Coaching Terms & Conditions
Black and Brown Make Green
10900 Research Blvd Ste 160C PMB 1129
Known as "Coach”,
The signers of this coaching agreement
Known as "Client"
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties".
PURPOSE OF THE AGREEMENT
Client wishes to hire Coach to provide services relating to Client’s coaching needs, as detailed in this Agreement. Coach has agreed to provide such services according to the terms of this Agreement.
Package: Client chooses Contractor’s Signature One-on-One package.
Services: Coach shall provide Client with the following services on a one-time basis (“Services”):
Up to 1.5 hours of coaching per session
A total of 6 coaching sessions over a 6-month period
Coach shall provide Client with the following additional Services on an ‘as needed’ basis at the discretion of the Coach:
Unlimited email support for 6 months starting from the date of the first session
Additional hour-long coaching sessions for $130 per session
Cost: The total cost ("Total Cost") for all Services is [$900] and due in full by [DATE OR DAY; EX: JUNE 15, 2020; THE FIRST OF EACH MONTH] or on the following payment schedule. Client shall pay the Total Cost to Coach as follows:
$150 due by 30th of each month for 6 months on a recurring basis
$450 due by 30th of each month for 2 months on a recurring basis
Fees: The total cost for this service is $900.
Expenses: Any expenses incurred by Coach while providing Client with Services will be invoiced to Client in a timely manner. Client is responsible for paying for and delivering any third party software licenses or products Client wishes Coach to utilize by the 30th of the 1st month of engagement. At the Coach’s discretion, Coach will make reasonable efforts to integrate Client’s suggested software or products.
Late Fees: If Coach does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of [$5] per each day that Coach does not receive payment. If Coach has made reasonable attempts to notify Client of Client’s outstanding balance, and Client’s balance remains unpaid or partially paid, then Coach reserves the right to send Client to collections for any and all outstanding payments. Client agrees to pay for all Coach’s reasonable collections and legal costs encountered while attempting to collect against Client.
Schedule: Coach shall deliver Services in a reasonable amount of time. Client must respond to any Coach communication within a reasonable amount of time. If Client fails to respond to Coach within a reasonable amount of time for feedback or any other Coach request(s), it is within the Coach’s discretion to delay or cancel a Client’s Services.
PROTECTIONS & RELATIONSHIP
Copyright Ownership: In the event that any copyrighted work(s) are created or shared as a result of the Services provided by Parties in accordance with this Agreement, the contributing Party owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Party who creates the materials and may be used in the reasonable course of each Party's business going forward. For example, if Coach shares a spreadsheet that Client utilizes, Client may not share, distribute, sell, or otherwise enjoy the privileges of said spreadsheet and copyrighted material contained within the spreadsheet.
Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
Permitted Uses of Material(s): Coach grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Coach with attribution reasonably visible on primary or related course materials or marketing collateral. In no event is Client allowed to share Coach’s materials with any third party without Coach’s express prior written permission.
Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information to the contributing Party. This Agreement imposes no obligation upon the Parties with respect to any confidential information that was possessed before initial business interactions commenced between the Parties, or is rightfully received from a third party not owing a duty of confidentiality to either party.
Relationship of the Parties: Coach and any related subcontractors are not employees, partners, or members of Client’s company or organization. Coach has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. Coach has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operations and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations, or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Coach.
LIMIT OF LIABILITY
Maximum Damages: Client agrees that the maximum amount of damages s/he is entitled to in any claim of or relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Coach.
Indemnification: Client agrees to indemnify and hold harmless Coach, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. In the case of in-person meetings or coaching, Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Coach to pay for any such damages.
Client Responsibilities: Client agrees that the accuracy of information supplied to Contractor is the sole responsibility of Client, and that Contractor is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information provided by Client. Client assumes full responsibility for final deliverable(s) provided, final proofing and accuracy.
Assumption of Risk: Client and related parties/participants expressly assume any risk of Services and related activities as described in this Agreement.
Disclaimer: Client agrees and understands Coach is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist, or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Coaching Agreement, Client must sign a letter of engagement of said professional services. No legal, financial, accounting, nutritional, or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.
Guarantees: Coach cannot make any guarantees as to the results, including financial or other gains, of the coaching provided. Coach agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.
Release: Client has spent a satisfactory amount of time reviewing Coach’s work or past client reviews, and has a reasonable expectation that Coach’s Services will produce a reasonably similar outcome and result for Client. Coach will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with Coach’s current portfolio and services, and Coach will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
Every client and final delivery is different, with different tastes, budgets, and needs;
Financial Coaching is a subjective service and Coach is a provider with a unique vision, with an ever-evolving style and technique;
Coach will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
Dissatisfaction with Coach’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
CANCELLATIONS OR RESCHEDULING
Client Desires to Cancel or Reschedule: If the Client desires to cancel Services of Coach for any reason at any time, then Client shall provide at least 3 days Notice to Coach in order to cancel this contract. Client may reschedule Services with at least 2 hours Notice. Providing Notice will not relieve Client of any currently outstanding payment obligations. Coach will not be obligated to refund any portion of monies Client has previously paid to Coach. If Coach is able to re-book further services on or before Client’s final delivery date, Client may be issued a credit for future services with Contractor at Contractor’s discretion. Coach has no obligation to attempt to re-book further Services to make up for Client’s cancellation or rescheduling.
Coach Desires to Cancel or Reschedule: In the event Coach cannot or will not perform his/her obligations in any or all parts of this Agreement, Coach (or a responsible party) will immediately give Notice to Client, and at the Coach’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Coach, no reasonable substitute is found, Coach shall excuse Client of further performance obligations in this Agreement.
Force Majeure: Notwithstanding the above, either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the Services provided in this Agreement, including:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Governing Law: The laws of Texas govern all matters arising under or relating to this Agreement, including torts.
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
Notice: Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Coach’s Email: firstname.lastname@example.org
Client’s Email(s): [CLIENT’S EMAIL ADDRESS(ES)]
Coach's Address: 10900 Research Blvd STE 160C PMB 1129
Client’s Address(es): [CLIENT’S MAILING ADDRESS, IF DIFFERENT FROM ABOVE]
Merger: This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendments: The Parties may amend this Agreement only by the Parties’ written agreement with proper Notice.
Assignment: Neither Party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided in this Agreement.
Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.