THIS AGREEMENT entered into on this {date} (date) is for the FAITH BASED COACHING ACADEMY (FBCA) to deliver business education, consulting, and/or life coaching between Betzaida E Guerra PhD PA (DBA Better with Betsy) (“Company”) whose address is 7100 SW 99th Ave Suite 203 Miami, FL 33173 and {nameOf4} (client name) of {companyName19} (Company) (“Client”) whose address is at: {billingAddress10}, collectively, the “Parties.”
The Parties agree to the following:
1. COMPANY’S SERVICES. Upon execution of this Agreement and receipt of deposit from the Client, the Company agrees to render services related to education, seminar, consulting, and/ or coaching as more specifically delineated in the Faith Based Coaching Academy website. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein.
2. LIMITATIONS. To the extent that dates for events/seminars are provided for specifically in Program Materials, dates are subject to change at Company’s sole discretion. Should a date change that poses a conflict, the Company shall provide alternatives/substitutes of equal, but never lesser, value. Also, specific seminars/events may be substituted in lieu of those specifically listed in Program Materials at Company’s discretion. In some cases, such substitutions may result in an addition of the value provided to Client.
3. REQUIREMENTS:
The main criteria used to accept students into our program is that they be aligned with our values and mission to ignite faith, unlock greatness and elevate humanity. Below is a detailed description of what guides our Admissions team.
3.1 Heart-centeredness: They do everything with integrity and love. Their spiritual heart and mind are aligned. Therefore, they lead (or desire to do so) with peace, joy, and gratitude.
3.2 Service-oriented: They are deeply empathetic and find great joy in helping and elevating others.
3.3 Purpose-driven: They are guided by a higher purpose and serve with intention. They desire to impact others and leave a mark in the world by using their gifts to elevate humanity.
3.4 Faith-full: They walk by faith and value spirituality.
3.5 They have experienced some form of challenge or adversity, and have risen above it (or are in the process of doing so).
3.6 Because they've "walked the talk", they understand pain firsthand and have tools/wisdom that can help others in similar journeys move forward.
They are lifelong learners, excited to expand their knowledge and lead by example.
3.7 They are lifelong learners ready to acquire information that will transform them and those they support.
3.8 They are willing to be vulnerable in group coaching sessions.
3.9 They are receptive to constructive feedback and consider it to better themselves.
3.10 They are curious and open to new perspectives without judgment.
3.11 They are committed to a total of 8 hours a week for four months (4 hours on demand, 2 live hours for group coaching, and 2 practicum hours coordinated at their convenience).
3.12 They are committed to showing up to weekly coaching sessions consistently and fully present.
3.13 They are determined to integrate and embody the lessons learned into their own personal lives, so they may lead by example.
3.14 They agree to complete the full investment before the program is over.
3.15 They work well with others and share their wisdom generously.
3.16 They take initiative in supporting others.
3.17 They communicate with grace.
3.18 They honor fellow students by respecting confidentiality.
3.19 Though we embrace imperfections and adversities as character builders, we ask that our candidates be in a stage of their journey that includes emotional stability. This doesn't mean having it all figured out, but it does imply that they not be in crisis personally.
3.20 Recommended (but not required):
18+ years old
Having experienced coaching or therapy personally; or having done the self work in any other way.
3.21 NOT required:
A college degree
Training/background in Psychology or Coaching
Having it all figured out in your life.
4. COMPENSATION.
4.1. Client agrees to compensate Company per payment plan chosen or specified above.
4.2. Client has independently evaluated its ability to pay the Fee and verifies that she/he is able to pay the Fee and will not be unduly burdened by payment of the Fee. Client shall be responsible for the full extent of the Fee, regardless of whether Client utilizes or completes the full extent of services offered by Company.
4.3. Company will provide Client with payment receipts that will be sent via email to the email address of record. Client’s acceptance of this agreement comprises Client’s authorization for all charges set forth in this Agreement on the dates set forth herein. Company shall not issue invoices for payments.
4.4. Upon execution of this agreement, all payments towards the Fee shall be collectable and non-refundable on the dates set forth herein.
4.5 All travel expenses (transportation, meals and accommodations etc…) are not included in the overall program fee.
5. CHARGEBACKS AND PAYMENT SECURITY. To the extent that 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 on the dates set forth above. 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 associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall notify the Company in advance of any changes to credit card or billing information.
6. LATE / DECLINED PAYMENTS PROCEDURE & PENALTIES. LATE / DECLINED PAYMENTS PROCEDURE & PENALTIES. Company shall charge a $100 per week late /declined penalty fee to client for all balances that are not paid on time. If Client’s account is beyond 30 days overdue, Company reserves the right to turn over the account to collections. Upon the decline of Client’s scheduled coaching payment, Company will contact Client to attempt to resolve the defaulted payment. If Client does not rectify the condition or reach agreement with The Company within 10 business days, Company will terminate all services and send one final notification via email to Client that the account is being turned over to a collection agency. Client will be responsible for the full extent of the Fee and any fees/charges for the collection agency.
7. 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.
8. INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property (copyright Betsy Guerra, Abundance Mastermind, or Better with Betsy) for anything beyond personal development and learning. Client shall not 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 Company’s materials is granted or implied.
9. LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, officers, employers, employees, directors, related entities, trustees, affiliates, and successors from any and all damages that may result from anything and everything in the program or outside. The Program is an educational and/or business consulting service. Client accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s).
9.1. 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 lesser of (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1,000. All claims against Company must be lodged with the entity having jurisdiction within 100-days of the date of the first claim or otherwise be forfeited forever.
9.2. Client agrees that 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 or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services and enrollment in this Program is at Client’s own risk.
10. PROGRAM RULES. The Company is committed to providing all Program participants with a positive Program experience. By signing below, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the Program without refund if Company feels that you are no longer a good fit for the program. If you become disruptive or difficult to work with, if you fail to follow the Program guidelines, or if you impair the participation of Program instructors, coaches or participants in the Program. Coaching is not a substitute for legal, mental, medical or psychological advice or advice from other qualified professionals. You agree to seek independent professional guidance for such matters.
11. COMMITMENT. This program requires your full participation and attention. There are biweekly calls, private mindset/accountability support every month, a one-page website and technical support for it as needed, and endorsement by being listed as a recommended coach in our website. To get the most out of the program, we strongly encourage that you take advantage of all of these offerings. By signing below you agree to commit to this Program for a period of 1 year and agree not to enroll in any other similar program(s) during the year, or any other substantive commitment of your time towards professional or personal development.
12. BEREAVEMENT POLICY. In the event that a Client requests a hold on their account due to the death of a family member, a member of the Abundance Mastermind team should be notified immediately. The Client will continue to pay their monthly membership as outlined in their agreement, however, the time taken during the bereavement period (which shall not exceed three months) is added to the end of their membership end date.
13. CANCELLATION. There are no program holds or cancellations. The client is responsible for the entire amount due. In the event client decides to cancel participation in a program/event/product/course, client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of remaining payments. If payment was previously paid in full no refunds will be given. In the event that the Company decides to no longer provide services during the term of this agreement, remaining payments will be forgiven, and a prorated amount of any paid in full amounts will be refunded.
14. TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, Company shall be able to immediately collect all sums due from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall not use any of Company’s services/programs. 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. Company has the right to pursue the Fee through its collection processes.
15. CONFIDENTIALITY. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information that: (a) is now or subsequently becomes generally available to the public; (b) the Company or Client had rightfully in its possession prior to disclosure by the disclosing party; (c) the Company or Client rightfully obtains from a third party. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions 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. Notwithstanding, Client understands that group coaching is being recorded and entered into an archive for future consumption by future clients.
15.1. To the extent that Client participates in programs or interacts with other clients, Client agrees information received by Client about other clients business or personal matters shall be considered Confidential Information and not be disclosed without the prior written consent of the disclosing party, this includes information gleaned by listening to recordings, even if the client has completed the program.
16. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree that they will not engage in any conduct or communications, whether public or private, that disparage the other.
17. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys 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 Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
18. CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by or employees, the provisions in this Agreement shall be controlling.
19. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida 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 by a court of law in the State of Florida, Miami-Dade County, pursuant to the laws of Florida State (or the United States of America), which 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.
20. 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.
21. PREVAILING PARTY ATTORNEYS’ FEES. If any action or proceeding is commenced to construe or enforce this Agreement or the rights and duties of the parties hereunder, then the party prevailing in that action, and any appeal thereof, shall be entitled to recover its attorneys' fees and costs in that action or proceeding, as well as all costs and fees of any appeal or action to enforce any judgment entered therein.
22. INDEPENDENT REVIEW. The parties acknowledge and agree that they understand all of the terms and conditions contained herein.
23. 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.
24. 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 provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
25. OTHER TERMS. Upon execution of This Agreement by signature below, the Parties agree that any individual, firm Company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is a Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
Receipt of payment shall also constitute implicit agreement of this legal and binding agreement.
Betzaida E Guerra PhD PA (DBA Better with Betsy) hereby agrees to abide by this agreement.
By setting forth my hand below I warrant that I have complete authority to enter into THIS AGREEMENT.