Duties & Responsibilities. A business coaching relationship is a partnership between two or more individuals or entities. This relationship is not a legal partnership, instead more like a teacher-student or coach-athlete relationship. Each party must uphold their obligations for the coaching relationship to be successful.
- Coach agrees to show up for Client on all scheduled or rescheduled calls and on an as needed basis between calls at times convenient to both Coach and Client.
- Client agrees to communicate honestly, be open to feedback and suggestions, and to fully engage and devote themselves to the coaching process.
- Client is solely responsible for implementing the techniques learned through coaching.
- Cancellation Policy. Client agrees to notify Coach 12 hours in advance of any scheduled session that he/she needs to cancel. Coach reserves the right to charge Client for the scheduled session for a missed/canceled meeting if Coach does not receive notice a minimum of 12 hours in advance of call.
- Limited Liability. Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching Services, Additional Services or the Program.. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all Coaching Services or Additional Services provide under this Agreement. Client agrees that the Coach is not liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the Coach.
- Entire Agreement. This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
- Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the prevailing party in any legal action will be entitled to be paid by the other party all costs and expenses incurred, including, but not limited to attorneys’ fees.
- Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
- Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or enforceable, 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.
- Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the state where both Parties reside, without giving effect to any conflicts of laws provisions. If the Parties reside in different states, this Agreement shall be governed and construed in accordance with the laws of the State of Kentucky, without giving effect to any conflicts of laws provisions.
- Return Policy. We want you to be happy with your Program, however, it is your responsibility to bring up any concerns immediately. We will do our absolute best to run this program in a way that works best for you and accommodate you with any needs. However, if you do not address your concerns, we are not responsible for any claims. If for some reason you are not satisfied you may stop the Program at any time, whether or not all sessions have been completed. Because we will have invested considerable time and effort in your Program, if you decide to withdraw for any reason, you will remain fully responsible for all payments and the full cost of this Agreement, including all Fees. To clarify, no refund will be provided for any reason if Client terminates this Agreement for any reason. If the Coach terminates the Agreement, any outstanding payments for services that already have been provided to date will be due immediately, and any payments already made by Client for the Program for sessions that have not yet been held will be immediately refunded to Client pro rata.
- Intellectual Property Rights. Coach retains all ownership rights to the materials provided during Client’s participation under this Agreement (“Coaching Materials”). Coaching Materials include all forms of media, including written, oral or video, in whatever format presented, including hard copy, electronic or recordings. All Coaching Materials will be deemed to be copyrighted materials under applicable laws. The Coaching Materials you are provided are for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any of the Coaching Materials without Coach’s express prior written consent. All intellectual property, including the Coaching Materials, shall remain the sole property of Coach and no license to sell or distribute the Materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Coaching Materials. Client will be responsible for all loss, cost, damage or expense arising out of or in connection with the unauthorized use of the Coaching Materials, including all direct, indirect or consequential loss, and will indemnify and hold Coach harmless from all such unauthorized use of Coaching Materials.
- No Third Party Beneficiaries. Nothing contained in this Agreement shall be deemed to create a contractual relationship with or a cause of action in favor of any third party against Coach.