3 months Private Coaching Agreement

I am so excited to begin working with you, but first, I want to make sure we are on the same page.

These terms serve as our agreement.  Please read it carefully.  If something does not align with your goals for our work together, please contact me so we may discuss how to move forward.

This agreement (“Agreement”) is made and entered into between and among Kim DiFillippo, hereafter referred to as “Coach,” owner of Both/And Motherhood Coaching, and yourself, hereafter referred to as the “Client.”

The purpose of this Agreement is to set forth the details of our coaching and mentorship relationship so that we are each clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.

Therefore, the Coach and the Client agree as follows:

TERMS: 

  • Client is purchasing the 3 month private coaching package.

  • This service includes the following:
    - Three (3) 60 minute 1:1 coaching calls per month (for a total of 9 calls)
    - Unlimited Telegram (voice, text, and video messaging app) support between calls.

  • All services will be offered over the course of three months, and package expires three (3) months from the date of the first 1:1 call.

  • Client agrees to cancel or reschedule a session more than 24 hours prior to scheduled session. If client does not reschedule prior to this time, that session will be forfeited. 


PAYMENT: 

  • The Client is receiving a scholarship for this package and agrees to pay $77 USD in total (package valued at $2,500).

  • Payment is required by 1 week before the date of the first call.

  • No refunds will be issued.

DISCLAIMERS: 

By participating in coaching services, mentorship, and/or consulting, Client acknowledges that Kim DiFillippo is not a psychologist, therapist, attorney, or financial advisor, and services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.

The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, sales, or potential profitability or loss of any kind that may be derived as a result of use of Coach’s website, programs, products or services.

TERMINATION:

Either the Client or the Coach may terminate this Agreement at any time with 30 days written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

CONFIDENTIALITY: 

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, coaching sessions, or otherwise. Client acknowledges that Coach may share confidential information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. 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 date of purchase shall survive the termination, revocation, or expiration of this Agreement.

RECORDING OF CALLS:

Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement.

INTELLECTUAL PROPERTY RIGHTS: 

In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.

DISCLAIMER OF WARRANTIES: 

The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.

INDEMNIFICATION:

Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.

DISPUTE RESOLUTION: 

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any 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 Clackamas County, Oregon, United States or via telephone. 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.

GOVERNING LAW: 

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon within The United States of America, regardless of the conflict of laws principles thereof.

GOOD FAITH: 

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.

ENTIRE AGREEMENT: 

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.