• Coaching Services Agreement and Release of Liability

  • This Coaching Services Agreement and Release of Liability ("Agreement") is entered into by and between the undersigned participant ("Participant") in connection with coaching services provided by Elevare Coaching, LLC ("Provider") and made available to Participant by Veracity Electric, LLC ("Company").

  • 1. Description of Coaching Services Provided to Participant.

  • Provider, by and through its independent contractor coaches ("Coaches") is providing Company's employees, including the undersigned Participant, boutique professional coaching services ("Services"), which may include the following:
    • Faith and spiritual development
    • Marriage and relationship coaching
    • Parenting and family leadership
    • Health and fitness accountability
    • Personal finance and budgeting
    • Workplace performance and career development
    • One-on-one coaching sessions
    • Leadership and performance coaching
    • Personal and professional development coaching
  • Company, and not Participant, shall be responsible for the payment for the Services.
  • 2. Assumption of Risk, Release of Liability, and Indemnification

  • In consideration of Provider's provision of Services to Participant and Company's payment for the same, Participant agrees to the following:
  • ASSUMPTION OF RISK: Participant understands and agrees that participating in these Services may involve certain risks, including but not limited to (a) emotional discomfort/injury in discussing Participant's personal, family, spiritual, financial, and/or other matters, (b) physical strain and/or injury in fitness-related activities, and (c) emotional discomfort and/or physical injury in relation to any lifestyle changes made in connection with these Services. Participant understands and agrees to voluntarily assume full and complete responsibility for, and the risk of, any injury or
  • accident that may occur during or as a result of his/her participation in these Services, resulting from or arising out of the negligence of Coaches, Provider, Company, and their respective agents. employees, representatives, owners, members, managers, contractors, insurers, attorneys, subsidiaries, predecessors. successors, and/or assigns.
  • RELEASE OF LIABILITY:

  • Participant, for himself/herself, his/ her heirs, administrators, and executors, hereby releases, holds harmless, and agrees not to sue Coaches, Provider, Company, and their respective agents, employees, representatives, owners, members, managers, contractors, insurers, attorneys, subsidiaries, predecessors, successors, and/or assigns ("Released Parties"), for any injury or damages Participant might suffer in connection with his/ her participation in these Services resulting from or arising out of the negligence of the Released Parties, including injuries or claims related to: (a) advice or counseling provided by Coaches; (b) emotional discomfort in discussing personal, family spiritual, financial, and/or other matters; (c) physical strain and/or physical injury in fitness-related activities; and (c) emotional discomfort, and/or physical injury in relation to any actions, lifestyle changes or adjustments made in connection with these Services. Participant understands and agrees that the Release contained in this paragraph is intended by the Parties hereto to be construed broadly in favor of the extinguishment of any and all claims direct or indirectly relating to, or arising out of, the Services contemplated in this Agreement.
  • INDEMNIFICATION:

  • Participant, for himself/herself, his/her heirs, administrators, and executors, hereby agrees to indemnify and hold harmless the Released Parties, for any claim or lawsuit asserted against Released Parties relating to injury or damages Participant might suffer in connection with his/her participation in the Services contemplated by this Agreement, resulting from or arising out of the negligence of the Released Parties, including injuries or claims related to Released Activities. Participant agrees to reimburse Released Parties for any and all litigation costs, expenses, and/or attorneys' fees associated with claims directly or indirectly relating to, or arising out of, the Services contemplated in this Agreement.
  • 3. Nature of Coaching Services
  • Participant understands and agrees that:
    • By providing the Services, neither Provider, nor any of its Coaches are health care providers, financial advisors, and/or fiduciaries.
    • By providing the Services, any and all advice provided in connection with these Services does not constitute medical, psychological, legal, tax advice, and/or financial advice.
    • By providing the Services, any and all advice provided in connection with the Services does not constitute health care services, medical treatment, mental health treatment, therapy and/or counseling.
    • Neither Provider, nor its Coaches, diagnose, treat, or cure any physical or mental condition.
    • The Services are a collaborative, educational, and developmental process designed to support personal and professional growth.
    • Coaches are not employees of Veracity Electric, LLC or Elevare Coaching, LLC, or any of their subsidiaries or affiliates. All Coaches are independent contractors.
    • If Participant misses their scheduled session or cancels within four (4) hours before the scheduled session, they will be prohibited from receiving the Services for a period of thirty (30) days from the date of the missed and/or canceled session.
    • Voluntary Participation. Participation by Participant in the Services is not a requirement of employment with Company. The Services are offered as a benefit of employment with Company and are entirely voluntary and optional. Participant understands and agrees that participation in the Services is voluntary and that Participant may discontinue participation at any time. Participant acknowledges and agrees that he or she is free to participate in the Services, that he or she is under no compulsion, economic or otherwise, to participate in the Services.
  • 4. Ability of Participant to Participate in Services

  • Participant agrees and represents that he/she is physically and mentally capable of participating in the Services, and that he/she does not have any physical condition/ impairment, medical and/or mental health condition that would prevent him/her from safely participating in the Services. To the extent any such condition or impairment presents itself after the execution of this Agreement, Participant agrees to notify any and all Coaches, Company and Provider immediately, and to cease participation in all Services immediately.
  • 5. No Guarantees Promised

  • Participant understands and agrees that the Released Parties have not made (and will not make) any guarantees to him or her about outcomes, results, or performance improvements associated with the Services. It is the sole responsibility of
  • Participant to achieve outcomes, results, or performance improvements, and not the
    responsibility of the Released Parties.
  • 6. Confidentiality

  • Participant understands and agrees that communications made during coaching
    sessions/Services are to be confidential; however, confidentiality may be limited by legal
    requirements.
  • 7. Governing Law

  • Participant understands and agrees that Arkansas law shall govern this
    Agreement and the interpretation of any and all provisions under this Agreement, and
    that Arkansas law shall govern any and all disputes, claims, and/or lawsuits that arise
    under this Agreement, to the extent such are not waived.
  • 8. Severability

  • To the extent that a Court declares any portion of this Agreement invalid or
    unenforceable, Participant agrees that the remainder of this Agreement shall be
    enforced to their full extent.
  • 9. Acknowledgement

  • Participant acknowledges that he/she has had ample opportunity to read and
    review this Agreement, and that Participant understands this Agreement, and agrees to
    this Agreement by executing below. Participant acknowledges that he/she is legally and
    mentally competent to execute this Agreement.
  • Participant agrees that he/she has had a right to have his/her own attorney(s)
    review this Agreement.
  • AGREED AND EFFECTIVE ON THIS
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