COACHING CONTRACT
This agreement (“agreement”) is made and entered into between and among Fiona McCoss of Fiona McCoss Ltd, hereafter referred to as “Company” and "Coach", and yourself, referred to as the “Client”. The coach and client together are hereafter referred to as “Parties”.
Therefore, the host and the client agree as follows:
I. COACHING DELIVERY
Coaching is delivered to Client from Company via live calls on Zoom, Telegram, and email, or as otherwise specified.
It is Client responsibility to stick to the schedule as agreed upon at the outset of the Coaching and to show up on time and in a respectable manner to receive Coaching.
All calls must be taken within the coaching period. If a call has not been taken within the coaching period, it will be forfeited.
If Client needs to change the date or time of a 1:1 Coaching call, Client will endeavour to give Company as much notice as possible, at least 48 hours. Company will make every effort to accommodate Client’s need to change the date or time of a call, but cannot guarantee this without proper notice from Client.
Company can also not guarantee it will be able to accommodate multiple requests from Client for schedule changes.
Client understands and agrees that Client will not be reimbursed if Company cannot accommodate requested schedule changes.
If Company needs to change the date or time of a call, Company will let Client and Coaching clients know as soon as possible.
Company may also provide digital materials (“Coaching materials”) and email support to Client for Client’s personal use, subject to Section X, Intellectual Property.
II. COACHING
Coaching may consist of feminine energy practices, embodiment, leadership, shadow work, and other Coaching designed to help Client with their specific goals.
III. TERM
Coaching will begin on date specified on website or as agreed upon between coach and client.
IV. DUTIES AND RESPONSIBILITIES
Outline roles and responsibilities of company and client.
• Client and Company agree that Client’s successful participation in Coaching requires that both Client and Company fulfil their obligations.
• Company agrees to communicate with Client honestly and promptly.
• Client agrees to communicate with Coach honestly and promptly.
• Client agrees to engage in the Coaching to the fullest extent possible.
• Client understands and agrees that her degree of success is dependent on her commitment and consistency.
• Client agrees that she is solely responsible for implementing any suggestions, tools, or practices recommended by Coach.
• Client agrees to be open to feedback from Coach.
• Client also understands that every individual is different, and Company cannot guarantee any particular result will be achieved through Client’s participation in Coaching.
V. FEES
The fee for Coaching is outlined on the website or as agreed upon between coach and client.
VI. PAYMENT TERMS
Client will pay for Coaching via debit or credit card through a third party payment processor. Payment is processed by third party payment processors, and your personal information is processed in accordance with our Company Privacy Policy.
If paid in full:
Client will pay Company in full prior to start of Coaching. Client will not be enrolled in Coaching, nor have access to any Coaching materials, until Company has received Client’s payment in full.
If paid as “Payment Plan” with instalments:
Client will pay Company a first payment prior to the start of Coaching. Subsequently, Client will automatically be charged monthly by Company during the Term, and for the length of Payment Plan chosen by Client, through Client’s chosen payment method, on the date of the first payment made, for each consecutive month of the Payment Plan thereafter. Cancellation of the Payment Plan is not permitted.
VII. PAYMENT FAILURE
If Company charges Client for any remaining instalments and Client’s payment method is declined in any way, Company or Company’s payment processor will notify Client and Client will have 2 days to pay the full amount owed. Client will not have access to Coaching or any Coaching materials unless and until the full balance owed is paid.
VIII. REFUND
Coaching is offered to Client as is. No refunds will be issued for any reason.
IX. RELATIONSHIP OF PARTIES
Client agrees that Client’s participation in Coaching does not create a partnership, joint venture, agency or employment relationship with Company.
X. INTELLECTUAL PROPERTY
Client agrees that any content provided to Client by Company is provided for Client’s personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content includes all:
1. Company website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code
2. All Coaching materials and any other digital downloads or other materials, digital or non-digital (materials include but are not limited to, text, photos, graphics, video) created by Company
3. Any other form of Company-created information available to client immediately prior to Coaching and during Coaching (parts 1 through 3, collectively, “Content”).
Company grants Client a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for Client’s personal, non-commercial use.
Client is not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way without prior written approval from us. Please direct any requests for permission to fiona@fionamccoss.com.
XI. CONFIDENTIALITY/NON-DISCLOSURE
Both Client and Company recognize the importance of confidentiality during the Term of Coaching and agree to hold all confidential information exchanged in the strictest confidence and safeguard it from disclosure and misuse to the fullest extent possible. Confidential information includes (i) all information disclosed between Client and Company reasonably considered to be confidential and proprietary, regardless of whether Client or Company labelled the information as confidential, given the circumstances surrounding the disclosure of the information and (ii) all information labelled or indicated to be confidential by one party to the other party to be confidential, provided that the information was not public at the time of disclosure, (collectively, “Confidential Information”).
Both Company and Client agree not to make use of any Confidential Information unless and until Client or Company is required to disclose pursuant to a governmental order. If Client or Company is required by law to disclose Confidential Information, the party required to disclose the Confidential Information must provide written notice to the other party of the disclosure as soon as is reasonably possible.
Client agrees that should Client breach this Agreement by disclosing Company’s Confidential Information outside of the specific circumstances expressly outlined in this Agreement, or should Company learn of Client’s intent to breach this Agreement by disclosing Company’s Confidential Information, Company is entitled to injunctive relief against Client to prohibit said disclosure and limit and protect Company from any harm due to the disclosure.
XII. DISCLAIMER
Client understands and agrees that Coaching is not medical, health, business, financial, legal, or other professional advice. Client agrees that Client’s participation in Coaching is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Coaching, Coaching materials, and Content is for informational purposes only and should be used at your own risk.
Medical Disclaimer
Information given by Company in Coaching, whether through Coaching materials, Content, during live calls, or at any other time during Coaching, is not medical advice. It is not intended to diagnose, treat or prevent disease. Any information provided by Company is not intended to be a substitute for medical advice, and Company encourages Client to use any information provided by Company only in consultation with a medical professional. Any supplements, treatment plans, services, nutrition suggestions or lifestyle changes, or any other information recommended by Company is not medical advice, should not be considered medical advice, and is not a substitute for consultation with an appropriate medical professional.
Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from Client’s participation in Coaching. Company is not responsible or liable for any of Client’s health decisions directly or indirectly related to the information provided in Coaching, nor is Company responsible for any damages from Client’s use or misuse of information provided in Coaching. Client understands and agrees Client is solely responsible for any decisions Client makes from the information provided in Coaching.
Client understands and agrees that each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company during the Term will also work for Client. Client understands and agrees that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Coaching participant. Client understands and agrees Company does not represent or guarantee in any way that Client will achieve the same or similar results.
Other Professional Disclaimer
Client understands and agrees that Coaching, Coaching materials, and Content are not business, financial, legal, or other professional advice, and should not be construed or relied on as such. The information provided in Coaching, Coaching materials, and Content is intended only for informational purposes. Client understands and agrees it is not a substitute for consultation with a relevant professional. Client understands and agrees Client should consult with a relevant professional if Client has any questions. By purchasing Coaching and/or using Coaching materials and Content, Client acknowledges and agrees Client is solely responsible for Client’s results.
Client understands and agrees that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from Client’s participation in Coaching. Client agrees that Company is not liable for the results of any decisions Client makes as a result of Client’s participation in Coaching or from the Coaching materials and/ or Content provided by Company.
Client understands and agrees each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to Client during the Term will also work for Client. Client understands and agrees that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Coaching, Coaching materials, Content, or any other forum, are the experiences of one participant. Client understands and agrees Company does not represent or guarantee in any way that Client will achieve the same or similar results.
XIII. TESTIMONIALS
Client agrees that Company may use a testimonial about Coaching provided by Client for any purpose, even commercial. Client agrees that Client’s testimonial may be used in Company’s website, marketing materials, social media platforms or any other platform owned by Company. At Client’s written request, Company will anonymise Client’s testimonial by excluding Client’s personal information.
XIV. WARRANTY
Except as where otherwise indicated herein, Coaching, Coaching materials and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Coaching, Coaching materials or Content. Client understands and agrees that all individuals are different, and Company makes no representations, guarantees or warranties regarding any results Client may or may not experience from participation in Coaching and/or the use of Coaching materials and Content. Company disclaims all warranties to the fullest extent permitted by law.
XV. ASSIGNMENT
This Agreement is between Client and Company only. This Agreement cannot be assigned to another party.
XVI. TERMINATION
Company endeavours to provide Client with a positive experience through Coaching. However, by purchasing Coaching, Client agrees that Company, at its sole discretion, may terminate this Agreement without refund of any money paid by Client if Client:
1. Fails to pay amount due even after Company’s assessment of late fees
2. Client is derogatory, defamatory, abusive, uncooperative and/or fails to follow Coaching guidelines
3. Client violates any other terms of this Agreement.
Client agrees that should Company terminate this Agreement due to any of the above conditions, Client is still liable for the remainder of the cost of the Coaching as outlined in Section VI, Fees and Section VII, Payment Terms.
XVII. ELECTRONIC SIGNATURES
Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement bearing an original or electronic signature by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
XVIII .LIMITATION OF LIABILITY
To the fullest extent allowed by law, Company is not liable and does not accept responsibility for any losses or damages caused by or resulting from Client’s purchase of or participation in Coaching, or Client’s use of Coaching materials and/or Content. By participating in Coaching and using Coaching materials and Content, Client agrees that Client is solely responsible for any results derived from said participation and use. Client assumes any and all risks. Client agrees that Company is not liable for any direct, indirect, consequential, punitive, or any other damages, arising out of Client’s purchase of or participation in Coaching and Client’s use of Coaching materials and Content, even if Company has been advised of the possibility of such damages.
Client agrees to this limitation of liability and releases Company from all claims.
XIX. INDEMNIFICATION
Client agrees to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”), from any and all actions, claims, damages, fees and expenses, including attorney’s fees, arising out of the purchase of Coaching, Client’s participation in Coaching, Client’s use of Content, or Client’s use of any other information by provided in any form by Company or Company’s Affiliates to Client during Term. Client shall defend Company and Company’s Affiliates in any legal actions pursuant to or arising out of this Agreement. Client agrees that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.
By payment for and in consideration of Client’s participation in Coaching, Client agrees to waive, discharge, release, defend, indemnify and hold harmless Company and Company’s Affiliates from any actions, causes of action, claims, demands, costs, fees, expenses or damages, in law or equity, arising from Client’s purchase of and participation in Coaching.
XX. GOVERNING LAW/DISPUTE RESOLUTION
Both parties will strive to work out any disputes amicably. In the event of a dispute that cannot be resolved amicably, Client agrees to arbitration agreement by the laws of England and Wales. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts governed by the laws of England and Wales.
XXI. FORCE MAJEURE
Company will not be liable for failure or delay in the performance of its obligations under this Agreement for the period that said failure or delay is beyond Company’s reasonable control, materially affects the performance of any of Company’s obligations under this Agreement, and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to illness, injury, extreme weather conditions, natural disasters, civil commotions, riots, mechanical or electronic failure or malfunction of electronic equipment, and acts of governmental action prohibiting or impeding Company from performing its obligations under this Agreement.
XXII. SEVERABILITY
If any portion of this Agreement is deemed to be void or unenforceable, that portion is severable from the Agreement and does not impact the enforceability of the remainder of this Agreement.
XXIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Company and Client. This agreement may not be modified unless and until future written agreement by both parties.