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Resumé/LinkedIn Review Pro, Terms and Conditions
Resumé/LinkedIn Review Pro consists of a Career Coach giving advice on resumé/LinkedIn changes to Client.
SECTION 1. DESCRIPTION OF COACHING. Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
SECTION 2. COACH-CLIENT RELATIONSHIP.
(a) Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions 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.
(c) Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
(d) 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. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
(e) 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, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
(f) The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
SECTION 3. SCOPE OF SERVICES. The parties agree to engage in a Coaching Program through virtual meetings. Coach will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per Client’s request for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours. The time to render these services shall be applied to the max 2-hours available. Coach agrees to provide Coaching Services for Client focusing on giving advice to Client on making changes to their resumé or LinkedIn profile.
SECTION 4. FEES, EXPENSES, SCHEDULE, AND PAYMENT.
a. Fee. Client agrees to pay a non-refundable fee for the total sum of Two Hundred Ninety Nine Dollars ($299.00), or agreed upon fee, due in full upon sign-up for service. The parties acknowledge and agree that the Fee shall be non-refundable.
b. Schedule. The calls/meetings shall be 30, 60, or 90 minutes in length.
SECTION 5. PROCEDURE. The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach via a scheduled virtual call. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
SECTION 6. MEETING CANCELATION POLICY. Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
SECTION 7. CONFIDENTIALITY: Please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s 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; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
SECTION 8. NON-DISCRIMINATION: AG does not discriminate in coaching against any Client on the basis of age, race, color, religion, disability, sex, gender, sexual orientation, national origin, or veteran status.
SECTION 9. COST OF ENFORCING AGREEMENT: In the event AG files or initiates any litigation, arbitration, or other proceeding or process to enforce its rights under this Agreement, including, but not limited to, the collection of the Coaching Fee and/or reimbursement for any costs or expenses incurred under this Agreement, AG shall be entitled to all costs and expenses incurred in connection with resolving the dispute, including, but not limited to, legal, recovery and administrative expense and attorneys’ fees paid or incurred by AG in endeavoring to collect any and all sums due, whether or not any court proceeding is commenced.
SECTION 10. RECORD RETENTION POLICY: The Client acknowledges that the Coach has disclosed his/her confidentiality policy (Section 8) with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 1 year.
SECTION 11. DISCLAIMER Of WARRANTIES. AG MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. FURTHERMORE, AG DOES NOT GUARANTEE THE PERFORMANCE OF ANY CLIENT AFTER COACHING SERVICES, OR THE ACCURACY OF INFORMATION PROVIDED, AND DISCLAIMS ANY RESPONSIBILITY FOR CLAIM, LOSS, OR LIABILITY AS A RESULT OF A CLIENT’S ACTS OR OMISSIONS.
SECTION 12. LIMITATION OF LIABILITY: IN NO EVENT WILL AG BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT. IN RECOGNITION OF THE RELATIVE RISKS, REWARDS, AND BENEFITS OF THE SERVICES TO BOTH CLIENT AND AG, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CLIENT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, IN NO EVENT SHALL AG’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT FOR THE APPLICABLE SERVICES.
SECTION 13. INDEMNIFICATION: Client agrees, to the fullest extent permitted by law, to indemnify and hold AG, its employees, managers, officers, members, agents, and sub-consultants, free, safe, and harmless from and against any and all damages, claims, liabilities, expenses and costs, including but not limited to, attorneys’ fees and defense costs, arising out of or in any way connected with the performance of the Services under this Agreement, and/or arising out of or relating to any third party claim occurring in connection with Client’s violation of any law or regulation, negligence, willful misconduct or breach of this Agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence or willful misconduct AG.
SECTION 14. TERMINATION AND SURVIVAL OF CERTAIN PROVISIONS: This Agreement may be terminated by either party upon seven (7) days’ written notice to the other party. However, Client shall remain liable to AG for all fees and expenses due under this Agreement for services rendered in accordance with Section 4 hereinabove. All other provisions of this Agreement that by their terms extend beyond the termination of this Agreement shall survive such termination and remain in full force and effect, including, but not limited to, Section 4.
SECTION 15. MISCELLANEOUS:
(a) This Agreement shall be construed in accordance with and be governed by the laws of the State of California, without giving effect to the conflict of laws provisions thereof to the extent such principle or rules would require or permit the application of the laws of any other jurisdiction.
(b) If any provision of this Agreement shall be held void, voidable, invalid, or inoperative no other provision of this Agreement shall be affected as a result thereof and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid, or inoperative provision had not been contained herein.
(c) Nothing herein contained shall constitute a partnership or a joint venture between parties hereto. Neither party hereto shall hold itself, himself or herself out contrary to the terms of this Section 13(c). Neither party shall become liable for any representation, act, or omission of the other contrary to the provisions hereof.
(d) This Agreement shall not be deemed to give any right or remedy to any third party whatsoever, unless said right or remedy is specifically granted by AG in writing to such third party. Except as otherwise provided in this Agreement, all rights and remedies herein or otherwise shall be cumulative and none of them shall be in limitation of any other right or remedy.
(e) The section and paragraph headings in this document are for convenience only, are not part of this Agreement and shall not be used in interpreting or construing this Agreement.
(f) No waiver of any term or provision of this Agreement or of any default hereunder shall affect the waiving party’s respective rights thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether or not similar.
(g) This Agreement and the Scope of Services sets forth the entire understanding of the parties hereto relating to the subject matter hereof. No modification, amendment, waiver, termination or discharge of this Agreement or of any of the terms or provisions hereof shall be binding upon either party hereto unless confirmed by a written instrument signed by both parties. Each of the persons agreeing on behalf of Client, if applicable, and AG, hereby represents and warrants that he, she, or they is agreeing with full and complete authority to bind the party on whose behalf of whom he, she, or they is agreeing, to each and every term of this Agreement. This Agreement may be executed via counterparts and electronically via fax and/or facsimile signature (i.e., scanned PDFs), each of which shall be deemed an original, but all of which shall constitute one document, which can be used for any and all purposes, including the interpretation and enforcement of this Agreement.
Resumé Write Pro, Terms and Conditions
Resumé Write Pro consists of a Career Coach creating a resumé for the Client.
SECTION 1. DESCRIPTION OF COACHING. Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
SECTION 2. COACH-CLIENT RELATIONSHIP.
(a) Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions 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.
(c) Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
(d) 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. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
(e) 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, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
(f) The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
SECTION 3. SCOPE OF SERVICES. The parties agree to engage in a 1-hour Coaching Program through virtual meetings. Coach will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per Client’s request for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours. The time to render these services shall not exceed 3-hours total. Coach agrees to provide Coaching Services for Client focusing on discussing resumé needs and writing resumé.
SECTION 4. FEES, EXPENSES, SCHEDULE, AND PAYMENT.
a. Fee. Client agrees to pay a non-refundable fee for the total sum of Three Hundred Ninety Seven Dollars ($397.00), due in full upon sign-up for service. The parties acknowledge and agree that the Fee shall be non-refundable.
b. Schedule. The calls/meetings shall be 30 or 60 minutes in length.
SECTION 5. PROCEDURE. The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach via a scheduled virtual call. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
SECTION 6. MEETING CANCELATION POLICY. Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
SECTION 7. CONFIDENTIALITY: Please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s 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; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
SECTION 8. NON-DISCRIMINATION: AG does not discriminate in coaching against any Client on the basis of age, race, color, religion, disability, sex, gender, sexual orientation, national origin, or veteran status.
SECTION 9. COST OF ENFORCING AGREEMENT: In the event AG files or initiates any litigation, arbitration, or other proceeding or process to enforce its rights under this Agreement, including, but not limited to, the collection of the Coaching Fee and/or reimbursement for any costs or expenses incurred under this Agreement, AG shall be entitled to all costs and expenses incurred in connection with resolving the dispute, including, but not limited to, legal, recovery and administrative expense and attorneys’ fees paid or incurred by AG in endeavoring to collect any and all sums due, whether or not any court proceeding is commenced.
SECTION 10. RECORD RETENTION POLICY: The Client acknowledges that the Coach has disclosed his/her confidentiality policy (Section 8) with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 1 year.
SECTION 11. DISCLAIMER Of WARRANTIES. AG MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. FURTHERMORE, AG DOES NOT GUARANTEE THE PERFORMANCE OF ANY CLIENT AFTER COACHING SERVICES, OR THE ACCURACY OF INFORMATION PROVIDED, AND DISCLAIMS ANY RESPONSIBILITY FOR CLAIM, LOSS, OR LIABILITY AS A RESULT OF A CLIENT’S ACTS OR OMISSIONS.
SECTION 12. LIMITATION OF LIABILITY: IN NO EVENT WILL AG BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT. IN RECOGNITION OF THE RELATIVE RISKS, REWARDS, AND BENEFITS OF THE SERVICES TO BOTH CLIENT AND AG, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CLIENT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, IN NO EVENT SHALL AG’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT FOR THE APPLICABLE SERVICES.
SECTION 13. INDEMNIFICATION: Client agrees, to the fullest extent permitted by law, to indemnify and hold AG, its employees, managers, officers, members, agents, and sub-consultants, free, safe, and harmless from and against any and all damages, claims, liabilities, expenses and costs, including but not limited to, attorneys’ fees and defense costs, arising out of or in any way connected with the performance of the Services under this Agreement, and/or arising out of or relating to any third party claim occurring in connection with Client’s violation of any law or regulation, negligence, willful misconduct or breach of this Agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence or willful misconduct AG.
SECTION 14. TERMINATION AND SURVIVAL OF CERTAIN PROVISIONS: This Agreement may be terminated by either party upon seven (7) days’ written notice to the other party. However, Client shall remain liable to AG for all fees and expenses due under this Agreement for services rendered in accordance with Section 4 hereinabove. All other provisions of this Agreement that by their terms extend beyond the termination of this Agreement shall survive such termination and remain in full force and effect, including, but not limited to, Section 4.
SECTION 15. MISCELLANEOUS:
(a) This Agreement shall be construed in accordance with and be governed by the laws of the State of California, without giving effect to the conflict of laws provisions thereof to the extent such principle or rules would require or permit the application of the laws of any other jurisdiction.
(b) If any provision of this Agreement shall be held void, voidable, invalid, or inoperative no other provision of this Agreement shall be affected as a result thereof and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid, or inoperative provision had not been contained herein.
(c) Nothing herein contained shall constitute a partnership or a joint venture between parties hereto. Neither party hereto shall hold itself, himself or herself out contrary to the terms of this Section 13(c). Neither party shall become liable for any representation, act, or omission of the other contrary to the provisions hereof.
(d) This Agreement shall not be deemed to give any right or remedy to any third party whatsoever, unless said right or remedy is specifically granted by AG in writing to such third party. Except as otherwise provided in this Agreement, all rights and remedies herein or otherwise shall be cumulative and none of them shall be in limitation of any other right or remedy.
(e) The section and paragraph headings in this document are for convenience only, are not part of this Agreement and shall not be used in interpreting or construing this Agreement.
(f) No waiver of any term or provision of this Agreement or of any default hereunder shall affect the waiving party’s respective rights thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether or not similar.
(g) This Agreement and the Scope of Services sets forth the entire understanding of the parties hereto relating to the subject matter hereof. No modification, amendment, waiver, termination or discharge of this Agreement or of any of the terms or provisions hereof shall be binding upon either party hereto unless confirmed by a written instrument signed by both parties. Each of the persons agreeing on behalf of Client, if applicable, and AG, hereby represents and warrants that he, she, or they is agreeing with full and complete authority to bind the party on whose behalf of whom he, she, or they is agreeing, to each and every term of this Agreement. This Agreement may be executed via counterparts and electronically via fax and/or facsimile signature (i.e., scanned PDFs), each of which shall be deemed an original, but all of which shall constitute one document, which can be used for any and all purposes, including the interpretation and enforcement of this Agreement.
Hourly Career Coaching Service
Terms and Conditions
SECTION 1. DESCRIPTION OF COACHING. Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
SECTION 2. COACH-CLIENT RELATIONSHIP.
(a) Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions 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.
(b) Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
(c) 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. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
(d) 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, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
(e) The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
SECTION 3. SCOPE OF SERVICES. The parties agree to engage in a 1-hour Coaching Program through virtual meetings. Coach will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per Client’s request for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours. Coach agrees to provide Coaching Services for Client focusing on giving advice to Client regarding their career and personal potential.
SECTION 4. FEES, EXPENSES, SCHEDULE, AND PAYMENT.
a. Fee. Client agrees to pay a non-refundable fee for the total sum of One Hundred Twenty Five Dollars ($125.00), due in full upon sign-up for service. The parties acknowledge and agree that the Fee shall be non-refundable.
b. Schedule. The call/meeting shall be 60 minutes in length.
SECTION 5. PROCEDURE. The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach via a scheduled virtual call. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
SECTION 6. MEETING CANCELATION POLICY. Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
SECTION 7. CONFIDENTIALITY: Please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s 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; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
SECTION 8. NON-DISCRIMINATION: AG does not discriminate in coaching against any Client on the basis of age, race, color, religion, disability, sex, gender, sexual orientation, national origin, or veteran status.
SECTION 9. COST OF ENFORCING AGREEMENT: In the event AG files or initiates any litigation, arbitration, or other proceeding or process to enforce its rights under this Agreement, including, but not limited to, the collection of the Coaching Fee and/or reimbursement for any costs or expenses incurred under this Agreement, AG shall be entitled to all costs and expenses incurred in connection with resolving the dispute, including, but not limited to, legal, recovery and administrative expense and attorneys’ fees paid or incurred by AG in endeavoring to collect any and all sums due, whether or not any court proceeding is commenced.
SECTION 10. RECORD RETENTION POLICY: The Client acknowledges that the Coach has disclosed his/her confidentiality policy (Section 8) with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 1 year.
SECTION 11. DISCLAIMER Of WARRANTIES. AG MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. FURTHERMORE, AG DOES NOT GUARANTEE THE PERFORMANCE OF ANY CLIENT AFTER COACHING SERVICES, OR THE ACCURACY OF INFORMATION PROVIDED, AND DISCLAIMS ANY RESPONSIBILITY FOR CLAIM, LOSS, OR LIABILITY AS A RESULT OF A CLIENT’S ACTS OR OMISSIONS.
SECTION 12. LIMITATION OF LIABILITY: IN NO EVENT WILL AG BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT. IN RECOGNITION OF THE RELATIVE RISKS, REWARDS, AND BENEFITS OF THE SERVICES TO BOTH CLIENT AND AG, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CLIENT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, IN NO EVENT SHALL AG’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT FOR THE APPLICABLE SERVICES.
SECTION 13. INDEMNIFICATION: Client agrees, to the fullest extent permitted by law, to indemnify and hold AG, its employees, managers, officers, members, agents, and sub-consultants, free, safe, and harmless from and against any and all damages, claims, liabilities, expenses and costs, including but not limited to, attorneys’ fees and defense costs, arising out of or in any way connected with the performance of the Services under this Agreement, and/or arising out of or relating to any third party claim occurring in connection with Client’s violation of any law or regulation, negligence, willful misconduct or breach of this Agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence or willful misconduct AG.
SECTION 14. TERMINATION AND SURVIVAL OF CERTAIN PROVISIONS: This Agreement may be terminated by either party upon seven (7) days’ written notice to the other party. However, Client shall remain liable to AG for all fees and expenses due under this Agreement for services rendered in accordance with Section 4 hereinabove. All other provisions of this Agreement that by their terms extend beyond the termination of this Agreement shall survive such termination and remain in full force and effect, including, but not limited to, Section 4.
SECTION 15. MISCELLANEOUS:
(a) This Agreement shall be construed in accordance with and be governed by the laws of the State of California, without giving effect to the conflict of laws provisions thereof to the extent such principle or rules would require or permit the application of the laws of any other jurisdiction.
(b) If any provision of this Agreement shall be held void, voidable, invalid, or inoperative no other provision of this Agreement shall be affected as a result thereof and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid, or inoperative provision had not been contained herein.
(c) Nothing herein contained shall constitute a partnership or a joint venture between parties hereto. Neither party hereto shall hold itself, himself or herself out contrary to the terms of this Section 13(c). Neither party shall become liable for any representation, act, or omission of the other contrary to the provisions hereof.
(d) This Agreement shall not be deemed to give any right or remedy to any third party whatsoever, unless said right or remedy is specifically granted by AG in writing to such third party. Except as otherwise provided in this Agreement, all rights and remedies herein or otherwise shall be cumulative and none of them shall be in limitation of any other right or remedy.
(e) The section and paragraph headings in this document are for convenience only, are not part of this Agreement and shall not be used in interpreting or construing this Agreement.
(f) No waiver of any term or provision of this Agreement or of any default hereunder shall affect the waiving party’s respective rights thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether or not similar.
(g) This Agreement and the Scope of Services sets forth the entire understanding of the parties hereto relating to the subject matter hereof. No modification, amendment, waiver, termination or discharge of this Agreement or of any of the terms or provisions hereof shall be binding upon either party hereto unless confirmed by a written instrument signed by both parties. Each of the persons agreeing on behalf of Client, if applicable, and AG, hereby represents and warrants that he, she, or they is agreeing with full and complete authority to bind the party on whose behalf of whom he, she, or they is agreeing, to each and every term of this Agreement. This Agreement may be executed via counterparts and electronically via fax and/or facsimile signature (i.e., scanned PDFs), each of which shall be deemed an original, but all of which shall constitute one document, which can be used for any and all purposes, including the interpretation and enforcement of this Agreement.