The Audacity Era: Agreement + NDA
This Agreement is entered into by and between: Olenka Cullinan, coach, founder of #iStartFirst, a Limited Liability Company, with a principal office 3260 N Scottsdale Rd, STE 21-391, Scottsdale AZ 85254 and the signer, Client (name entered below)
whereby Coach agrees to provide Coaching Services for Client focusing on the following topics/results/outcomes/goals outlined in the first 1- hour setup meeting.
Description of Coaching: Coaching is 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 Terms
1. 12 months of coaching via Zoom Online, Telegram channel support, in person retreats.
2. Access to Olenka Cullinan her team of experts via email and text messages - M-F, 9am-5pm (except for emergencies).
3. Complimentary access to any online Webinars and workshops (excluding Mastermind)
Terms and Conditions
1. Retainer and Payment. The Client shall make (1) non-refundable payment OR enter the payment plan + one hour on-boarding call.
2. Rescheduling. Due to the nature of this service no rescheduling is allowed (except for emergencies). All dates and times of the scheduled session are final. All Strategy session recordings will be provided.
3. Late Arrival. The coaching sessions shall begin promptly at the agreed upon start time.
4. Relationship. The Coach agrees to deliver the Client services as a work-for-hire independent contractor providing Coaching services. Nothing herein shall be deemed to constitute a partnership or joint venture between Coach and Client. Further, this Coaching services does not create a relationship beyond the confines of the Coaching services.
5. Confidentiality and Non-Disclosure. The Client understands that all materials, including but not limited to, price lists, contracts, financial documents, agreements, and other information or documents that are given to them in the course of the Coaching services are the exclusive property of the Coach and are privileged and confidential information. The Client shall not disclose, whether or not, the confidential information obtained from the Coach to anyone unless required to do so by law. Furthermore the Coach understands all materials shared by Client including but not limited to price lists, client identities, documents, financials, etc that are given to the Coach during this time shall remain confidential and secured.
6. Transfers/Refunds. The Coaching services fee(s) is non-refundable. The Coaching services fee MAY NOT be transferred to another Client.
7. Schedule. The Coaching services schedule is subject to change and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances.
8. Recordings. The Client shall not capture the Coaching session in any capacity, including but not limited to voice recording, tape recording, photography, etc. The Coach will not provide a recording due to the sensitive nature of the private sessions.
9. Cooperative Attitude. The Client shall retain a cooperative attitude throughout the course of the Coaching services. At any time the Client acts uncooperative the Coach shall terminate the Coaching services and retain all Coaching services fees. All unpaid Coaching services fees shall be remitted to the Coach within 7 days of contract termination or be subject to legal action. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Coach or a third party in reference to the Coaching services.
10. Intellectual Property. All information provided in the course of the Coaching services are copyright of the Coach.
11. Waivers. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.
12. Indemnification. The Coach shall be held harmless for any and all injury to Client and Client’s business and equipment during the course of the Coaching services and the immediately surrounding events.
13. Governing Law and Choice of Venue. This Agreement shall be governed by the laws of the Arizona without regard to its conflicts of law provisions. The parties may bring an action concerning this Agreement only in the state and federal courts for Arizona.
14. Attorney Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
15. Resolution. Client shall first approach Coach as to any issues related to the Coaching services. Failure to do so will result in termination of the Coaching services and forfeiture of all Coaching services fees. All unpaid Coaching services fees shall be remitted to the Coach within 7 days of contract termination or be subject to legal action.
16. Entire Agreement. This Agreement contains the entire agreement between the parties on its subject matter and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
1) Coach-Client Relationship
A. Coach agrees to maintain the ethics and standards of behavior.
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 with 30 day written notice. NO refund will be due.
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.
Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
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Coach:
Olenka Cullinan
Founder, #iStartFirst