LIZ NICKLAS COACHING
This Agreement is made and entered into on this day, [INSERT DATE] (“Start Date”) between Liz Nicklas, LLC., a Massachusetts Company, (Hereinafter referred to “Company” or “Coach”) and [CLIENT NAME], (Hereinafter referred to as “Client.”)
Coach and Client hereby voluntarily and willingly agree as follows:
For good and valuable consideration of the Compensation and Fees stated herein for Private Coaching. In exchange, Coach agrees to provide the coaching services outlined in this agreement.
TERMS OF AGREEMENT
?Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Liz Nicklas of Liz Nicklas, LLC.(“Company” or “Coach”) and You (“Client” or “You”) agree to the following terms stated herein.
COACHING SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Coach agrees to render services related to education, consulting, coaching, and/or business coaching (the “Private Coaching”). The terms of this Agreement shall be binding for any further goods/services supplied by Coach to Client. The scope of services rendered by Coach pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of Private Coaching. Coach reserves the right to substitute services equal to or comparable to the Private Coaching for Client if the need arises.
As part of Private Coaching, the Coach shall provide the following to Client:
- 12 months of Private Coaching
- 3 weekly 60-minute calls per month scheduled for Weeks 1 to 3 of each month for 12 months.
- Voxer access Monday – Friday (8:00 am to 5:00 pm Eastern Time) from Start Date to End Date, with the exception of holiday breaks or other dates that Coach will notify Client of in advance
- 1 60-minute joint partner call each month held with the Client and your partner, [PARTNER NAME], scheduled the 4th week of each month for 12 months
- Calls may be recorded by the Client for future review
Client acknowledges that you have read the Coaching Services and conducted any additional research necessary to feel you understand what is being provided in Private Coaching as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
COMPENSATION. Client agrees to compensate Company according to the payment schedule set forth on Company’s website, or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement.
Client agrees to render payment via credit card on Coach’s third-party sales page, in one of the following amounts, dependent upon the time in which Client is starting Private Coaching:
Pricing: Client understands and agrees Private Coaching is being offered for thirty thousand U.S. dollars ($30,000) if paying in full, or in four (4) quarterly installments of seven thousand, five hundred U.S. dollars ($7,500). A second payment plan option includes paying 12 monthly payments of $2,500 U.S. dollars.
If Client elects to utilize the first payment plan option, Client understands your obligation to make four (4) quarterly payments of $7,500 U.S. dollars. Upon signing this Agreement, Client confirms you are bound to make all four (4) payments, and will timely make all four (4) payments absent written agreement from Coach stating otherwise.
If Client elects to utilize the second payment plan option, Client understands your obligation to make twelve (12) monthly payments of $2,500 US dollars. Upon signing this Agreement, Client confirms you are bound to make all twelve (12) payments, and will timely make all twelve (12) payments absent written agreement from Coach stating otherwise.
Client understands that electing to terminate this Agreement, choosing to leave Private Coaching early, or otherwise stop participating in Private Coaching during its duration does not entitle Client to opt-out of monthly or quarterly payments, nor eliminate Client’s obligation agreed upon herein to make all payments.
Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client. A payment is to be considered late if not paid within fourteen (14) days of the date it is due. Accounts that have not been paid after 90 days may be turned over to collections, and the balance of Client’s account will come due and payable. If Client’s account is turned over to collections, Client understands and agrees you are responsible for any and all fees accrued, in addition to the original account outstanding balance.
REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance to Private Coaching calls for any reason whatsoever, Client will receive no refund. Client understands this provision, and agrees that you are not entitled to a refund once purchase or first payment is complete. Client further agrees and understands that changing your mind about Private Coaching, failing to follow through or understand the details of Private Coaching, not experiencing the results you expected or desired, or experiencing any other similar situations does not entitle Client to a refund, nor entitle him/her to refuse additional monthly payments.
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 herein. If client uses a multiple-payment plan to make payments to Company, 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 charge backs 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 charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the materials exchanged during Private Coaching. This agreement is not transferable or assignable without the Company’s prior written consent.
INTELLECTUAL PROPERTY RIGHTS. Client agrees and understands that Coach has created numerous original, creative works in connection with Private Coaching, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in Private Coaching, whether created prior to working with Client or specifically for Client. Client agrees you may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the term of Private Coaching.
Client agrees and understands you are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end your participation in Private Coaching without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
LIMITATION OF LIABILITY. By using Coach’s services and enrolling in Private Coaching, Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from anything and everything. Private Coaching is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. 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 Private Coaching. Client agrees that use of Company’s services is at Client’s own risk. Client understands and agrees that you are voluntarily choosing to enroll in Private Coaching and is solely responsible for any outcomes or results. While Coach believes in her services and that she is able to help many people, Client acknowledges and agrees that Liz Nicklas Coaching is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications.
DISCLAIMER OF GUARANTEE. Client accepts and agrees that you are 100% responsible for your progress and results from Private Coaching. Client accepts and agrees that you are the one vital element to your success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company makes no guarantee or warranty that the Private Coaching will meet Client’s requirements or that all clients will achieve the same results.
Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on Private Coaching, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Private Coaching. Any information or testimonials regarding past or current clients’ participation in Programs or Private Coaching, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.
PRIVATE COACHING RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Rules/Regulations presented by Company. The failure to abide by rules shall be cause for termination of this Agreement. 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.
PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER. All information shared, education provided, resources shared, and other advice given to Client is intended as general information and education in the field of business and mindset coaching. Nothing herein is intended as medical information or advice, therapy, legal or financial advice, or other professional advice that should be sought by an appropriate professional. Client understands and agrees that you will consult or seek out a therapist, doctor, lawyer, accountant, or other relevant professional should Client have an inquiry in this area.
TERM / TERMINATION
- Term: This Agreement is to become effective on the START DATE outlined above, and continue in full force and effect until the end of PrIvate Coaching on [END DATE], at which point it will automatically terminate, less the confidentiality, dispute resolution, and intellectual property paragraphs, which shall survive the termination of this Agreement.
- Termination: All fees are non-cancellable and non-refundable. Client may elect to cancel your participation in Private Coaching, but will continue to owe the full balance as outlined below and is not alleviated of any payments owed, nor entitled to a refund, and all terms as outlined herein will continue to be effective until the end of Private Coaching.
CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned 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. Coach consents to the Client recording the calls being made during Private Coaching for the sole use and benefit of the Client. These recordings are not to be shared with anyone. Company and Coach agrees to request consent of the Client to use their name, voice, and likeness in any video and audio recordings for future lecture, teaching, and marketing materials, and other goods/services provided by Company, without compensation to the Client. Client reserves the right to refuse any such request.
NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, 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.
CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts 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 to arbitration in the State of Massachusetts, Medway, pursuant to the rules of the American Arbitration Association, which arbitration 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.
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.
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.
SEVERABILITY. If any of the provisions contained in this Agreement, or any part thereof, 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.
OTHER TERMS. Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.
A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
Client Signature: _______________________________________