PURPOSE OF THE AGREEMENT

Client wishes to participate in the Aligned x Design 12-week program, led by Brooke Estin ("Coach") to provide services as detailed in this Agreement. Coach agrees to provide Coaching Program Services for Client focusing on the following topics/results/outcomes/goals attached to this Agreement as Schedule A.

DESCRIPTION OF COACHING

Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. 

1. COACH-CLIENT RELATIONSHIP

Coaching is a collaborative process with an ongoing relationship between the Client and Coach. The coaching experience supports the Client in establishing new behaviors. The coaching relationship is strengths-based, forward-looking, and collaborative. The coaching agenda is developed and implemented in partnership between the Client and Coach. The role of the Coach is to help the Client progress toward achieving a goal.

A. The Client and Coach agree to engage fully in the coaching experience. The Client recognizes that coaching is not therapy, counseling, or consulting.

B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. 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.

C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time, as per the terms of this agreement. 

D. 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. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

E. 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, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

2. SERVICES

The parties agree to engage in Aligned x Design, a 12-Week Group Coaching Program offered through an online portal and weekly one-hour Zoom calls.  Coach may also be available for additional 1:1 time, per Client’s request at the base rate of $250 per additional call. This time can be used for additional coaching, reviewing documents and related activities.

By entering into this relationship, the Client and Coach acknowledge that the Client desires to make a behavioral change or some type of improvement in his/her life. Behavioral change often takes time to implement and sustain. The pace of change is uncertain and varies amongst individuals. As such, the Client and Coach agree to a minimum of a 3-month relationship.

3. SCHEDULE & FEES

$500.00

The calls/meetings shall be 1 hour and take place two times per month.  If rates change before this agreement has been signed and dated, the prevailing rates will apply.

Fees are payable in full, prior to the coaching services being provided. Payments are to be made through Coach's payment processor, Dubsado, or via direct bank transfer using the following information: 

BANK DETAILS

Account Name: Creative Amplifier, LLC
Bank: JP Morgan Chase
Account Type: Business Complete Checking
Account number: 870922389
Routing number: 322271627

This routing number can only be used for direct deposits and ACH transactions. For wire transfers, please use routing number 021000021.

If Client has not paid its invoice within 3 business days of the scheduled due date, then Client agrees to pay a late fee of .25% of the total amount due on a weekly basis until payment is received.

Failure to pay may result in temporary or permanent suspension of Services.

In the event that Creative Amplifier LLC incurs legal fees, costs, or disbursements in an effort to collect its invoices, in addition to interest on the unpaid balance, Client agrees to reimburse Creative Amplifier LLC for all such expenses.

4. PROCEDURE

The coaching meetings will be scheduled by the Client through the Coach's Calendly. All scheduled calls and will join the Coach's Zoom. If the Coach will be at any other link for a scheduled call, Client will be notified prior to the scheduled appointment time and will be reflected in the Google Calendar invite. 

5. CONFIDENTIALITY

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship is confidential. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any identifiable personal information pertaining to the Client without the Client’s consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. 

6. CANCELLATION POLICY

Client agrees that it is the Client's responsibility to notify the Coach of the cancellation at least 1 week in advance of the scheduled start time of January 10, 2023. Coach reserves the right to bill Client for a missed meeting.

7. RECORD RETENTION POLICY

The Client reserves the right to refuse call recordings. The Coach's record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship will be maintained by the Coach in a digital format for a period of up to 3 months. In the case that the Client wishes to keep any materials from the term of the Coach-Client relationship, the Client is responsible for downloading those materials. 

8. TERMINATION

By entering into this relationship, the Client and Coach acknowledge that the Client desires to make a behavioral change or some type of improvement in his or her life. Behavioral change often takes time to implement and sustain. The pace of change is uncertain and varies amongst individuals. As such, the Client and Coach agree to a minimum of a 3-month relationship. 

If the Client desires to terminate the relationship prior to 3 months, Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

9. LIMITED LIABILITY

Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

10. ENTIRE AGREEMENT

This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

11. DISPUTE RESOLUTION

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

12. SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

13. WAIVER

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

14. APPLICABLE LAW

This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws provisions.

15. BINDING EFFECT

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.  Please electronically sign this Client Agreement prior to the first scheduled coaching meeting.

SCHEDULE A

Coach agrees to provide Aligned x Design Group Coaching Services for Client focusing on:

- Clarifying and organizing the path to Client's definition of success in his/her life 

- Prioritizing key activities in order to prevent / overcome overwhelm

- Designing your brand and website with a strategic and consistent visual identity

- Building your business ecosystem with your offer structure, tools and support team

By participating in this program, you agree to the terms of services.