Contract Summary: please read the below thoroughly, reach out with any questions and sign on the next page when you are ready to confirm that you agree with the terms of this contract.
Client Name: {name}
Project Name: Notion Customized Template (Events Database)
Service Provider Name: Jodi Graham
Service Provider Company Name: Jodi Graham | Productivity Coach
Work And Payment
1.1 Project. This agreement, between Jodi Graham | Productivity Coach (herein named as Coach) and {name} (herein named Client), for the Notion Customized Template project.
1.2 Schedule. Work on the project will begin within 24 hours of the final signed contract, full payment and all complete and agreed upon resources and materials necessary for completion of the project being delivered by the Client to the Coach. Work will not commence until all of the aforementioned is delivered to the Coach by the Client.
The final completed project will be delivered to the Client from the Coach within 21 calendar days after the project has begun. No further project requests, changes, additions or omissions may be requested within this time period. See "Termination, Cancellation, Rescheduling" below for details about additional requests.
1.3 Payment. The Client will pay the Coach USD$250.00. Of this, the Client will pay the Coach USD$250.00 before work begins.
Ownership And Licenses
Coach Retains Ownership, But Grants Client License. The Coach retains ownership in any work product related to this project, but grants the Client to use the work product in the following way(s): The Client has the right to use the final completed project for their intended business purposes but the Client cannot re-sell it or allow it for use outside of the intended business purposes. Client agrees that all content, training materials, products, services and/or other materials, made available by the Coach are maintained for the Client's business use and are the property of the Coach. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Coach works on-that is, conceives, creates, designs, develops, invents, works on, or reduces to practice-as part of this project, whether before the date of this Contract or after.
Representations
3.1 Overview. This section contains important promises between the parties.
3.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
3.3 Coach Will Comply With Laws. The Coach promises that the manner it does this project complies with applicable Canadian and foreign laws and regulations.
3.4 Client-Supplied Material Does Not Infringe. If the Client provides the Coach with material to incorporate into the work product, the Client promises that this material does not infringe on someone else's intellectual property rights.
3.5 Relationship of the Parties. Throughout the working relationship, the Coach will engage in direct and personal conversations with the Client. The Client can count on the Coach to be honest and straightforward in asking questions and making requests. The Client understands that the power and benefit of the working relationship can be granted only by the Client. If the Client believes the coaching is not working as desired, the Client will communicate this to the Coach as soon as possible and the coaching strategy will be restructured to address the Client's desired outcome of coaching.
3.6 Disclaimer. Except as expressly provided in this agreement, the Coach makes no guarantees or warranties, express or implied. In no event will the Coach be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach's entire liability under this agreement, and the Client's exclusive remedy, will be limited to the amount paid by the Client to the Coach under this agreement for all services rendered up until the termination date.
Termination, Cancellation, Rescheduling
This Contract ends 14 calendar days following the date that the final project is delivered by the Coach to the Client. During this time the Client is able to request one revision to the project. After this time this contract terminates and automatically ends.
Revisions will apply to the data and information already contained within the final delivered product. Any extreme additions or high volume requests may require extra charges.
This is unless the Client or the Coach terminates the contract before that time. Either party may terminate this Contract for any reason by informing the recipient that the party is ending the Contract and that the Contract will end by a specific date. The Contract officially ends once that time has passed. The party that is terminating the Contract must provide notice by taking the steps explained in Section 6.4.
Termination of this agreement may occur at the discretion of the Coach when an impasse is reached with the Client. As long as the Client adheres to the Coaching Success Guidelines and the Coach adheres to professional practices and standards, the relationship will continue. Examples of terminable offenses:
• Lack of payment
• Indifference on the part of the Client to prescribed action items
If either party terminates this Contract before the Contract automatically ends as explained in the first sentence of this section, the Client will have already paid the Coach a guaranteed nonrefundable payment of USD$250.00.
The following sections don't end even after the Contract ends: 2 (Ownership and Licenses); 3 (Representations); 5 (Confidential Information); 6 (General).
Please be on time to all appointments. If the Client will be late for or miss an appointment, they will notify the Coach at least 24 hours in advance. Appointments missed without 24 hours' notice will only be rescheduled at the Coach's discretion. No refunds are issued after the start date of this Contract (as outlined in Section 1.2) or once payments are received by the Coach.
The Coach will respond to any Client communication within 24 hours during the 21 day project timeline between the hours of 9am EST - 4pm EST Monday through Friday.
The Client is expected to respond to any communication from the Coach within 24 hours so as to have the project delivered by the agreed upon date.
If there is any chance that the project will be delayed due to technical issues, each party will notify the other immediately. Consistent contact will be maintained until the technical issue is resolved and the final project delivery date and timelines confirmed and agreed upon between both parties.
In the unlikely event that the Coach is injured or becomes too ill to perform services, Coach will make every effort to secure a suitable replacement Coach. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the services under this agreement. If the Client does not want the Coach to find a replacement, the Client may choose to receive a refund instead.
Confidential Information
The Client's Confidential Information. The Coach promises the Client that all information provided to and discussed with the Coach will be kept strictly confidential as permissible by law. Anything that is said or revealed in the sessions between Coach and Client is privileged information and will not be disclosed to any outside party. The exception is if the information revealed includes disclosure of illegal, unethical or criminal activities. All information about the Coach/Client relationship will remain strictly confidential, except in very rare circumstances where decreed by law (ie: where the court might issue a subpoena for the file or information).
In order for the Coach and Client to work together with integrity, it's important for both parties to agree to hold all conversations and work in confidence. Toward that end. the Coach and Client agree to never share the following information with others, unless mutually agreed upon ahead of time:
• Financial information, including earnings, goals, and fees
• Proprietary business information or processes
• Business-related purchases or investments
• Any recorded communication, whether video, audio, or transcribed
• Any documentation related to our coaching relationship, such as legal agreements, pre-call and post-call review forms, checklists, notes, task lists and questionnaires
General
6.1 Services.
(a) The service provided to the Client by the Coach is Productivity Coaching, as either face-to-face coaching, web-based appointments and/or email communication, as designed jointly with the Client. The Coach will call the Client at the agreed upon time to begin the call. If the Client does not answer, the Client is allowed one call back up to ten minutes after the scheduled time or the appointment will be cancelled.
(b) Coaching, which is not directive advice, counselling, or therapy, may address overall goals, specific projects, or general conditions in the Client's life or profession. Coaching services may include education, setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, asking clarifying questions, and providing models, examples, and in-the-moment skills training.
(c) The methods employed by Jodi Graham | Productivity Coaching do not guarantee results. They are guidelines that the Client must follow through on in order to see any type of change. The Coach is not responsible for what the Client does with any information they are provided with, and is not liable for the Client's actions, decisions or results. The Client agrees, therefore, to hold the Coach free of any liability and responsibility for adverse reactions as a result of advice given in the coaching sessions.
6.2 Arbitration.
As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by alternative dispute resolution administered by the ADR Institute of Canada in accordance with the ADRIC Arbitration Rules.
6.3 Modification Waiver.
To change anything in this Contract, the Client and the Coach must agree to that change in writing and sign a document showing their Contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
6.4 Notices.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery or email. The notice must be delivered to an address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change of email address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
6.5 Signatures.
The Client and the Coach may sign this document using JotForm's e-signing system. These electronic signatures count as originals for all purposes.
6.6 Governing Law.
The laws in force in the province of Ontario govern the rights and obligations of the Client and the Coach under this Contract, without regard to conflict of law principles of that province.
6.7 Entire Contract.
This Contract represents the parties' final and complete understanding of this project and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.