I agree to the following terms and conditions of the contract:
1. TERM OF ENGAGEMENT
You are engaging with me as a Business Coach to provide my Services as part of the designated program you signed up for. The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
2. SESSIONS, ACCESS AND CANCELLATION
Each appointment at which the Services are provided will take place on Zoom. It is your responsibility to attend calls on time; The Coach is not required to extend call times should this happen.
Client has email access as part of your program, I will ensure I respond within 24 hours but cannot be guaranteed at all times.
Both Coach & Client may cancel/reschedule a private coaching session within 24 hours notice for any reason. If either of us cancel a Session, we will reschedule the Session at the earliest mutually convenient time. If I feel you are abusing this policy it is my discretion to forfeit the call.
In consideration of me providing the Services to you, you will remit to me the amount agreed upon and all scheduled payments thereafter.
All sums paid and as scheduled are non-refundable. All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provisions.
4. NATURE OF SERVICES
Coaching does not substitute for professional legal, financial, medical or psychological advice. We may cover areas of personal life and business that you agree to share in confidentiality and with permission. You will not hold me liable for any loss or cost incurred in the event of mental, physical, emotional stress or distress caused directly or indirectly in relation to this coaching program. You will indemnify me in the event of any such claim.
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 the coaching relationship and our coaching calls and interactions. As such, you agree that I am not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any of my services.
You acknowledge that coaching is a comprehensive process that may involve different areas of your life. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility.
I shall provide the Services with due care, skill and ability. Due to the nature of coaching, I do not guarantee any particular results, including increased income.
I make no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered, as permissible by law. In no event shall I be liable to you for any indirect, consequential or special damages.
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, we agree to attempt to mediate in good faith for up to 30 days after notice given. You agree to reimburse me in full and indemnify me against any claim from any associated costs and expenses (including professional fees) arising out of your actions or inactions throughout this program.
The results you may experience will be dependent on many factors including but not limited to the level of personal responsibility, commitment, and abilities, in addition to those factors that may not be anticipated. You understand that 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 program.
6. CONFIDENTIAL INFORMATION
I acknowledge that in the course of providing the Services I will have access to Confidential Information. I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information.
This restriction does not apply to any use or disclosure authorized by you or required by law; by any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or any information which is already in, or comes into, the public domain otherwise than through my unauthorized disclosure.
Permission will be requested to use any results and testimonials arising from your participation in this program for my business use.
7. INTELLECTUAL PROPERTY
I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or any other person.
You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way of the content or materials that I use in the Sessions.
I grant to you a limited, nonexclusive, nontransferable, non sublicensable revocable license to use all of or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only. You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.
8. OBLIGATIONS ON TERMINATION
If either of us give notice to terminate this agreement, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final Session.
On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us at the date of termination of this agreement, including the right to which existed at or before the date of termination.
9. LIMITATION OF LIABILITY
I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, cost, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services. Nothing in this clause shall limit my liability for death or personal injury caused by my negligence or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
The provisions of this clause shall survive termination of this agreement.
10. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS
You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangements, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent); in entering into this agreement you have not relied on any PreContractual Statement, such as any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement. No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
11. THIRD PARTY RIGHTS
A person who is not a party to this agreement shall not have any rights to enforce any term of this agreement. The rights of the parties to terminate, rescind or agree in any variation, waiver or settlement under this agreement are not subject to the content of any person that is not a party to this agreement.
12. GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim arising out of or in connection with it or it’s subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with laws within the State of California.
The parties irrevocably agree that the courts of the state of California shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non contractual disputes or claims).
Note from Coach: I personally take great care in providing with you the services as expected, if not more. If any situation were to arise, it is in the best interest to reach out to me as needed.