LinkedIn Coaching Service Agreement

​The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [One Hello Consulting] (“Company”, “we”, or “us”).  (collectively, the “Parties”).

1.0 Term and Termination: This Agreement takes effect immediately as of the Effective Date, and it remains in full force and effect for a minimum 3 months, or until the Parties agree to complete the services.

 2.0 Services: During the Term, the Coach will provide business coaching services, (the "Services") via Zoom, email, and online course material as jointly scheduled between the Parties. The Services will address using LinkedIn and will include directed questions from Coach and honest responses and participation from Client.  Coach may also be available for additional time, per Client’s request on an hourly basis rate of $497 (for example, reviewing documents, reading or writing reports, engaging in other Client-related services outside of coaching package hours).

3.0 Payment Details: The Client will pay Coach $1197 for the initial 3 1 hour meetings and 30 day follow-up 30-minute meeting.

Upon completion of the 3 months, coaching services will convert to a month-to-month basis, based on client request.

3.1. Refund Policy. Since we have a clear and explicit refund policy that you have agreed to prior to completing your purchase of coaching services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback. You agree that initiating a chargeback or threatening a chargeback is a breach of these payment terms and shall subject you to the Termination Policy below. The refund policy in effect for the term of this Agreement is as follows

Refunds are only available within the first week of scheduling and you must show work has been put in to make the changes and recommendations given during session. The refund will only be for the paid amount minus the credit card processing fee. (If you have any questions or problems, please let us know by contacting our support team directly at [email protected])

 

 

 

3.2. Payment Details. Payment shall be due in full before the start of the services via invoice, unless the Parties have agreed to a payment plan for Client’s convenience. Any sessions scheduled will be considered “used” and will not be rescheduled/credited if cancellation is less than 24 hours before the session appointment. You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Company 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 card transaction processing, merchant settlement, and related services). If all eligible payment methods we have on file for you are declined for payment, you must provide a new eligible payment method promptly or you will be subject to the Termination Policy below and required to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment, including a 5% late fee per week, or the highest statutory rate allowed in the pertinent jurisdiction. Invoices payable via Square or Paypal and will be collected either in one lump sum or through monthly/bimonthly automated payments as indicated upon purchase.

 

4.0 Client Obligations: The Coach’s ability to perform its obligations under this Agreement is dependent on the Client fulfilling his or her obligations.

4.1. Scheduling: If Client needs to cancel an appointment, please provide  24 hours notice or you will be charged for the appointment. Each client receives one free rescheduling if the session is rescheduled prior to the 24 hour window before the call.

4.2. Participation: Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy or medical advice and that the Coach cannot prevent, cure, or treat any mental disorder or medical disease or condition. The Client understands that successful coaching requires a cooperative and jointly-active approach between Client and Coach. In the coaching relationship, the Coach assists or facilitates awareness and accountability regarding the Client’s changes, but it is the Client's responsibility to enact change.

4.3. Communication. If the Client believes the coaching is not working as desired, the Client will communicate this with the coach as soon as possible and the coaching strategy will be restructured to address the Client’s desired outcome of coaching. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. 

4.4. Prior History. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.

5.0. DISCLAIMER: Coach is not an employee, agent, lawyer, doctor, manager, therapist, public relations, business manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands that Coach has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

6.0 LIABILITY:  EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COACH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE COACHING SERVICES NEGOTIATED, AGREED UPON AND RENDERED. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CLIENT MAY INCUR, THE COACH’S ENTIRE LIABILITY UNDER THIS AGREEMENT, AND THE CLIENT’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CLIENT TO THE COACH UNDER THIS AGREEMENT FOR THE PREVIOUS 3 MONTHS FOR ALL COACHING SERVICES RENDERED THROUGH AND INCLUDING THE TERMINATION DATE.

7.0. INDEMNIFICATION: CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COACH, COACH’S OFFICERS, EMPLOYERS, EMPLOYEES, CONTRACTORS, 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 SERVICES UNDER THIS AGREEMENT, EXCLUDING, HOWEVER, ANY SUCH EXPENSES AND LIABILITIES WHICH MAY RESULT FROM A BREACH OF THIS AGREEMENT OR SOLE NEGLIGENCE OR WILLFUL MISCONDUCT BY COACH. CLIENT SHALL DEFEND COACH IN ANY LEGAL ACTIONS, REGULATORY ACTIONS, OR THE LIKE ARISING FROM OR RELATED TO THIS AGREEMENT. CLIENT RECOGNIZES AND AGREES THAT ALL OF THE COACH’S SHAREHOLDERS, TRUSTEES, AFFILIATES AND SUCCESSORS SHALL NOT BE HELD PERSONALLY RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR REPRESENTATIONS OF THE COACH. IN CONSIDERATION OF AND AS PART OF MY PAYMENT FOR THE RIGHT TO PARTICIPATE IN COACH’S SERVICES OR PROGRAMS, THE UNDERSIGNED CLIENT AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE COACH AND ITS SUBSIDIARIES, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN A EQUITY ARISING FROM CLIENT’S PARTICIPATION IN THE COACHING SERVICES OR PROGRAM.

 

8.0 Confidential Information: The Client has the right to confidentiality within certain limits because the Coach-Client relationship is not considered a legally confidential relationship and is not privileged. Information revealed by Client during coaching sessions will be kept confidential and will not be revealed to any other party with the following exceptions: 

•  You sign a written release of information indicating your consent to such a release, such as a testimonial release, including your permission to be listed as a coaching client.
•  You express serious intent to harm yourself or someone else. 
•   General topics, issues or themes discussed in coaching sessions may be anonymously and hypothetically shared with others only in a way that does not specifically identify Client or Client’s business.
•  Sessions may be recorded and may be shared by Coach by either anonymizing the Client or with Client’s written permission

 

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

9.0. No Transfer of Intellectual Property: Any content or materials provided by Coach is copyrighted and are for Client’s individual use only as a single-user licensee. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied. By paying Coach, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Coach, (2) that any Confidential Information shared by the Coach is confidential and proprietary, and belongs solely and exclusively to the Coach, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Coach. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

10.0 Termination:  Coach may terminate this Agreement at any time and refund a pro-rata balance of the remaining coaching sessions, minus the value of any digital products. Client can terminate only for cause and shall give Coach written notice detailing the nature of Coach’s breach of this Agreement and possible remedies, whereupon Coach shall have a reasonable period of time (but in no event less than 14 days) to cure such fault. Termination by Client without providing the foregoing notice and cure period shall be considered “termination without Consultant’s fault,” and Client will be responsible for the remaining balance of any service package, due within 15 days of an invoice, regardless of how many sessions have been “used” and access to any resources, including any course or digital resources, will be removed. Coach may terminate this Agreement and limit, suspend, or terminate Client’s participation without refund if Client becomes disruptive to Coach or other participants, Client fails to follow guidelines, is difficult to work with, impairs the participation of any other participants or upon Client’s violation of these terms as determined by the Coach.

11.0. Entire Agreement: This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be assigned, amended, altered or supplemented except in writing signed by both the Coach and the Client.

12.0. Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the 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 shall be deemed to be written, construed, and enforced as so limited.

13.0. Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

14.0. Applicable Law: This Agreement shall be governed and construed in accordance with the laws of the State of Arizona without giving effect to any conflicts of laws provisions.

15.0. Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

16.0 Headings: Headings in this Agreement are for convenience only and do not confer rights or obligations, nor alter any terms of this Agreement.