Coaching Agreement
This Agreement (the “Agreement”) is entered into on (Date) by and between Dawn Strom Coaching LLC (the “Coach” or “Company”) and for the purpose of Company providing Life and Business Coaching services to you in an effort to achieve your goals. The parties together are hereinafter known as the “Parties”.
In consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:
1. Agree to be Bound. By signing the Agreement and submitting payment, YOU acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement.
2. COMPENSATION. The client agrees to compensate Strombaum Coaching LLC and pay for Introductory Movement Coaching and Neuromuscular Therapy Services. If Client is paying with a payment plan, Client will pay a deposit upon enrollment and payments. Program choices are listed in Appendix A.
3. PAYMENT TERMS- Parties agree that the services to be rendered are in the nature of consulting, coaching, and education. Client has independently evaluated its ability to pay the Fee with Client’s independent consultants, in light of Client’s financial position and circumstances, and verifies that it is able to pay the Fee and will not be unduly burdened by payment of the Fee. Upon execution of this Agreement, the Client shall be responsible for the full extent of the Fee, regardless of whether the Client completes the full extent of services offered by the Company. The Company shall not be obligated to invoice the Client for payments. The Company will provide Client with payment receipts that will be sent via email to the email address of record.
The Client’s acceptance of this Agreement comprises Client’s authorization for all charges set forth in this Agreement on the dates set forth herein. You are responsible for payment of the entire fee amount, regardless of whether you attend all sessions, and regardless of whether you have selected a pay in full or monthly payment plan. By signing the Agreement you agree that, if, for any reason, you choose to cancel any part of the Services, you are obligated to pay or continue to pay whatever balance is due. To further clarify, no refunds will be issued, and all scheduled payments must be paid on a timely basis.
If extenuating circumstances come up where YOU cannot complete your program due to illness or injury, program extension or partial refund of unused services may be provided on a case by case basis at Company’s sole discretion. If something happens where Company cannot fulfill its commitment to Client, (like death or injury, or sickness) Company shall pause the membership and reschedule or refund unused services on a case by case basis.
4. CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit Card(s) or Bank Draft information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) or Bank Draft for any unpaid charges on the dates set forth herein. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith, including a reasonable attorney’s fee. Client shall not change any of the credit card information provided to Company without notifying Company in advance. Client hereby consents to Company’s retention of Credit Card or Bank Draft information for the purposes of Company's billing process.
5. NO RESALE OF SERVICES PERMITTED-Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This Agreement is not transferrable or assignable without the Company’s prior written consent.
6. NO TRANSFER OF INTELLECTUAL PROPERTY- Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and will constitute a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company, electronically or otherwise, without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
7. Modifications. From time to time Company may modify this Agreement, and such modifications shall be effective upon posting, by the Company on the Company web site or via email with the subject line specifically stating “amendment to existing agreement” or similar language denoting the Agreement has been modified.
8. TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be suspended from using any of Company’s services/programs and the current Program will be suspended until payment is resumed and Client becomes current on payments. Client is allowed to be suspended for only one month before forfeiting and being terminated from the Program. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee and Company has the right to pursue the Fee through its collection processes.
9. PROGRAM RULES- To the extent that Client interacts with Company staff and/or other Company clients, Client agrees at all times to behave professionally, courteously, and respectfully with staff and clients. They also agree to the following:
Session cancellations and/or rescheduling must be made with a minimum of 24 hours’ notice by emailing your practitioner. If no notice or late notice is received your session will be canceled and you will be charged for the session. Clients arriving or calling late will receive their remaining scheduled time. These guidelines are in place to honor the valuable time of both the coach and the Client.
10. Termination for Unprofessionalism. We are committed to providing you with a positive and productive experience. By signing below, you agree that the Company may limit, suspend, or terminate your right to participate in the Program without forgiveness of any remaining monthly payments if you behave unprofessionally or disrespectfully with staff or clients.
11. Confidentiality. As your Practitioner/ Coach we respect your privacy and must insist that you respect the privacy of others. You agree not to violate the publicity or privacy rights of any third party, including the Practitioner or Coach. Further, we respect your confidential and proprietary information, which is any information you specifically state is “Confidential.” Please see our Privacy Policyfor our policies on how we keep your information secure.
During the course of the individual and group coaching that the Client has enrolled in, group classes may be conducted via an internet video platform. Scheduled classes will be conducted live via a specified video platform and Client(s) will have opportunities for live interaction with the Instructor. Such live classes shall be recorded via the video platform and made available to other students via Company’s internet portal. Client acknowledges that by attending the live classes, they may be part of the recording. They will have the opportunity to choose whether their video is on or off and how they interact knowing that the recording will be used as an educational video available to future clients. Clients names will be blocked on the recording.
Individual Virtual Coaching Sessions will not be recorded by your coach unless you agree to it on a case by case basis with your Coach.
12. No Guarantees. Company has made every effort to accurately represent the benefits you will receive through your coaching. That being said, there are no guarantees regarding any result or benefit to be received. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client and/or Client’s participation. You fully agree that there are no guarantees as to the specific outcome or results you can expect from your services in person or from our online resources. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his or her background, personal health details, dedication, starting point, desire, and motivation.
13. Disclaimer. Company is a Coach or Movement Practitioner/Neuromuscular Therapist and not qualified to provide legal, tax, accounting, financial wealth management, medical, psychological or therapeutic advice. It is your responsibility to secure assistance from an appropriately qualified professional if such advice is needed.
14. NO SUBSTITUTE FOR MEDICAL TREATMENT. The client agrees to be mindful of his/her own well-being during the Program and seek medical treatment (including, but not limited to psychotherapy), if needed. The company does not provide medical, therapy, or psychotherapy services. The company is not responsible for any decisions made by the Client as a result of the coaching and/or any consequences thereof.
15. NON-DISPARAGEMENT- In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow. In the event of a dispute between the Parties, the parties agree that neither of them will engage in any conduct or communications, public or private, designed to disparage the other, including the use of social media and online evaluation sites. The client agrees that a violation of this provision shall incur a penalty to be determined by judicial process.
16. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or gross negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
17. Governing Law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by a member of the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Atlanta, GA. Georgia law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
18. Force Majeure. Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood, or other natural disasters, war, embargo, riot, or cyber-attack, provided that the delayed party immediately notifies the other party of such delay. The terms of this clause shall not exempt the Parties from their obligations hereunder, but merely suspend their duty to perform, until the force majeure condition ceases to exist.
19. No Partnership. Nothing in this Agreement is meant to suggest a partnership, joint venture, alliance, security interest, or employment relationship.
20. Waiver. The waiver or failure of Company to exercise any obligation under this Agreement shall not be deemed a waiver of any rights contained herein.
21. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
22. Entire Agreement. This Agreement is the entire agreement and understanding between the Parties and supersedes any prior agreement or understanding whether oral or written relating to this Agreement.
I HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS AND CONDITIONS OF THIS CLIENT USAGE AGREEMENT
In consideration of the mutual covenants and agreements contained herein, the Parties agree to the Coaching Program Details as follows:
Appendix A
Yearly Coaching Program- 12 months
one-time payment
$5700
Payment Plan- 12 Monthly payments
$475
You will receive:
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12/60 Min Coaching Sessions (1/mo)
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Voxer Chat Weekly Office Hours
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Map Your Movement and Brand Archetype Courses
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Coaching Content Delivered via the Simplero Mobile App for Content and Community
*BONUS*
Quarterly Group Embodied Planning and Strategy Sessions
Growthworks Software Account to Map Your Message and Method
***Yearly Coaching Program Bonus- 30-Min Mid-Year Bonus Review and Coaching Session
