RECITALS:
WHEREAS, Client is desirous of implementing coaching services into the Client's life, as
discussed more fully below;
WHEREAS, Coach is skilled and capable in the areas Client needs and would like to coach
Client; NOW, therefore, in consideration of the promises and covenants contained herein, the receipt and
sufficiency of which is acknowledged, the Parties do hereby agree as follows:
Article 1 - SCOPE:
This Agreement sets forth the terms and conditions whereby the Coach agrees to provide professional coaching Services (as described below). The coach will be engaged for the limited purpose of providing these services to the Client.
Article 2 - COACHING TERMS:
A coaching relationship between two Parties is essentially a relationship whereby the Coach assists the Client in meeting the Client's potential within the areas the coaching relationship is meant to focus on.
The client hereby acknowledges and agrees:
a.) The client is solely and exclusively responsible for the choices that the Client makes with regard to this coaching relationship, as well as the Coach's recommendations and input;
b.) The client is solely and exclusively responsible for Client's own mental health, physical health, business decisions, and any other actions or inaction Client chooses to take;
c.) Coach is not liable for any result or non-result or any consequences which may come about due to Client's relationship with Coach;
d.) Coaching is not a therapeutic relationship or a medical one. The coach may not provide therapy or medical services and the Client is responsible for procuring these services at the
Client's own will and discretion if needed.
Article 3 - DESCRIPTION OF SERVICES:
The Client hereby engages the Coach, and the Coach accepts such engagement to provide the following coaching services for the Client (hereinafter, the "Services"):
Life, holistic wellness, health, and relationship coaching.
Coach and Client will use the following methods of contact for meetings throughout the coaching relationship: Phone, Video Conference, Email, Text Messaging
Article 4 - WARRANTIES & DISCLAIMERS:
Coach represents and warrants that Coach has the knowledge, skills, and experience necessary to provide the Services. Coach agrees that during the term of this Agreement, Coach will agree to provide the Services at the request of the Client.
Coach is not a medical doctor, psychologist, and/or therapist, and services do not replace the care of other professionals. Wellness coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result either directly or indirectly, from the information or coaching provided.
Article 5 - AVAILABILITY & SCHEDULE:
Coach and Client agree to have coaching meetings on the following dates and times:
Group Calls on Mondays from 5 pm to 6:30 pm CST for 9 consecutive weeks.
Individual Coaching Sessions (2) are to be scheduled by the client at their convenience using the scheduling link provided in the program.
Coach and Client may agree to a change of the schedule between them, through an additional agreed upon time via text or email. Coach and Client may also agree to adjust each meeting on a per-meeting basis.
Article 6 - FEES AND EXPENSES:
The client will be billed through an invoicing system for a flat fee of the following amount:
$275 (Five thousand US dollars) for a nine-week group coaching package that includes 9 group sessions and 2 one on one sessions, with access to the coach via text and email between sessions.
Article 7 - REFUND POLICY:
The client shall not be entitled to any refund for any monies spent under this Agreement. If Client wishes to terminate this Agreement prior to its planned expiration, Client will forfeit each of the fees paid to the Coach.
Article 8- CONFIDENTIALITY:
The existence of this coaching relationship, as well as any information that Coach receives from Client, are to be fully and completely confidential under the terms of this Agreement. The client hereby acknowledges and agrees, however, that a Coach-Client relationship is not considered a legally confidential relationship and therefore communications between the Coach and the Client are not subject to any legal confidentiality requirement or privilege. The coach will not, however, disclose Client's name or any of Client's information without Client's consent, unless subject to a legal requirement, such as a court order, subpoena, or law enforcement inquiry. It will be the Client's responsibility to address any confidentiality issues with the Coach.
Confidential information under this Agreement shall specifically not include the following categories: (1) information that is generally known to the public or known to Client's specific industry, (2) information freely given by Client to any third party; (3) information received by Coach from any source that is not Client; (4) information in Coach's possession prior to this contractual Agreement; (5) information developed independently by the Coach; (6) information which is received by the Coach from the Client but that may imminently harm the Client or another individual; or (7) information about any illegal activity.
Article 9- TERMINATION:
This Agreement will automatically terminate after the agreed-upon amount of coaching meetings have been completed. The Parties may choose to renew this Agreement, with all of its terms and conditions, by providing notice the following amount of time prior to the planned termination: 7 Calendar days. The notice must be in writing. If the Parties agree, this Agreement will continue for a term that is the exact same as the original term.
The Parties may also terminate this Agreement prior to its natural expiration under certain circumstances.
This Agreement may be immediately terminated in the event that there is a breach of the terms by either Party. For a material breach, the Parties are required to give notice, in writing, specifying what the breach was, but do not have to give advance notice to terminate the Agreement.
This agreement will also immediately terminate upon the death of the Coach or Client, the inability of the Coach to perform the Services because of a sudden and medically documented physical or mental disability, the liquidation, dissolution, or discontinuance of the business of the Client in any manner, or the filing of any petition by or against the Client or Coach under federal or state bankruptcy or insolvency laws.
This Agreement may also be terminated by either Party in writing for any reason. Notice shall be given at least the following amount of time before termination: 7 Calendar days.
Upon termination, all fees and reimbursements shall be paid and provided to the Coach as they have accrued up to the date of termination.
Article 10- LIMITATION OF LIABILITY:
Coach's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this agreement shall be limited to fees paid by the Client to the Coach. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.