ADDTIONAL ADDENDUMS:
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:
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.
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.
3) Coaching terms: A coaching relationship between 2 parties is essentially a relationship
whereby the Coach assists the client in meeting the Client’s potential within the areas of
the coaching relationship is meant to focus on. The 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
advice.
b) Client is solely and exclusively responsible for Client’s own mental and 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, discretion, and expense if needed.
4) Description of services: The client hereby engages the Coach, and the Coach accepts
such engagement to provide the following coaching services for the Client. 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, if applicable.
a)Specific goals and recomendations that are mutually agreed up after initial intake session.
b) Coach and Client will use the following methods for contact for meeting
throughout the coaching relationship: Virtual online video sessions
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
represent and warrants that Coach maintains a specific certification as follows: Certified Ayurvedic Wellness Coach, Certified Life Coach, Certified Reiki Practitioner. Coach acknowledges and agrees that maintaining this certification is a
material inducement for the Client to enter this agreement.
6) Nonexclusively: Coach may be engaged or employed in any other coaching business,
trade, profession, or other activity which does not place Coach in conflict of interest with
the Client. Client herby explicitly acknowledges and agrees that Coach may be engaged
or employed with other business or industry, including, if applicable, Client’s direct
competitors.
7) Availability and Schedule: Coach and client agree will determine a mutually beneficial time within the Coach's designated availibility which will be given to the Client on a biweekly or monthly basis for scheduling for the duration of the package chosen.
8) Fees and expenses: Client will be paid up front for the selected package of services, before any services are to be rendered. In the event the client has a payment plan arranged the services will never exceed the payments that have been taken.
9) Cancellation and 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 the Client at 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. If
Client cancels or reschedules within 24 hour prior, Client understands they will have forfeited one of their paid for sessions. The Parties will then attempt to reschedule the meeting in good faith on if client cancels outside of the 24 hour window.
11) Record Retention Policy: Coach and Client hereby acknowledge and agree that they
have specifically discussed Coach’s record retention policy. Coach will maintain
communications, documents, information, and notes related to Client, in a manner most
convenient for Coach , for the following time period: 1 to 2 years following discontinuation of services in the event client would like to continue in the future.
12) Response time: Client agrees to respond to Coach no later than the following amount of
time after being reached out to for communication, within 24 hours. In the
event of an emergency or 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.
13) 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.
a) Information that is generally known to the public or known to the Client’s specific
industry.
b) Information freely given to Client to any third party.
c) Information received by Coach from any source that is not Client.
d) Information in Coach’s possession prior to this contractual agreement.
e) Information developed independently by the Coach.
f) Information which is revied by the Coach from the Client but that may not
imminently harm the Client or another individual.
g) Information about any illegal activity.
Additional Note: When participating in group sessions Client understands and assumed the risk associated with divulging information that may not be protected within the confines of the typical Client/Coach individual sessions.
14) Termination: This agreement will automatically terminate after the agreed upon
amount of coaching meetings have been completed. The parties may choose to renew
this agreement, with all of its terms and conditions, by providing notice within 1 month prior to planned termination date, pending the Coach availibility, determined by other client case load at the time. The notice must be
in writing. If the parties agree, this agreement will continue for a term which is the exact
same as the original term. This agreement may be immediately terminated in the event
that there is a breach of the terms by either party. For a material breech, the parties are
required to give notice, in writing, specifying what the breach was, but do not have to
give advance notice to terminate this agreement. 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 -1 week before next scheduled appointment
15) 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.
16) 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.
17) 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 that 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, 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.
18) Indemnification: Coach and Client shall each defend, indemnify, and hold the other
harmless from and against all losses, damages, liabilities, deficiencies, actions,
judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind
(including reasonable attorney’s 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.
19) 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 which will be conducted in the county and state noted in the
Governing Law provision of this agreement.
20) Governing Law: This agreement shall be governed by and construed in accordance with
the internal laws of Alabama 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: Etowah.
21) 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.