KiN Service Agreement
This Client Agreement (the “Agreement”), dated as of date of purchase made (the “Effective Date”), is made by and between Ella Cotterell (hereafter known as “Company” or “Coach”) and Purchaser (hereafter known as “Client”, and collectively, the “Parties”).
Company provides Feminine Embodiment Coaching (“Services”); and WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
SERVICES. The company agrees to provide Feminine Embodiment Coaching, a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Clients in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals (herein referred to as the “Program”). The client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
DISCLAIMER. The client understands Coach is not an employee, agent, lawyer, doctor, registered dietician, psychotherapist, nutritionist, psychologist, agent, publicist, accountant, financial planner, lawyer, therapist, or other licensed or registered professional. The coach will not act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy. The client understands this membership will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition, or other physical or mental ailments of the human body. The Client understands if they should experience any such issues they should see their registered physician or other practitioners as determined by their own judgment. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client's life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any lifestyle (including dietary) changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Clients understand that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals. The company promises that all information provided by the Client will be kept strictly confidential, as permissible by law.
PROGRAM STRUCTURE. This membership runs on a month-to-month basis. The membership will be delivered via a combination of online meetings, platform access, email access, and messaging access. Company’s requests for Client’s participation in the Program: Commit to the activities set forth inside the membership, and do what you have agreed to do. Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate, and take action to return the power to the relationship.
TERM. This membership runs month-to-month and begins on the date you submit your first payment (“Term”). The client understands that a relationship with the Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
TERMINATION. The company is committed to providing all clients in the membership with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms. If the Client decides to terminate this Agreement, no refunds will be issued.
PAYMENT. The total price of the membership is outlined upon purchase. Clients may pay by monthly or three-monthly installments which are direct debited from the account. The client grants the Company the authority to charge the card(s) provided on the same date of each month. If payment is not received, the Company reserves the right to suspend Services until payment is complete.
REFUNDS. The client is responsible for full payment of fees for the entire membership, regardless of whether the Client completes the membership. To further clarify, no refunds will be issued.
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, Or otherwise, throughout the Term of this membership (“Confidential Information”). 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 Effective Date shall survive the termination, revocation, or expiration of this Agreement. The client also agrees to have all calls recorded and stored on the site platform.
COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION. Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
NON-DISCLOSURE OF COMPANY MATERIALS. Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted, and developed specifically for Company. The client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited. The company’s program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. The client is not authorized to use any of the Company's intellectual property for the Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
NON-DISPARAGEMENT. The client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. The company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
INDEMNIFICATION. Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, arising out of or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the Resolution Institute. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Sunshine Coast, Queensland. 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 legal 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 Queensland, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS. This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
COUNTERPARTS. This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
SEVERABILITY. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
ASSIGNMENT. This Agreement may not be assigned by either party without the express written consent of the other Party.
FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Commonwealth or State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the Affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
CLIENT RESPONSIBILITY; NO GUARANTEES. The client accepts and agrees that the Client is 100% responsible for its progress and results from the membership. The company will help and guide the Client; however, participation is the one vital element to the membership’s success that relies solely on the Client. The company makes no representations, warranties, or guarantees verbally or in writing regarding the Client’s performance. The client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, the Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. The company makes no guarantee other than that the Services offered in this Program shall be provided to the Client in accordance with the terms of this Agreement.
By purchasing this membership, The Parties, intending to be legally bound, have executed this Client Agreement as of the date of purchase.