PRIVATE COACHING PARTICIPATION AGREEMENT
Parties:
JNREMU BUSINESS SOLUTIONS
5830 EAST 2ND STREET, STE 7000 4291, CASPER WY 82609
[email protected]
504-912-8187
Known as "JNREMU Business Solutions”, And “Contractor”
Known as "Client"
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties".
PURPOSE OF THE AGREEMENT
Client wishes to hire JNREMU Business Solutions to provide services relating to Client’s coaching needs, as detailed in this Agreement. JNREMU Business Solutions has agreed to provide such services according to the terms of this Agreement.
TERMS
Package: Client chooses Contractor’s “Conquer Your Ish 6-month Coaching Program”.
Services: JNREMU Business Solutions shall provide Client with the following services for a 6-months basis (“Services”):
- Personalized & Live Support
- AI & Content Monthly Workshop
By accepting this agreement, the Client agrees to pay the agreed amount.
Cost: The total cost ("Total Cost") for all Services is $10000 Paid In Full or $2000 Paid in 5 monthly installments;
Delivery of Services: JNREMU Business Solutions will provide access to Conquer Your Ish 6-month Coaching Program to Client by the program start date.
PROTECTIONS & RELATIONSHIP
Copyright Ownership: In the event that any copyrighted work(s) are created or shared as a result of the Services provided by Parties in accordance with this Agreement, the contributing Party owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Party who creates the materials and may be used in the reasonable course of each Party's business going forward. For example, if JNREMU Business Solutions shares a spreadsheet that Client utilizes, Client may not share, distribute, sell, or otherwise enjoy the privileges of said spreadsheet and copyrighted material contained within the spreadsheet.
Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
Permitted Uses of Material(s): JNREMU Business Solutions grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides JNREMU Business Solutions with attribution reasonably visible on primary or related course materials or marketing collateral. In no event is Client allowed to share JNREMU Business Solutions materials with any third party without JNREMU Business Solutions express prior written permission.
Confidentiality
The coaching relationship and any information that the Client shares with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s written consent. Coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Coach will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain. Coach will return all Confidential Information to Client upon termination of this Agreement.
Client acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Coach and Client are not subject to the protection of any legally recognized privilege.
Coach may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.
In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Coach (“Coach’s Proprietary Information”). Client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Parties in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or Confidential Information.
THE COACHING RELATIONSHIP
Client acknowledges that coaching is a team effort, and Client will get out of coaching only as much as he or she puts into it. Client agrees to fully participate in coaching and follow the Coach’s instructions to his or her best ability. Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the program.
Client acknowledges that Client is solely responsible for creating and implementing his or her own decisions, choices, actions and results based on coaching calls, sessions, and interactions with Coach. Client agrees that the Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy, does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
Relationship of the Parties: JNREMU Business Solutions and any related subcontractors are not employees, partners, or members of Client’s company or organization. JNREMU Business Solutions has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. JNREMU Business Solutions has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operations and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations, or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to JNREMU Business Solutions.
LIMIT OF LIABILITY
Maximum Damages: Client agrees that the maximum amount of damages s/he is entitled to in any claim of or relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by JNREMU Business Solutions.
Indemnification: Client agrees to indemnify and hold harmless JNREMU Business Solutions, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. In the case of in-person meetings or coaching, Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force JNREMU Business Solutions to pay for any such damages.
Client Responsibilities: Client agrees that the accuracy of information supplied to Contractor is the sole responsibility of Client, and that Contractor is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete, or untruthful information provided by Client. Client assumes full responsibility for the final deliverable(s) provided, final proofing, and accuracy.
Assumption of Risk: Client and related parties/participants expressly assume any risk of Services and related activities as described in this Agreement.
Disclaimer: Client agrees and understands JNREMU Business Solutions is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist, or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Coaching Agreement, Client must sign a letter of engagement of said professional services. No legal, financial, accounting, nutritional, or other kind of professional advice will be given without entering such a relationship via the letter of engagement referenced immediately above.
Guarantees: JNREMU Business Solutions cannot make any guarantees as to the results, including financial or other gains, of the coaching provided. JNREMU Business Solutions agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.
Release: Client has spent a satisfactory amount of time reviewing JNREMU Business Solutions work or past client reviews and has a reasonable expectation that JNREMU Business Solutions Services will produce a reasonably similar outcome and result for Client. JNREMU Business Solutions will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with JNREMU Business Solutions current portfolio and services, and JNREMU Business Solutions will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
Every client’s experience and final results are different, with different tastes, budgets, and needs.
- Conquer Your Ish 6-month Coaching Program is a subjective service and JNREMU Business Solutions is a provider with a unique vision, with an ever-evolving style and technique.
- JNREMU Business Solutions will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions.
- Dissatisfaction with JNREMU Business Solutions independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
CANCELLATIONS OR RESCHEDULING
Client Desires to Cancel or Reschedule: If the Client desires to cancel Services of JNREMU Business Solutions for any reason at any time, then Client shall provide at least 30 days’ Notice to JNREMU Business Solutions in order to cancel this contract. Providing Notice will not relieve Client of any currently outstanding payment obligations. JNREMU Business Solutions will not be obligated to refund any portion of monies Client has previously paid to JNREMU Business Solutions. JNREMU Business Solutions has no obligation to attempt to re-book further Services to make up for Client’s cancellation or rescheduling.
JNREMU Business Solutions Desires to Cancel or Reschedule: In the event JNREMU Business Solutions cannot or will not perform his/her obligations in any or all parts of this Agreement, JNREMU Business Solutions (or a responsible party) will immediately give Notice to Client, and at the JNREMU Business Solutions discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of JNREMU Business Solutions, no reasonable substitute is found, JNREMU Business Solutions shall excuse Client of further performance obligations in this Agreement.
Force Majeure: Notwithstanding the above, either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the Services provided in this Agreement, including:
- A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
- Any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear
leak or explosion, or act or threat of terrorism.
GENERAL PROVISIONS
Governing Law: The laws of TEXAS govern all matters arising under or relating to this
Agreement, including torts.
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
Notice: Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time on which the Notice is sent:
Email- JNREMU Business Solutions Email: [email protected]
Mail- JNREMU Business Solutions Address: 5830 EAST 2ND STREET, STE 7000 4291, CASPER WY 82609
Merger: This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Assignment: Neither Party may assign or subcontract any rights or obligations in this Agreement without proper Notice unless otherwise provided in this Agreement.
Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
Last updated 03/29/2024