1:1 Coaching Agreement
Kayleigh M Coaching
This agreement is between Kayleigh Martin (“Coach”) of Kayleigh M Coaching LLC and you (“Client”). We both legally agree to the following:
Coach will provide and Client will pay for Life Coaching services in accordance with the terms and conditions of this Agreement.
1.1 Client agrees that the Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
1.2 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. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
1.3 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. If Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
1.4 Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching. In no event shall Coach be liable to Client for any indirect, consequential or special damages. Coach’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Coach under this Agreement.
1.5 As Coach is an independent Contractor, Client will not be required to provide Coach with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.
2 Payment Responsibility & Refund Policy
2.1 Client shall pay Coach a monthly fee equal to $597 per month during the Term of this Agreement or a one time fee equal to $3600.
2.2 Coach acknowledges and agrees that payment as provided in this Section shall constitute full and final compensation for all Services and rights granted under this Agreement.
2.3 No refunds will be issued.
3 Business Hours
3.1 Client can send an email and Voxer messages at any time. Coach will respond within 24 hours during the weekday and will respond on Mondays if the message is sent over the weekend. A typical response time is within 3 hours of the sent message.
3.2 Coach’s typical availability hours are between 9am PST - 7pm PST for Voxer and Email support.
4 Scheduling & Cancellation Policy
4.1 Client will schedule all coaching sessions at mutually agreeable times via online platform.
4.2 Client acknowledges that unanticipated circumstances arise, and the timeline for delivering all sessions is not guaranteed. Coach reserves the right to reschedule any coaching session by notifying the Client 24 hours prior to the scheduled session, barring extenuating emergency circumstances.
4.3 In the event Client needs to cancel or reschedule any session, Client agrees to provide 24 hours’ notice of cancellation in advance of such session and reschedule the session.
4.4 In the event that re-scheduled sessions exceed the 6-month coaching container, Coach agrees to honor 3 sessions without additional payment. If there are more than 3 sessions, Client agrees to pay an additional per session fee of $100, unless there is an unexpected life event.
5.1 The coaching relationship and any information that the Client shares with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s written consent. Coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Coach will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain.
5.2 Client acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Coach and Client are not subject to the protection of any legally recognized privilege.
5.3 Coach may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.
5.4 In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Coach (“Coach’s Proprietary Information”). Client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
5.5 Client agrees that Coach may use the Client’s first name, logo, and/or image (but not contact information or personal information) in Coach’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the Client and the Coaching with verbal consent. Client releases Coach from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name, logo, and/or image as permitted in this section. Nothing in this section releases Coach from the confidentiality requirements of this Agreement.
6 Miscellaneous Items
6.1 Client, at Client’s expense, shall release, indemnify and hold Coach and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of any Work Product, unless due to negligence of the Coach.
6.2 Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
6.3 Severability. If any provision or portion of this Agreement is 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, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
6.4 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Washington without giving effect to its principles of conflicts of law.
6.5 Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
6.6 Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.
6.7 Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.
6.8 Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.
6.9 Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
6.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.