This Agreement is between:
Jessica Libor
[email protected] (“Coach”)
AND
(“Client”)
And is effective on the date signed up.
Agreed terms:
- TERM OF ENGAGEMENT
1.1. Client is engaging Coach as a Creativity, Mindset and Artist Business Coach to provide coaching services under the terms of this agreement.
1.2. This agreement will commence on the date Client signs this agreement and will continue for a duration of 6 months unless terminated by either of us giving 2 weeks’ notice to the other in writing to [email protected].
1.3. Should Client decide to terminate the agreement, then all sums payable under this agreement shall become due immediately. Refunds do not apply.
2. SERVICES
2.1. Client shall have access to the following:
2.1.1. Two one on one, 60 minute Zoom coaching calls with Coach
2.1.2. Accompanying worksheets and materials included in the Luminary Artist Academy pre-written course
2.1.3. Access to the Visionary Artist's Salon private facebook group
2.1.4. Email support in between coaching calls as reasonably required on Monday through Friday 9 am to 5 pm
3. DUTIES OF COACH
3.1. Coach shall provide the coaching services with due care, skill and ability.
3.2. Other than as set out in Clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the desires and efforts of the Coach’s clients, Coach cannot guarantee any particular results from the coaching sessions or Services or the course.
4. FEES
4.1. In consideration of Coach providing the Services to Client, Client will remit to Coach a total of $____ due in full.
4.3. Client shall be responsible for all travel, accommodation, computer, Zoom and other costs and all other expenses incurred by Client in connection with Client’s participation in the Sessions.
4.4. All Services will be suspended until payment has been made in full.
4.5. All sums payable under this agreement shall become due immediately on termination of this Agreement, despite any other provisions.
FOR POINTS 5 and 6, PLEASE SEE PRIVACY POLICY
7. OBLIGATIONS ON TERMINATION
7.1. If either of us give notice to terminate this Agreement pursuant to clause 1.2, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), Client shall make Client available for a final Session.
7.2. On or before the date of termination of this agreement, Client shall immediately pay any unpaid fees or other sums payable under this agreement.
7.3. Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us at the date of termination of this agreement, including the right to which existed at or before the date of termination.
7.4. Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: Articles 4, 5, 6, 7, 9, 10 and 11.
8. STATUS
8.1. The relationship between us will be that of independent contractor and nothing in this agreement shall render Coach or Client as an employee, worker, agent or partner of the other.
9. LIMITATION ON LIABILITY
9.1. Coach shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any other special, indirect, consequential or pure economic losses, costs, damages, charges or expenses suffered or incurred by Client as a result of Client entering into this agreement and Coach providing the Services.
9.3. If Coach materially and without good cause breaches this agreement or does anything improper in violation of law, then Coach’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the return of 50% of total price paid by Client for the Sessions.
9.4. If Coach is prevented from or delayed in performing her obligations by either Client’s acts or omissions, or by any circumstance, condition or event outside of Coach’s control (including sickness, injury, accidents, health problems, pandemics, wars, and other events that are generally considered to be a force majeure event), then Coach shall not be liable to Client for any damages, costs, charges or losses sustained or incurred by Client that arise directly or indirectly from such Client act or omission, or the force majeure event.
10. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS
10.1. Client acknowledges and agrees that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangements, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent).
10.2 In entering into this agreement Client has not relied on any pre-contractual statements, including any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of Coach or any other person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.
10.3 No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
10.4 A person who is not a party to this agreement shall not have any rights under this agreement.
11. GOVERNING LAW AND JURISDICTION
11.1. This agreement and any dispute or claim arising out of or in connection with it or the subject matter or formation of it (including non –contractual disputes or claims) shall be governed by and construed in accordance with laws of Pennsylvania. Any dispute shall be resolved by litigation in the courts of Philadelphia, PA.
12. COUNTERPARTS
12.1 This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
By agreeing CLIENT agrees to the terms and conditions of this contract.