Jillian Faldmo Coaching
Vigilant Healing Solutions, LLC
COACHING SERVICES AGREEMENT
To download a copy of this agreement, click here
This Agreement (the "Agreement") is entered into by and between JILLIAN FALDMO COACHING (“Provider”) and YOU (“Client", "you” or “your”).
Provider agrees to provide Client with the following services (“Services”):
COACHING
Provider and Client agree to engage in a twelve week coaching program through twelve meetings (via Zoom and Kajabi platform) and email support.
If Client wishes to extend the coaching relationship, both Provider 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 The terms of this Agreement will continue to apply unless superseded by another agreement in writing.
- The Coach-Client Relationship and Responsibilities
The coaching relationship is co-creative, meaning that the Provider and Client are equal partners in the coaching process. Provider agrees to serve as your business and life coach. Coaching is designed to help you access the thoughts and emotions that will drive inspired action to create the results you want. Coaching is an alliance between the coach and the client.
Provider Responsibilities:
- Provider is committed to helping you grow your practice.
- Provider will teach you tools that you can use to improve your business strategy.
- Provider will provide marketing training and strategy.
- Provider will answer questions through emails, private message and during scheduled coaching calls.
Client Responsibilities:
- You agree that you are completely responsible for your well-being and your mental and physical health care – during, after, and between sessions.
- You agree that you are the expert in your own life and business, and are fully responsible for any choices and decisions you make during your coaching journey.
- You agree not to hold Provider, or any company Provider is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the coaching process.
Provider does not provide any financial, legal, medical, or psychological services or advice.
Provider cannot and does not guarantee any particular results, financial, or business outcomes as a result of this coaching relationship.
- Fees and Payment Schedule.
Client agrees to the following fees and payment schedule:
Total package price of $1,997
Client agrees to pay the entire balance of the fee. Provider reserves the right to charge a late fee on all balances more than 30 days overdue. Client agrees to reimburse Provider for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Provider 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 Provider and any company that Provider is affiliated with permission to automatically charge your credit or debit card for all fees and charges due and payable to the Provider, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Provider and any company that Provider 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).
Sessions will last 45 minutes and will take place by Zoom. Where possible, sessions will take place at a set time and day, however, sessions can be adjusted as mutually agreeable.
A 24-hour cancellation notice is required for all scheduled sessions. Cancellation requests made less than 24 hours prior to your scheduled appointment will result in a $50 charge or forfeit of the coaching session that was reserved for you. If Provider must reschedule the appointment last minute due to an emergency, the missed appointment will be rescheduled and an additional 30-minute coaching session will be added as a courtesy.
Email and private message support is included as a part of the Services. Support will include review of a daily check in submitted by Client as well as discussion of homework assignments, review of thoughts, and answering any questions that may arise in between sessions. Coach will reply to a minimum of one message per day during the week (Monday – Friday). Support will not be available on Saturday, Sunday, or holidays. In some cases, support may exceed this minimum.
Sessions will be scheduled by the Client through jillianfaldmo.com and Client will receive a separate welcome letter and be able to review the agenda and prepare for each session.
- Ownership and Grant of Rights.
- Provider’s Intellectual Property Rights
Client acknowledges that Provider 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 the performance of the Services. Provider 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.
Client guarantees that it owns all right, title, and interest, or has the right to permit use of, all Client Content provided to Provider for use in the Services. Client further guarantees that Client Content does not infringe the rights of any third party, and use of the Client Content in connection with the Services does not and will not violate the rights of any third parties. Client shall comply with the terms and conditions of any licensing agreements that govern the use of Client Content not created by Client, and will disclose those terms and conditions to Provider at the time any licensed Client Content is provided to Provider.
- Your License to the Company; Use in Testimonials and Marketing
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions in public community forums, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You also grant Provider the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
If Client wishes to change the scope of this Agreement or the list of deliverables, Provider requires that Client put all requests in writing or email so Provider can keep track of changes. Client agrees to pay for all changes at Provider’s then-current hourly rate, or another agreed rate, which will be invoiced to Client. Requests for additional services may affect the Services timeline and delay the completion date or require rush fees.
- Termination, Refund Policy.
Either party may terminate this Agreement by providing five (5) days written notice to the other party. If Client is not satisfied with the coaching services and would like a refund, Client needs to submit a written request that includes copies of completed worksheets from the Planting the Seeds for Success video training series.
Provider may consider a refund, but a refund will not be guaranteed.
Client agrees that Provider 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 Provider’s performance of the Services (including, but not limited to, failure to perform in a timely manner).
- Non-Disclosure and Confidentiality:
In order to assist Provider in performing its obligations under this Agreement, Provider may have access to some of Client’s confidential information. For purposes of this Agreement, “Confidential Information” includes all information or material that has or could have commercial value or other utility in the business in which Client is engaged, or to Client’s customers or their business, and which is not generally known to the public. Confidential Information does not include content you submit or post in the course of a program or service offered by Provider or any third-party forum or website operated by the Provider, or anything captured by Provider during your participation in the program public forum (i.e., group calls), including images in which your face is visible and recognizable as contemplated in Section 6(e) of this agreement.
Provider agrees to keep all Confidential Information strictly confidential and not to use or disclose this information to third parties unless Provider first obtains written permission from Client permitting disclosure of such information, except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that Provider-Client communications are not covered by any doctor-patient privilege or other privilege
The non disclosure provisions of this Agreement shall survive the termination of this Agreement and Provider’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer has or could have commercial value or other utility in the business in which Client or its customers are engaged, or until it becomes publicly known.
- Diversity, Equity and Inclusion; Client Conduct.
Provider 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.
Provider 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.
Provider reserves the right to terminate this Agreement and any Services, without refund, if Client, or Client’s employees, representatives, agents, founders, members, owners, managers, directors, 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 that are in under-represented or marginalized groups, or individuals on Provider’s team.
Provider shall not be deemed in breach of this Agreement if Provider is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Provider or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Provider’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Provider shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services or other accommodations or may terminate this Agreement.
This Agreement will be governed by the laws of Oregon. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Sisters, OR 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 their execution, the parties hereto have read, understood and agreed to all of the terms and conditions of this Agreement:
By clicking on the box at checkout, you are providing the electronic equivalent of your signature and assert that you have read, understood and agree to this entire document. If you do not agree with the terms of this Agreement, do not purchase these Services.
Updated on June 16, 2023