Terms & Disclaimers
1. Services.
a. Coach will provide coaching services (the “Services”) to Client to develop Client’s professional,
personal, and/or business goals and improve awareness and insight through coaching conversations. The Parties must uphold their obligations under this Agreement for the Services to be successful. Accordingly, Client agrees to communicate honestly, be open to feedback and suggestions, and to be fully engaged in and devoted to the Services. Client agrees to tell Coach expressly if they do not want coaching on certain topics.
b. Client understands and acknowledges that the coaching relationship does not establish a doctor- patient, attorney-client, counseling, accountant-client or similar relationship of any kind between Client and Coach. Client understands that Services may explore different areas of Client’s life, including but not limited to business, professional, and personal matters. Client retains sole discretion about how to incorporate the Services into Client’s life. Coach cannot, and does not, guarantee particular results. Client agrees not to hold Coach liable for any outcomes resulting directly or indirectly from any choices Client makes.
2. Term and Termination
a. Client will notify Coach at least 48 hours in advance of any scheduled session that Client may need to cancel or reschedule. Missed/canceled meetings without 48 hours of notice are forfeit. Coach may make exceptions at Coach’s discretion.
b. Either Party may terminate this Agreement by providing notice in writing. If Client terminates, Client will not be refunded. You acknowledge that because of the extensive time, effort, preparation and care that goes into creating and providing coaching, and consistent with the industry standard, Coach has a no refund policy. All sales are final and no refunds will be provided.
3. Fees. Client agrees to pay all fees in full prior to the first session for Services rendered under this Agreement on dates mutually agreed upon by the Parties.
4. Confidentiality.
a. Coach agrees to keep all information about the Coach / Client relationship strictly confidential
except in very rare circumstances where disclosure is required by law, for example if Client threatens to harm himself or herself or others, or if a court orders. Client acknowledges that Coach / Client communications are not covered by any doctor-patient privilege, attorney-client privilege, or other privilege.
b. Coach agrees not to disclose any information pertaining to Client that personally identifies Client without Client’s prior written consent. Coach may disclose Client breakthroughs, themes, and victories in general, provided that such usage does not disclose Client’s identity or particulars.
5. Materials. Client agrees that all materials, including but not limited to lessons and worksheets, are Coach’s intellectual property. Client may complete and discuss materials only for Client’s personal use.
6. Limited Liability and Disclaimer.
a. ALTHOUGH THE SERVICES OFFERS INSIGHTS AND PROPOSES SUGGESTIONS, COACH
MAKES NO PROMISES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES NEGOTIATED, AGREED UPON AND RENDERED. IN NO EVENT SHALL COACH BE LIABLE TO CLIENT FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES. CLIENT AGREES THAT COACH IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS, OR FOR ANY DIRECT OR INDIRECT RESULT OF ANY SERVICES PROVIDED BY COACH. CLIENT AGREES THAT COACH WILL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY DAMAGES THAT ARISE FROM COACH’S PERFORMANCE OF COACHING. CLIENT AGREES TO INDEMNIFY COACH AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL COSTS, LOSSES, DAMAGES, LIABILITIES, EXPENSES, DEMANDS, AND JUDGMENTS, WHICH MAY ARISE OUT OF COACH’S PERFORMANCE OF THE COACHING.
b. Coach does not provide any financial, legal, medical, or psychological services or advice. Coaching is not intended to be a substitute for professional advice that can be provided by your accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions, and results. Coach disclaims any liability for your reliance on any opinions or advice received as part of the coaching relationship. Coach cannot and does not guarantee any particular results, or financial or business outcomes. To the maximum extent permitted by applicable law, all services are provided “as is” and “as available” without warranty or condition of any kind. Any reliance is at your own risk.
7. General Provisions. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter hereof.
a. This Agreement supersedes all prior written and oral representations between the Parties. This Agreement may not be amended, altered, or supplemented except in writing signed by the Parties. b. 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 any provision of this Agreement is found to be invalid or unenforceable, 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.
c. 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.
d. This Agreement is legal and binding between the Parties. The Parties each represent that they have the authority to enter into this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Florida, without giving effect to any conflicts of laws provisions.
8. Dispute Resolution. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties mutually agree that pursuant to the Federal Arbitration Act, and to the fullest extent permitted by law, any dispute or controversy that may arise between Client and Coach shall be submitted to final, binding, and confidential arbitration as set forth herein. Such arbitration shall be held in the closest major city where the services were performed, or as otherwise mutually agreed, in accordance with the rules then in effect of the American Arbitration Association (which are available at www.adr.org/rules). The parties understand that each party’s promise to resolve claims by arbitration in accordance with the provisions of this agreement, rather than through the courts, is consideration for the other party’s like promise. You further understand that this offer of services is made in consideration of such promise to arbitrate claims.