This Coaching Agreement (“Agreement”) is entered into between:
Vanessa Wachtmeister (“Coach”) as the primary Coach and owner of Wander Onwards LLC (“Company”), providing coaching services, with a primary address of 925 Domingo Dr, San Gabriel CA 91775
homever the coaching package (“Client”) was bought by. Collectively, all parties or persons entering into this agreement will be referred to as the “Parties.” The purpose of this agreement is to detail the services to be provided by the Coach, as well as the responsibilities of the Client, as agreed to by the Parties below.
The Coach agrees to provide the Client with the following services on a weekly basis. (“Sessions” or “Services”):
· Five (5) 60-minute Zoom/Skype Calls
· A cloud-based note repository
· Cover Letter and Resume Template
The Sessions will include coaching services in the form of private one-on-one coaching calls. The Parties acknowledge and agree that during the term of this Agreement, the Services may be modified and/or expanded upon a written agreement executed by the Parties expressly referencing this Agreement.
The Client accepts and agrees to pay $1900 USD for purchase of the Services.
The Coach shall prepare and submit an invoice to the Client via Teachable LLC covering the total amount owed for fees for the Services as agreed upon in this Agreement. Payment methods accepted are: Debit and Credit Card.
Payment is due in full before the first session, unless otherwise specified. Client agrees to pay all costs, including debt collection agency fees and solicitor’s costs, that Coach may incur in taking steps to recover any money that Client owes to Coach, whether or not legal proceedings are issued for recovery of the monies. Interest of 10% may be charged for payments that are more than 14 days overdue to the Coach.
3. Cancellations & Refunds[MOU1]
The Coach understands that due to unforeseen circumstances, cancellations or requests to reschedule may need to be made. The Client may cancel and reschedule a session no later than 48 hours prior to the virtual without a financial penalty. Should Client request to reschedule and/or cancel a session less than 24 hours prior the scheduled session, the Client may forfeit up to 100% of payment for the missed virtual session at Coach’s sole discretion.
Failure to attend a virtual session without notice altogether will result in forfeiture of the entire session and no refund or reschedule attempt will be offered. It is within the sole discretion of the Coach to offer make-up sessions for any missed sessions.
If the Coach is unable to perform the duties under this Agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Coach, the Coach and the Client shall make every attempt to reschedule the Session(s).
This Agreement shall commence on the Effective Date and shall continue in full force and effect for 90 days (the “Term”) unless terminated earlier as provided in this Agreement. If the five sessions are not completed in full within the Term, the Client may forfeit up to 100% of payment and sessions for the missed virtual session at Coach’s sole discretion.
Either Party may terminate this Agreement at any time in the event of a breach by the other Party of a material covenant, commitment or obligation under this Agreement that remains uncured: (i) in the event of a monetary breach, 10 calendar days following written notice thereof; and (ii) in the event of a non-monetary breach after 30 days following written notice thereof. Such termination shall be effective immediately and automatically upon the expiration of the applicable notice period, without further notice or action by either Party. Termination shall be in addition to any other remedies that may be available to the non-breaching Party.
Should the Client elect to withdraw from this Agreement, the Client must notify the Coach immediately. Withdrawal from the Services may be communicated via email. Notice may be sent to the following contact information:
All consumed sessions are non-refundable and will be deducted from the total amount refunded to the Client. Upon cancellation of the Services, a $500 Cancellation fee will be issued if the cancellation is requested 10 days after the first initial consultation. Refunds are calculated based on the number of sessions consumed and each session is valued at $380 USD. Therefore:
· If 1 session had been completed, $1,020 USD will be refunded
· If 2 sessions have been completed, $640 USD will be refunded
· If 3 sessions have been completed, $260 USD will be refunded
If four or five sessions have been consumed, the Client is no longer eligible for a refund. Refunds will be made via the credit card or debit card used for the purchase.
The Services to be performed hereunder are Private Career Coaching. The Coach does not warrant in any form the results or achievements of the Services provided. The Coach warrants the Services will be performed in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. The Coach shall comply with all statutes, ordinances, regulations and laws of all international, federal, state, county, municipal or local governments applicable to performing the Services described herein.
While the Coach may reference certain methodologies, thought processes, and provide personal opinions and offer information relating to finance, accounting, taxes, and other similar industries, the Coach is not providing professional advice. If you have medical, legal, or financial questions, please consult with an appropriate licensed professional. The Coach expressly disclaims any and all responsibility for any actions or omissions you choose to make as a result of verbal or written statements made by the Coach.
8. No Guarantees.
Nothing in this Agreement and nothing in the Coach’s statements or emails to Client shall be construed as a promise or guarantee about the outcome of this Agreement. The Coach makes no such promises or guarantees. The Coach agrees to use her best efforts in assisting the Client.
9. Ownership of Work Product
The copyright for all products, courses, journals, instructions, or deliverables created hereunder for Client, or provided to Client, shall belong to the Coach. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of the Coach. This Agreement does not grant Client any license to any of the Coach’s products, which must be separately licensed.
The Parties acknowledge that by reason of their relationship to the other hereunder, each may disclose or provide access (the “Disclosing Party”) to the other Party (the “Receiving Party”) certain Confidential Information. “Confidential Information” shall mean (i) information concerning a Party’s products, business and operations including, but not limited to, information relating to business plans, products, product samples, costs, sources, strategies, inventions, procedures, literature, technical advice or knowledge, contractual agreements, pricing, price lists, product specifications, trade secrets, procedures, distribution methods, inventories, marketing strategies and interests, designs, drawings, work sheets, concepts, samples, inventions, manufacturing processes, computer programs and systems. All Confidential Information shall remain the property of the Disclosing Party. Further, the Coach will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.
Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold the other party and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising out of the Indemnifying Party’s (i) negligence or willful misconduct or (ii) its material breach of any of the terms of this Agreement. The Indemnifying Party’s liability under this Section shall be reduced proportionally to the extent that any act or omission of the other Party, or its employees or agents, contributed to such liability. The party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement of the Indemnifying Party, and shall cooperate with the Indemnifying Party, its insurance company and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claim in which there is a failure to give the Indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim.
12. Limitation of Liability
Except for the Parties’ Confidentiality obligations under Section 10 of this Agreement and Indemnification obligations under Section 11 of this Agreement, in no event shall either Party be liable under this Agreement to the other Party for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including but not limited to lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to good will or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Subject to the Client’s obligation to pay the Fees to the Coach, each Party’s entire aggregate liability for any claims relating to the Services or this Agreement shall not exceed the fees paid or payable by the Client to the Coach under this Agreement in the 12 month period immediately preceding the events giving rise to such liability. This section shall survive the termination of the Agreement.
13. Coach Expectations
The Coach expects the following from the Client: (i) An open mind, honesty, trust, clear communication and perseverance; (ii) Commitment from the Client to complete any initial and/or ongoing sessions as scheduled; and (iii) c. Commitment from the Client to complete tasks as agreed in the Sessions.
14. Client Expectations
The Client may expect the following from the Coach: (i) the Services performed by the Coach will be performed in a professional and workmanlike manner; (ii) the Coach will complete all ongoing sessions as scheduled.
15. Force Majeure.
Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within 5 business days of its occurrence.
16. Governing Law and Venue.
This Agreement will be governed by and interpreted in accordance with the laws of the State of California without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located Los Angeles, California. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.
17. Attorney’s Fees
If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other Party.
The Coach may subcontract its obligations and rights to a third-party.
If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.
All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon personal delivery or upon deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party at the address shown above, or at such other address or addresses as either party shall designate to the other.
22. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.