Designed To Thrive Coaching Terms & Conditions
This Agreement (the "Agreement") is entered into by and between Desi Creswell (Desi Interior Design) (“Coach”) and you (“Client”).
Coach agrees to provide Client with the services (“Services”) as outlined in this Agreement.
If Client wishes to extend or add Services, both Coach 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 any future agreement expressly supersedes it.
This Agreement may only be modified by agreement of both parties in writing.
Services
8 Virtual Sessions over the course of 4 months.
Sessions will be approximately 45 minutes in duration.
Written between Session coaching, reviews, and assignments.
Terms & Payment
This Agreement will begin upon acceptance. The investment for the coaching partnership is paid in 4 total monthly payments. The first payment is a non-refundable deposit and is due to secure the Coach's availability. The remaining payments will be due monthly. Sessions must be used within 5 months. Please ensure that you are on the schedule twice per month. Client is responsible for contracting Coach if special arrangements need to be arranged for a missed week.
Coach reserves the right to charge a late fee on all balances more than 15 days overdue at the maximum interest rate allowed by law. Client agrees to reimburse Coach for all collection and/or legal fees and expenses necessitated by lateness or default in payment. Coach also reserves the right to terminate this Agreement, and the Coaching relationship, should these fees not be paid.
Confidentiality
The Coach promises the Client that all information provided to the Coach will be kept strictly confidential, 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.
If Client wishes for Coach to speak to someone outside their interactions, then Client needs to give Coach written permission (original signed letter, e-mail, or client portal message) to do so.
Coaching Relationship
The Services to be provided by the Coach to the Client are coaching or tele-coaching, as designed jointly with the Client. Coaching, which is not advice, therapy or counseling, may address specific personal projects, business successes, or general conditions in the client's life or profession.
Throughout the working relationship, the Coach will engage in direct and personal conversations. The Client can count on the coach to be honest and straightforward in asking questions and making requests. The Client understands that the power of the coaching relationship can be granted only by the Client, and the Client agrees to do just that: have the coaching relationship be powerful. If the Client believes the coaching is not working as desired, the Client will communicate that belief and take action to return the power to the coaching relationship.
The Client understands that coaching works when they do the work and they agree to take ownership for their own progress not only during their coaching sessions, but also in between coaching sessions (this is where you apply what you learn). Client agrees that they are the expert in their own life and are fully responsible for any choices and decisions they make during their coaching relationship. They agree to not hold the Coach liable for any outcomes resulting directly or indirectly from the choices the client makes during the coaching process, including any results in their business.
Coach cannot and does not guarantee any particular results, financial, or business outcomes. Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Coach makes no guarantees regarding results, present or future. Coach is not responsible for Client's earnings, income, sales, or any other business performance as a result of this Agreement.
Client agrees that Coach 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 Coach’s performance of services (including, but not limited to, failure to perform in a timely manner).
Session Procedures
Sessions will last 45 minutes and will take place over Zoom. Coach will initiate the session. Where possible, sessions will take place at a set time and day, however can be adjusted as mutually agreeable. A 48 business hour cancellation/rescheduling notice is required for all scheduled sessions. Cancellation/reschedule requests made less than 48 business hours prior to your scheduled session will result in the forfeit of the coaching session that was reserved for you. If Coach or Client must reschedule the session at the last minute due to an emergency, the missed session will be rescheduled at no charge to the client.
Written support is included as a part of the package. Written support will include review of thoughts or other Client work and answering any questions that may arise between sessions. Coach reserves the right to notify the client that the topics may be covered more deeply in session. Coach will reply as promptly as possible during the week (Monday-Friday), within 24 hours, unless otherwise stated due to vacations or other conflicts. This support will not be available Saturday, Sunday, or holidays. In some cases the support may exceed this minimum at Coach discretion.
Termination
If Client has not yet started their package, Client must contact Coach in writing (via e-mail) at least two weeks prior to their initial session to cancel their Agreement (minus the non-refundable deposit equal to one monthly payment). In the event of the Coach’s termination, Client will receive a refund for the unused portion of the package, in the same form in which the payment was made. If for any reason Client wishes to end the Agreement please contact Coach in writing (via e-mail) at least 48 hours prior to the next coaching session. Client will not owe any additional payments to Coach beyond the termination date.
Coach encourages Client to close out the relationship in a conversation, either in a final session or a brief call over the phone.
Coaching Materials
Client acknowledges that Coach 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 our Agreement. Coach hereby grants Client permission to use these materials for Client’s own personal use only. Client agrees to not copy, share, sell, or distribute any of these materials to anyone else.
Non-Disclosure
In order to assist Coach in performing its obligations under this Agreement, Coach 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. Coach agrees to keep all Confidential Information strictly confidential and not to use or disclose this information to third parties unless Coach first obtains written permission from Client permitting disclosure of such information.
The non-disclosure provisions of this Agreement shall survive the termination of this Agreement and Coach’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.
Force Majeure
Coach shall not be deemed in breach of this Agreement if Coach is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, death, illness or incapacity of Coach or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Coach’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach 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.
Declaration
Client understands that they are working with Coach for professional life coaching at the agreed fee. Professional coaching is distinctly different from counseling, psychotherapy or psychoanalysis and does not deal with the diagnosis or treatment of emotional problems. Since professional coaching does not constitute medical consultation or treatment, health insurance does not apply. These fees may be considered deductible business expenses.
Coach is not a legal, tax, or financial professional, and cannot give you legal, tax, or financial advice. If, in Coach’s sole discretion, Client is requesting that Coach provide services outside the scope of this Agreement, Coach will decline and advise Client to seek help from the appropriate professional.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Coach is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Coach may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
Status
Client understands and agrees that Coach is providing the Services as an independent contractor. Nothing contained in this Agreement will constitute or be construed to be or create a partnership or joint venture between Coach and Client. Coach is not an agent or legal representative of Client.
Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Client acknowledges that there is an inherent risk in all forms of electronic communication, and communications between Client and the Coach which may be unlawfully intercepted by third parties not under our control. The Coach does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Coach are done at your own risk.
Limitation of Liability, Indemnity
Client agrees that Coach will not be liable to Client or any third party for any damages (including, without limitation, lost data, lost profits, incidental or consequential damages), that arises from Coach’s performance of services (including, without limitation, failure to perform in a timely manner).
Client agrees to indemnify Coach, and its owners, officers, employees, and agents, from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Coach’s performance of the Services, except to the extent such are caused by the sole fault or negligence of Coach.
Legal Disputes
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to its conflict of laws. The nearest state and federal court to Minneapolis, Minnesota shall have exclusive jurisdiction over any case or controversy arising from this Agreement, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
General Provisions
Client expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Minnesota, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect.
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.
The Client and Coach expressly agree that with respect to this Agreement, a facsimile or electronic signature or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged shall be binding upon the Parties. By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.