Coaching Agreement

Coaching Agreement

 By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Christy Venza, Certified Professional Coach, hereafter referred to as “the Coach,” owner of Inspire to Influence, LLC, doing business as Wovenly Leadership (the “Company”). This coaching agreement (the “Agreement”), is effective (the “Effective Date”) upon purchase.

Services. The scope of services rendered by the Coach pursuant to this Agreement shall be solely limited to those contained herein and/or provided for on Coach’s Website www.wovenlyleadership.com (the “Website”) for the specific program, engagement, or experience purchased by the Client (the “Package” or “Services”).

The Coach reserves the right to substitute services equal to or comparable to the Package for Client if reasonably required by the prevailing circumstances.

 Compensation: The compensation to be paid by Client to Company for the Services to be rendered hereunder shall be as set forth on the Website (the “Fees”). No refunds will be given. Client agrees to indemnify Company against any costs incurred, including reasonable attorney’s fees, to collect amounts owed hereunder. All fees are non-refundable.

Client agrees to indemnify Company against any costs incurred, including reasonable attorneys’ fees, to collect amounts owed hereunder.

 Chargebacks And Payment Security. To the extent that Client provides Company with Credit- Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein.

If Client enrolls in a multiple-payment plan, Client authorizes Company to charge all scheduled payments when due without requiring additional authorization.

Client agrees not to initiate any chargebacks without first contacting Company in good faith to attempt resolution. Client shall be responsible for any fees associated with chargebacks, collections, or payment recovery.

Client agrees not to cancel or change any credit card provided as security for payment without notifying Company in advance.

 Term and Termination. This Agreement shall commence on the Effective Date and shall continue until the Services have been fully provided as described on the Website for the purchased Package.

Ownership; Licenses. All rights, titles and interests in and to all materials and intellectual property created by Company, including all rights in copyrights or other intellectual property rights pertaining thereto, shall remain with Company.

Company grants Client a non-exclusive, worldwide, perpetual license to use such materials solely for Client’s internal, personal, or business use, subject to the confidentiality provisions of this Agreement.

Disclaimers. Client accepts and agrees that Client is fully responsible for progress and results from the Coach and the Company. Client understands that results are not guaranteed and vary by individual. Company makes no guarantee or warranty that all clients achieve the same results and results vary.

Client acknowledges that the Coach is not a psychologist, therapist, attorney, or financial advisor, and that coaching services do not replace professional mental health, medical, legal, or financial care. Coaching is not therapy and shall not be construed as such.

The Coach may provide information or suggestions believed to benefit the Client; however, Client acknowledges such information is not advice, endorsement, or guarantee of outcome. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.

The Coach may refer Client with third-party providers. Client acknowledges such referrals are informational only, and the Company is not responsible for the services or outcomes provided by third parties.

Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are illustrative only and do not guarantee specific results or outcomes. Client acknowledges that Coach has not and does not make any representations as to the future income, sales, or potential profitability or loss of any kind that may be derived as a result of use of Coach’s website, programs, products or services.

Warranty Disclaimer. Company agrees to perform services in a professional manner consistent with generally accepted industry standards.

Other than the warranty set forth in this section, company makes no other warranties or representations, express or implied, by operation of law or otherwise, with respect to any services supplied under this agreement. Company expressly disclaims any warranty of merchantability or fitness for a particular purpose and non-infringement.

Client Representations and Indemnification: Client represents and warrants that it has all necessary rights in and title to the Client Information and that such Client Information does not infringe on the trade secrets, copyrights, patents, or other proprietary rights of any third party. Client further agrees to indemnify, defend and hold Company and Company employees harmless from and against, all claims, suits, demands, judgments, liabilities, costs, and expenses arising out of or in connection with this Agreement that Client Information infringes or allegedly infringes the trade secrets, copyrights, patents, or other proprietary rights of any third party.

Limitation of Liability.   Company’s total cumulative liability for any claims or damages arising under this agreement in connection with a sow, regardless of the form of action, shall not exceed the total amount paid to Company by Client in connection with such sow during the six (6) month period immediately preceding the event giving rise to such damages. This shall be Client’s sole and exclusive remedy, both at law and in equity.

In no event shall Company be liable for any lost profits, lost revenue, loss of use, loss of data, delay in delivery or performance of services, or for any special, indirect, or consequential damages, nor for any claim or demand against client by any other party, arising out of this agreement, or the performance or breach thereof, even if Company has been advised of the potential for such damages.

Confidentiality. This Agreement constitutes a mutual non-disclosure agreement. Both Parties agree to maintain strict confidentiality regarding all information disclosed during coaching sessions or in connection with this agreement. Client acknowledges that Coach may share confidential information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

Force Majeure. In no event shall Company be liable to Client for any delay or failure to perform any obligation or its Services described hereunder due to causes beyond its control and without its fault or negligence (“Force Majeure”).

NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Boston, Massachusetts or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, regardless of the conflict of laws principles thereof.

GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.