Please read and fill out the following form.
This Coaching Agreement (this “Agreement”), dated effective as of the date that the first program payment is made in accordance with Section 3 hereof (the “Effective Date”), is made by and between Christner Strategies LLC (“Coach”) and the undersigned individual (“Client” or “You” and together with Coach, the “Parties”, and each a “Party”).
WHEREAS, Coach is in the business of providing coaching services related to life coaching (the “Services”); and
WHEREAS, Client desires to retain Coach to provide the Services, and Coach is willing to perform the Services under the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Coach and Client agree as follows:
1. Client-Coach Relationship
An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:
Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Minor specifically agrees to be open to coaching.
Coaching services are intended for individuals who are in generally good health, are generally well adjusted, are functioning effectively, and are not in need of medical treatment (including for mental health disorders). Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. Coach IS NOT serving in a capacity as a medical doctor. Coach is only serving as a life coach. This involves an individual assessment; goal setting; empowering thought, feeling and action identification to achieve client goals; and individual, group and/or retreat coaching. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary.
By participating in the coaching, you agree to accept personal responsibility for the results of your actions. You agree that Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.
The parties shall engage in coaching meetings as purchased by Client that will last 30 minutes and will be conducted via phone call or zoom. Client shall be responsible for scheduling these coaching sessions at mutually agreeable times as set forth below.
- Client can schedule 1 call/month for duration of coaching package. Client may not schedule more than 2 calls/month unless there is mutual agreement by BOTH Client and Coach. This agreement will be in writing via electronic communication.
- If the Client does not show to a session, that session will be forfeited.
- Frequent cancellations that result in not being able to schedule 1 call/month will result in forfeiture of missed sessions.
- Six session packages will terminate one year from the start date of services whether or not the client has scheduled six sessions.
- Twelve session packages will terminate 2 years from the start date of services whether or not the client has scheduled 12 sessions.
- No sessions can be made up after the conclusion of the package.
In consideration of the provision of the Services by the Coach, Client shall pay a single payment as specified on Coach’s website for the coaching package purchased with the specified number of sessions. Payment to Coach of such fees shall constitute payment in full for the performance of the Services. The coaching sessions will begin after the payment is made.
4. Procedure and Scheduling
Coach and Client will agree to a mutually agreeable time for the coaching meetings, and it will be the Client’s ultimate responsibility to schedule the coaching meetings. Coach shall initiate the coaching call at the agreed upon time by phone call or Zoom.
5. Cancellation Policy
You may not cancel an individual coaching session unless you do so at least 24 hours before it is scheduled to begin. Coach reserves the right to treat any meeting that Client misses or attempts to cancel less than 24 hours before it is scheduled to begin as a missed session that has been forfeited.
The Coach shall treat the relationship with Client, as well as all information shared by the Client, as confidential. Coach shall not voluntarily disclose the existence of the relationship or any information shared during the coaching sessions without the Client’s written consent. This includes that the Coach will not voluntarily disclose Client’s name as a reference without Client’s consent.
Client should be aware that a coach-client relationship does not give rise to privilege or any other legally protected confidentiality. That means that Coach could be ordered by a court to disclose information related to the relationship. Coach will notify Client of any legal request that would implicate Client’s information prior to disclosing it but may not be able to oppose disclosing the information.
Confidential information does not include information: (a) known to Coach prior to Client disclosing it; (b) that is generally known to the public; (c) obtained by Coach from a third party, without breach of any obligation to Client; or (d) that is or was developed independently by Coach without use of or reference to the Client’s confidential information.
This Agreement shall continue until terminated by one of the Parties. Fees are not refundable on any termination of this Agreement, and Coach shall continue to provide the Services purchased through the end of the period for which the fees have been paid. This Agreement will terminate automatically and be of no force or effect if Client fails to make payment for a coaching package as provided in Section 3.
8. Limitation of Liability
COACH’S LIABILITY TO CLIENT WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID TO COACH BY CLIENT. IN NO EVENT SHALL COACH BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
9. Entire Agreement
This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
11. Amendments; Extension of Agreement
No amendment to or modification of this Agreement will be effective unless it is in writing and signed by each Party. In the event Client purchases additional coaching packages or sessions, this Agreement shall automatically apply to such additional coaching packages or sessions unless otherwise this Agreement is terminated by either Party in accordance with the terms hereof or superseded by a new agreement executed by the Parties.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
13. Dispute Resolution
Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through arbitration to be held in Houston, Texas under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in any jurisdiction by suit on the judgment or in any other manner provided by law. This Agreement shall be governed by and construed in accordance with the laws of Texas without giving effect to its conflicts of law provisions.
14. Counterparts; Execution
This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Delivery of an executed counterpart by facsimile, photocopy, an electronic signature program (such as DocuSign) or e-mail transmission of an Adobe portable document format file (also known as a “PDF” file) shall be deemed delivery of an original executed counterpart for all purposes.