Coaching Client Agreement
This Coaching Client Agreement (hereinafter "Agreement"), is made effective as of the date of purchase, by and between the following parties:
Nathalie Pincham, hereinafter referred to as "Coach," and you (the purchaser), hereinafter referred to as "Client,"
WHEREAS, Client is desirous of implementing coaching services into the Client's business, 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 Coach agrees to provide professional coaching Services (as described below). Coach will be engaged for the limited purpose of providing these Services to the Client.
Article 2 - NO EMPLOYMENT:
Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.
Article 3 - 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.
Client hereby acknowledges and agrees:
a.) Client is solely and exclusively responsible for the choices that Client makes with regard to this coaching relationship, as well as the Coach's recommendations and input;
b.) 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. Coach may not provide therapy or medical services and Client is responsible for procuring these services at Client's own will and discretion if needed.
Article 4 - 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"):
The Success Accelerator Coaching Program, including ELI Assessment, three 60 minute Zoom calls, and email support between sessions.
Coach and Client will use the following methods of contact for meetings throughout the coaching relationship:
The Success Accelerator Coaching Program includes communication with Coach via Zoom calls and in the private Facebook group (optional).
Coach may agree in a separate, written document to expand the scope of Services to include additional tasks and will include additional fees, as applicable.
Article 5 - WARRANTIES:
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 outlined in this Agreement as above.
Article 6 - NONEXCLUSIVITY:
Coach may be engaged or employed in any other coaching business, trade, profession, or other activity which does not place Coach in a conflict of interest with the Client.
Article 7 - AVAILABILITY & SCHEDULE:
Coach and Client agree to have 3 coaching meetings on mutually agreeable dates and times, which will be booked via Calendly. The length of each coaching meeting shall be 60 minutes.
Article 8 - HOLIDAYS:
Coach will be unavailable on all U.S. Federal Holidays.
Article 9 - FEES AND EXPENSES:
Client will be billed through Stripe on date of registration for the program though the Kajabi platform based on the current pricing for the program on storytonic.co at time of registration.
Article 10 - REFUND POLICY:
Coach is committed to getting results for you in the program, and for that to work effectively, we’ve seen that we need to invite you into making a 100% mutual commitment to participate fully from the very beginning of your program. For this reason, our Success Accelerator is non-refundable.
Article 11 - RECORD RETENTION POLICY:
Coach and Client hereby acknowledge and agree that Coach will maintain communications, documents, information, and notes related to Client, in a manner most convenient for Coach, for 6 months from start of program.
Article 12 - TAXES:
Client and Coach shall each be solely responsible for all of their federal, state, and local taxes.
Article 13 - 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. Client hereby acknowledges and agrees, however, that a Coach-Client relationship is not considered a legally confidential relationship and therefore communications between Coach and Client are not subject to any legal confidentiality requirement or privilege. 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 14 - PORTFOLIO USE:
As described above, Coach shall be permitted to use all produced items of work in Coach's professional portfolio, if applicable, but may not use Client's name, likeness, or other identifying details without express written permission from the Client.
Article 15 - 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.
Article 16 - INDEMNIFICATION:
Coach and Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from bodily injury, death of any person, or damage, real or intangible, to personal property resulting from the other's acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.
Article 17 - ENTIRE AGREEMENT; MODIFICATION:
The agreement embodies the entire agreement between the Client and Coach relating to the subject matter hereof. This Agreement may be changed, modified, or discharged only if agreed to in writing by both parties.
IN WITNESS WHEREOF, the Parties execute this Agreement as follows:
Client:__[Purchased on Kajabi platform]
Signature:__[Purchase of product serves as your signature on this agreement]_______
Coach: Nathalie Pincham Electronic Signature: Nathalie Pincham