COACHING AGREEMENT.
This Coaching Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between PERSONA 1, Contact Info: ____________, (hereinafter referred to as the “Coach”), __________________, Contact info: ________________________ (hereinafter referred to as the “Client” “Parent” “Guardian”) and ________________________, Contact Info: ____________ (herein referred to as the “Child”).
WHEREAS, the coaching service is partnership between the Coach, child, and the Client in a thought-provoking and creative process that inspires the recipients to maximize personal and academic potential. It is designed to facilitate the creation/development of personal and academic goals and to develop and carry out a strategy/plan for achieving those goals.
WHEREAS, the Child covered under this Agreement is aged between 6yrs-14years.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
TERM.
The initial term of this Agreement shall be for a period of Ten Weeks commencing on the Effective Date herein, subject to a review after the expiry of this period. Kindly note that the Term shall only commence as soon as the Client makes the payment for the coaching services.
PROGRAM.
The Coach offers the Client and the Child services that are aimed at improving the Child’s reading skills, strategies, confidence and help the Child grow wholesomely as a leaner and as a person. The Coach shall hold one-on-one reading sessions with the Child to ensure that all the aforementioned is achieved.
The Coach shall also conduct one-on-one support sessions with the Client to discuss and understand the Child’s reading difficulties.
Services offered under this Agreement shall include one-on-one coaching sessions, webinars, audios and/or visual presentations, online modules and evaluations.
VIDEO/AUDIO RECORDING
The Client may record 1 on 1 or group sessions only with the prior authorization of the Coach. The Coach may record sessions and use the recording only for training, quality, and coaching purposes. The Coach will not broadcast, distribute, or otherwise make public any recordings except for the purposes previously mentioned. No compensation for those in said media will be provided. Release is granted by participation in the coaching session. The Client irrevocably and permanently waives any right to royalties or other compensation arising from or related to the use of these recordings.
COMMITMENT TO THE PROGRAM
By entering into this Agreement, the Client and the Child commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program to the best of the Client’s ability. The Client and the Child further agrees to attend all scheduled coaching sessions included as part of the Program. The Client also acknowledge that creating results requires tremendous effort and that the Child and the Client are prepared and committed to faithfully make that effort.
SUCCESS NOT GUARANTEED
By entering into this Agreement, the Client agrees and understands that the Coach is only granting the Client and the Child access to the Program, which attempts to teach the Client and the Child techniques intended to help the Child transform the Child’s life. The Coach guarantees no specific results. The Client takes full responsibility for the Child’s own success. The Client acknowledges that everyone’s success is different and depends on numerous factors, including, but not limited to, the Child’s own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of the Child’s own success, and the Client should not rely upon them in any manner whatsoever. Please be aware that the Client may experience loss of income by using the Program. In other words, the Client is completely and totally responsible for the Child’s own success and outcomes
PAYMENT/REFUNDS.
The Client shall pay Three Thousand Dollars ($3,000) for the services covered under this Agreement on the Effective Date herein. Alternatively, Client may choose to make two payments of Four Thousand Dollars ($4,000), this shall be discussed with the Coach.
The Coach abides by a strict no-refund policy. By entering into this Agreement, the Client agrees and understand that the Client is permanently waiving the right seek or claim any refund of the Fee.
INTELLECTUAL PROPERTY.
The Client acknowledges that any and all intellectual property, including but not limited to, Confidential Information, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program and/or Sales System (collectively the “Intellectual Property”) is the sole intellectual property of the Coach. The Client further acknowledges and agrees that, as between the Client and the Coach, the Coach and its third-party licensors own and shall continue to own all rights, titles, and interest in and to the Intellectual Property. Except for the limited, revocable license expressly granted to the client herein, this Agreement does not grant the Client any ownership or other right or interest in or to any Intellectual Property or any intellectual property rights of the Coach, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that the Coach uses in connection with services rendered by the Coach are marks owned by the Coach. This Agreement does not grant the client any right, license, or interest in such marks or Intellectual Property, and the Client shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto. In addition, this agreement shall serve as a non-disclosure agreement, meaning the client agrees not to disclose, reveal, or make use of any coaching strategies, exercises, or other methodologies Client learns as a result of working with Ascent, information contained in documents, and other intellectual property. Client hereby warrants and agrees not to use, produce, disseminate or otherwise disclose Intellectual Property or Confidential Information used for coaching purposes in any business venture or commercial setting whatsoever. Should client breach these provisions they understand legal action may be taken against them.
CONFIDENTIALITY
The Coach respects each Client’s and Child’s privacy, and will not reveal details shared during the 1 on 1 coaching sessions without prior written consent from the Client and Child except for training, quality, and coaching purposes. Client can choose to opt out of this sharing by notifying the Coach in writing before completion of the program other than in the following scenarios: suspected abuse or harm to another individual or self, contractual, and/or legal disputes.
The Client agrees not to share any and all information about other clients acquired during group coaching sessions. The Coach may record group sessions, see Video/Audio recordings below. When provided, recordings of group coaching sessions are ONLY for the personal use by the Child and the Client to support the Child’s learning. The Client agrees these recordings and the personal information contained therein are not to be shared, distributed in any way, and may only be discussed with other clients of the Coach and Coach’s employees.
LIABILITY
The Client and the Child are solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and interactions with the Coach. As such, the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. The Client and the Child understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
The Client and the Child acknowledges that coaching is a comprehensive process that may involve different areas of the Child’s life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
Except as expressly provided in this Contract, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client and/or the Child for any indirect, consequential or special damages. In no event will the Coach be liable to the Client, the Child or any third party for any damages, including damages for loss of business profits or other pecuniary loss of any kind whatsoever, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if the Coach has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
INDEMNIFICATION
The Client and the Child will, at their own expense, defend, indemnify, and hold the Coach, its officers, members, managers, agents, attorneys and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with the client being granted access to the Program and/or the Coach’s provision of any service.
DISCLAIMER OF ALL WARRANTIES
The Coach hereby disclaims all other representations and warranties, express and implied, including without limitation any implied warranties of merchantability and/or fitness for a particular purpose. The program, along with any ancillary service, is being provided “as is” without any type of warranty whatsoever.
NON-TRANSFERABILITY/ASSIGMENT/WAIVER.
The rights and obligations under this Agreement are personal to the Client. The client may not assign or transfer any rights or obligations under this Agreement.
The waiver by either Party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
DISPUTE RESOLUTION
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Coach and Client agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
TERMINATION.
The Coach may immediately terminate this Agreement at any time in its discretion upon written notice to the Client, which may be sent via email. Notwithstanding anything to the contrary, the provisions of this Agreement concerning indemnification, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability shall survive termination of this agreement.
SEVERABILITY
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is 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.
REMEDIES
In the event of a breach or threatened breach by the Client of any of the provisions of this Agreement, the Client hereby consents and agrees that the Coach shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
ENTIRE AGREEMENT
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
MODIFICATIONS.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
GOVERNING LAW/JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, USA. Exclusive jurisdiction and venue shall be in the State of Colorado, USA.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COACH: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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