Purpose of the Agreement
The purpose of the Agreement is to develop a coaching and/or instructor relationship between the Client and the Coach in order to pursue the Client’s personal, professional and/or business goals. It is also designed to create a strategy and/or plan to achieve those goals, with a view to maximizing the Client’s potential—both personal and professional.
Term
The coaching and course Agreement shall come into effect on the date the Client acknowledges it upon online purchase. It shall stand for as long as the Client is receiving coaching services and/or using Materials.
Client’s responsibilities
The Client agrees to carry out the following responsibilities once the Agreement is acknowledged:
- Attend all purchased coaching sessions
- Review and implement education within purchase Materials
Coach’s responsibilities
The Coach agrees to carry out the following responsibilities once the Agreement is acknowledged by the Client:
- Attend and administer all Client purchased coaching sessions (individual an/or group sessions)
- Deliver purchased Materials (as purchased)
Payment terms and number of sessions
The Parties agree to meet for 1, 3, or 6 sessions, with each of them lasting for 60 minutes.
The Client agrees to pay coaching and/or Material fees to the Coach amounting to the package price presented at checkout in exchange for coaching services and/or Materials. For single payment plans, the Client agrees to pay the full package amount at the time of checkout. For payment plans, the Client agrees to the payment terms presented at checkout and authorizes subsequent payment(s) to be auto drafted from their payment method of choice until the payment plan is satisfied. The Coach will send an invoice to the Client upon checkout and following each payment installment for the services provided.
License & Usage Terms
Coach grants to Client, and Client accepts, for the applicable term only, a non-exclusive, non-transferrable, royalty-free, worldwide right and license to access course, template, infographic, and/or other written materials (“Materials”) for Client’s personal use only. Client may not sublicense, distribute, sell or otherwise transfer any Materials to third parties, including their employer. Client shall not directly or indirectly (i) disassemble, decompile, reverse engineer, reverse assemble, reverse compile or reverse translate any Materials; (ii) encumber, sublicense, transfer, rent, lease, time-share or use Materials in any service bureau arrangement; (iii) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, or otherwise modify Materials; or (iv) permit any third party to engage in any of the foregoing acts.
Intellectual Property
Coach shall retain all of its respective rights, title and interest (including without limitations, patents, copyrights, trade secrets, trademarks and other intellectual property rights) in and to the Materials and all components thereof and any and all future enhancements or modifications thereto howsoever made, and all related rights, and Client shall not take any action inconsistent with such title and ownership. Client will not acquire any rights or licenses, except as expressly provided in this Agreement, under any patents, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement, Client’s use of the Materials or its performance hereunder. Additionally, Client shall not alter or remove any printed or on-screen patent, copyright, trademark, trade secret, proprietary or other legal notices contained on or in copies of any Material.
Confidentiality
The Parties agree to keep all terms and conditions of the Agreement confidential unless their disclosure is required according to law. All conversations and information of this Agreement shall be protected, whereas the Coach may share personal information only with the Client’s permission. The Coach will not share any Client confidential or Client employer confidential information disclosed by Client during coaching sessions.
Disclosing any information for purposes not defined by the Agreement is forbidden unless otherwise agreed upon by the Parties.
Cancellation policy
The Client agrees to inform the Coach 48 hours in advance of any session the Client needs to miss and/or cancel. Depending on the Coach’s schedule, the Coach will try in good faith to find a new slot for the missed meeting.
Refund Policy
Coach delivers access to all Materials immediately and as such, no refunds on Materials are granted. Partial refunds of unused coaching sessions may be granted to the Client upon proof of extenuating circumstances and review and determination by Coach.
Limitation of liability
The Coach shall not be liable for any damages, be it indirect, consequential or special,
suffered by the Client. Unless otherwise stated in the Agreement, the Coach makes no
guarantees or warranties of any kind regarding coaching services the Parties agreed upon.
With respect to this Agreement, the Client agrees not to hold the Coach liable or responsible for any actions and/or inactions.
Severability
In the case that a court or a relevant jurisdiction finds any provision of this Agreement void and/or unenforceable, the remaining provisions shall still be valid in accordance with the intention of both Parties.
Governing law
This Agreement shall be governed in accordance with the laws of Texas in the United States, without giving effect to its conflict of law principles.
Entire agreement
This Agreement includes the entire agreement between the Client and the Coach. It also shows a complete understanding of the Parties with respect to this subject matter. After the Client acknowledges this Agreement, it will supersede all prior agreements, either written or oral, conditions and understandings.
The acknowledged Agreement may not be amended or altered unless otherwise agreed upon by the Client and the Coach.
Dispute resolution
In the event a disagreement or dispute occurs in connection with this Agreement, the Coach and the Client agree to engage in arbitration/mediation/negotiation in accordance with the laws of Texas in the United States.
Attorney fees
In case any dispute arises between the Parties regarding the terms of this Agreement, the winning party shall be entitled to compensation from the other party in order to cover all costs incurred during the dispute, including attorneys’ fees.
Amendments
The Parties agree that this Agreement shall be susceptible to amendments. All changes to the Agreement must be submitted in writing, so that they are signed by both the Client and the Coach. Any amendments agreed upon by the Parties will be applied to this Agreement from the day they are agreed upon.
Waiver
If either party fails to enforce any provision of the Agreement, their action shall not be construed as a waiver of that party’s right to enforce strict compliance with this legal document at a later date.