This Client Service Agreement (“Agreement”) is entered into and effective as of the official date of purchase by and between Client, and Jessie Kuehn ("Company"). In consideration of Client retaining Company to perform coaching services, it is agreed as follows:
1. Scope of Services
Client hereby retains Company to provide monthly coaching services by purchasing.
Client agrees to provide a minimum of 24 hours notice of cancellation for all scheduled sessions. No-shows or sessions cancelled with less than 24 hours notice of Client’s scheduled session will not be rescheduled or refunded. Client are expected to complete all of their sessions during the term for their package (as defined as 3 months from their first session). Company will include a 3 week grace period to use remaining calls if needed. Sessions not used in that time frame will be forfeited.
(a) Compensation: In consideration for the Services provided by Company to Client, Client agrees to pay Company a fee of $1500, when paid in full, for the 3-month coaching package or 3-payments of $550.
All payments shall be made via credit card.
(b) Tools to be Provided by Client: Client agrees to provide all information and documentation that may be required by Company to effectively perform said responsibilities in connection with the performance of Services.
(c) Additional Client Responsibilities:
1. Call on time at our scheduled time every week using the number provided. You'll have my full, undivided attention for each of our sessions.
2. Client agrees to actively participate in the coaching process by communicating openly and honestly during sessions and in any email correspondence between sessions. Client will not withhold any information that could hinder the coaching process.
3. Client also agrees to fill out the Welcome Questionnaire and send it via email at least 24 hours before the first session.
4. Though any additional materials such as assigned modules are optional, engaging in all aspects of the coaching partnership and coming to sessions prepared will only serve to benefit the Client.
5. If something comes up and you need to reschedule, you must do so at least 24 hours in advance of the scheduled appointment. If you pass the 24 hour mark, you'll forfeit that week's session and will begin again at the regularly scheduled time of our next appointment.
6. If at any point, there is something recommend or suggested that you feel uncomfortable with, or do not connect with, please express so immediately so we can investigate if it is due to resistance, intuition, or beliefs and work through it or adjust if necessary.
7. Take 100% full responsibility for getting the results you desire. I will show up 100% for you, and you must be willing to do the work, ask questions when you've got them and reach out for support when you need it.
The term of this agreement shall begin on date of purchase and continue until written notice of termination is provided by either party pursuant to Paragraph 5.
Client may cancel this Agreement; however, cancellation of this Agreement by Client will not extinguish Client’s obligation to pay the fee specified in Paragraph 3. Company may cancel this Agreement at any time for any reason by providing written notice to Client. In the event that Company cancels this Agreement, Company will provide a prorated refund of any fees collected for which services have not been rendered minus any approved, unpaid expenses incurred on Client’s behalf.
(a) During the term of this agreement, Company takes reasonable steps to maintain the confidentiality of Client’s information. However, there is an inherent risk in all forms of electronic communication, and communications between Client and Company may be unlawfully intercepted by third parties not under Company’s control. Company does not guarantee the security of any information transmitted via the Internet, telephone or text message. Any efforts Client undertakes to communicate with Company are done at Client’s own risk. Client may authorize Company to disclose Client’s information to a third party by doing so in writing reflecting the Client’s signature.
(b) Company may use case studies or testimonials from the Client in future work but will not make reference to Client’s full identity if the Client requests anonymity. Company will always contact Client for approval prior to any case study or testimonial they plan to use.
(c) Any and all Client information and data of a confidential nature (hereinafter referred to as “Client Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent. Client Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client Confidential Information. Upon request, Company hereto will promptly return or destroy all documents containing Client Confidential Information and delete all electronic records of or containing the same. Notwithstanding the foregoing, Company may disclose certain information provided by you during the term of this Agreement, or gleaned from your use of the Service, when necessary to prevent foreseeable imminent harm to you or another person or as otherwise required by law.
7. No Guarantees
Company will endeavor to share its best information and coaching instruction to the Client but cannot guarantee the outcome of the Services provided. Company’s comments about the outcome are expressions of opinion only and do not guarantee that a Client will produce a specific result or generate a specific skill. Company makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Client in accordance with the terms of this agreement. Client acknowledges that Company cannot guarantee any results for the Services as such outcomes are based on subjective factors that cannot be controlled by Company.
8. Medical Disclaimer
Client understands and agrees that Coach does not solve medical issues, diagnose illnesses, prescribe medication or treat disease and is therefore not a replacement for Client’s doctor, therapist, or physician. If Client is presently under any form of psychiatric care, psychological therapy or specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to the beginning of any session.
9. Ownership of Intellectual Property Rights
All material and information provided by the Company as part of the Service is proprietary and comprises intellectual property owned solely by Company. Company maintains exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Company (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Client does not have permission to use, reproduce, duplicate, sell, trade, distribute, exploit or create derivative works based on the Work.
10. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
11. Entire Agreement; Modification; Waiver
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12. Neutral Construction
This Agreement was prepared by Jessie Kuehn. It is expressly understood and agreed that this Agreement shall not be construed against Jessie Kuehn merely because it was prepared by him or her; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement, except to a wholly owned subsidiary corporation of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under this Agreement.
15. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
16. Limitation of Liability
(a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 15 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPH 6.
17. Jurisdiction of Disputes; Mediation
Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort or other legal theory, shall be heard and determined by a judge of the State of Montana, County of Missoula. The parties acknowledge that disputes brought before the Court may be referred to mediation prior to trial. Both parties agree to participate in mediation proceedings if recommended by the court.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed.
19. Governing Law; Venue
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon. The exclusive venue for any action, arbitration or other proceeding based on or arising out of this Agreement shall be Missoula County in the State of Montana.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.