Signed in as:
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Signed in as:
filler@godaddy.com
1. Scope of Coaching Program
● 26 50-minute 1-on-1 coaching calls over 30 weeks
● 30 weeks of chat via slack including responses from me within 24 hours on weekdays and 48 hours on weekends if the client desires
Client and Coach Responsibilities
Mariana Fávero Bonesso (Sensitive Coaching LLC) agrees to serve as your Coach. Coaching is designed to help client create awareness and, if desired, you will receive guidance in changing the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results. Coaching is an alliance between the coach and the client.
Coach and Client agree to engage in a 26 (twenty six) individualized coaching sessions via video and/or phone sessions and message/text support between sessions as appropriate. Coach cannot, and does not, guarantee particular results.
If Client wishes to extend the Coaching relationship, both Coach and Client must agree in writing to any additional services and payment terms. The terms of this agreement will continue to apply unless any future agreement expressly supersedes it.
2. Payments
In consideration of the coaching services provided by Company, Client agrees to pay Company $3500,00. Client shall make payment online through Stripe.
3. Refunds
If for any reason you wish to end your coaching relationship, please contact Coach in writing (via e- mail) at least 48 hours prior to your next coaching session. You will receive a refund for the unused portion of your coaching package in the same form in which the payment was made. Coach encourages Client to close out the relationship in a conversation, either in a final session or a brief call over the phone.
Coach may terminate this Coaching agreement at any time after two weeks written notice. In the event of the Coach’s termination, Client will receive a refund for the unused portion of the package. Otherwise, the Coaching will continue for the duration of the contracted period.
4. Coaching Calls
Coaching calls will occur each week throughout the duration of the coaching program and will last for up to 50 minutes. Client understands that coaching calls will not go over time. Client can elect to have coaching calls via Zoom or phone.
The coaching calls all must be completed within the coaching program time frame. 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.
5. Client Responsibilities
6. Term and Termination
This Agreement shall last for a term of 30 weeks. Client may terminate this Agreement upon giving 30-days written Notice to Company, with refunding the sessions not used. 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 2.
7. Communication
Company is generally available to provide services during normal business hours: 8 am-5 pm EST. Company’s primary source of communication is through Email. Company will respond to Client within 24 hours during business hours. 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.
8. Renewal
If Client wishes to renew this Agreement, Client must notify Company within 7 days prior to this Agreement ending, and a contract renewal agreement will be sent by Company. Client understands that renewal is not guaranteed and is dependent on availability.
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 Mariana Fávero Bonesso (Sensitive Coaching LLC) and is not to be used for purposes beyond the coaching program. Violations of this federal law will be subject to its civil and criminal penalties.
11. Confidentiality
Company will not use Client’s name, likeness, photos, or testimonial for advertising, press releases, announcements, or any promotional purposes, including on its website, without the prior written consent of Client.
12. No Guarantees
Company does NOT make any guarantees as to the Client’s personal, business, or financial results of any coaching 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 it works with. Client understands and agrees that:
▪ Every client and final result is different.
▪ Coaching and/or consulting is a subjective service and Company may give different information to each client depending on its personal and business needs.
▪ Company will use its personal judgment to create favorable experiences to each Client depending on their business 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 that Company is not providing the professional services of an attorney, accountant, 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 for said professional services with the appropriate service provider. Company is registered in the USA as a Professional Certified Coach through The Life Coach School.
15. Non-Disparagement
Company and the Client agree that, at all times during this Agreement and in perpetuity, 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.
16. Indemnification
Each Party hereby agrees to indemnify and hold harmless the other Party and its agents from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees, to which the other may become subject as a result of any claim, demand, action or other legal proceeding by any third party to the extent such losses arise directly or indirectly out of activities performed by the other Party pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of a Party.
17. Maximum Damages
The sole remedy for any actions or claims shall be limited to the maximum amount not to exceed the total monies paid by Client under this Agreement.
18. Limitation of Liability
Client acknowledges that while the Company may provide business and personal solutions and suggestions, it is up to Client to act in its own best interest and understand that all decisions for improvement ultimately fall upon Client. Client agrees that all business, personal, and financial decisions are its own responsibility.
In no event shall Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
19. Force Majeure
Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 7 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 7 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable.
20. Cancellation of Services by Company
In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, or other personal emergencies, it will:
1. Immediately give notice to Client;
2. Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
3. Excuse Client of any further performance and/or payment obligations under this Agreement.
21. Assignability and Parties of Interest
Client shall not assign, sub-contract, substitute, or hire any third party to take the place of Client in performance of this Agreement.
22. 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.
23. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Arlington County, Virginia. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
24. 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 Arlington County, Virginia. 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.
25. Severability & No Waiver
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.
26. Transfer
This Agreement cannot be transferred or assigned to any third party by either the Company or Client without written consent of all Parties.
27. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Copyright © 2024 Sensitive Coaching LLC - All Rights Reserved.
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