Terms and Conditions
This contract (the “Contract”) is between the “Client” and Vickie Perron of Clarity and Mindset Center (CMC) (the “Coach”). The Contract is effective at the purchase of a specific coach package from Clarity and Mindset Center and extends until the completion of package sessions and/or payment.
1. WORK AND PAYMENT.
1.1 Project. The Client is hiring the Coach to develop a coaching relationship between the Client and Coach in order to cultivate the Client’s personal, professional, or business goals and create a plan to achieve those goals through thoughtful and creative interactions with the ultimate result of maximizing the Client’s personal or professional potential.
1.2 Schedule. The Coach will begin work on a scheduled start date, agreed upon by both parties. or “continue until the work is completed”. This Contract can be ended by either Client or Coach at any time, pursuant to the terms of Section 4, Term and Termination.
The Coach and Client will meet on specific dates and times, agreed upon by both parties by ZOOM video conference.
1.3 Payment. The Client will pay per the package selected online.
If paying by debit card or credit card, the client gives The Clarity and Mindset Center (CMC) permission to automatically charge your credit or debit card for all fees and charges due and payable to CMC, without any additional authorization, for which you will receive an electronic receipt. You also agree that the CMC is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit or debit card transaction processing,).
If you enroll in a multiple payment package or program, your card will be charged each month on the same day of the month as originally signed on. If payment is not received by the date due, There will be a three (3) day grace period to make the payment, otherwise the coaching sessions can be terminated.
1.3a. Refunds: We provide a 15 -day money-back guarantee for multiple-session Coaching Packages. Within 15 days of your date of purchase. We will NOT provide refunds for any request for refunds that comes more than 15 days following the date of purchase. Please send a request for refund to Vickie@clarityandminset.com.
After day 15, all payments are non-refundable and you are responsible for full payment of the fees for the Package regardless of whether you complete the Package sessions.
1.4 Expenses. The Client will not reimburse the Coach’s expenses.
1.5 Invoices. The Coach will invoice the Client, as necessary, if a pre-payment online plan has not been implemented.
1.6 Support. The Coach may or may not be available (depending on the coaching package) by telephone, but will be available for email in between scheduled sessions, unless specified in a differently in a specified package.
2. DUTIES AND RESPONSIBILITIES OF THE CLIENT AND COACH.
A coaching relationship is a partnership between two or more individuals or entities, like a teacher-student or coach-athlete relationship. Both the Client and Coach must uphold their obligations for the relationship to be successful.
The Coach agrees to maintain the ethics and standards of behavior established by the Coaching Industry Standards. The focus of Life coaching is not to diagnose or treat any form of mental illness; clients are advised to seek proper mental health care for these types of concerns. Life coaching can cover many areas of personal and professional development, including career, well-being, transitions, education, recreation, health, transitions, decision-making, and more.
The Client acknowledges and agrees that coaching is a comprehensive process that may explore different areas of the Client’s life, including work, finances, health, and relationships.
The Client is responsible for implementing the insights and techniques discovered in the coaching session and is responsible for completing tasks and goals as determined in the coaching sessions.
3. REPRESENTATIONS.
3.1 Overview. This section contains important promises between the parties.
3.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this
Contract.
3.3 Coach Has Right To Give Client Work Product. The Coach promises that it owns the work product, that the Coach is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the coach uses employees or subcontractors, the Coach also promises that these employees and subcontractors have signed contracts with the Coach giving the Coach any rights that the employees or subcontractors have related to the Coach’s background IP and work product.
3.4 Coach Will Comply With Laws. The Coach promises that the manner in which she does this job, its work product, and any background IP it uses, comply with applicable U.S. and foreign laws and regulations.
3.5 Work Product Does Not Infringe. The Coach promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Coach has the right to let the Client use the background IP, and this Contract does not and will not violate any contract that the Coach has entered into or will enter into with someone else.
3.7 Client-Supplied Material Does Not Infringe. If the Client provides the Coach with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
4. TERM AND TERMINATION.
This Contract is ongoing until it expires or the work is completed. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 9.4. The Coach must immediately stop working as soon as it receives this notice unless the notice says otherwise.
If either party ends this Contract before the Contract automatically ends, the Client will pay the Contractor for the work done up until when the Contract ends. The following sections don’t end even after the Contract ends: 3 (Representations); 6 (Confidential Information); 7 (Limitation of Liability); 8 (Indemnity); and 9 (General).
5. INDEPENDENT CONTRACTOR.
The Client is hiring the Coach as an independent contractor. The following statements accurately reflect their relationship:
- The Coach will use its own equipment, tools, and material to do the work.
- The Client will not control how the job is performed on a day-to-day basis. Rather, the Coach is responsible for determining when, where, and how it will carry out the work.
- The Client will not provide the Coach with any training.
- The Client and the Coach do not have a partnership or employer-employee relationship.
- The Coach cannot enter into contracts, make promises, or act on behalf of the Client.
- The Coach is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).
- The Coach is responsible for its own taxes.
- The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Coach or any of the Coach’s employees or subcontractors.
6. CONFIDENTIAL INFORMATION.
6.1 Overview. This Contract imposes special restrictions on how the Client and the Coach must handle confidential information. These obligations are explained in this section.
6.2 The Client’s Confidential Information. While working for the Client, the Coach may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Coach promises to treat this information as if it is the Coach’s own confidential information. The Coach may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Coach use a customer list to send out a newsletter, the Coach cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Coach written permission to use the information for another purpose, the Coach may use the information for that purpose, as well. When this Contract ends, the Coach must give back or destroy all confidential information, and confirm that it has done so. The Coach promises that it will not share confidential information with a third party, unless the Client gives the Coach written permission first. The Coach must continue to follow these obligations, even after the Contract ends. The Coach’s responsibilities only stop if the Coach can show any of the following: (i) that the information was already public when the Coach came across it; (ii) the information became public after the Coach came across it, but not because of anything the Coach did or didn’t do; (iii) the Coach already knew the information when the Coach came across it and the Coach didn’t have any obligation to keep it secret; (iv) a third party provided the Coach with the information without requiring that the Coach keep it a secret; or (v) the Coach created the information on its own, without using anything belonging to the Client.
6.3 Third-Party Confidential Information. It’s possible the Client and the
Coach each have access to confidential information that belongs to third parties. The Client and the Coach each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Coach is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
7. LIMITATION OF LIABILITY.
Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
8. INDEMNITY.
8.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Coach or both. For example, if the Client gets sued for something that the Coach did, then the Coach may promise to come to the Client’s defense or to reimburse the Client for any losses.
8.2 Client Indemnity. In this Contract, the Coach agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Coach has done under this Contract; (ii) a breach by the Coach of its obligations under this Contract; or (iii) a breach by the Coach of the promises it is making in
Section 3 (Representations).
8.3 Coach Indemnity. In this Contract, the Client agrees to indemnify the Coach (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
9. GENERAL.
9.1 Assignment;. This Contract applies only to the Client and the Coach. Neither the Client nor the Coach can assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the other’s written permission.
9.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
9.3 Modification; Waiver. To change anything in this Contract, the Client and the Coach must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
9.4 Notices.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgment of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00 pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00 am on the next business day.
9.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.