The time of consultation meetings will be determined by Coach and Client based on a mutually agreed upon time. The Coach will initiate all scheduled calls with the Client for all scheduled meetings. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
Coaching sessions last for 60 minutes.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound to confidentiality, but is not considered a legally confidential relationship (like in Medicine or Law).
The Coach will not disclose the Client’s full name as a reference without the Client’s consent.
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
(e) that the Coach is required by law to disclose.
Client agrees that it is the Client's responsibility to notify the Coach more than 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting if it is canceled with less than 24 hours notice. Coach will attempt in good faith to reschedule the missed meeting.
If Coach needs to reschedule a session due to an emergency, it is the Coach’s responsibility to notify the Client 48 hours in advance of the scheduled calls/meetings. Coach and client will agree on a rescheduled meeting time.
Except as expressly provided in this agreement, the Coach makes no guarantees or warranties, express or implied. In no event will the Coach be liable to the Client for 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, will be limited to the amount paid by the Client to the Coach under this agreement for all services rendered up until the termination date.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
If a dispute arises out of this agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party. Disputes will be litigated within the state of California.
NO RESALE OF SERVICES PERMITTED:
NO TRANSFER OF INTELLECTUAL PROPERTY:
LIMITATION OF LIABILITY:
If a dispute arises under this Agreement, any party may take the matter to CA state court, jurisdiction of Marin County where the Company resides.
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Marin County, CA. Any costs and fees other than each parties’ attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed- upon arbitrator in Marin County, CA. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
DISCLAIMER OF GUARANTEE: