Mary Tran Life Coach LLC

CLIENT COACHING AGREEMENT 

 

 

This Agreement (the "Agreement") is entered into by and between Mary Tran Life Coach LLC (“Coach”) and the payor of this service (“Client”, “you” or “your”).

 

  1. Services

 

Coach agrees to provide Client with the following services (“Services”):

 

Online Self Study Course

 

If Client wishes to extend the coaching relationship, both Coach and Client must agree in writing (including by e-mail) to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.

 

  1. The Coaching Relationship; Client and Coach Responsibilities 

 

The coaching relationship is co-creative, meaning that the Coach and Client are equal partners in the coaching process. Coach agrees to serve as your charting coach. Coaching is designed to help you change the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results so that you can be more efficient in clinic.  Coaching is an alliance between the coach and the client. Client agrees to go through self-study modules and apply what is taught.  Coach cannot, and does not, guarantee particular results.

 

If Client wishes to extend the coaching relationship, both Coach and Client must agree in writing (including by e-mail) to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.

 

Client Responsibilities:


 

Although Mary Tran is a physician and other employees or contractors of the company Coach is affiliated with may be healthcare professionals, your coaching relationship does not establish a doctor-patient or similar relationship of any kind between you, the company Coach is affiliated with, employees or contractors of the company Coach is affiliated with, or Mary Tran. 

 

Coach does not provide any financial, legal, medical, or psychological services or advice. Coaching does not prevent, cure, or treat any mental or medical condition. Coaching is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions, and results. You should consult with a professional, independent of the coaching relationship, if you have specific questions about your own unique situation. Coach and any company that Coach is affiliated with, disclaims any liability for your reliance on any opinions or advice received as part of the coaching relationship.

 

You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

 

Coach cannot and does not guarantee any particular results, or financial or business outcomes as a result of this coaching relationship.

 

  1. Fees and Payment Schedule

 

Client agrees to the following fees and payment schedule:

 

Coach reserves the right to charge a late fee on all balances more than 15 days overdue at the maximum interest rate allowed by law. Client agrees to reimburse Coach for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

Coach also reserves the right to terminate this Agreement, and the coaching relationship, should these fees not be paid.

 

If paying by debit card or credit card, you give Coach and any company that Coach is affiliated with permission to automatically charge your credit or debit card for all fees and charges due and payable to the Coach, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Coach and any company that Coach is affiliated with is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

 

Either party may terminate this agreement by providing notice in writing (including by email). Coach requests Client provide at least 72 hours notice of termination prior to your next scheduled coaching session.


 

In the event of termination by either party, Client will receive a pro-rated refund for any unused sessions in the same form in which the payment was made shortly after termination.

 

Coach does not control its payment processor and will not be able to expedite any refunds.

 

In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing coaching, Coach has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any coaching and no refunds will be provided to you. By using and/or purchasing coaching, you understand and agree that, except for the limited refund period described above, all sales are final and no refunds will be provided.

 

In the event of termination, Client’s access to the coaching materials, as defined below, will be immediately terminated upon notice of termination.

 

  1. Coaching Materials

 

Client acknowledges that Coach owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during our coaching relationship. Coach hereby grants Client permission to use these materials for Client’s own personal use only. Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.

 

  1. Diversity, Equity and Inclusion; Client Conduct. 

 

Coach is committed to social justice, including LGBTQ rights, women’s rights, and civil rights, and provides Services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities. 

 

Coach does not tolerate or support discriminatory speech, hate speech, comments or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels, or any physical, mental, or emotional abuse. 

 

Coach reserves the right to terminate this Agreement and the coaching relationship, without refund, if Client, or Client’s employees, representatives, agents, founders, members, owners, managers, directors, or officers engages in, encourages, demonstrates, or communicates statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on Coach’s team, or that are in under-represented or marginalized groups.

 

Client is strictly forbidden from harassing, fighting with, or being disrespectful to Coach’s other clients or potential clients.

 

If, in the Coach’s sole discretion, Client’s conduct violates this paragraph in any way, Client agrees that the Coach may immediately terminate this Agreement and the coaching relationship.

 

  1. Limitation of Liability, Release

 

Client agrees that Coach will not be liable to Client or any third party for any damages (including, but not limited to, lost data, lost profits, incidental or consequential damages), that arise from Coach’s performance of coaching (including, but not limited to, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the coaching shall be the sole responsibility of Client. Client agrees to indemnify Coach and its owners, officers, employees, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Coach’s performance of the coaching, except to the extent such are caused by the sole fault or negligence of Coach.

 

  1. Force Majeure 

 

Coach shall not be deemed in breach of this Agreement if Coach is unable to complete or provide coaching or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of Coach and any company that Coach is affiliated with or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond Coach’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing or providing the coaching and shall propose revisions to the schedule for completion of the coaching or other accommodations, or may terminate this Agreement.

 

  1. General Provisions

 

This Agreement will be governed by the laws of California. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to San Diego, CA, and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation shall be entitled to recover its attorneys’ fees and costs from the other party.

 

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.

 

By clicking on the box when signing up for Coaching, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these Terms, do not purchase or use Coaching.