In consideration of the promises contained within this Agreement, and intending to be legally bound, Client agrees to retain Company to perform business coaching services, it is agreed as follows:
In consideration of the promises contained within this Agreement, and intending to be legally bound, Client agrees to retain Company to perform business strategy coaching services, it is agreed as follows:
1. SCOPE OF SERVICES (the “Services”)
Client desires to hire Company to provide business strategy coaching services by purchasing the “Financially Fierce In 180 Days” coaching program as defined below:
- “Financially Fierce In 180 Days” includes the following services:
- months access to the following:
- Financially Fierce In 180 Days
- Financially Fierce In 180 Days private community
(iv) Weekly group coaching calls with a business coach
- Additional services, beyond those described above, will require additional fees to be discussed and agreed upon by the parties.
2. CLIENT DUTIES
- Compensation: In consideration for the services provided by Company to Client as set forth in paragraph 1 above, Client agrees to pay Company service fees as detailed below:
$15,000 fee to be paid in full for the 6-month program: Financially Fierce In 180 Days
- Tools to be Provided by Client: Client agrees to provide all tools, information and
documentation that may be required by Company to effectively perform said responsibilities in connection with the performance of services.
- Additional Client Duties: Client is expected to complete the following duties: BE FULLY PRESENT DURING COACHING SESSIONS, WORK WITH COMPANY TO PRIORITIZE COACHING NEEDS, PAY ALL FEES OUTLINED IN SECTION 2 OF THIS AGREEMENT, ATTEND ALL SCHEDULED CALLS ON TIME EACH WEEK, PROVIDE FEEDBACK ON DELIVERABLES, ETC.)
- The term of this Agreement shall be for a duration of six (6) months from date of purchase.
Client may cancel this Agreement for any reason by providing a minimum of 30 days written notice to Company. Cancellation of this Agreement by Client will not extinguish Client’s financial obligation to the program. In the event Client cancels this Agreement, Client will also remain obligated to pay all pre-approved expenses incurred by Company on Client’s behalf through the last day of performance or the 30th day after notice is provided, whichever comes later. Company may cancel this Agreement at any time for any reason by providing written notice to Client. In the event that Company cancels this Agreement, Company will provide a prorated refund of any overages of monthly fees paid minus any approved, unpaid expenses incurred on Client’s behalf.
5. NO GUARANTEES
Company cannot guarantee the outcome of business growth, wealth, financial success, debt cancellation or improved lifestyle. The services and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services
described in Paragraph 1(a) shall be provided to Client in accordance with the terms of this agreement. Client acknowledges that Company cannot guarantee any results for financial success in any capacity as such outcomes are based on subjective factors that cannot be controlled by Company.
6. REFUND POLICY
Due to the nature of our services being digital and of a coaching nature, we cannot provide refunds.
- Client Information: Company commits to keeping our clients’ information confidential. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information. Upon request, Company hereto will promptly return or destroy all documents containing Confidential Information and delete all electronic records of or containing the same.
- Public Disclosure: Neither party may disclose the terms of this Agreement. Neither party shall make any formal or informal public statement, press release or other announcement regarding the existence or terms of this Agreement without the other party’s prior written
- Non-Disparagement: Member shall, during and after the participation in and use of the Company’s services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with
- Third Party Disclosure: With respect to group coaching and group sessions we make reasonable efforts to ensure all participants commit to our confidentiality policies; however, cannot guarantee the third-party compliance.
8. INDEPENDENT CONTRACTOR
- Independent Contractor Relationship: The Parties agree that Company is independent contractor under this Agreement and Company shall not be rendered an employee, partner, agent of or joint venture with the Client for any purpose. Company shall continue to provide similar Services for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement.
- Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation.
- Company’s Warranties: Company represents, warrants and covenants that Company has full authority to enter into this Agreement and that all of the services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
- Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into this Agreement.
- EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR
10. LIMITATION OF LIABILITY
- IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
- IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
11. EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
12. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
13. NEUTRAL CONSTRUCTION
This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement, except to a wholly owned subsidiary
entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under this Agreement.
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:
To Company at: 19710 Governors Hwy. Ste. 8, Flossmoor, IL 60422
To Client at: Client provided address
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
17. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be governed by the laws of the State of Illinois, without regard to conflicts of law principles. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Company agree to attempt to mediate in good faith for up to thirty (30) days after notice is given. If the dispute is not resolved between the Client and COMPANY, the two parties agree to resolve this dispute in the district courts of the relevant courts located in any state or federal court located in Cook County, Illinois.
19. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year first above written.
22. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and no statement, representation, warranty or covenant has been made by either party, except as expressly set forth herein. The parties hereto are independent contractors.
I agree to the terms and conditions of this agreement.