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 (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 contract shall be solely limited to those contained herein and/or provided for on Coach’s Website www.christyvenza.com (the “Website”) for each program and product described on the Career Loved website (the “Package” or “Services”). 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.

 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 uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

 Term and Termination. This Agreement will apply from the Effective Date and will continue until the Services have been provided as stated on the Website.

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 to Client a non-exclusive, world-wide, perpetual right to use, and copy for its internal business use only such materials subject to the confidentiality provisions set forth herein.

Disclaimers. Client accepts and agrees to 100% responsibility for progress and results from Company. Client accepts and agrees Client is the one vital element to the achievement of desired results. Company makes no guarantee or warranty that all clients achieve the same results and results vary.

By participating in coaching services, mentorship, and/or consulting, Client acknowledges that Christy Venza is not a psychologist, therapist, attorney, or financial advisor, and services do not replace the care of other professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. 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 provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. 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. Company will perform the services in a professional manner conforming to 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 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 cumulative liability hereunder 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 is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, coaching sessions, or otherwise. 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.