By making a partial or full payment you (the “Client”), are entering into a coaching agreement with KX Enterprises LLC, DBA Productivity Giant, located at 16 Golf View Drive Voorhees, NJ 08043 (herein referred to as the “Coach”) This agreement is effective on the date of the first payment and applies to the initial coaching engagement and all future renewals and engagements.
Purpose of Agreement: The purpose of this Agreement is to develop a coaching relationship between the parties in order to cultivate the Client’s personal, professional and/or business goals with the ultimate result of maximizing the Client’s personal and/or professional potential
Coach-Client Relationship – Duties & Responsibilities. A business coaching relationship is a partnership between two or more individuals or entities. This relationship is not a legal partnership, instead more like a teacher-student or coach-athlete relationship. Each party must uphold their obligations for the coaching relationship to be successful.
- Coach agrees to maintain the highest ethics and standards of behavior
- Client agrees to communicate honestly, be open to feedback and suggestions, and to fully engage and devote himself/herself to the coaching process.
- Client acknowledges and agrees that coaching is a comprehensive process that may explore different areas of his/her life, including work, finances, health and relationships, but it is ultimately the Client’s decision how he/she incorporates coaching into each aspect of life.
- Client is solely responsible for implementing the techniques discovered through coaching.
- The Coach or a qualified staff member will give their best professional effort to answer email support questions (when part of the coaching package) as quickly as possible, but the Coach can not guarantee response times.
- The Coach will give their best professional effort to participate in all scheduled group calls, but will have to reschedule from time to time due to illness or other professional/personal obligations. Rescheduled calls will be announced as far out in advance as possible.
Session Cancellation Policy. Client and Coach agree to notify each other at least 24hrs in advance of any scheduled session that he/she needs to cancel.
Both parties will do everything reasonable not to miss sessions. If the Client reschedules more than 2 sessions, the Coach has the right to charge for future rescheduled sessions at his discretion. If the Coach reschedules more than 2 sessions, the Client has a right to a prorated monetary refund for future sessions that are rescheduled at their discretion. All sessions not used within 12 months of the 1st session will be forfeited unless agreed to prior in writing.
Refunds: Client can receive a full refund within 30 days of the execution of this agreement or within 5 days of the completion of the 1st individual coaching session, whichever comes later. The Client is also entitled to a full refund if the Coach fails to deliver on, in good faith, the terms of this agreement.
Limited Liability. Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. Client agrees that the Coach is not liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the Coach.
Through online resources, group coaching calls and in some cases individual sessions, The Coach, will give their best professional effort to help the client increase their current business and/or reach their professional goals, however results cannot be guaranteed. The Coach's advice is their opinion, but the final decision to incorporate any advice, ideas, copy, resources etc. is that of the clients and the client will be responsible for these decisions. The client has the right and responsibility not to incorporate advice they don’t believe will help them.
Any opinions expressed by outside parties on group calls or at group events are their opinions, but the final decision to incorporate any advice, ideas, copy, resources etc. is that of the clients and the client will be responsible for these decisions.
Neither party will be liable to the other party for monetary or other damages incurred from information that is exchanged in good faith.
Entire Agreement. This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or enforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the state where both Parties reside, without giving effect to any conflicts of laws provisions. If the Parties reside in different states, this Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflicts of laws provisions.