TERMS OF AGREEMENT

Coaching Terms

By clicking “Submit” or "Complete My Purchase" or "YAS QUEEN! I'm In!" or emailing your statement of agreement, entering your credit card information, or by signing this agreement, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) and you are entering into a legally binding agreement on the date of purchase ("Effective Date") with Kimberly Spencer (the “Coach”) and Communication Queens LLC (the "Company") collectively “the Parties,” effective as of the date the Client hits the "YAS QUEEN! I'm In!" button and submits.

1. Services Provided

Coach agrees to provide coaching services to Client for a total of eight (8) sessions within a period of ninety (90) days from the effective date of this Contract.

2. Responsibilities of the Coach

a. Coach agrees to facilitate coaching sessions on a bi-weekly basis for 1 hour via Zoom.

b. Coach and Client will jointly develop a coaching plan based on the Client's outcomes for coaching.

c. Coach agrees to spend an appropriate amount of time in preparation for meetings with the Client.

d. Coach agrees to facilitate the coaching plan and provide guidance and support to the Client.

3. Responsibilities of the Client

a. Client agrees to actively participate in coaching sessions and follow the coaching plan developed with the Coach.

b. Client agrees to schedule coaching sessions in advance and take responsibility for their own scheduling.

c. Client agrees to communicate clearly with the Coach and share all issues on which they need assistance.

d. Client agrees to complete tasks assigned by the Coach in between coaching sessions to the best of their abilities.

4. Session Forfeiture

Should the Client not utilize all eight (8) coaching sessions within the ninety (90) day period specified in this Contract, the Client forfeits any remaining sessions and shall not be entitled to a refund or credit for unused sessions.

5. Results and Responsibility

Client understands that the results of coaching depend on their ability to take action, follow the coaching plan, and communicate clearly with the Coach. The Client takes full responsibility for their results achieved.

6. Confidentiality

Both parties agree to maintain the confidentiality of all information shared during coaching sessions, except as required by law.

7. Fee

The monthly fee under this agreement will be either $15,000 for 3 months or $5000 per month, as agreed upon by both parties.

8. Limitation of Services

Client understands that coaching is not a substitute for medical or psychological treatment. Coach is not a licensed medical professional and will only provide services within their scope of training.

9. Recording Consent

Client consents to all coaching calls being recorded. Coach agrees that these recordings will only be shared with the Client.

10. Termination

Either party may terminate this Contract with written notice to the other party. In the event of termination, the Client shall remain responsible for payment for any coaching sessions already provided.

IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.

 

Indemnity. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, judgments, damages, liabilities, penalties, punitive damages, expenses (including, but not limited to legal fees) and costs of any kind or amount whatsoever, which result from the negligence of or breach or injury (including death) to any person or damage to property arising in any way out of any act, error, omission, or negligence from the other Party, by the indemnifying party and/or its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after the termination of the Agreement by its natural termination or the early termination by either party. Principal recognizes and agrees that all of the Agent’s shareholders, trustees, affiliates, employees, subcontractors, and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Agent.

1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH. Principal agrees that Agent will not be held liable for any damages of any kind resulting or arising from the provision of the Services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Agent’s services or enrollment in the Program or Services. The Principal agrees that he/she uses Agent’s services at the Principal’s own risk.
2. Severability. If for any reason, any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The remainder of this Agreement shall nonetheless remain binding and in full force and effect.
3. Waiver. The failure by either Party to exercise any right, power, provision, or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.
4. Dispute Resolution. In the event that a dispute arises between the Parties to this Agreement, then the Parties agree and accept that they will negotiate in good faith to settle such dispute, and Parties agree that they neither will engage in any conduct or communication, public or private, designed to disparage the other. If, after a reasonable period of negotiation, the dispute is not settled that either party may commence further action with the help of a neutral, mutually-agreed upon mediator in the following location: Austin, TX. Any costs and fees other than attorney fees associated with the mediation will be shared equally between the Parties. If mediation cannot resolve the Dispute, either Party may elect to finally and exclusively resolve the dispute by binding arbitration before a single arbitrator with JAMS, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH A CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. ALL DECISIONS OF THE ARBITRATOR SHALL BE FINAL, BINDING, AND CONCLUSIVE ON ALL PARTIES. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
5. Binding Agreement. This Agreement is legal and binding between the Parties as stated above and shall inure to the benefit of the Agent hereto and the Agent’s respective assignees, successors, heirs, employees, partners, predecessors, members, officers, associates, affiliates, subsidiaries, shareholders, trusts, trustees, executors, transferees, directors, agents, and legal representatives. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
6. Governing Law. The Parties agree that this Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
7. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties. Each of the Parties represents and warrants that his or her execution of this Agreement is free and voluntary.
8. Miscellaneous. Upon execution by purchasing, clicking, "Submit" and/or "I agree" or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this agreement.

A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

The descriptive section headings herein are inserted merely for the convenience of reference only and shall in no way be construed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction, or meaning of any provision of, or scope or intent of, and shall not be given any legal import.

This agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.