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Coaching Terms & Agreement

***The following agreement outlines the terms and conditions of the Business Bedrocks Group Coaching Program. The logistics about the program have been italicized and bolded for ease of reference.***

Coaching Client Agreement

Business Bedrocks Group Coaching Program

This Coaching Client Agreement (hereinafter "Agreement"), is made effective as of the date of purchase, by and between the following parties:

Laura Park Figueroa, hereinafter referred to as "Coach," and you (the purchaser), hereinafter referred to as "Client,"

RECITALS:

WHEREAS, Client is desirous of implementing coaching services into the Client's business, as discussed more fully below;

WHEREAS, Coach is skilled and capable in the areas Client needs and would like to coach Client;

NOW, therefore, in consideration of the promises and covenants contained herein, the receipt and sufficiency of which is acknowledged, the Parties do hereby agree as follows:

Article 1 - SCOPE:

This Agreement sets forth the terms and conditions whereby Coach agrees to provide professional coaching Services (as described below). Coach will be engaged for the limited purpose of providing these Services to the Client.

Article 2 - NO EMPLOYMENT:

Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.

Article 3 - COACHING TERMS:

A coaching relationship between two Parties is essentially a relationship whereby the Coach assists the Client in meeting the Client's potential within the areas the coaching relationship is meant to focus on.

Client hereby acknowledges and agrees:

a.) Client is solely and exclusively responsible for the choices that Client makes with regard to this coaching relationship, as well as the Coach's recommendations and input;

b.) Client is solely and exclusively responsible for Client's own mental health, physical health, business decisions, and any other actions or inaction Client chooses to take;

c.) Coach is not liable for any result or non-result or any consequences which may come about due to Client's relationship with Coach;

d.) Coaching is not a therapeutic relationship or a medical one. Coach may not provide therapy or medical services and Client is responsible for procuring these services at Client's own will and discretion if needed.

Article 4 - DESCRIPTION OF SERVICES:

The Client hereby engages the Coach, and the Coach accepts such engagement to provide the following coaching services for the Client (hereinafter, the "Services"):

Business Bedrocks Group Coaching Program, including video modules on Mindset, Operations, Finances, and Marketing, workbook resources and assignments, bi-weekly 90 minute Zoom calls, private Facebook group community.

Coach and Client will use the following methods of contact for meetings throughout the coaching relationship:

Business Bedrocks Group Coaching Program includes communication with Coach via Zoom calls and in private Facebook group.

In rare cases, Coach may agree in a separate, written document to expand the scope of Services to include additional tasks. Such written document may be informal, such as an email and will include additional fees, as applicable.

Article 5 - WARRANTIES:

Coach represents and warrants that Coach has the knowledge, skills, and experience necessary to provide the Services. Coach agrees that during the term of this Agreement, Coach will agree to provide the Services outlined in this Agreement as above.

Article 6 - NONEXCLUSIVITY:

Coach may be engaged or employed in any other coaching business, trade, profession, or other activity which does not place Coach in a conflict of interest with the Client.

Article 7 - AVAILABILITY & SCHEDULE:

Coach and Client agree to have coaching meetings on the following dates and times:

Refer to Business Bedrocks Group Coaching Program website at businessbedrocks.com for dates of Zoom calls for your specific cohort. 

The length of each group coaching meeting shall be 90 minutes. The Parties agree to the number of meetings outlined for the program at businessbedrocks.com at time of registration for the program.

Article 8 - HOLIDAYS:

Coach will be unavailable on all U.S. Federal Holidays.

Article 9 - FEES AND EXPENSES:

Client will be billed through Stripe auto-payments based on date of registration for the program though the Kajabi platform based on the current pricing for the program on businessbedrocks.com at time of registration.

Should Client enroll in the program on installment plan, yet not complete required payments, Client will lose access to the program content. Client will be emailed and called as notification of overdue payment. Overdue payments in excess of 60 days will be sent to collections. 

Article 10 - CANCELLATION & RESCHEDULE POLICY:

In the unlikely event that a Zoom conference call needs to be rescheduled due to Coach's illness or life circumstances, the call will be rescheduled at the same time and day on a different week during the program.

Client understands when Zoom conference calls are scheduled (as outlined at businessbedrocks.com) before registering for the program. It is Client's responsibility to attend calls or access recordings to gain benefit from these meetings.

Article 11 - REFUND POLICY:

Coaching services and program content must be completed in order for Client to gain benefit. Client is solely responsible for implementing coaching recommendations and program content. Should Client implement recommendations and complete all program content yet feel no value or learning was gained, Client can request a refund. If Client wishes to terminate this Agreement prior to its planned expiration (before end of program) and requests a refund, Client will be asked to 1.) demonstrate completion of learning activities in the Business Bedrocks Group Coaching Program and demonstrate implementation of strategies recommended by Coach and group members during the program, and 2.) make clear and specific suggestions on how the program and content may be improved in the future. A $200 cancellation fee will be retained by Coach to cover administrative costs related to processing the refund, with the remainder of fees refunded to Client.

Article 12 - RECORD RETENTION POLICY:

Coach and Client hereby acknowledge and agree that Coach will maintain communications, documents, information, and notes related to Client, in a manner most convenient for Coach, for 6 months from start of program.

Article 13 - TAXES:

Client and Coach shall each be solely responsible for all of their federal, state, and local taxes.

Article 14 - RESPONSE TIME:

Client agrees to respond to Coach no later than the following amount of time after being reached out to for communication: 3 business days.

In the event of an emergency or other similar conflict, Coach will give the Client as much notice as possible if there is the possibility of interruption to the Services, whether that interruption is temporary or long-term.

Article 15 - CONFIDENTIALITY:

The existence of this coaching relationship, as well as any information that Coach receives from Client, are to be fully and completely confidential under the terms of this Agreement. Client hereby acknowledges and agrees, however, that a Coach-Client relationship is not considered a legally confidential relationship and therefore communications between Coach and Client are not subject to any legal confidentiality requirement or privilege. Coach will not, however, disclose Client's name or any of Client's information without Client's consent, unless subject to a legal requirement, such as a court order, subpoena, or law enforcement inquiry. It will be the Client's responsibility to address any confidentiality issues with the Coach.

Confidential information under this Agreement shall specifically not include the following categories: (1) information that is generally known to the public or known to Client's specific industry, (2) information freely given by Client to any third-party; (3) information received by Coach from any source that is not Client; (4) information in Coach's possession prior to this contractual Agreement; (5) information developed independently by the Coach; (6) information which is received by the Coach from the Client but that may imminently harm the Client or another individual; or (7) information about any illegal activity.

Article 16 - TERMINATION:

This Agreement will automatically terminate after the agreed-upon amount of coaching meetings have been completed.

The Parties may also terminate this Agreement prior to its natural expiration under certain circumstances.

This Agreement may be immediately terminated in the event that there is a breach of the terms by either Party. For a material breach, the Parties are required to give notice, in writing, specifying what the breach was, but do not have to give advance notice to terminate the Agreement.

This agreement will also immediately terminate upon the death of the Coach or Client, the inability of the Coach to perform the Services because of a sudden and medically-documented physical or mental disability, the liquidation, dissolution or discontinuance of the business of the Client in any manner, or the filing of any petition by or against the Client or Coach under federal or state bankruptcy or insolvency laws.

This Agreement may also be terminated by either Party in writing for any reason. Notice shall be given at least the following amount of time before termination: 3 business days.

Upon termination, all fees and reimbursements shall be paid and provided to the Coach as they have accrued up to the date of termination.

Article 17 - INTELLECTUAL PROPERTY:

Coach and Client agree that all inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created or developed by each of the Parties, respectively, will be the sole and exclusive property of the Party to whom the information originally belonged. There shall be no transfer of intellectual property through this Agreement.

All copyrights, patents, trademarks, or other intellectual property shall stay with the original Party owner.

Article 18 - PORTFOLIO USE:

As described above, Coach shall be permitted to use all produced items of work in Coach's professional portfolio, if applicable, but may not use Client's name, likeness, or other identifying details without express written permission from the Client.

Article 19 - LIMITATION OF LIABILITY:

Coach's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Coach. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.

Article 20 - INDEMNIFICATION:

Coach and Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from bodily injury, death of any person, or damage, real or intangible, to personal property resulting from the other's acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.

Article 21 - SURVIVAL:

Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.

Article 22 - DISPUTE RESOLUTION:

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the Governing Law provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Coach will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

Article 23 - GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement or the Services provided hereunder: Alameda County.

Article 24 - BENEFIT:

This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto, and to their respective heirs, representatives, successors, and assigns.

Article 25 - NO WAIVER:

No action or inaction of either Party shall constitute waiver of any of the terms of this Agreement. Waiver may only be executed explicitly in writing.

Article 26 - COUNTERPARTS:

This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.

Article 27 - NOTICES:

All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other through personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.

Article 28 - FORCE MAJEURE:

Coach is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

Article 29 - HEADINGS:

Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.

Article 30 - ENTIRE AGREEMENT; MODIFICATION:

The agreement embodies the entire agreement between the Client and Coach relating to the subject matter hereof. This Agreement may be changed, modified, or discharged only if agreed to in writing by both parties.

IN WITNESS WHEREOF, the Parties execute this Agreement as follows:

Client:__[Purchased on Kajabi platform] 

Signature:__[Purchase of product serves as your signature on this agreement]_______

Coach: Laura Park Figueroa     Electronic Signature: Laura Park Figueroa