CONSULTING AGREEMENT WITH FEARLESS FEMME PROJECT, LLC
THIS AGREEMENT is entered into on [insert date]
BETWEEN
(1) FEARLESS FEMME PROJECT, LLC whose address is [insert your address]
and email address.XXXX. (The Coach)
And
(2) [insert the name of the client] Whose address is [insert their address].
(the Client)
WHEREAS
(1) The Coach is in the business of providing coaching services, including but not
limited to different mind, body or soul components, including e-books, video
web modules, audio tracks, manuals, exercise programs, nutrition programs,
worksheet modules, 1-on-1 coaching, group masterminding, training courses,
live events, workshops, and/or other products and services, as indicated on
your order form.
(2) The Client wishes to receive such sport coaching services from the Coach.
(3) The Coach and Client agree to uphold their respectful obligations under this
Coaching Agreement. The parties acknowledge the parties’ responsibilities and
duties under this Agreement are vital for the Client and sport coaching
relationship to be successful.
It is agreed as follows:
1. Interpretation
1.1 Definitions
Agreement means any agreement made subject to the terms and conditions below.
Services mean certain Coaching services, including the following services to be
carried out by the Coach: different mind, body or soul components, including e-books,
video web modules, audio tracks, manuals, exercise programs, nutrition programs,
worksheet modules, 1-on-1 coaching, group masterminding, training courses, live
events, workshops, and/or other products and services, as indicated on your order
form.
1.2 In this Agreement, unless the context otherwise requires:
(a) references to persons include individuals, bodies corporate (wherever
incorporated), unincorporated associations and partnerships.
(b) the headings are inserted for convenience only and do not affect the construction of
the Agreement.
(c) references to one gender include all genders: and
(d) any reference to an enactment or statutory provision is a reference to it as it may
have been, or may from time to time be amended, modified, consolidated, or re-
enacted.
2. Coach’s obligations
2.1 The Coach agrees to engage in the best and commercially and professionally
reasonable efforts to provide the Services to Client in accordance with the terms
of this Agreement.
2.2 The Coach further agrees to provide the Services in a professional and diligent
manner consistent with generally recognized industry standards and good
commercial practice, using efforts comparable to those customarily used in
sport coaching services of equivalent value and for similar services.
2.3 The Coach agrees to uphold the standards of behavior and ethics as defined by
the International Coach Federation (“ICF”). The ICF is a globally recognized
standard for life coaching and other comparable Client-Coaching relationships.
2.4 The Client agrees to stay in efficient and reasonable communication with the
Coach. The Client agrees to provide honest feedback to the Coach and to fully
devoted and engage in the Coach’s program and respective services they
agree to provide.
The Company and its coaches reserve the right to share pictures, videos,
and post about their athletes, as this agreement serves as
acknowledgement of this.
YES NO
2.5 The Coach shall comply with, and give all notices required by, all laws and
regulations applicable to the Services, including all laws and regulations related
to
(i) health and safety
(ii) prohibited substances.
2.6 The Coach shall also comply with any instructions or variations issued by the
Client (or any authorized representative of the Client) in relation to the Services.
If instructions are given orally, they shall be confirmed in writing by the Client
within the following 5 days.
If any such instruction or variation is likely to result in any delay to the
Completion Date, the Coach may, within 3 days of the issue of the relevant
instruction or variation but not otherwise, claim in writing for an extension of
time which shall be granted to the extent fair and reasonable in the
circumstances.
2.7 Any services outside of the scope as defined in Services will require a new
Agreement for other services.
3. Client’s obligations
3.1 The client agrees that he/she is committed to the coaching process and agrees
to give this method & program their maximum efforts.
3.2 It is the responsibility of the client to be ready for the scheduled weekly 1:1
coaching call. Cancelations in less than 24 hours will result in losing the 1:1
coaching call. The client will receive 14 1-on-1 calls and will last about 45-60
minutes long. We will work on inner child healing, subconscious
reprogramming, clinical hypnotherapy, a path to purpose, mindset, spirituality
and much more work during this call so it is advised to show up with a journal &
an open mind.
4. Service Fees
4.1 In consideration for the full, prompt, and satisfactory performance of all Services
to be rendered to the Client, the Client shall pay the Coach a Service fee of
United States Dollar $[insert amount] per month due from the 1st -7th day of
each month. Payment is made for the month it is paid. payable in accordance
with the payment schedule attached as Exhibit 2.
4.2 The Coach will invoice the Client 3 days prior to the Payment Date. The invoice
will include any and all services performed under this Agreement as well as any
expenses.
4.4 From time to time throughout the duration of this Service Agreement, the
Coach may incur certain expenses that are not included as part of the Fee for
the Services to this Agreement.
4.5 The Coach agrees to keep an exact record of any and all expenses acquired
while performing the Services. The Coach will submit an invoice itemizing each
expense, along with proof of purchase and receipt, with the invoice.
5. Liabilities and Indemnities
5.1 The Coach shall promptly notify the Client of:
(a) any delays or problems from time to time in the provision of the Services
of which the Coach becomes aware.
(b) any circumstances from time to time which may prevent the Coach from
providing the Services in accordance with this Agreement together with
(where practicable) recommendations as to how such circumstances
can be avoided; and
(c) any complaint (whether written or not) or other matter which comes to its
attention and which it reasonably believes may give rise to any loss by
or claim against the Client or which may result in any adverse publicity
for the Client.
(d) The Company and it’s coaches reserve the right to share pictures,
videos, and post about their athletes, as this agreement serves as
acknowledgement of this.
5.2 Where any defect in the provision of the Services is reported to the Coach by
the Client or otherwise comes to the attention of the Coach, the Coach shall,
without limiting any other right or remedy of the Client, use its best endeavors to
provide such further services as are necessary in order to rectify the default as
soon as practicable.
5.3 The Client agrees to abide by all policies and procedures as outlined in this
agreement as a condition of their participation in the program. Your purchase
may include different mind, body or soul components, including e-books, video
web modules, audio tracks, manuals, exercise programs, nutrition programs,
worksheet modules, 1-on-1 coaching, group masterminding, training courses,
live events, workshops, and/or other products and services, as indicated on
your order form. You agree not to share login information, call-in numbers,
passwords, and protected links with anyone
5.4 The Client agrees that neither Fearless Femme Project LLC and Erica
Hepperle, may be held liable in any way for any occurrence in connection with
my physical fitness, performance, mental health, business development or
nutrition/diet changes, which may result in injury, death, or damages to me or
my family, heirs, or assignees.
5.5 The Client agrees and forever release Fearless Femme Project LLC and Erica
Hepperle in connection directly or indirectly with my physical fitness training and
therapy and nutrition/diet changes and business development protocol as a
result of Fearless Femme Project LLC and Erica Hepperle, which may result in
injury, death, or damages to me or my family, heirs, or assignees.
6. Term and Termination
6.1 This Service Agreement shall be effective on the date hereof and shall continue
for a period of 9 months or until the expressly agreed upon date of the
completion of the Services, unless it is earlier terminated in accordance with the
terms of this Agreement.
Clients and their coach may terminate the contract at any time for any reason.
As payments are made for the month ahead, no refunds will be issued, as it’s
the client’s responsibility to terminate the contract prior to the first week of the
month.
If a client terminates his contract, and decides later to join back, the Client must
again commit for a 3-month period, following the same litigation.
6.2 Either party may by notice in writing forthwith terminate the Agreement if the
other party becomes bankrupt or makes any composition or arrangement with
his creditors or has a winding-up order made or (except for the purposes of
reconstruction) a resolution for voluntary winding up is passed or a receiver or
manager of its business or undertaking is duly appointed or possession is taken
by or on behalf of any creditor of any property the subject of a charge.
6.3 The Client may terminate the Agreement at any time by notice in writing to the
Coach if the Coach without reasonable cause fails to proceed diligently with the
Services or wholly suspends the carrying out of the Services before completion.
The right of termination shall be without prejudice to any other rights or
remedies which the Client may possess.
6.5 In the event of termination, the Coach shall immediately give up possession of
the site of the Services and deliver any sport coaching plans or program plans
held by the Coach for the purpose of the Services. The Client shall have no
further liability to pay any sums to the Coach for such fair and reasonable sum
to compensate for the value of the Services which has been completed at the
date of termination.
7. Ownership of materials
7.1 All materials and goods delivered to or placed on or adjacent to the site and
intended for the Services (excluding supplies, tools and equipment owned or
hired by the Coach) shall become the property of the Client, who shall thereafter
bear the risk of their accidental loss or damage.
8. Confidential information
8.1 Throughout the duration of this Agreement, it may be necessary for the
Coach to have access to the Client’s confidential and protected information for
the sole purpose of performing the Services subject to this Agreement.
8.2 The Coach is not permitted to share or disclose such confidential information
whatsoever, unless mandated by law, without written permission from the
Client. The Coach’s obligation of confidentiality will survive the termination of
this personal service Agreement and stay in place indefinitely.
8.3 Upon the termination of this Agreement, the Coach agrees to return to the
Client any and all Confidential Information that is the property of the Client.
8.4 Further, the Coach shall promptly return to the Client all copies, whether in
written, electronic, or other form or media, of the Client’s Confidential
Information, or destroy all such copies and certify in writing to the Client that
such Confidential Information has been destroyed. In addition, the Coach shall
also destroy all copies of any Notes created by the Coach or its authorized
Representatives and certify in writing to the Client that such copies have been
destroyed.
8.5 The provisions of this clause 8 shall survive any termination of this Agreement.
9. Announcements / Publicity
9.1 Except as required by law or by any stock exchange or governmental or other
regulatory or supervisory body or authority of competent jurisdiction to whose
rules the party making the announcement or disclosure is subject, whether or
not having the force of law, no announcement or disclosure in connection with
the existence or subject matter of this Agreement shall be made or issued by or
on behalf of any party without the prior written approval of the others, such
approval not to be unreasonably withheld or delayed.
9.2 Where any announcement or disclosure is made in reliance on the exception in
clause 9.1, the party making the announcement or disclosure will use its
reasonable endeavors to consult with the other party in advance as to the form,
content and timing of the announcement or disclosure.
10. Amendment
10.1 No variation of this Agreement shall be valid unless it is in writing and signed by
or on behalf of the parties to it.
10.2 Unless expressly agreed, no variation shall constitute a general waiver of any
provisions of this Agreement, nor shall it affect any rights, obligations or
liabilities under or pursuant to this Agreement which has already accrued up to
the date of variation, and the rights and obligations of the parties under or
pursuant to this Agreement shall remain in full force and effect, except and only
to the extent that they are so varied.
11. Assignment
The Coach shall not assign the Agreement or sub-contract the performance
thereof without the prior written consent of the Client.
12. Severability
If and to the extent that any provision of this Agreement is held to be illegal, void
or unenforceable, such provision shall be given no effect and shall be deemed
not to be included in this Agreement but without invalidating any of the
remaining provisions of this Agreement. The parties shall meet to negotiate in
good faith to agree a valid, binding and enforceable substitute provision or
provisions, (if necessary, with reconsideration of other terms of this Agreement
not so affected) so as to re-establish an appropriate balance of the commercial
interests of the parties.
13. Further assurance
Each of the parties agrees to perform (or procure the performance of) all further
acts and things and execute and deliver (or procure the execution and delivery
of) such further documents, as may be required by law or as may be necessary
or reasonably desirable to implement and/or give effect to this Agreement and
the transaction contemplated by it.
14. Warranty of Capacity and Power
Each party represents and warrants to the other parties that:
(a) it has full authority, power and capacity to enter into and carry out its
obligations under this Agreement.
(b) all necessary acts and things have been taken or done to enable it
lawfully to enter and carry out its obligations under this Agreement; and
(c) when executed, this Agreement will create obligations which are valid
and binding on it and enforceable in accordance with their term.
15. Force Majeure
None of the parties shall be liable for any failure or delay in performing any of its
obligations under or pursuant to this Agreement if such failure or delay is due to
any cause whatsoever outside their reasonable control, and they shall be
entitled to a reasonable extension of the time for performing such obligations as
a result of such cause.
16. No Rights under Agreements for Third Parties
A person who is not a party to this Agreement shall have no right under any law
to enforce any of its terms.
17. Arbitration and Proper law
The parties shall use all reasonable endeavors to resolve any dispute amicably
and in good faith.
This document is governed by and are to be construed in accordance with the
laws of North Carolina applicable therein.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction
of the courts of North Carolina (and any court of appeal) and waives any right to
object to an action being brought in those courts, including on the basis of an
inconvenient forum or those courts not having jurisdiction.
18. Notices and service
18.1 Any notice so served by hand, e-mail or post shall be deemed to have been
duly given:
in the case of delivery by hand, when delivered;
in the case of fax or electronic mail on a Business Day prior to 5.00 pm, at the
time of receipt ;
in the case of prepaid recorded delivery, special delivery or registered post, at
10am on the second Business Day following the date of posting;
provided that in each case where delivery by hand or by e-mail occurs after 5pm on
a Business Day or on a day which is not a Business Day, service shall be deemed
to occur at 9am on the next following Business Day. References to time in this
clause are to local time in the country of the addressee.
19. Counterparts
This Agreement may be executed in any number of counterparts and by the
parties to it on separate counterparts, each of which is an original but all of
which together constitute one and the same instrument.
As Witness this Agreement has been signed on behalf of the parties the day and year
first above written.
Signed on behalf of the Company………………………………………………
Signed by the Client……………………………………………………………….
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