1. Description of Services. Coach shall provide Client with the following coaching services (“Services”):
(a) Instant access to the LWL Nurturary Membership portal products corresponding to the Client’s cohort;
(b) Weekly calls with other clients, Karen Leba Baker, and the team as outlined on the LWL Nurturary program calendar;
(c) Weekly check-ins via SMS or Facebook Messenger;
(d) Instant access to the LWL Nurturary Private Facebook community;
Coach and the team will observe seven (7) one-week break periods away from business operations during which time Client will continue to have full access to all existing materials and resources, but no coaching calls, sessions, or check-ins will be held.
2. Term. This Agreement is valid as of the date listed below and will be in effect for twelve (12) consecutive months thereafter (the “Term”) and shall automatically renew for an additional twelve (12) month term unless either party provides the other party with written notice at any time prior to the end of the term of the Agreement. That written notice must be sent via email to [email protected].
3. Schedule and Fees. The applicable fee for the Term under this Agreement is $11,556. Payment must be made in full at the beginning of the term or, upon approval and agreement by Coach, on a monthly basis in the amount of $963 per month.
Each payment not received by Coach within 15 days of their invoice shall be subject to a single late fee in the amount of 15% of the delinquent payment.
Concurrent with the initial payment, Coach will provide the Client with instant access to both the Services listed above. Continued access to Services is contingent upon payment.
Client acknowledges that failure to access or utilize any or all Services for any portion of the Term does not in any way reduce or change his/her payment obligation under the Agreement.
In the event that Client is unable to meet their payment obligation under the Agreement, Coach in her sole discretion based on the severity of the circumstances, may offer Client an alternate payment structure such that the total payment obligation can be met within the Term while the Client retains access to all or some Services. Client acknowledges and agrees that they are solely responsible for communicating to Coach any inability to meet their payment obligation in a timely manner.
If no monthly payments are received by Coach within 45 days of their invoice, any amount remaining of the applicable fee will be placed in the hands of an attorney for collection.
4. Termination During Agreements’ Term. Client acknowledges and agrees that if Client terminates this Agreement during any applicable Term, Client is immediately responsible for payment in full of the applicable fee. Client also acknowledges that failure to access or utilize Services does not constitute termination of Agreement and does not release Client from his/her payment obligation.
5. No refund policy. Coach doesn’t provide any refunds for any reason.
6. Non-Disclosure. At no time will the Client, without prior written consent of Coach, divulge, disclose or make accessible to any person or entity any non-public document or information concerning the business or affairs of Coach, including the terms of this agreement, except when required to do so by law or by legal process.
7. Disclaimer. Client acknowledges that Coach’s Services do not constitute counseling services and are not a substitute for professional counseling or financial advice and are not a guarantee of financial success.
Client understands and acknowledges that the coaching process is dependent upon Client’s own ability to implement his/her choices and those choices are exclusively Client’s responsibility. It is expressly understood by Client that this Agreement does not establish an employee/employer or independent contractor or any other form of agency/agent relationship between the parties.
8. Waiver. The failure of Coach to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Coach’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
9. Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without giving effect to any conflicts of law provisions.
10. Binding Effect. This Agreement shall be binding upon the parties hereto and their respective successors. No assignment of this Agreement, in whole or in part, may be made by Client without the express written consent of Coach.
11. Severability and Survival. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Coach's rights under this Agreement will survive the termination of this Agreement.
12. Enforceability. The provisions of this Agreement shall be enforceable notwithstanding the existence of any claim or cause of action against Coach by Client whether based on this Agreement or otherwise.
13. Limited liability. Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services agreed upon in this contract. In no event shall Coach be liable to the Client for any indirect, consequential or special damages.
14. Dispute resolution. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.