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Coaching Agreement 6 SESSIONS

Erna Stassen Consulting Ltd
TERMS of AGREEMENT

Parties

This AGREEMENT is between Erna Stassen Consulting Ltd. (the “COMPANY”) and you, (the “CLIENT”), collectively referred to as the “PARTIES”.

This agreement is intended to govern and control your purchase of a Personal Coaching Program (the “SERVICE”) from the COMPANY.

Accepting these terms

You are entering into a legally binding AGREEMENT with the COMPANY, a British Columbia, Canada, Limited Company, according to the following terms and conditions, when you do any of the following:

  • Click “I Agree”
  • Email your statement of AGREEMENT
  • Enter your credit card information
  • Sign this AGREEMENT on this page, or reverse
  • Enroll electronically in the SERVICE
  • Enroll verbally, or otherwise, in the SERVICE

With this acceptance, the Parties agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.

Company’s Services

This AGREEMENT is executed and effective, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise). The COMPANY agrees to provide the work related to the SERVICE.

  • Life Coaching: 6 private, one-on-one sessions with the COMPANY’s coach
  • This coaching program is about self-improvement of the CLIENT’s present life and reaching new levels of potential. The coaching is focused on what the CLIENT can do now and in the future to experience more Health and Happiness in life.
  • The duration of each session is 60 minutes
  • The service is delivered over the phone or online, unless both parties agree to an alternative delivery.
  • The CLIENT receives an email summary after each session from the coach
  • The CLIENT will receive Worksheets with tools to help implement new strategies
  • The coach will collect personal data such as your name and contact information
  • The CLIENT will be asked to fill out a Questionnaire to help the coach provide the best service during CLIENT's appointments.
  • The coach may take notes during the appointment. These notes are kept in a locked filing cabinet and the CLIENT may ask for a copy at any time. The CLIENT will receive an email with a detailed recap of each session based on these notes
  • If so requested, when available, a recording of the session can be provided as well.

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT.

Parties agree that the SERVICE is in the nature of Personal Development, training and education. The scope of work provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’S website, or as part of the SERVICE. COMPANY reserves the right to substitute work equal to or comparable to the SERVICE for the CLIENT if the need arises, without prior notice.

If COMPANY needs to outsource work related to the SERVICE, and or provide substitute individuals for work related to the SERVICE, the COMPANY will notify the CLIENT about the change or modification.

Cancellations

CLIENT agrees to COMPANY’S cancellation policy as follows:

  • CLIENT will provide at least 24 hour notice to cancel a booked appointment
  • Last minute cancellations or ‘no-shows’ will be counted towards the 12 sessions and CLIENT will be billed for it
  • CLIENT will notify the COMPANY by phone or email of the cancellation and re-book the appointment

Confidentiality

The term “Confidential Information” means information which is not generally known to the public relating to the Client’s business or personal affairs.

COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.

COMPANY shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’S Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the CLIENT due to its enrollment in the PROGRAM.


No transfer of intellectual property

In the event that the COMPANY provides access to its copyrighted and original materials to the CLIENT as part of the SERVICE, and outside the scope of the work-for-hire, the COMPANY grants the CLIENT INDIVIDUAL USE ONLY permission to any and all of the copyrighted and original materials.

As part of the SERVICE, CLIENT is not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.

COMPANY agrees and allows CLIENT to make one (1) printed physical copy of the provided materials for CLIENT’S personal use.

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.

SERVICE RULES

To the extent that CLIENT interacts with COMPANY staff and or other COMPANY Clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times.

CLIENT agrees that failing to follow the terms of this AGREEMENT, and or any additional instructions provided by COMPANY in relation to the SERVICE, is cause for termination of this AGREEMENT.

In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE


Disparagement

In the event that a dispute arises between the Parties or a grievance by CLIENT, the Parties agree and accept that the only venue for resolving such a dispute is the venue identified below. Parties further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.


Termination

If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of COMPANY’S services.

COMPANY is allowed to immediately collect the full FEE from CLIENT and stop providing further services to CLIENT.

Payment

CLIENT agrees to pay COMPANY for the SERVICE according to the payment schedule (the “FEE”)

  • As outlined on COMPANY’S web site,
  • Via email,
  • According to the payment schedule and or the payment plan selected by CLIENT, or
  • As per verbal agreement

Refunds

Upon execution of this agreement, client is responsible for the full fee. If client decides to cancel, not participate, or has a change of mind, the company will provide a refund according to the following details:

  • Results are up to the CLIENT. the COMPANY’s coach can only deliver satisfaction with the service.
  • When the CLIENT is not satisfied with the first session, a full refund will be given
  • The CLIENT can stop the service at any time and will no longer be billed for the remainder of the sessions
  • There will be NO reimbursement for previous sessions
  • Requests to stop the coaching sessions will have to be done via email, at least 48 hours prior to the next booked appointment.


Charge-backs & Payment Security

To the extent that CLIENT provides COMPANY with credit card(s) information for payment of FEE on CLIENT’S account, COMPANY is authorized to charge CLIENT’S credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.

CLIENT shall not make any charge-backs 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 and collection fees associated with the charge-back. CLIENT shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.

Controlling AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.

Entire AGREEMENT

This AGREEMENT is the entire AGREEMENT between the parties relating to the subject matter and supersedes all prior and contemporaneous AGREEMENTS, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a written instrument executed by both Parties.


Limitation of liability

By purchasing the SERVICE, CLIENT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from CLIENT’S participation in the SERVICE.

The SERVICE provides coaching, personal development, training, tools and implementing tools. CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from this line of work.

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to CLIENT or to any third party is limited to the lessor of:

(a) The total amount of money CLIENT paid to COMPANY in the one month prior to the action giving rise to the liability, or
(b) 60-70% of the purchase price

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever.

CLIENT agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse or enrollment in the Program.

CLIENT agrees that use of the SERVICE is at CLIENT’s own risk.

Indemnification

COMPANY recognizes and agrees that all of the its shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.

CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, its shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the SERVICE.

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, its shareholders, trustees, affiliates, or successors are excluded from indemnification.

Disclaimer of Guarantee

CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS  FULLY RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE SERVICE.

CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS A VITAL ELEMENT TO THE SUCCESS ACHIEVED FROM THE SERVICE AND THAT COMPANY CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED.

COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the SERVICE will meet CLIENT’s requirements or that all CLIENTS will achieve the same results.

Choice of Law

This AGREEMENT is governed and interpreted in accordance with the laws of British Columbia, Canada without giving effect to any principles of conflicts of law.

The Parties agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the Province of British Columbia according to the rules of the Canadian Arbitration Association. The arbitration is binding upon the Parties and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

Survivability

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE owed set forth in this AGREEMENT, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this AGREEMENT for any reason.

Severability

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.

 


SIGNATURES

Erna Stassen
Signing on behalf of Erna Stassen Consulting Ltd.

 

Date Signed:_______________________________

Client’s name

_________________________________________

 

_________________________________________

Date Signed:______________________________