This Client Agreement (the “Agreement”), dated ______________________ (the “Effective Date”), is made by and between FIREBELLY Inc. (hereafter known as “Company”, “I” or “Coach” and ______________________, (hereafter known as “Client” or “you”, and collectively, the “Parties”).
Company agrees to provide GLORIOUS GUTS TOTAL RESTORATION 90-DAY PRIVATE COACHING PROGRAM (herein referred to as the “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
I have used care in preparing the information provided to you, but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that I am not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program.
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client's life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
Client understands Coach is not an employee, agent, lawyer, doctor, registered dietician, psychotherapist, nutritionist, psychologist, or other licensed or registered professional. Coach will not act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands this Program will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
3. PROGRAM STRUCTURE.
- This Program is 90 days starting [START DATE]
- Session One: 80 minute Health Perspective intake
- Sessions Two – Twelve: 50 minute online/phone sessions
- Email support as needed once weekly
- 12 ten-minute emergency calls as needed
- Redemption period for all twelve coaching sessions shall be ____ days
Expectations and Guidelines:
I, Paula Springer, will do the following:
- Come fully resourced and prepared to serve you.
- Devote my full attention to you during our time together.
- Serve as your accountability partner and supporter.
- Stretch you outside of your comfort zone.
- Offer support, encouragement, feedback and guidance.
You, my treasured client, are asked to do the following;
- Show up on time without distractions.
- Give 100% of your effort and fully commit to the Program.
- Come fully prepared for our time together.
- Use your best efforts to complete all action steps.
- Promptly provide payment for the Program.
- Be open to new ideas and willing to stretch and grow.
- Ask any questions you may have as they arise.
- Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate and take action to return the power to the relationship.
Rescheduling: If you need to reschedule an appointment, you need to do so at least 48 hours in advance of your scheduled time by TEXTING OR PHONING ME at 503-515-4427. For greater than 48 hours change notice, an e-mail to me at email@example.com will suffice.
Cancellation: Our time together is important. If you need to cancel your appointment, I request that you to do so at least 48 hours in advance of your scheduled time by phoning, texting or sending an e-mail to me so that I may rebook the time in a responsible and efficient manner. If you do not contact me at least 48 hours in advance, this may be considered a missed appointment unless it is an unforseeable emergency. I will make every effort to consider the circumstances that may be outside this request for notice.
Missed Appointment: There can be a rare occasion where you miss your appointment altogether or you forget to let me know at least 48 hours in advance that you need to cancel or reschedule, so you are allowed 1 “Get Out of Jail Free” missed appointment. However, you are only permitted to miss 1 appointment during the Program. If you miss more than 1 appointment, your Program will automatically terminate and you will not have the opportunity to reschedule or to receive a refund.
This Program is THREE months long and begins on [START DATE] (“Term”). Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms. If Client decides to terminate this Agreement, no refunds will be issued.
Full price of this Program is $1797.00 unless purchased within the promotional period. Client may pay by 3 monthly installments of $619.00 through PayPal, debit or credit card. If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Program without any additional authorization, and you will receive an electronic receipt. If I choose to provide you with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program will be put on hold until payment is made. If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3 day grace period to make the payment following the due date, otherwise your Program will be put on hold. If no payment is made within the 3 day grace period, the Program will automatically terminate and you will no longer be granted access. [PAYMENT TERMS MAY BE ADJUSTED AS YOU NEED]
It is Company’s intention for Client to be happy with the Program. However, because Company has invested considerable time and effort in delivering the Program specifically to the named Client, if Client decides to withdraw at any time for any reason, Client is still fully responsible for making all Program payments, and no refunds will be provided.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
9. COMPELLED DISLCOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
10. INTELLECTUAL PROPERTY RIGHTS.
Company retains all ownership and intellectual property rights to the Program content and materials provided to Client through the Program, including all copyrights and any trademarks belonging to Company. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
If there is a dispute between the Parties, Client agrees to not publicly or privately make any negative or critical comments about the Program, Company’s business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms the Company’s reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
All correspondence or notice required regarding the Program shall be made to me by e-mail at firstname.lastname@example.org and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change so your receipt of information and service via email is not interrupted.
14. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in PORTLAND, OR. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
15. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of OREGON regardless of the conflict of laws principles thereof.
16. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
21. FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
22. CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.
[Signature Page to Follow]
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Client Agreement as of the date first indicated above.
F I R E B E L L YInc. [CLIENT]
By: ___________________________ _____________________________
Paula Springer, President and CEO