This Client Agreement (the “Agreement”), dated the date of completing the form (the “Effective Date”), is made by and between Sabiartistry, LLC (hereafter known as “Company” or “Coach”, and you, the purchaser (hereafter known as “Client”, and collectively, the “Parties”). The Parties agree to develop a coaching alliance to help Client define goals and establish plans to achieve these goals. To this end, I, (“the Client”) agree to work with Sabrina Suarez (“the Coach”). In evidence of my dedication, Client agrees to make an initial commitment of one, two-hour session for a total of $44 [Forty four US dollars]. The Coach will conduct coaching sessions either in person, via telephone (tele-coaching) or video conference, as designed jointly with Client.
SERVICES
Company agrees to provide [Specific Deliverables: e.g. Package Name: Revolutionize Your Relationships (herein referred to as the “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
AGREEMENTS.
Client calls the Coach at the scheduled time. Client pays coaching fees in advance. Client is responsible for any and all costs associated with calls to Coach.
DISCLAIMER.
Client understands and agrees that they are fully responsible for their physical, mental and emotional well-being during their coaching calls, including their choices and decisions. Client is aware that they can choose to discontinue coaching at any time.
Client acknowledges and understands that the services outlined in this Agreement are not health care services and that their Coach is not a health care provider or health professional. Client agrees to take all responsibility for and notify their coach of any health restrictions, concerns, and other issues that may impact sessions.
Client understands that coaching is a comprehensive process that may involve all areas of their life as applicable to their goals and desired outcomes. Client acknowledges that deciding how to handle these issues, incorporate coaching into those areas, and implement their choices is exclusively their responsibility. Client further understands that they must put in the necessary work and commitment in order to make change happen for themselves.
Client understands that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. Client understands that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and they will not use it in place of any form of diagnosis, treatment or therapy.
Client understands that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. Client will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. Client understands that all decisions in these areas are exclusively their own and they acknowledge that their decisions and their actions regarding them are their sole responsibility.
Client understand that certain topics discussed in their sessions with their Coach may be anonymously and hypothetically shared with other coaching professionals for training OR consultation purposes. Client will be forthcoming with requests and share in designing strategies that support them. If Client believes there are ways that our coaching relationship can be more effective, Client will communicate this to the Coach. Client agrees to provide 24-hour notice to cancel any session or otherwise be billed. Client understands that missed sessions not properly cancelled cannot be rescheduled. If for any reason the Coach believes that the Client would be better served by a resource other than the Coach, the Coach reserves the right to refer the Client elsewhere and/or cancel the relationship immediately.
PAYMENT
Client agrees to render payment via Stripe and understands that the full payment amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Company, he/she/they must complete payment in full before becoming entitled to any products or services included within Program.
REFUNDS
Company is not able to offer refunds once Client has purchased the Program. Client understands this provision, and agrees that he, she, or they are not entitled to a refund once payment has been issued to Company.
Client further agrees and understands that changing his/her/their mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she/they expected or desired, or experiencing any other similar situations does not entitle him/her/them to a refund.
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, Or otherwise, throughout the Term of this Program (“Confidential Information”). 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 Effective Date shall survive the termination, revocation, or expiration of this Agreement.
COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited. Company’s program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. Further, by purchasing, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
NON-DISPARAGEMENT.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
INDEMNIFICATION.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every 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 Franklin County, Ohio. 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 Ohio, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.
FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will provide professional support to Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.
Client agrees to these terms as of the date purchased. Client's completion of this agreement and purchase of this service indicates full understanding of, and, agreement with, the information outlined above.