This Agreement is made between Mari Lee, LLC (hereinafter referred to as “Company”) and You, the Coachee (hereinafter referred to as “You”, “Your”, and “Client”).
There are two sections to this agreement. Section 1 outlines the Coaching Partnership, Company’s Commitment, Disclaimer, and Client’s Responsibilities. Section 2 spells out the Coaching Plans + other Terms and Conditions.
Please read this information carefully. If you have questions, ask.
Coaching is a partnership (described as an alliance, not a legal business partnership) between the Company and you in a forward focused and creative process designed to facilitate the development and progression of your goals: business, personal, or both.
- The Company commits to providing Coaching services through Mari Lee (hereinafter referred as “Coach”). The Coach is acting for and on behalf of the Company.
- The Coach commits to providing professional Coaching that is: attentive, honest (and straightforward), insightful, inspiring, non-judgmental, respectful, and 100% confidential (to the extent allowed by law, and so long as the Coach does not fear for your or another’s safety). Please see more information about Confidentiality in the separate category further below.
- The Company is fiercely committed to helping you progress in the pursuit of your goals. Therefore, the Coach will challenge you, as needed; make requests (such as after-session homework); and hold you accountable throughout your online course or coaching plan.
- The Company welcomes emails from you if you want to share a success story, have a question, or issue.
The Coach is not, nor holds herself out to be an attorney, financial advisor, accountant, or a mental health or medical professional. All information provided or shared via the courses, programs, 1:1 or group coaching, website, guides, social media, or other means is for informational purposes only and is not intended to serve as nor should be construed as or be a substitute for professional advice. You are to seek independent guidance for all professional matters where appropriate.
The Coach is not responsible for decisions made or consequential actions taken, whether monetary, legal, or otherwise, as a result of the company’s courses, programs, products, coaching plans, or information provided in any form. The Coach is not responsible for any loss of opportunity missed because of the provision of services or otherwise.
There are no guarantees that you will achieve results or earn money as a result of the courses, programs, products, coaching plans, recommendations, strategies, or other information that is offered now or may be offered in the future.
- You understand and agree that you are fully responsible for your own decisions, choices, actions, and results, as well as your physical, mental and emotional well-being.
- You understand and agree that all content and information available to you via this website, online courses, coaching plans, free resources, blog articles, social media posts, and otherwise is for informational purposes only. You further understand the Coach is not an attorney, financial advisor, accountant, or mental health or health care professional and that you are to seek independent professional advice for those or any other professional matters.
- You agree to read the full Coaching Agreement, and you understand and agree that your purchase of a training course or program, coaching plan or other service by the Company indicates your understanding and agreement to all provisions therein.
- If you purchase a coaching plan, you agree to complete and submit the appropriate questionnaire no less than 48 hours prior to your designated coaching plan start date. You understand and agree that if your start date is under the 48-hour window and you have not submitted your questionnaire, the Company reserves the right to reschedule your first session. You further agree to show up for your sessions, to engage actively in productive and honest communication, and to be open to personal growth; as well as to complete after-session homework.
- You understand that the Company assumes no responsibility for errors or omissions.
- You understand that your use of the information, and any adjustments you may make to it or the recommendations, is at your own risk, and with no guarantee of the outcome. You further understand there are no guarantees that you will achieve results or earn any money.
- You understand that information will be held confidential unless you state otherwise, in writing, except as required by law. You understand that certain topics may be anonymously and hypothetically shared with other coaching professionals for training or consultation purposes.
- You agree that the Company is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services, materials, content, information, or recommendations.
The Company offers training courses, programs, products, and coaching plans. Prices and information are outlined on each of their corresponding page.
Coaching plans are held via Skype, Zoom, or phone.
* The Company strives to provide outstanding customer service, but due to the amount of email it receives it is the Company’s sole discretion as to whether a response is warranted. If it is deemed appropriate, a response will be sent as soon as possible within three (3) business days.
You represent and warrant that if you are purchasing something from us, (1) any payment information you supply is true and complete, (2) charges incurred by you will be honored by your bank or credit card company, (3) you will pay the charges incurred by you at the posted prices, including any applicable taxes, (4) you will pay the fees related to cancellations or no-shows if such are charged, (5) if you use a multiple-payment plan to make payments to the Company, Company shall be authorized to make all charges on the date they are due each month until the cost of the course, program or coaching plan is paid in full without requiring separate authorization, and (6) if your payment method for your coaching plan or cancellation/no-shows fees is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Courses have a 7 day partial money back guarantee. As to private coaching plans, all sales are final and no refunds will be given.
COACHING PLANS: SCHEDULING & SESSION PROTOCOL
- You are responsible for scheduling the date and time for Coaching Plans using the Company’s online calendar.
- The Coach will initiate all sessions using the phone number or Skype ID indicated on the questionnaire. If you will be at any other number, please let the Company know. If the parties agree to meet via Zoom, the Coach will provide a link to the client prior to the session. If there is an unforeseen issue with Skype or Zoom, or there is an unforeseen issue out of the Coach’s control, the session will be held by phone.
- A reminder will be sent to the client 48 hours prior to each session.
COACHING PLANS: LATE / CANCELLATION & RESCHEDULING / NO-SHOW POLICY
The Company truly appreciates your business and understands that life happens, which could disrupt your schedule. It is asked that you respect the Company’s scheduling policies, as you will be respected during your appointment.
- If you are late for your appointment, that time will not be made up.
Cancellation & Rescheduling
Each client receives one free rescheduling if the session is rescheduled prior to the 48-hour window before the call. To reschedule, simply send an email. Once you’ve used your one-time complimentary reschedule, you may be charged a $20 fee* each time you do it thereafter.
If you cancel with less than 48-hour notice, you may be charged a $25 fee* for your first cancelled appointment barring an emergency. If you continue to cancel and reschedule with less than 48-hour notice, you are subject to being charged a $50 fee* per cancellation.
- If you are a no-show, you will be charged a $25 fee* for each time you are a no-show.
*The fee is warranted because the appointment is set aside specifically for you. So, the Company not only loses your business but also the potential business of other clients who could have scheduled at your time. If the fee is charged, it will be charged to the card you used to pay for your service within 72 hours of your cancelled or missed session.
If the Coach needs to cancel or reschedule, a minimum notice of 48 hours will be provided, barring an emergency that could potentially cause less notice.
When you schedule your session(s) with me, you are agreeing to these policies.
The Company respects your privacy and insists that you respect the Company’s. Thus, consider this a mutual non-disclosure agreement.
This coaching partnership, as well as all information (documented or verbal) that you share with the Company and/or Coach as part of this partnership, is bound to confidentiality but is not considered a legally confidential relationship (like in Medicine or Law). The Company and Coach agree not to disclose any information pertaining to you without your written consent. The Company and Coach will not disclose your name as a reference without your consent. Confidential information does not include information that: (1) was in the Company’s possession prior to its being furnished by you; (2) is generally known to the public or in your industry; (3) is obtained by the Company/Coach from a third party, without breach of any obligation to you; (4) is independently developed by the Company without use of or reference to your confidential information; or (5) that the Company and/or Coach is required by law or ethical reasons to disclose.
Note: As you are no doubt aware, it is impossible to protect the confidentiality of information that is transmitted electronically. This is particularly true of e-mail and information stored on computers that are connected to the internet, which do not utilize encryption and other forms of security protection.
You are free to tell anyone you choose that you are getting benefit from having a Professional Coach. However, you agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, on members’ section on the website, social media, or otherwise. Furthermore, you will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with you including but not limited to; names, email addresses, third-party company titles or positions, phone numbers, or addresses.
You will be added to an “Active Clients” mailing list hosted by Aweber. This list is used for the sole purpose of informing clients about changes to the Company’s business hours, Company and/or Coach milestones, as well as resources, recommendations, new program offerings, and other potential news or information the Company may deem fit. Once the coaching partnership has concluded, you will be moved to “Former Client” status, which you may continue to receive up to 1 – 2 notifications per month from the Company. At any point, you may unsubscribe from these mailings using the unsubscribe link found at the bottom of each email.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s courses, programs, and coaching plan services are copyrighted and original materials that have been provided to you are for your individual use only and a single-user license. You are not authorized to use any of Company’s intellectual property for your business purposes. All intellectual property, including Company’s copyrighted courses, products, programs, methods, and all course, product and program materials, as well as all other materials (i.e. – free resources, etc.) shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this coaching plan or product, you agree (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) You agree not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product or coaching plan, you agree that if you violate, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. The ownership, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement shall survive the termination of this Agreement for any reason.
LIMITATION OF LIABILITY & RELEASE OF CLAIMS
Services are provided by the Company through the Coach.
The Company makes no guarantees or warranties, express or implied and may not be held responsible in any way for the information that you request or receive through their service. By signing this Agreement, you fully and completely hold harmless, indemnify and release the Company and any coaches, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against me or us, arising from your participation in or in any way related to our courses, programs, products, or Coaching Plans, even if we were aware in advance of the possibility of any such claim.
Other Important Terms
Either you or the Company may terminate this agreement at any time with seven (7) days written notice via email. If you terminatethe Agreement, you remain financially responsible for the full cost of the Program and must immediately make any payments that are due. No refunds will be provided. All the terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms, will still apply even after termination. In the event of any circumstances beyond control of the Company such as, community disaster, a fire, or situation in which the continued provision of services under this agreement would substantially interfere with its duty of service to its clientele, the Company reserves the right to suspend performing its obligations under this agreement immediately and until such time as the Company determines that the circumstances are again suitably available and safe. In such event and providing circumstances permit, the Company shall give notice not less than twenty-four (24) hours.
MODIFICATION OF AGREEMENT
Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if evidenced in a writing signed by each Party.
Neither this Agreement nor any other rights or obligations under this Agreement shall be assigned or otherwise transferred.
The Company, through the Coach, and you will do their best to work out any differences through a phone conversation or via email. However, should a dispute ever arise, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly. Prior to seeking arbitration, you must submit your complaint to the Company with full details about your dissatisfaction via e-mail. You understand that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding, and may be entered into any court having the appropriate jurisdiction. By signing this Agreement, you agree to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted in an e-mail or shall otherwise be forfeited forever. Arbitration will be held in the State and County where the Company is located, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between you and the Company, you agree not to engage in any conduct or communications, public or private, designed to disparage the Company. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
This contract shall be governed by and interpreted in accordance with the Laws of the State in which the Company is located without regard to conflict of law provisions. Any arbitration or legal suits arising out of or related to this Agreement shall be filed in the State and County where the Company is located.
The information outlined constitutes the entire legal agreement between the Company and You and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
ACCEPTANCE OF TERMS
The Company acknowledges its understanding, agreement, and acceptance of this Agreement. By purchasing a course, program, product or coaching plan, you acknowledge you have read, understood, accepted, and agreed to the full Coaching Agreement, and that you are entering into this legally binding Agreement with the Company, subject to the guidelines, provisions, terms, and conditions as outlined. For Coaching Plans, your service will not begin until the questionnaire with signed acknowledgment has been received. But the Agreement will immediately be in effect upon purchase.