Print for your records.
This coaching agreement is entered into by and between the above Coach and Client who are collectively referred to as “Parties”.
1. PURPOSE
The Coach will provide, and the Client will pay for the selected Business Launch Prep School coaching and training services, in Paragraph 4, in accordance with the terms and conditions of this Agreement.
2. CONTRACT DATE
This Agreement is dated {{curDate | longDate}} (“Effective Date”).
3. THE COACHING RELATIONSHIP
3.1 Client acknowledges that coaching is a team effort, and the Client will get out of coaching only as much as he or she puts into it. The client agrees to participate in coaching fully and follow the Coach’s instructions to his or her best ability. The client agrees to communicate honestly, be open to feedback and assistance, and create the time and energy to participate fully in the program.
3.2 Client acknowledges that Client is solely responsible for creating and implementing his or her own decisions, choices, actions, and results based on coaching calls, sessions, and interactions with Coach. The client agrees that the Coach is not and will not be liable or responsible for any action or inaction or any direct or indirect result of any services provided by the Coach. The client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
3.3 The Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
3.4 The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, the Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
4. COACHING SERVICES
4.1 Coach agrees to provide the services and products listed on the order form, receipt, or invoice associated with this payment and account.
4.2 Coach has complete discretion in Coaching but shall not engage in any services which are not expressly outlined in this Agreement without prior written permission from the Client.
4.3 The coach may, upon the Client’s request and at the Coach’s sole discretion, provide the following additional services (“Additional Services”) such as bonus material.
4.4 The Client agrees once The Coach has provided access to the online services in paragraph 6.2.2 via the email address listed in paragraph 7A by The Client, services are being rendered; therefore, the “No Refunds” policy in paragraphs 6.7 and 11.3 is activated.
5. CANCELLATION POLICY
5.1 The Client acknowledges that unanticipated circumstances arise, and the timeline for delivering all sessions is not guaranteed. The coach reserves the right to cancel any coaching session by notifying the Client at least 4 hours before the scheduled session. Coach agrees to reschedule the canceled session within 5 days of the originally scheduled session.
5.2 In the event Client needs to cancel or reschedule any session, the Client agrees to provide 4 hours notice of cancellation in advance of such session. The client agrees to pay the entire session fee for any session not canceled 4 hours in advance, and any sessions not canceled 4 hours in advance will not be rescheduled.
5.3 The Coach reserves the right to categorize a session as a “No-Show” if the client is more than 15 minutes late. The client agrees to pay the entire session fee for any session categorized as “No-Show”; the session will not be rescheduled.
6. COMPENSATION
6.1 The client will pay the total service and product amount listed on the order form, receipt, or invoice produced from this site and associated with this account, regardless of the Client’s program completion, participation, or activity level.
6.2 All charges are based on the United States Dollar and are subject to international conversion calculations on the day of purchase. The Client may pay in full or payment plan using a major credit card or ACH only.
6.2.1 Client may pay the total amount in one lump sum and receive a 10% Full Payment Incentive.
6.2.2 Client may utilize LASTCo’s internal payment plan with an 18% finance fee and the total amount. The Client agrees to select “Auto Draft” upon processing of their initial payment. Refer to the following payment plan schedule if this option is selected.
6.2.3 Client may utilize FlexxBuy financing and agrees to FlexxBuy lender’s payment terms of service. The Client agrees to provide the entire amount listed in paragraph 6.1, within 24 hours of receiving the funds from the lender to receive services.
6.3 In the event Client requests and Coach provides any of the Additional Services, Client shall pay the Coach those amounts as indicated in the attached Pricing Guide. Coach reserves the right to adjust the amounts shown on the Pricing Guide per Coach’s standard practices.
6.4 Late payment will suspend access to the curriculum, sessions, meetings, and exclusive community will be terminated if the 5-day grace period is exceeded. The Clients remains responsible for paying the total amount.
6.5 The Clients Business Launch Prep School Program Agreement, Client/Coach relationship, and access to curriculum, sessions, meetings, and exclusive community will be terminated if the Client’s account is not current within 5 days.
6.6 Coach acknowledges and agrees that payment, as provided in this Section, shall constitute full and final compensation for all Services and rights granted under this Agreement.
6.7 The Client shall not be entitled to any refunds in full or in part for payments made under this Agreement for any reason, including but not limited to termination of this Agreement. All funds paid shall be considered compensation for services rendered. Any unused services included under any payment or monthly retainer will not be refunded or rolled over month-to-month.
Subscription services will continue to the following billing date upon cancelation.
6.8 The Client acknowledges and agrees that the Coach may appoint any person as its agent (“debt collection agent”) to collect any amount due by the Client to the Coach under the Agreement, and the Client shall be responsible for all costs and expenses which may be incurred by the Coach for that purpose on each occasion. Further, the Coach shall have, and the Client admits and agrees that the Coach does have the right to disclose to the debt collection agency any of the Client’s personal data for that purpose on any occasion.
7. CLIENT RESPONSIBILITIES
7.1 The client agrees to cooperate with the Coach to provide all information and materials necessary for the Coach to provide the Coaching. The client agrees to provide, at a minimum, the following:
A. Full billing address, shipping address, phone number(s), and email address(s).
- Billing Address
- Billing Email Address
- Billing Phone Number
B. Signed and dated Business Launch Prep School Program Agreement.
C. Completed and signed Bank Transfer Authorization Form authorizing Life After Service Transitional Coaching LLC to deduct a specific payment amount from your account to pay for services if approved for and receive financing through FlexxBuy.
D. Payment, in accordance with paragraph 6, to begin services.
If the Client fails to provide any requested information promptly, the Coach reserves the right to reschedule the next coaching session for a time when such information has been provided. The missed scheduled appointment will be deducted from the client’s total number of sessions.
7.2 The Client understands the following:
- That coaching is not advice-giving, psychotherapy, or counseling. I agree to seek these or other professional services if needed.
- The Client is fully responsible for the decisions and actions I take regarding my life and affairs.
- The Client agrees to be mindful of my well-being during this coaching process.
- The Client shall not hold the coach liable or responsible for any actions I take during or after this coaching relationship.
- The Client understands that the coach makes no guarantees or warranties, expressed or implied, about any results to be achieved.
- The Client understands that progress is dependent on my efforts and willingness to exert the necessary effort to succeed.
8. COACHING PROMISE
The service is coaching (transition, leadership, executive, and life coaching), which is not advice, therapy, or counseling. Coaching is a designed alliance that helps bring out the best in the client and helps the client create and live the life they want to live. Upon completion of the coaching plan, coaching will convert to a month-to-month basis. If it is desired to cancel further services, the client agrees to provide the coach with five days’ notice.
The coach promises the client that all information provided to the coach will be kept strictly confidential as allowed by law. Throughout the working relationship, the coach will engage in direct and personal conversations. The client can count on the coach to be honest and straightforward in asking questions and making requests. The client understands that the power of the coaching relationship can only be granted by the client, and the client agrees to do just that—have the coaching relationship be powerful. Progress is dependent on the client’s effort and willingness to exert the necessary effort to succeed. If the client believes that coaching is not working as desired, the client will immediately communicate that to the coach, and both will take action to remedy the situation. Results are not guaranteed.
9. INTERNATIONAL COACHING FEDERATION VERIFICATION
As a member of the International Coaching Federation (ICF), Rolande Sumner and Life After Service Transitional Coaching LLC will collect the names, phone numbers, email addresses, and hours served from each of its clients and use them to account for paid and pro bono coaching hours. The information will never be sold or used for marketing or advertising, but only as a means of coaching verification.
10. CASE STUDIES
During each quarter, Life After Service Transitional Coaching LLC dba LASTCo will prepare case studies documenting its client’s coaching and consulting journey. The journey will include all information about the client and their specific needs, and their outcome. Case Studies may be used for training, marketing, and development purposes.
If you choose to be excluded from future case studies, please notify Life After Service Transitional Coaching LLC in writing before the end of your contract.
11. TERMINATION
11.1 Either party may terminate this Agreement by giving the other party 30 days’ written notice. The client may terminate this Agreement if the Coach fails to cure any default or breach of this Agreement within ten (10) days of receiving written notice of the Client’s intent to terminate due to such deficient performance. 11.2 If the Client’s account is not made current within 5 days, the Client’s access to all features associated with Business Launch Prep School will be terminated. The Coach may report any remaining balance as a debt to third-party credit bureaus or collection agencies after a payment is 30 days past due.
11.3 All payments under this Agreement are non-refundable. The client shall not be entitled to a refund, including but not limited to termination of this Agreement. Payment under this Agreement reserves Coach’s time, material, and intellectual property and prevents someone else from benefiting from Coach’s services; as such, all funds paid shall be considered compensation for services rendered are not refundable.
11.4 Force Majeure. The coach shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to fire flood, inclement weather, accident, earthquakes, governmental order, pandemic or epidemic, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes.
11.5 If The Coach arrives late to any session due to unavoidable delay (traffic, weather, etc.), the Client may elect to add the missed time to the end of the session at no additional charge.
11.6 The Client agrees to pay the total amount of the service and his fees regardless of the level of participation or termination or active status. The total amount under this Agreement pays for systems and staff utilized to serve the Client.
12. CONFIDENTIALITY
12.1 The coaching relationship and any information that the Client shares with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. The coach will not disclose the Client’s name as a reference without the Client’s written consent. The coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. The coach will use reasonable care in handling the Client’s Confidential Information so that it does not enter the public domain. The coach will return all Confidential Information to the Client upon the termination of this Agreement.
12.2 The client acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions), and communications between the Coach and Client are not subject to the protection of any legally recognized privilege.
12.3 The coach may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of the Coach; (ii) the Client grants permission for such disclosure in writing; (iii) the Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others, or (vi) it involves illegal activity.
12.4 In receiving Coaching, the Client will benefit from proprietary systems, strategies, and techniques developed by the Coach (“Coach’s Proprietary Information”). The client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. The client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
13. INDEMNIFICATION
Client, at Client’s expense, shall release, indemnify and hold Coach and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost, and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of any Work Product, unless due to negligence of the Coach.
14. PUBLICITY
The client agrees that Coach may use the Client’s name, logo, and/or image (but no contact information or personal information) in Coach’s advertising or promotional literature and may publish articles, blog posts, or other advertising and promotional material relating to the Client and the Coaching. Client releases Coach from any liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name, logo, and/or image as permitted in this section. Nothing in this section releases Coach from the confidentiality requirements of this Agreement.
15. LIMITATION OF LIABILITY
15.1 Except as expressly provided in this Agreement, Coach makes no guarantees, representations, or warranties of any kind or nature, express or implied, concerning the Coaching. In no event shall Coach be liable to Client for any indirect, consequential, or special damages. Coach’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the Total Contract Price or the amount paid by Client to Coach under this Agreement.
15.2 Coach is not responsible for any technical difficulties with hardware, software, connectivity, or other technical aspects of electronic coaching sessions and does not guarantee that the conferencing software or group coaching sessions will be free from technical problems, available at all times, or work as expected.
16. MISCELLANEOUS TERMS
16.1 Waiver. The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operated as a waiver of any breach or default.
16.2 Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
16.3 Governing Law. This Agreement will be governed by and interpreted per the laws of the State of South Carolina without giving effect to its principles of conflicts of law.
16.4 Assignment. Neither Party may assign, transfer, sub-contract, or delegate any right or obligation under this Agreement without the prior written consent of the other party.
16.5 Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the party’s address to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are sent by providing written notice to the other party as provided for in this section.
16.6 Section Headings. Section headings are inserted for convenience only and shall not be used to construe the terms of this Agreement.
16.7 Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.
16.8 Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
16.9 No Insurance. As Coach is an Independent Contractor, the Client will not be required to provide Coach with any employee, individual, or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.
16.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all shall constitute the same instrument.