By executing where indicated below, you agree to the following terms and conditions (“
Agreement”):
- PARTIES. Thyme & Place Design, LLC, a New Jersey limited liability company (the “Coach”) and You (the “Client”)
- PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to enter a coaching relationship between Coach and Client, where Coach will help create a new strategy for success in Client’s business
- SERVICES RENDERED. Coach shall provide one (1) or more one (1) hour sessions with the Client in which the Coach will provide following services:
- Determine Client’s goal for the session and what is required for success;
- Review Client’s existing systems used in their design practice related to Client’s goal;
- Establish a plan of action;
- Outline skills required to complete plan of action and discuss possible roadblocks; and
- Develop a timeline to implement Client’s plan of action.
- SCHEDULING. Client acknowledges and agrees that all sessions shall be scheduled via the Coach’s website: www.thymeandplacedesign.com.
- CANCELLATION POLICY. Subject to section 5 hereinbelow, should Client need to cancel a scheduled session for any reason, Client must give no less than 24 hours’ notice. Coach and Client will work together to reschedule at a time mutually agreeable to both Parties.
- PAYMENT. Client acknowledges and agrees that the cost of each one (1) hour session is Five Hundred and 00/100 ($500.00) Dollars, which shall be payable at the time of booking.
- REFUNDS. Client acknowledges and agrees that they may cancel this Agreement by sending written notice of cancellation to Coach within three (3) business days and the payment shall be refunded promptly after such cancellation. In the event Client does not cancel this Agreement in accordance with the foregoing sentence, Client shall not be entitled to a refund.
- NO GUARANTEE. Client acknowledges and agrees that that any success is dependent on Client’s ability to implement the plan developed during such coaching relationship. Client further acknowledges and agrees that Coach cannot guarantee the results or effectiveness of any of the services rendered or to be rendered by Coach. Rather, Coach shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. Notwithstanding the foregoing, Coach does not guarantee results.
- CONFIDENTIALITY. The Parties shall be obliged to keep confidentiality in terms of the business, technical information, and trade secrets of the other party that they gain or hold in the course of business cooperation. The information shall not be disclosed to a third party without the written consent of the other party. If either party breaches the confidentiality clause and leads to losses to the other party, the breaching party shall bear corresponding economic and legal liabilities.
- CONSENT TO BE RECORDED.
- Client acknowledges and agrees that all sessions contemplated by this Agreement will be recorded by Coach for reference. By executing this Agreement, Client authorizes Coach to record my likeness and/or my voice for such purposes and release the Coach from any liability or claims arising from such recording.
- Client agrees to have any formal testimonial given about this session to be used on Coach’s social media, website, or any other marketing materials.
- MISCELLANEOUS.
- This Agreement shall be governed by and construed in accordance with the laws of New Jersey.
- Both Parties agree that Coach is an independent contractor. This Agreement is not an employment agreement, nor does it constitute a joint venture or partnership between Coach and Client. Nothing contained herein shall be construed to be consistent with this independent contractor relationship.
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Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, and if said dispute cannot be settled through direct discussions, said dispute shall be settled by arbitration in NEW JERSEY under the rules of the American Arbitration Association. Any award rendered by the arbitrator may be entered in any court have jurisdiction thereof and shall require the party losing such dispute to pay the costs of such arbitration plus the prevailing party’s reasonable attorney’s fees.
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In no event shall Coach be liable for any damages for any indirect, consequential or special damages.
- Neither party shall have the right to assign this Agreement or any part thereof.
- All such notices which any party is required or may desire to serve hereunder shall be in writing and shall be served by email.
- This Agreement contains the full and complete understanding and agreement between the parties with respect to the within subject matter and supersedes all other agreements between the Parties whether written or oral relating thereto and may not be modified or amended except by written instrument executed by both of the Parties hereto.
ACKNOWLEDGED AND AGREED:
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