Coaching Program Agreement
This agreement is entered into by and between: Joe Maddux (Coach), and the purchaser of this coaching package (Client) whereby Coach agrees to provide Coaching Services of fourteen (14) private coaching sessions of up to one (1) hour each within a period of 6 months, starting on the date of purchase.
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. Coaching is a non-therapeutic intervention intended for Clients who wish to enhance their performance or improve their work or personal situation.
1) Coach-Client Relationship
- Coach agrees to fulfill his/her responsibilities by attending coaching sessions as agreed, to select topics for discussions as mutually agreed to and planned by the Coach and Client, and to set and pursue meaningful goals with the Client.
- 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 that 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.
- Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
- 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, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychological 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.
- 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 The Complete FI Roadmap Six (6) Month Coaching Program through online meetings. Coach will be available to Client by email and online messenger (Voxer), as applicable, in between scheduled meetings as defined by the Coach.
3) Schedule and Fees
The total fee is $4,242 USD, if paid in full, or 7 monthly payments of $644 USD. Fees can be paid via credit card or debit card. All amounts paid hereunder shall be non-refundable once paid. Additional sessions can be scheduled as needed and rates will be at the discretion of the Coach.
All fees are in US Dollars.
If a payment plan is selected, the fee schedule will look as such:
PURCHASE DATE - Fee $644 USD
1 month from PURCHASE DATE - Fee $644 USD
2 months from PURCHASE DATE - Fee $644 USD
3 months from PURCHASE DATE - Fee $644 USD
4 months from PURCHASE DATE - Fee $644 USD
5 months from PURCHASE DATE - Fee $644 USD
6 months from PURCHASE DATE - Fee $644 USD
The private calls shall be up to 60 minutes. If rates change before this agreement has been signed and dated, the prevailing rates will apply.
4) Procedure
The time of the group coaching meetings and/or location are determined by the Coach and scheduled by the Client. The Coach will meet the Client through the Coach’s personal ZOOM meeting.
The Client agrees to schedule all the sessions during the coaching program. Scheduling of sessions will be performed online.
Cancellation & reschedule policy: If the Client reschedules a session and there is another opening during that same week (calendar M-F), the change will have no effect on the coaching program. Sessions are available on a first-come, first-served basis to all clients, so if there are no openings that fit the Client’s schedule, the session is forfeited and canceled.
The Client is allowed one (1) cancellation per calendar year. A second cancellation will result in the Termination of Coaching Services, per section 7 of this agreement.
The coaching period ends 28 weeks from the date of purchase.
Unused coaching sessions do not roll over after the coaching period has ended. Unused sessions have no cash value. Sessions not used within the coaching period will be forfeited.
5) Confidentiality
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 information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s written 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 the use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by a 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) Refund Policy
The client understands that refunds are not available due to the commitment of this contract. Due to the nature of this type of coaching agreement, there will be no refunds or cancelations. There are no cancelations or refunds under any circumstance.
7) Termination of Coaching Services
Either The Client or Coach may terminate this Agreement at any time with three (3) days written notice. Client agrees to compensate the Coach for all coaching services for the entire term of the agreed-upon coaching package.
8) 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. The Client agrees that using any of these life coaching services are entirely at their own risk. Business coaching services are provided "as is" without warranty of any kind, either expressed or implied, including without limitation any warranty for information services, coaching, uninterrupted access, or products and services provided through or in connection with the service. This service is requested at the client's own choice and with inherent singular responsibility. The client takes full responsibility for the decisions they make after being coached as well as the consequences. The client enters into coaching with full understanding that they are responsible for creating their own results.
9) 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.
10) 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.
11) 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. Client agrees to release, waive, acquit and forever discharge Joe Maddux and Level Up Financial Coaching, LLC, their agents, successors, assignees, personal representatives, executors, heirs and employees from every claim, suit, action, demand or right to compensation for damages Client may claim to have or that Client may have arising out of actions, omissions, or commissions taken by the Client or by the Coach as a result of advice given by or otherwise resulting from the coaching relationship contemplated hereunder. The Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to the Client to enter into this release. The release made pursuant to this paragraph shall bind the Client’s heirs, executors, personal representatives, successors, assignees, and agents.
12) Earnings Disclaimer
In this agreement, there are no guarantees concerning the level of business or financial success Client may experience in this program. There is no guarantee that the Client will make any income at all accepts the risk that the earnings and income levels differ by individuals. The use of our information, products, and services should be based on Client’s own due diligence, and Client agrees that the Company is not liable for any success or failure that is directly or indirectly related to the purchase of this coaching program. As with any business or financial effort, the Client’s results may vary and will be based on their individual capacity, experience, knowledge, expertise, and level of desire.
13) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Montana without giving effect to any conflict of laws provisions. Montana is the governing state for this agreement. A party's failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.
14) Arbitration
Any controversy or claim arising out of this Agreement (whether contract, tort, or both), or the breach of this Agreement shall be arbitrated in Missoula, Montana, in accordance with the then-existing applicable Rules of the American Arbitration Association. The award of the arbitrator(s) shall be final and binding on the parties, and judgment upon the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs, attorneys’ fees, and its share of arbitration fees. This Arbitration provision does not constitute a waiver of the parties’ rights to a judicial forum in the instances where arbitration would be void under applicable law.
15) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns.
By purchasing this coaching program, the Client acknowledges that they have read and agree to the terms and conditions presented above.