Coaching Client Agreement

This Coaching Client Agreement (hereinafter "Agreement"), is made effective as of the date of the Client’s signature and agreement to these terms by and between the following parties:

Brooks Lane LLC DBA The Confidence Track, a limited liability company, organized under the laws of the state of Colorado, hereinafter referred to as "Coach," having an address as follows:

20750 Omaha Ave, Parker, CO 80138

Email: lisa@theconfidencetrack.com

and signee of agreement, hereinafter referred to as "Client," having an Email: provided by Client in order form submission for 1:1 coaching.

 

RECITALS:

WHEREAS, Client is desirous of implementing coaching services into the Client's area of interest, 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.

 

Client may allow Coach to act as an authorized legal representative in certain circumstances under the terms of this Agreement, but such circumstances will be

agreed to by both Parties in writing beforehand.

 

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 COACHING 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"):

 

one-on-one coaching sessions through phone call or video conferencing.

 

Coach and Client will use the following methods of contact for meetings throughout the coaching relationship:

Email, phone, and/or online video conferencing

 

Coach may agree in a separate, written document to expand the scope of Services to include additional tasks. Such written document may be informal, such as an email 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 at the request of the Client.

 

Coach represents and warrants that Coach maintains a specific certification as follows:

Certified Professional Coach (CPC) through iPEC.

 

COR.E Leadership Dynamics Specialist (CLDS) - a highly comprehensive process for creating sustainable behavior change and maximizing performance.

 

COR.E Wellbeing Dynamics Specialist (CWDS) - a systematic and comprehensive program that builds and uses an individual’s capacity and potential to create an empowered energetic state that supports optimal wellbeing.

 

Energy Leadership Master Practitioner (ELI-MP) - the process that develops a personally effective style of leadership that positively influences and changes not only yourself, but also those with whom you work and interact, as well as your organization as a whole.

 

Coach acknowledges and agrees that maintaining this certification is a material inducement for the Client to enter this Agreement.

 

Article 6 - Release of Information (Optional, based upon specific situation)

The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared.

 

According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

 

Article 7 - 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. Client hereby explicitly acknowledges and agrees that Coach may be engaged or employed with any other business or industry, including, if applicable, Client's direct competitors.

 

Article 8 - AVAILABILITY & SCHEDULE:

Coach and Client agree to have coaching meetings on the following dates and times:

The one-on-one coaching calls will be scheduled at a time to be decided on between the two parties. The Client is responsible for initiating the scheduling of the each one-on-one coaching call. If Client fails to schedule the coaching calls within a 4-week period, they forego the unused calls with no refund.

 

The length of each coaching call shall be dependent upon which package was purchased, which are outlined as follows:

 

15-Minute Micro Boost Coaching Sessions: 15 minutes

 

Regular one-on-one coaching sessions: 60 minutes

 

Coach and Client may agree to a change of the schedule between them, through an additional written document. Coach and Client may also agree to adjust each meeting on a per meeting basis.

 

Refunds for Seminars and Workshops:

 

Two-Day Seminars - A refund is provided for in-person attendees at the time of the first break, if the seminar participant does not feel this program is the right class for their professional objectives.

 

Before purchasing an online course, ample information is provided on course content, design, and expectations. Due to the amount of information provided prior to purchase, refunds are not available.

 

Two-day seminars or small group seminars have a timeline for refunds. We do this because when we hold a seat for a participant, we are unable to accept another registration when a seminar is full. When a participant is unable to attend a seminar, there is the option to re-enroll in an upcoming course without penalty.

 

• Cancellation 16+ days before the workshop date: A 50% refund is provided or the option to re-enroll in an upcoming workshop without penalty.

 

• Cancellation within 15 days before the workshop date: No refund is available due to the timing of the workshop. There is the option to re-enroll in an upcoming workshop without penalty.

 

If we cancel…

 

If we cancel due to severe weather, illness or another unusual circumstance, we will offer a new date. If a participant is unable to make the new date, a refund will be offered, or the tuition can transfer over for a private training course.

 

Article 9 - HOLIDAYS:

Coach will be unavailable on the following holidays:

New Year's Eve, New Year's Day, Good Friday, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and day after, Christmas Eve, Christmas Day, Presidents Day

 

Article 10 - FEES AND EXPENSES:

Client will be billed through Coach’s website for a flat fee of the amount agreed upon.

 

Article 11 - CANCELLATION & RESCHEDULE POLICY:

Client or Coach may, from time to time, need to cancel or reschedule any of the coaching meetings. If Coach is responsible for the reschedule, Coach will become available to Client as the soonest possible opportunity within ten (10) business days. If Client is responsible for the cancellation or reschedule, Client agrees to notify Coach no less than 24 hours prior to the scheduled meeting. The Parties will then attempt to reschedule the meeting in good faith.

 

Article 12 - REFUND POLICY:

There will be no refund to Client of fees once purchased.

 

Article 13 - RECORD RETENTION POLICY:

Coach and Client hereby acknowledge and agree that they have specifically discussed that Coach does not maintain a record retention policy and that communications, documents, information, and notes related to Client may be discarded immediately after the end of the coaching relationship.

 

Article 14 - TAXES:

Client and Coach shall each be solely responsible for all of their federal, state, and local taxes.

 

Article 15 - RESPONSE TIME:

Client agrees to respond to Coach no later than the following amount of time after being reached out to for communication: 5 days.

 

In the event of an emergency or other similar conflict, Coach will give the Client as much notice as possible if there is the possibility of interruption to the Services, whether that interruption is temporary or long-term.

 

Article 16 - 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 17 - TERMINATION:

This Agreement will automatically terminate after the conclusion of agreed-upon number of coaching sessions.

 

This Agreement may be immediately terminated in the event that there is a breach of the terms by either Party. For a material breach, the Parties are required to give notice, in writing, specifying what the breach was, but do not have to give advance notice to terminate the Agreement.

 

This agreement will also immediately terminate upon the death of the Coach or Client, the inability of the Coach to perform the Services because of a sudden and medically documented physical or mental disability, the liquidation, dissolution or discontinuance of the business of the Client in any manner, or the filing of any petition by or against the Client or Coach under federal or state bankruptcy or insolvency laws.

This Agreement may also be terminated by either Party in writing for any reason. Notice shall be given at least the following amount of time before termination: 7 days.

Upon termination, the Refund Policy applies.

 

Article 18 - INTELLECTUAL PROPERTY:

Coach and Client agree that all inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created or developed by each of the Parties, respectively, will be the sole and exclusive property of the Party to whom the information originally belonged. There shall be no transfer of intellectual property through this Agreement. All copyrights, patents, trademarks, or other intellectual property shall stay with the original Party owner.

 

Article 19 - PORTFOLIO USE:

As described above, Coach shall be permitted to use all produced items of work 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 20 - 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 21 - 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 22 - SURVIVAL:

Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.

 

Article 23 - DISPUTE RESOLUTION:

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the Governing Law provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Colorado.

Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Coach will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

 

Article 24 - GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the internal laws of Colorado without giving effect to any choice or conflict of law provision or rule.

Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement or the Services provided hereunder:  one-on-one coaching sessions through phone call or video conferencing.

 

 

Article 25 - BENEFIT:

This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto, and to their respective heirs, representatives, successors, and assigns.

 

Article 26 - NO WAIVER:

No action or inaction of either Party shall constitute waiver of any of the terms of this Agreement. Waiver may only be executed explicitly in writing.

 

Article 27 - COUNTERPARTS:

This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.

 

Article 28 - NOTICES:

All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other through personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.

 

Article 29 - FORCE MAJEURE:

Coach is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

 

Article 30 - HEADINGS:

Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.

 

Article 31 - 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.