COACHING SERVICE AGREEMENT
This Coaching Service Agreement (“Agreement”) is entered into between Dynamik Internet Marketing, Inc. (“Coach”) and (“Client”) regarding the provision of services described herein. Coach and Client shall be collectively referred to as the “Parties.” This Agreement is effective as of the date of Client’s signature hereto.
1. Scope of Engagement.
Services Provided. Coach will provide the following consulting services to Client for the 6 month to one-year duration of the Agreement:
1.1.1 3 1-1 one-hour coaching calls between Coach or team and Client (via Zoom);
1.1.2 Unlimited Facebook communications between Coach and Client. Coach retains discretion to limit volume of messaging so as to avoid disruption to other clients;
1.1.3 Twice weekly one-hour group coaching calls (via Zoom);
1.1.4 One bonus 1-1 coaching calls (1 hour each), to be scheduled upon Client’s request;
1.1.5 Attendance at bi-annual online mastermind events.
1.2 Client’s Obligations. Client agrees to be punctual, responsive and engaged on coaching calls. Coaching sessions will be terminated if Client is more than five minutes late and will not be rescheduled. Client shall remove distractions during sessions, including texting, emails, food, etc. 48 hours’ notice is required if Client needs to reschedule a coaching call. Missed coaching sessions will not be rescheduled.
1.3 Limitation of Scope. Coach does not provide counseling, psychotherapy, psychoanalysis, or any other form of mental health care. Coach does not provide legal, medical, tax, or financial advice. Client is ultimately responsible for implementing action steps discussed during coaching sessions.
1.4 No Guarantee. Coach offers no guarantee that Client will achieve any particular benchmarks, results, employment, relationships, or income.
1.5 Limitation of Liability. Coach shall not be liable to Client for any general, special, or consequential damages arising from or related to the scope of services under this Agreement. Should Coach be adjudicated liable to Client for any reason, such liability shall be limited to the amount paid by Client to Coach pursuant to this Agreement.
2. Duration of Agreement. To instill a sense of commitment with Client, this Agreement shall have a duration of 6 months to one year and shall not be cancellable by Client.
2.1 30-Day Probationary Period. To ensure the coaching program is a good fit for both Parties, the first 30 days of the program shall be probationary. Commencing on the date this Agreement is executed and for 30 days thereafter, Coach will evaluate the viability of this program for Client. If Coach determines, for any reason, that the coaching program is not viable for Client, Coach retains discretion to cancel this Agreement. If Coach terminates during the probationary period, any fees paid by Client will be refunded in full.
2.2 Refund Policy. To ensure Client’s commitment to the coaching program herein, no refunds will be issued. A refund will only be issued if Coach elects to terminate the Agreement pursuant to the Probationary Period, described in Section 2.1 herein.
2.3 Renewal Option. Upon the expiration of the 6 month to one-year term, Client shall have the option to renew the Agreement for an additional year. Renewal is not automatic and must be confirmed in writing in advance. If Client elects to renew, the Parties will confirm in writing, but this Agreement will otherwise control.
3. Payment. If Client pays in full, services shall be provided for a total cost of $x,xxx. If Client elects to pay over time, payment of $x,xxx will be charged on the first of each month, for a total of $x,xxx. Coach shall retain Client’s credit card information, and will run a charge in 30 day increments. As a condition precedent to providing coaching services, and so as to avoid declinations arising from cancelled or expired cards, Coach requires Client’s submission of two valid credit cards.
4. Confidentiality. All information and documents provided to Coach in furtherance of this Agreement shall remain confidential and will not be disclosed to any third party. Coach will comply with any lawfully issued subpoenas or court orders to testify or produce documents. Coach may share general information for training or consultation purposes, but Client’s identity, and information that may lead to discovery of Client’s identity, will always remain confidential.
5. Intellectual Property. The coaching concepts, materials and information provided by Coach to Client are the property of Coach, and contain copyrighted and/or proprietary material. Client agrees use Coach’s materials only for Client’s personal benefit, and not to use or reuse Coach’s materials for any financial gain or otherwise distribute, share, or remarket its materials to any third parties. Client may not reproduce or distribute the materials without the written permission of Coach. Client also may not use Coach’s trademark without the written permission of Coach.
6. Independent Contractor. Coach is being engaged as an independent contractor for the services described herein. This Agreement does not create an employment relationship between the Parties.
7. Entire Agreement. This writing embodies the sole and complete Agreement between the Parties with respect to the subject matter herein and incorporates all prior or contemporaneous discussions and understandings between the Parties. No modification, amendment, waiver, termination or discharge of any provision hereof shall be binding unless confirmed in a written instrument signed by all Parties.
8. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws the State of California without regard to its conflicts of laws provisions, and the place of execution and performance is San Diego County. Any litigation arising from this Agreement shall be venued in the North County Division of the San Diego Superior Court.
By electing to pay online under my own will, I agree to the terms set forth herein.