Private Coaching Program Agreement
Thank you for your interest in working together. Please read this information carefully. The purpose of this agreement is to set forth the details about working together so that we are both clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive and comfortable.
This agreement is being made between Celeste Frenette, Soulful Business Success Coach ("Coach") and the individual named
By providing your name, initials and date and checking the box beside "I agree" electronically and entering your credit card information, Client agrees into a legally binding agreement with Company, according to the following terms and conditions.
The Company and Client hereby agree:
a. This agreement starts on the date of first payment and will continue for the duration of the program.
b. Company agrees to provide all material and content as detailed on the program page: including weekly group coaching sessions, weekly modules, a private Facebook group page and 10 weeks of group mentorship.
c. Client agrees to share with Company all issues on which the Client needs assistance. Outside of group calls, mentorship and support will be regularly available through the group Facebook page. The Client agrees that issues not shared with the Company may not be resolved or may impede the successful achievement of her goals and objectives. (I'm here to support you, reach out if you need help!)
d. Company agrees to use their best efforts to assist the Client to resolve issues, within the parameters of the group program structure.
e. The Client agrees that the Company may assign tasks to be done to support Client in her goals, and that the Client will give her best effort to fulfill these tasks completely. The Client further agrees that if the tasks are not done the outcome of the group coaching cannot be predicted.
1. SERVICES. Upon execution of this Agreement, electronically, verbally or otherwise, the Company agrees to render services related to education, coaching, consulting and mentorship (the "Program"). The terms of this Agreement shall be binding for any further goods or services supplied by Company to Client.
Parties agree that the Program is in the nature of coaching and education. The scope of services are rendered by the Company pursuant to this contract shall be solely limited to those contained therein and provided on the Company's website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for the Client if the need arises.
2. COMPENSATION. Client agrees to compensate Company according to the payment plan selected by the Client (the "Fee). If paid in full the Fee for the Program is $1297 CAD. If paid by payment plan the Fee is THREE instalments of $500 CAD. Applicable taxes will be applied as required by law. Company shall charge a 5% (five percent) late penalty to all balances that are not paid in a timely manner by the Client.
3. REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance of the Program for any reason whatsoever, Client will receive no refund. If, for any reason, you choose not to continue or choose to stop participating, you are still financially liable for the fees of the Program. To further clarify, no refunds will be issued and all scheduled payments must be paid on a timely basis whether you complete the Program or not, as per the Fee schedule agreed to and detailed above.
4. PERSONAL GUARANTEE : As detailed on the Program website, Company guarantees that if you complete all of the program material and put it into action if, at the end of 60 days, you haven't earned back your investment in this program, simply send in the completed worksheets and all of the material you've used to market to your ideal clients and Company will offer you up to THREE Private Coaching Sessions to extend additional intensive one-on-one support. Company must receive all fully and thoughtfully completed worksheets for every module and all of the marketing materials used by the Client before these three sessions will be offered. Company reserves the right to deny sessions if it is clear that the work was not fully and thoughtfully completed or if marketing materials do not demonstrate reasonable and genuine effort.
5. CHARGEBACKS AND PAYMENT SECURITY. To the extent that the Client provides Company with Credit Card(s) information for payment on Client's account, Company shall be authorized to charge Client's Credit Card(s) for any unpaid charges, as per the Fee Agreement, detailed above. If client uses a multiple-payment plan to make payments to the Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company's account or cancel the credit card that is provided as security without Company's prior written consent. Client is responsible for any fees associate with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the Credit Card information provided to Company without notifying Company in advance.
6. NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company's prior written consent.
7. NO TRANSFER OF INTELLECTUAL PROPERTY. Company's copyrighted or original materials shall be provided to the Client for his/her individual use only as as a single-user license. Client shall not be authorized to use any of the Company's intellectual property for Client's business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company's copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute the Company's materials is granted or implied.
8. LIMITATION OF LIABILITY. By using Company's services and enrolling in the Program, Client releases Company, its officers, employers, directors and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. By using Company's services and enrolling in the Program, Client releases Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable and nonforseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company's liability to Client or to any third party is limited to the less of
(a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and
(b) $500. All claims against Company must be filed with the entity having jurisdiction within 100-days of the date of the first claim or otherwise be forfeited forever. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use of the Company's services or enrolment in the Program. Client agrees that the use of Company's services is voluntary and at the Client's own risk.
9. DISCLAIMER OF GUARANTEE. Client accepts and agrees that he/she is 100% responsible for his/her progress and results from the Program. Client accepts his/her progress and results from the Program. Client accepts and agrees that he/she is the one vital element to the Program's success and that Company cannot control Client. Company makes no further representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client's requirements or that all clients will achieve the same results.
10. COURSE RULES. To the extent that Client interacts with Company's staff and/or other Company's clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement and all Guarantees. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
11. USE OF COURSE MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of the courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to his/her name, voice, and likeness being used by coach for future lecture, teaching and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
12. NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof. The services you received are not licensed in this Province, nor are they regulated by a governmental body.
13. TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company's services.
By electronically completing the form above, you agree that the Company, at their sole discretion, may terminate this agreement, and limit, suspend, or remove any participant from continuing in the Program at any time without a refund if the participant ceases to follow the Program guidelines, become disruptive or difficult to work with or if participant impairs the participation of the Company to other participants.
14. CONFIDENTIALITY. The term "Confidential Information" shall mean information which is not generally known to the public relating to the Client's business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its interactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client's Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
15. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.
16. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company's shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgements, awards, settlements, investigations, costs, attorney's fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Coach's shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
17. CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company's representatives, or employees, the provisions in this Agreement shall be controlling.
18. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the Province of Ontario pursuant to the rules of the Federal Government of Canada, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
20. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
21. SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provisions contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
22. OTHER TERMS. Upon execution by electronically clicking the checkmark beside "I agree", the Parties agree that any individual, associate, and/or assignee shall be bound by the terms of this Agreement. A facsimile, electronic, or e-mailed consent to this Agreement, shall constitute a legal and binding instrument with the same effect as a signed copy.
Now that THAT is out of the way, I want to tell you how thrilled I am that we are going to be working together. Welcome to your own brilliance, beautiful heart! This is your one and precious life and by signing up to this group program you are choosing to say YES to living your dream and following your heart! I am so deeply honoured to work with you and offer you coaching support along the way!