Terms of Service for Wishingwell Coaching
The terms “we,” “our,” and “coach” refers to Wishingwell Coaching.
The terms “Client(s)” refer to site customers, clients, and any other purchasers of our services.
The terms of any proposal, agreement or offer expires 7 days after being submitted to Client. If this agreement expires, Coach may modify the agreement and resubmit it to Client.
Client agrees to pay Coach the fees listed in the coaching package proposal, including all taxes and fees. Any other costs, such as assessments, books, resume writing, LinkedIn updates, etc., will be paid for or billed to Client separately during the project.
Payment is is due before any work begins. For recurring payments (ongoing clients), all other invoices are payable at time of issue or as noted in signed proposal or on invoice.
Client agrees to pay for the Services at the rates and at the times indicated in each Invoice as stated in initial proposal. Monthly clients will be responsible for recurring payments unless a 2 week notice of termination is given to the coach.
All payments are nonrefundable. We often book clients several months in advance as to be sure that we can guarantee all clients receive the proper amount of time their work deserves. Because of this process, we often turn away clients, or push client work back beyond your reserved project time slot. Therefore, if you back out it may leave an empty slot in my schedule that could have been given to another client.
Payments that are not paid by Client within six days of receipt of service are subject to an interest charge, calculated and compounded monthly, and calculated at a monthly service fee of 1.5 percent, or the maximum allowed by law.
In addition, Client’s failure to pay any invoice within six days of receipt of services shall be a breach of their Agreement and Coach shall have the right to discontinue providing Services.
Clients are responsible for booking and keeping their own sessions. If a session time is missed it will be considered forfeited except at the sole discretion of the Coach. Clients are responsible to call the Coach at the time of the session. The number to call is 781 640 7250. If pre-arranged, you may also use Skype.
All material is considered anonymous. Details that can identify the Client personally will not be shared, however the Client grants permission for the Coach to write, speak about and otherwise share the Client’s story and accomplishments with others for the purposes of marketing and for general business purposes. The Coach may share identifying Client details when the Client has given written or verbal permission to do so, such as in a published testimonial.
RELATIONSHIP OF THE PARTIES
The Coach is an independent contractor. The Coach shall determine, at its sole discretion, the manner and means by which the services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. All rights granted to client are contractual in nature and are expressly defined by this agreement.
INDEMNIFICATION AND LIABILITY
Client shall indemnify the Coach from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the Client. The services and the work product of the Coach are sold “as is.” in all circumstances, the maximum liability of the Coach, its directors, officers, employees, design agents and affiliates (“designer parties”), to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, court or otherwise, shall be limited to the net profit of the Coach. In no event shall the Coach be liable for lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to services provided by the Coach, even if the Coach has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
TERM AND TERMINATION
This agreement shall begin when both parties sign and shall continue until all services are complete and delivered, or until the agreement is terminated. Either party may terminate this agreement at any time, on 14 days prior written notice if the other party breaches any of its material responsibilities or obligations under this agreement and fails to cure that breach during that 10 day period.
Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, client shall pay the Coach for the services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all expenses, fees, and additional costs incurred through the date of termination.
Both parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.
Modifications to agreements must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. All notices under this agreement shall be given in writing either by: (a) email, with return confirmation of receipt; (b) certified or registered mail, with return receipt requested. Notice will be effective when received, or in the case of email or fax, on confirmation of receipt. rights or obligations under this agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party. This agreement shall be governed by the law of Massachusetts if any provision of this agreement is held invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law. Headings and numbering used in this agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this agreement, and shall not have any legal effect. this agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this agreement.
If this contract is terminated by the Client, Wishingwell Coaching is not responsible for the return of any payments made by the Client.
NOTE: Before you sign and/or complete payment for this project, please make sure you understand all of the above agreement.