COACHING AGREEMENT
This Coaching Agreement (hereinafter referred to as the “Agreement”), dated
(hereinafter referred to as the “Effective Date”), by and between ___________________
(hereinafter referred to as the “Coach”) and
(hereinafter referred to as the
“Client”. Together referred to as the “Parties”, and each a “Party”.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Coach and the Client agree as
follows:
1. Responsibilities.
The parties herein agree to some basic tenets of coaching, including:
i. The Coach and the Client agree to communicate honestly, to be open to
feedback, and to make time and space to participate fully in the coaching
sessions called for hereunder. The client specifically agrees to be open to
coaching.
ii. The Coaching services are intended for individuals who are in generally good
health, are generally well adjusted, are functioning effectively, and are not in
need of medical treatment (including for mental health disorders).
iii. Coaching does not involve the diagnosis or treatment of any medical or mental
disorders and does not prevent, cure, or treat any mental disorder or medical
disease. Further, coaching is not a substitute for therapy, counseling,
psychoanalysis, medical treatment, substance abuse treatment, or the advice or
services of a medical professional.
iv. It is the Client’s responsibility to seek independent guidance from medical
professionals to the extent necessary.
v. By participating in the coaching, the client agrees to accept personal
responsibility for the results of your actions.
vi. The Client agrees that the Coach has not made any guarantees about the results
of taking any action, whether recommended during any coaching session or not.
vii. The Client recognizes that their ultimate success or failure will be the result of
their own efforts, particular situation, and innumerable other circumstances
beyond the control and/or knowledge of the Coach.
2. Services.
The parties shall engage in two one-on-one coaching session for a period of three
months.
3. Compensation.
In consideration of the provision of the Services by the Coach, the Client shall pay all
fees due for the current rate of the program. Fees are payable upon the execution of
this agreement. If the Client has chosen a payment plan (with 3 installments), all
payments must be made or the Client risks legal action to pursue remuneration for the
agreed-upon enrollment fee.
4. Refund Policy.
No refunds will be made at any time.
5. Procedure and Scheduling.
The Coach and the Client will agree to a mutually agreeable time for the coaching
meetings, and it will be the Client’s ultimate responsibility to schedule the coaching
meetings. Coach shall initiate the coaching call at the agreed upon time by Zoom. All
calls are recorded and archived.
Parties agree that Coaching will be twice a month via phone or video and unlimited
voxer access.
6. Cancellation Policy.
The Client agrees that they may not cancel an individual coaching session unless the
same is done at least 24 hours before it is scheduled to begin, excepting a medical
emergency. The Coach reserves the right to treat any meeting that the Client misses or
attempts to cancel less than 24 hours before it is scheduled to begin as part of the
allotted coaching sessions.
7. Confidentiality.
The Client herein shall respect the Coach’s privacy. The Client shall have access to
confidential and proprietary information, ideas, plans and trade secrets (collectively,
"Confidential Information") and agree not to disclose to any third party without the
written consent of the Coach.
A breach of any of the promises or agreements contained herein will result in
irreparable and continuing damage to the Coach for which there will be no adequate
remedy at law, and the Coach shall be entitled to injunctive relief and/or a decree for
specific performance, and such other relief as may be proper (including monetary
damages if appropriate).
8. Limitation of Liability.
IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT OR TO ANY THIRD
PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE
DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH
DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COACH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING
THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
PURPOSE.
FURTHER THE COACH SHALL NOT BE RESPONSIBLE OF THE RESULTS ENDING
IN LOSS DUE TO MARKET CRASH, CLIENTS PURCHASE, CONTRACTORS, OR
UNSEEN SURPRISES OR ISSUES.
9. Entire Agreement.
This Agreement constitutes the sole and entire agreement of the Parties with respect to
the subject matter contained herein, and supersedes all prior and contemporaneous
understandings, agreements, representations and warranties, both written and oral,
regarding such subject matter.
10. Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to
be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or
unenforceability shall not affect any other term or provision of this Agreement or
invalidate or render unenforceable such term or provision in any other jurisdiction.
11. Amendments.
No amendment to or modification of this Agreement is effective unless it is in writing and
signed by each Party.
12. Waiver.
No waiver by any Party of any of the provisions of this Agreement shall be effective
unless explicitly set forth in writing and signed by the Party so waiving. Except as
otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any
right, remedy, power or privilege arising from this Agreement shall operate or be
construed as a waiver thereof, nor shall any single or partial exercise of any right,
remedy, power or privilege hereunder preclude any other or further exercise thereof or
the exercise of any other right, remedy, power or privilege.
13. Relationship.
Nothing contained in this Agreement shall be construed as creating any agency,
partnership, joint venture or other form of joint enterprise, employment or fiduciary
relationship between the parties, and neither party shall have authority to contract for or
bind the other party in any manner whatsoever.
14. Dispute Resolution.
Each Party irrevocably and unconditionally agrees that any dispute arising under or
related to this Agreement shall be resolved exclusively through arbitration in accordance
with the applicable laws of Louisiana. Each Party irrevocably and unconditionally
submits to the exclusive jurisdiction of such arbitration and agrees to bring any such
dispute only in such forum.
15. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Louisiana.
16. Counterparts.
This Agreement may be executed in counterparts, each of which is deemed an original,
but all of which together are deemed to be one and the same agreement.
Signed by the Coach: Date:
.
Name: .
Signed by the Client: Date:
.
Name: .
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