The NEL X LLC [eXperience]

 

Coaching Agreement – Terms of Services

 

PARTIES

• This Coaching Agreement – Terms of Services (hereinafter referred to as the “Agreement”) is entered into on ________________ (the “Effective Date”), by and between Beranese Nel, with an address of 1235 East Blv., Ste. E PMB 1479, Charlotte, NC, 28203 (hereinafter referred to as the “Coach”) and ________________with an address of ________________ (hereinafter referred to as the “Client”) (collectively referred to as the “Parties”).

PURPOSE OF THE AGREEMENT

• The Purpose of this Agreement is to enter a Coaching relationship between the Coach and the Client, whereas Client is desirous of implementing coaching services into the Client’s [agreed upon program]
• The Coach will train the Client based on the agreed upon professional and/or business program and/or
• The Coach will guide the Client and cultivate his/her/their personal goals.
• The Coach will also create a plan to carry out the goals mentioned in this Agreement to maximize the Client’s personal and/or professional potential.

TERM

This Agreement shall enter into force on the date of the last signature by the Parties. It shall remain in force for a period of ________________.

This Agreement may be renewed only by the written consent of the Parties.

RESPONSIBILITIES AND DUTIES OF THE COACH TOWARDS THE CLIENT

• The Coach will provide the following program/services [agreed upon program]

 

 

RESPONSIBILITIES AND DUTIES OF THE CLIENT TOWARDS THE COACH

Please note that results always vary. Strong results depend on your/the groups’ input and participation as well as your/the group’s short or long-term commitment as the Client. The Client or Client’s representatives is expected to attend all the sessions fully and complete the tasks shared by the Coach after the session or at the beginning of the program, when warranted. Some of these tasks may be time-sensitive and the Client or the Client’s representatives is therefore expected to complete them within the timescales required.

 

PAYMENT FOR SERVICES

• The Client will pay the Coach an amount of ________________ for the performance of the Services (hereinafter referred to as “the Fee”).
• Whereas the Coach will invoice the Client on the final business day of the first full month after the Coach’s initial assignment and at the end of each month thereafter.
• Failure to pay on time will result in pausing or revoking the Coach’s services. Your sessions may be postponed. If failure to settle the amounts due to persists, the Coach may opt to terminate this agreement without any notice or consequences.

 

CONFIDENTIALITY

• All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Client, unless the disclosure is required pursuant to process of law.

• Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Coach.

CANCELLATION POLICY

• Whereas the Client agrees that it is his/he/their responsibility to notify the Coach a min of 24 hours or within 48 hours prior to engaging in the scheduled training,calls and/or meetings.
• For personal coaching services: The Coach reserves the right to bill the Client for a missed meeting if not cancelled within 24 to 48 hours as agreed to.
  • The Coach will attempt in good faith to reschedule the missed meeting.
  • Failure to show up for your session will carry a 50% charge for the said session unless the Coach is notified up to 48 hours in advance. Please make sur you postpone calls at least 48 hours in advance when this is necessary. In case of emergencies and unforeseen circumstances, you may be excused from the 50% fee once you provide evidence of the problem. The Coaching services are provided by the Coach to the Client using online conferencing software and supported through text messaging and email.

INTELLECTUAL PROPERTY

• Hereby, the Client agrees that any intellectual property provided to him/her by the Coach will remain the sole property of the Coach, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.          

PRIVACY AND COPYRIGHT

• Throughout the working relationship, the Coach and Client may engage in personal conversations, information may be shared during these sessions and in confidence, both parties are to keep this information strictly confidential unless written permission nis south to use as a case study or testimonial.
• All materials presented by the Coach in pdf, or another digital format cannot be shared with any other Coach, friend, colleague, family member or acquaintance. They are for the sole use of the Client attending the sessions.

EXCLUSIVITY

• The Parties agree that this Coaching Agreement – Terms of Service is not an exclusive arrangement and that the Coach is entitled to enter into other similar agreements with other Clients.

LIMITATION OF LIABILITY

• The Client understands that Coaching is not a substitute for therapy and the Coach will not diagnose or treat disorders.
• The Client understands that success is based solely on the Client’s responsibility for the outcomes of the coaching journey, and success will depend on how the Client implements the advice and/or guidance of the Coach.
• In no event shall the Coach be liable for any damages for any indirect, consequential or special damage of any kind.
• The Coach, hereby, 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.

 

 

SEVERABILITY

• In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.

GOVERNING LAW

• This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, USA.

ALTERNATIVE DISPUTE RESOLUTION

• Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to arbitration/mediation/negotiation (circle one) in accordance with, and subject to the laws of the State of North Carolina, USA.

TERMINATION

• The Client and Coach agree to provide each other with a 10-day notice in the event that either party may wish to terminate the Coach program. In such cases, prepaid fees will not be refunded.

ATTORNEY FEES        

• In the event of any dispute between the Parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

 

ENTIRE AGREEMENT

• This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

 

AMENDMENTS

• The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement.
• As such, any amendments made by the Parties will be applied to this Agreement.      

 

SIGNATURE AND DATE

• The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated by their signatures below:

CLIENT Name:____________________________ Representing:______________________ (Self or Company name) Signature:_________________________ Date:_____________________________

COACH Name: Beranese Nel Signature:_________________________ Designation: CEO of The Nel X LLC Date:_____________________________

 

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