Hi, it’s Serena here and I am so excited that you’ve committed to taking this next step in your business by investing in this Coaching Programme – I’m really looking forward to working with you!
To ensure our working relationship starts in the right way I’d like to provide you with some information so you can clearly understand what this Coaching Programme involves, how it will be delivered, what I expect from you, and lastly, what you can expect from me, and that’s what I hope to achieve within this Agreement.
This Agreement sets out the entire arrangement between us, and since I know reading legal documents is not the most fun, we’ve tried to make things as simple as possible.
We’ve tried to avoid using complicated jargon as much as we can since we have no desire to trick or confuse you, we simply want to ensure that we start out on the right foot with total clarity on what is expected as we start our work together on achieving your goals!
COACHING AGREEMENT
BETWEEN:
(1) Serena Samra of Serena Samra Coaching
(2) The Client
Agreed terms
1. TERM OF ENGAGEMENT
1.1 You are engaging me as a mindset and business coach to provide coaching services to guide you to work through your mindset blocks, get clarity in your coaching business, learn a strategy and action plan to help you put refine your packages, pricing, build your brand awareness and increase your lead generation and consistent clients on the terms of this agreement.
1.2 This contract between us will commence on the date you sign this agreement and will continue unless and until terminated by either of us giving 2 weeks notice to the other in writing to the relevant address set out above.
2. SESSIONS AND CANCELLATION
2.1 The services we shall deliver are as follows:
2.11. x2 group Q&A coaching sessions lasting x60 minutes, x1 live training session lasting x60 minutes, per month over 6 months
2.12 x1 energetic check in weekly
2.13. Each session will take place on zoom video call.
2.14 Facebook group for community & support.
2.15 Access to a recording of each Session
2.16 Bonus access to Up Level Portal and Led to Launch Course
Any additional contact or support you request that is not included in the Services above will require separate terms and conditions and separate fees will apply.
3. DUTIES OF COACH
3.1 I shall provide the Services with due care, skill and ability.
3.2 Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, I do not guarantee any particular results as it is dependant on your commitment to our coaching together.
3.3 If for any reason I am unable to provide the Services at the agreed time, I will provide you with as much notice as possible and we shall reschedule the Session for a time mutually agreed.
4. YOUR OBLIGATIONS
4.1 You shall be responsible for scheduling your 1:1 session via email.
4.2 It is your responsibility to schedule in your 60 minute one-to-one sessions. This is to be taken within the 6 month programme
4.3 We respect your time so please respect ours too. If we are waiting for you to join a scheduled Session for more than 15 minutes from the scheduled start time, we reserve the right to treat this as a no show and you forfeit the right to that Session.
4.4 You accept and understand that purchasing this Programme is not a substitute for professional therapy.
4.5 You accept and understand that you are solely responsible for making decisions and taking appropriate action as a result of anything covered during the Programme and that we are not liable for any failure to commit to the teachings within the Programme.
4.6 Our delivery of the Services will be subject to these Agreement terms and you accept them when you agree to purchase our Programme and provide payment or part-payment of the Programme Fee, unless we agree in writing otherwise.
4.7 Should you have any concerns whatsoever in relation to our delivery of this Programme then you agree to provide us with details by email as soon as possible. We agree to use our reasonable efforts to work with you to resolve any concerns you may have.
4.8 You agree that any information you provide to us is true and up to date and complete.
4.9 You understand that any resources or information we provide to you as part of this Programme is for general information only and does not constitute legal, financial or medical advice.
4.10 You agree that all information that we disclose to you as part of the Programme remains our intellectual property and you agree to comply with our rights in connection with the information, materials and resources we provide to you in accordance with this Agreement.
4.11 If you cannot attend a group coaching session, these cannot be rescheduled but you will have access to the recording and can send in your answers before the session. These must be sent 24 hours before the session and be sent in the Facebook group.
5. FEES
5.1 The fee for the programme will be £1297 for twelve months.
5.2 You can contact me between scheduled Sessions via the Facebook group and I will respond between the hours of 9am-5pm within 24 hours. Please be mindful of my time and my commitment to other clients during these times. If, however, I consider that more time is needed to deal appropriately with your communication then I may either:
(a) advise you to arrange an additional Session (at the fees of an hourly rate worked out from our total fee for the x3 sessions); or
(b) inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.
5.3 First payment of £1497 is to be paid now to secure your space
Payments will be automatically paid through direct debit.
5.4 Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may suspend all Services until payment has been made in full.
5.5 Clause 4.6 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
5.6 No refund policy applies to the purchases of this Programme and the contract cannot be cancelled. If you decide to not partake in the full 12 months, the payments must still be made.
6. CONFIDENTIAL INFORMATION
6.1 I acknowledge that in the course of providing the Services I will have access to Confidential Information (as defined in clause 16).
6.2 I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
6.3 You may disclose to third parties such information about the Sessions as you wish.
7. DATA PROTECTION AND INTELLECTUAL PROPERTY
7.1 You acknowledge and agree that your personal data will be processed by and on behalf of me as part of me providing you with the Services.
7.2 I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
7.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.
7.4 I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
7.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.
8. OBLIGATIONS ON TERMINATION
8.1 If either of us give notice to terminate this agreement pursuant to clause 1.2, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final Session.
8.2 On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
8.3 Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
8.4 Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 6 (Confidential Information), this clause 8, clause 10 (Limitation on liability) and clause 16 (Governing law and jurisdiction).
9. STATUS
The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
10. LIMITATION ON LIABILITY
10.1 Nothing in this clause 9 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
10.2 I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.
10.3 My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
10.4 If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
10.5 The provisions of this clause 9 shall survive termination of this agreement.
10.6 Throughout the duration of the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm Serena Samra or her company, clients or reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us or our company or clients.
11. CIRCUMSTANCES BEYOND MY REASONABLE CONTROL - FORCE MAJEURE
10.1 I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents or any such other circumstances beyond my reasonable control.
10.2 Circumstances beyond my reasonable control include any act or event beyond my reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
10.3 If any circumstances beyond my reasonable control affects the performance of my obligations under these Terms:
10.4 you will be notified as soon as reasonably possible; and
10.5 the time for performance of my obligations will be extended and my obligations under these Terms will be suspended for the duration of the circumstances beyond my reasonable control.
12. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS
You acknowledge and agree that:
(a) this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);
(b) in entering into this agreement you have not relied on any Pre-Contractual Statement (as defined in clause 17.1).
13. VARIATION
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
14. COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
15. THIRD PARTY RIGHTS
15.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
15.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
16. GOVERNING LAW AND JURISDICTION
16.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
16.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
16.3 If any dispute arises in connection with this agreement, including any question regarding its existence, validity or termination, a director will, within 14 days of a written request from one party to the other, meet (face-to-face/video/web/digital platform/virtual conferencing etc) in a good faith effort to resolve the dispute.
16.4 If the dispute is not wholly resolved at that meeting, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the CEDR (Centre for Effective Dispute Resolution) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (‘ADR Notice’) to the other party[ies] to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
16.5 [If there is any point on the logistical arrangements of the mediation, other than the nomination of the mediator, upon which the parties cannot agree within [14] [working] days from the date of the ADR Notice, where appropriate, in conjunction with the mediator, CEDR will be requested to decide that point for the parties having consulted with them.]
16.6 Unless otherwise agreed, the mediation will start not later than [28] [working] days after the date of the ADR Notice.’
16.7 No party may commence any court proceedings/arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
17. INTERPRETATION
17.1 The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.
Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.
17.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
17.3 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
17.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.