1. Scope of Coaching Program
The coaching will take place online over the course of 6 weeks. The program includes group coaching during the time above.
In consideration for the coaching services provided by Jenni Maroney, Client agrees to pay 12 monthly payments of $575 in total. Client is not allowed into the program on the dates indicated above unless the fee is paid.
3. Reservation Fee & Cancellation by Client
Client shall reserve a seat in the Coaching Program by checking the box below for this contract and paying the fee indicated in Section 2. No spot is reserved until the contract and fee are received. The full fee is non-refundable. In the event Client cancels this Agreement or is unable to attend the coaching program for any reason whatsoever, no refund will be given. Client may only not sell their seat.
4. Duty of Company & Cancellation of Services
Company agrees to perform in the coaching program to the best of its abilities. Company reserves the right to change the coaching schedule, sessions at any time. In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations for the coaching program under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
- Immediately give notice to Client;
- Issue a refund or credit to Client based on a reasonably accurate percentage of services rendered up to the point of cancellation; and
- Excuse Client of any further performance and/or payment obligations under this Agreement.
Client understands that that certain information of a confidential nature may be disclosed by the Company, presenters or other participants during the Coaching, to include personal information, tools, processes, strategies, materials, slides, and other business trade secrets. Further, all information and conversations held inside the Coaching program are confidential. Client will not intentionally disclose this confidential information to any third party or use the confidential information for his/her own benefit without specific approval by Company.
Client agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.
7. Model Release
This contract serves as a model release giving Company the irrevocable right to use the photographs and video taken by Company at the Coaching in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Company can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Company. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the client, their legal representatives, heirs, and assigns.
8. No Guarantees
Company does not make any guarantees as to the results, including business growth, increased followers, financial or other gains, of any services or information provided during the Coaching Program. Company agrees to provide the services listed in this Agreement during the Coaching time period listed above. Client agrees to take responsibility for Client’s own results.
9. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Coaching Program will produce different outcomes and results for each Client. Client understands and agrees that:
- Every client and final result is different.
- Business coaching and/or consulting is a subjective service and Company may give different information to each Client depending on his/her needs and business needs.
- Company will use its personal judgment to create favorable experiences during the Coaching program, but that each topic covered in the Coaching may not be applicable to each Client depending on his/her business needs at that time.
- Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.
10. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Client’s account and shall be used for another coaching program within 12 months from the date of Notice of the Force Majeure Event.
Client agrees to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Client’s participation in services and any related activities, including by not limited to riding in cars with Company employees, contractors, or subcontractors.
12. Maximum Damages
Client agrees that the maximum amount of damages she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in the Coaching Program.
13. Limitation of Liability
In no event shall Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connective with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Company. All sales tax will be included on invoices.
All questions, concerns, feedback and Coaching related questions shall be directed towards [email protected] and will be answered by Company during its business days Monday thru Friday, 9am-5pm, MST. Company typically replies to emails within 48 business hours.
16. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between Client and Company, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
17. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
18. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Boulder County, Colorado, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
19. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
This Agreement cannot be transferred or assigned to any third party by either the Company or Client without written consent of both Parties.
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: [email protected]
22. Counterparts; Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.
Each party has read, understands, and agrees to the terms and conditions of this Agreement.