CLIENT COACHING AGREEMENT Carissa Stanton M.D., LLC
This Agreement (the "Agreement") is entered into by and between Carissa Stanton M.D., LLC (“Coach”) and The Client whose name is entered into the online checkout form (“Client”, “you” or “your”).
- The Coach-Client Relationship and Responsibilities
Coach and Client agree to engage in a coaching program through meetings via phone, online, or in person. The coaching relationship is co-creative, meaning that Coach and Client are equal partners in the coaching process. Coach cannot and does not guarantee any particular results, or financial or business outcomes as a result of this coaching relationship. Although Carissa Stanton is a licensed medical doctor and other owners, employees, or contractors of Coach may be licensed health care professionals, your coaching relationship does not establish a doctor-patient or similar relationship of any kind between you and Coach or any owners, employees, or contractors of Coach.
Coach does not provide any financial, legal, medical, or psychological services or advice and will not provide any such services or advice to you. Coaching does not prevent, cure, or treat any mental or medical condition. Coaching is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional, independent of the coaching relationship, if you have specific questions about your own unique situation. Coach and Coach’s owners, employees, and contractors disclaim any liability for your reliance on any opinions or advice received as part of the coaching relationship.
- Fees and Payment Schedule
All fees, if applicable, are due at the time of service and are non-refundable. Coach reserves the right to give discounts or free sessions based on parameters set by Coach, which will be communicated in writing (including by email).
- Confidentiality
Coach agrees to keep all information about the Coach-Client relationship strictly confidential except in circumstances where disclosure is required by law. Client acknowledges that Coach-Client communications are not covered by any doctor-patient privilege or other legal privilege. If Client wishes for Coach to speak to a third-party relating to the coaching relationship, then Client needs to give Coach written permission via signed letter to do so.
4.Termination
Either party may terminate this agreement by providing notice in writing (including by email).
5.Coaching Materials
Client acknowledges that Coach owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during the coaching relationship. Coach hereby grants Client permission to use these materials for Client’s own personal use only. Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.
6.Limitation of Liability, Release
Client agrees that Coach will not be liable to Client or any third party for any damages (including, but not limited to, lost data, lost profits, incidental, or consequential damages), that arise from Coach’s performance of coaching (including, but not limited to, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the coaching will be the sole responsibility of Client. Client agrees to indemnify Coach and its owners, officers, employees, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Coach’s performance of the coaching, except to the extent such are caused by the sole fault or negligence of Coach.
7.Force Majeure
Coach will not be deemed in breach of this Agreement if Coach is unable to complete or provide coaching or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of any owner, employee, or contractor of Coach, or any local, state, federal, national, or international law, governmental order or regulation, or any other event beyond Coach’s control (each a “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach will give notice to Client of its inability to perform or of delay in completing or providing the coaching and will propose revisions to the schedule for completion of the coaching or other accommodations, or may terminate this Agreement.
8.General Provisions
This Agreement will be governed by the laws of the State of Kansas. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Olathe, Kansas and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation will be entitled to recover its attorneys’ fees and costs from the other party.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.
9.Affiliated Products
Coach and Coach’s owners, employees, or contractors may have affiliate agreements with other companies and, in some circumstances, may receive commissions from such companies. Coach will disclose to Client when Coach or any of its owners, employees, or contractors will receive a commission from a product or service recommended during the coaching program. Any products recommended by Coach, its owners, employees, or contractors will be recommended solely as part of the coaching relationship, and Coach and its owners, employees, and contractors will not recommend or suggest any healthcare items or services in the course of the coaching relationship or provide any medical advice related to any products or services.