This Coaching Agreement (“Agreement”) is entered into by and between: Laura Lynn LaPointe LLC
P.O. Box 863, Auburn, AL 36831
Contractor and Client are collectively referred to as the “Parties.”
Contractor will provide and Client will pay for parent coaching services in accordance with the terms and conditions of this Agreement.
This Agreement will begin upon purchase/acceptance and will continue until the one-on-one 30-minute coaching call has been completed.
3.1 Client acknowledges that coaching is a team effort, and Client will get out of coaching only as much as he or she puts into it. Client agrees to fully participate in coaching and follow the Contractor’s instructions to his or her best ability. Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the call.
3.2 Client acknowledges that Client is solely responsible for creating and implementing his or her own decisions, choices, actions and results based on coaching calls, sessions, and interactions with Contractor. Client agrees that the Contractor is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Contractor. 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.
3.3 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. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
3.4 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, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Contractor.
4.1 Contractor agrees to provide Contractor’s Private 1:1 Parent Coaching Consult of parent coaching services to Client, subject to the terms and conditions of this Agreement. Contractor agrees to devote as much time, attention, and energy as necessary to achieve the following (collectively, “Coaching”):
4.2 Contractor has full discretion in Coaching but shall not engage in any services which are not expressly set forth in this Agreement without the prior written permission from Client.
5.1 Client will schedule their session in an online scheduling software via the link sent by email.
Client is responsible for scheduling the coaching call following payment.
5.2 Client acknowledges that unanticipated circumstances arise, and the timeline for delivering all sessions is not guaranteed. Contractor reserves the right to cancel any coaching session by notifying the Client at least 12 hours prior to the scheduled session. Contractor agrees to reschedule the cancelled session at a mutually agreeable date and time for both the Client and Contractor.
5.3 In the event Client needs to cancel or reschedule the session, Client agrees to provide 24 hours’ notice of cancellation in advance of such session. Contractor and Client may work together to find a mutually agreeable date and time for rescheduled session, but Contractor does not guarantee availability and the session will not be refunded.
5.4 If Client shows up more than 10 minutes late to the scheduled session, the session will not go ahead.
If Client shows up late but less than 10 minutes, the scheduled session will go ahead but will not continue past the scheduled finish time.
If Client does not reschedule within the required time frame, and does not show up at the scheduled time, Client will forfeit the service that was to be provided at that time and will not receive a refund for missing the session.
6.1 Client shall pay Contractor a one-time fee equal to $49.00 to be paid when purchasing the session.
6.2 Contractor acknowledges and agrees that payment as provided in this Section shall constitute full and final compensation for all Services and rights granted under this Agreement.
7.1 Client agrees to cooperate with Contractor to provide all information and materials necessary for Contractor to provide the Coaching. Client agrees to participate on the call as designed by joint agreement between Client and Contractor.
This Agreement shall have an initial term of 1 one-on-one 30-minute coaching call, and the term of the Agreement may be extended by entering into another one-on-one 30-minute coaching call by purchasing another session.
9.1 Either party may terminate this Agreement at any time by giving the other party 30 days’ written notice.
9.2 All payments under this Agreement are non-refundable. Client shall not be entitled to a refund for any reason, including but not limited to termination of this Agreement. Payment under this Agreement reserves Contractor’s time and prevents someone else from benefiting from Contractor’s services; as such, all funds paid shall be considered compensation for services rendered and are not refundable.
9.3 Force Majeure. Contractor shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, governmental order, pandemic or epidemic, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes.
10.1 The coaching relationship and any information that the Client shares with the Contractor as part of this relationship is considered confidential (“Confidential Information”). Contractor agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. Contractor will not disclose Client’s name as a reference without Client’s written consent. Contractor shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Contractor will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain.
10.2 Client acknowledges that the Contractor-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Contractor and Client are not subject to the protection of any legally recognized privilege.
10.3 Contractor may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Contractor; (ii) Client grants permission for such disclosure in writing; (iii) Contractor obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Contractor reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.
10.4 In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Contractor (“Contractor’s Proprietary Information”). Client acknowledges that Contractor’s business relies on Contractor’s ability to provide such insights to various clients. Client agrees not to disclose Contractor’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
10.5 Intellectual Property. Contractor reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Clients participation in coaching covered in this Agreement. Contractor provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. Client understands that claiming Contractor’s materials as their own is a violation of intellectual property rights.
10.6 Non-Disparagement. Client agrees to not take any actions, make any statements, whether oral or in writing, that negatively impact the Contractor’s business, services, products, or reputation.
Client, at Client’s expense, shall release, indemnify and hold Contractor and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Contractor in providing Coaching and/or arising out of any Work Product, unless due to negligence of the Contractor.
Client agrees that Contractor may use the Client’s name and/or image (but not contact information or personal information) in Contractor’s advertising or promotional literature and may publish articles, blog posts, podcast episodes, or other advertising and promotional material relating to the Client and the Coaching. Client releases Contractor from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name and/or image as permitted in this section. Nothing in this section releases Contractor from the confidentiality requirements of this Agreement.
13.1 Except as expressly provided in this Agreement, Contractor makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching. In no event shall Contractor be liable to Client for any indirect, consequential, or special damages. Contractor’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Contractor under this Agreement.
13.2 Contractor is not responsible for any technical difficulties with hardware, software, connectivity, or other technological aspects of electronic coaching sessions, and does not
guarantee that the conferencing software or coaching sessions will be free from technical problems, available at all times, or work as expected.
13.3 No Guarantees. Contractor makes no guarantees about the results Client may obtain from working with Contractor. Client agrees that any statements made by Contractor regarding potential outcomes are opinions and are not binding on Contractor. The results Client experiences will be dependent on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Contractor may not be able to anticipate.
13.4 Not professional medical or mental health advice. At no time should any of Contractor’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Contractor’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical and/or psychological treatment, it is Client’s responsibility to seek it out.
14.1 Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
14.2 Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
14.3 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Alabama, without giving effect to its principles of conflicts of law.
14.4 Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
14.5 Notices. All notices shall be in writing and deemed effective when received by either electronic mail at the email address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.
14.6 Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.
14.7 Entire Agreement. This Agreement shall be deemed to express, embody, and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.
14.8 Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
14.9 No Insurance. As Contractor is an independent Contractor, Client will not be required to provide Contractor with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.
14.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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