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This Coaching Agreement is made between any Life Coach (“Coach”) who is operating under Kind Mind Solutions LLC as shown on the website www.kindmindsolutions.com and the individual purchasing coaching services (“Client”). Coach and Client are collectively referred to as the “Parties.”
1. PURPOSE
This Agreement outlines the terms and conditions under which the Coach will provide and Client will receive and pay for coaching services.
2. TERM
This Agreement becomes effective on the date the Client pays to book their first session with the Coach (“Effective Date”) and will remain in effect indefinitely, unless terminated in accordance with the terms outlined in Section 10.
3. COACHING SERVICES
The Coach agrees to provide the Client with Coaching Services, offering a personalized experience based on the Coach’s area of expertise as described on the aforementioned website.
Coaching Services include:
4. COACH RESPONSIBILITIES
The Coach agrees to:
5. CLIENT COMMITMENTS
To ensure a productive and supportive coaching experience, the Client agrees to actively participate throughout the duration of services. The Client agrees to:
Any requested information or materials must be submitted prior to the first coaching session. If the Client does not provide the necessary information in a timely manner, the Coach reserves the right to postpone upcoming sessions until the required information is received.
6. PAYMENT FOR SERVICES:
The total investment for coaching services will be determined by the number of sessions the Client purchases and the applicable rate for each session. The Client is responsible for determining their applicable rate using the Green Bottle Method, as outlined on the Kind Mind Solutions website.
Clients who wish to use a sliding scale rate may text 941-216-5576 with (1) the name of the Coach they would like to book with and (2) the sliding scale rate they are requesting. If that Coach has a sliding scale spot available, the Client will receive a promotional code by text, which may be applied at checkout when booking the first session. If no sliding scale spots are available, the Client may request to be added to the Coach’s waitlist or may move forward at the standard rate.
The rate determined for the Client’s first session with the Coach will remain the rate applied to all follow-up sessions. If a sliding scale rate is applied, the Coach reserves the right to request that the Client reassess their rate every four (4) months using the Green Bottle Method. This ensures that limited sliding scale spots remain available and accessible to eligible Clients, recognizing that financial circumstances may fluctuate.
Method of Payment:
All payments will be processed via credit card through Stripe.
Payment Schedule:
Missed or delayed payments may result in cancellation or delay of future sessions.
The parties acknowledge and agree that payment as provided in this Section shall constitute full and final compensation for all Services and rights granted under this Agreement.
7. REFUND POLICY
All payments under this Agreement are non-refundable. Client shall not be entitled to a refund for any reason, including but not limited to termination of this Agreement.
8. ATTENDANCE & CANCELLATION POLICY
9. THE COACHING RELATIONSHIP
10. TERMINATION
Either party may terminate this Agreement at any time by giving the other party 7 days written notice via email.
11. CONFIDENTIALITY
All information shared within the coaching relationship is considered confidential (“Confidential Information”) and will be handled with care and respect by the Coach. However, the Coach-Client relationship is not legally confidential like therapy, as coaching is not covered by HIPAA, and communications are not protected by legal privilege. Confidential Information may be disclosed only under certain circumstances, including if it becomes publicly known through no fault of the Coach; if the Client provides written consent; if disclosure is required by law, court order, or government authority; if the Coach reasonably believes there is an imminent risk of serious harm to the Client or others; or if illegal activity is involved. Additionally, the Client may be introduced to proprietary tools, systems, and strategies developed by the Coach (“Proprietary Information”), which the Client agrees not to share or disclose to any third party during or after the coaching relationship.
12. LIMITATION OF LIABILITY
Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching. In no event shall Coach be liable to Client for any indirect, consequential or special damages. Coach’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Coach under this Agreement. Additionally, Coach is not responsible for any technical difficulties with hardware, software, connectivity, or other technological aspects of electronic coaching sessions, and does not guarantee that the conferencing software, or group coaching sessions will be free from technical problems, available at all times, or work as expected.
13. COURT INVOLVEMENT POLICY
Kind Mind Solutions coaches do not provide evaluations, testimony, or legal documents for court or legal matters. Coaching is not intended for legal use. Client agrees not to request or subpoena Coach for court appearances, legal recommendations, or testimony. If legally required by court order signed by a Judge, fees start at $350/hour for all related time.
14. MISCELLANEOUS TERMS
Indemnification. Client, at Client’s expense, shall release, indemnify and hold Coach and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of any Work Product, unless due to negligence of the Coach.
Force Majeure. Coach shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, governmental order, pandemic or epidemic, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes.
Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to its principles of conflicts of law.
Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.
Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.
Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.
Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
No Insurance. As Coach is an independent Contractor, Client will not be required to provide Coach with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.
Dispute Resolution. Any disputes arising from this agreement will first be attempted to be resolved through mediation. If mediation is unsuccessful, disputes will be settled through binding arbitration in the state of Florida.
Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
15. ELECTRONIC SIGNATURE
Both the Coach and the Client agree that the Client’s payment to book the first session constitutes an electronic signature and brings this Agreement into full effect. This electronic acknowledgment holds the same legal validity as a handwritten signature.
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