Terms and Conditions

1. Scope of Coaching Program

• 60-min onboarding call at least one week prior to hear more about your business and what you'd like to focus on and create during our time together.
• 6-hour virtual support day via Zoom, to blast the doors wide open to your next expansion + We'll explore your next entrepreneurial evolution and create the expansive, inspiring vision and grounded action plan so you can move forward with clarity, confidence, and jump-out-of-bed motivation. 
• 30 days continued support via Voxer - a big day deserves big support. You get me in your back pocket for 30 days following our 1:1 day for even more personalized support as you implement and make moves in your day-to-day.
• 60-min Check in + Integration Call 30 days post-session to round out your support - to check in on your progress, troubleshoot anything that might have come up during the 30 days, and set you up for success going forward.
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2. Coaching Calls

Coaching calls will last for up to 60 or 90 minute per call, depending on what the Client has scheduled. Client understands that calls will not go over time.

The client understands that coaching calls will only occur during the package time frame and acknowledges that calls will not rollover. All calls must be completed by the end of the coaching program agreed to in this Agreement.

 

3. Fees

In consideration of the coaching services provided by the Company, the Client agrees to compensate Company the amount agreed to on the Kajabi offer.  The client shall make payment online through the Company’s client management system.

 

The client may either (1) pay the full fee; or (2) pay two equal installments per month. If a payment plan is elected, the final payment is due 30 days before the end date of the coaching program. The company will not begin coaching programs and calls until the full fee or the retainer is paid.

 

Any additional coaching services, calls, emails and time beyond the terms listed at the top of this contract, will be billed by Company at $250.00 per hour.  

 

Late payments will incur 5% late fee, compounding daily until the payment is made. All services will be suspended until payments are made in full, including any interest. 

 

4. Refunds

In the event that this Agreement is terminated pursuant to Section 5, no portion of any payments of any kind whatsoever shall be owed or refunded to Client. If client cancels attendance at the Program for any reason whatsoever,  the  Client will receive no refund. 

  

5. Term and Termination

This Agreement shall last for a term of four (4) consecutive months with the option to extend once the term is complete. Client may terminate this Agreement upon giving 30-days written notice to Company, but no refund will be given. Notice may be given via email. If such notice is given and there is still an outstanding balance on Client’s account, Client must pay the remaining balance to Company. Company reserves the right to collect any outstanding and unpaid balance.

 

Company may terminate this Agreement at any time in the event Client breaches contract, Client fails to comply with suggestions provided by Coach without reaching an agreeable alternative solution, or Client does not remit payment as specified in Section 3.

 

6. Communication

Company is generally available to provide services during normal business hours: 10am-5pm PST. Company’s primary source of communication is through Voxer. Company will respond to Client within 72 hours during business hours, including any document reviews. Client agrees and understands that Company may take holidays and vacations off throughout the year. Company will notify Client within 7 days of these time periods and parties will work together to ensure all services are completed and/or scheduled for any time off.

 

Coaching phone calls will occur via Zoom and be recorded by both participants.

Questions will be directed through Voxer.

 

Client understands and agrees to this communication clause: 

7. Renewal

If Client wishes to renew the agreement, Client must notify Company within 1 month prior to this Agreement ending, and a contract renewal agreement will be sent by Company. Client understands that renewal is not guaranteed.

 

9. Service Location

Both parties agree and understand that the coaching services to be provided under this Agreement shall be performed virtually.

 

10. Copyright
All coaching services, documents, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s course and content is owned by CHELSEA ABRIL and is not to be used for purposes beyond client implementation. Violators of this federal law will be subject to its civil and criminal penalties. Client may not at any time copy,  reproduce,  publish in any form,  share, sell, dispose of, or otherwise make available to a  third party in any way any of the content or materials used in the Sessions. 

 

11. Confidentiality

Client shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the names of any of its course materials, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

 

Company will not use Client’s name for advertising, press releases, announcements, or any promotional purposes, including on its website, without the prior written consent of Client.
 

Client understands that in order to maintain the utmost quality and continually expand expertise, the Company receives its own coaching.  Client agrees that the Company may disclose any issues which arise out of the Sessions with their own coach, supervisor, and/or supervision group. Company agrees only to disclose such issues on a general basis and without disclosing your name. 

 

Company agrees not to (except in the proper course of their duties) use or disclose to any third party any  Confidential Information.  This restriction does  not apply to:

(a)   any  use or  disclosure authorized by  you or  required by  law;

(b)   any use or disclosure which the Company in absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to the Client or to others; or   (c)   any information which is already in, or comes into,  the public domain otherwise than through the Company's unauthorized disclosure. 

 

Client understands and agrees to this confidentiality clause: 

 

12. Guarantees

Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.

 

13. Release & Reasonable Expectations

Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the coaching program will produce different outcomes and results for each Client. Client understands and agrees that:

 

• Every client and final result is different.
• Business coaching and/or consulting is a subjective service and Company may give different information to each Client depending on his/her needs and business needs.
• Company will use its personal judgment to create favorable experiences to each Client depending on their business and personal needs.
• Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned
  
   

14. Disclaimer

Client agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.

 

15. Relationship of the Parties

The parties acknowledge and agree that the services performed by Company, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

 

16. Indemnification

Client will indemnify, defend and hold harmless Company, its affiliates, customers, employees, successors, assigns, officers and directors from and against any losses, damages, claims, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (a) injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by Company or persons furnished by Company; (b) assertions under Workers’ Compensation or similar acts made by persons furnished by Company; (c) any failure by Company to perform its obligations under this Agreement; (d) any negligent act or omission committed by Company in the performance of the Services; or (e) any claims, actions, or other proceedings based on a claim that any work provided by Company infringes upon or violates any U.S or foreign patents, copyrights, trade secrets, or other third party proprietary rights.

 

17. Limitation of Liability

Client acknowledges that while the Company may provide business and personal solutions and suggestions, it is up to Client to act on his/her own best interest and all decisions for improvement ultimately fall upon Client. Client agrees to hold Company harmless for any and all damages that may be made to the business of Client. Client agrees that all business, personal, and financial decisions are his/her own responsibility. Company will not be liable for any loss of profits,  loss of business,  depletion of goodwill and/or similar losses,  loss of anticipated savings, loss of goods,  loss of contract,  loss of corruption of data or information, or any special, indirect, consequential or pure economic loss,  costs,  damages,  charges or expenses suffered or incurred by the Client as a result of entering into this agreement and the Company providing the Services. 

 

18. Force Majeure

If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

 

19. Non-Disparagement

Company and the Client agree that, at all times during this Agreement, they shall use reasonable and good faith efforts to ensure that neither party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. The parties further agree to do nothing that would damage the others business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.

 

20. Entire Agreement 

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

21. Venue and Jurisdiction

The laws of the State of Washington shall govern this contract, and any resulting arbitration shall take place within. Both parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary. 

 

22. Mediation and Arbitration

Any and all disputes or disagreements rising between the parties out of this Agreement upon

which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Seattle, Washington unless. another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

 

23. Transfer

This agreement cannot be transferred or assigned to any third party without written consent of both parties.

24. Severability

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

25. Counterparts; Facsimile Signatures

A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the parties. The parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the parties’ signatures, may be used as the original.