6 Month VIP COACHING PARTNERSHIP AGREEMENT

Thank you for your interest in working together. Please read this information carefully. The purpose of this Agreement is to set forth the details about working together so that we both are clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive, and comfortable. 
 

By clicking ‘I Agree’, emailing your statement of agreement, signing this agreement, or otherwise enrolling, electronically, verbally, or otherwise, in the VIP 6 Month Coaching Partnership Experience, you (‘The Client’) are entering into a legally binding agreement with Toni McMurray (‘The Company’), according to the following terms and conditions:

 

 

In this AGREEMENT:

‘The Company’ K2018000558 T/A 4REALBIZ, registered in The Republic of South Africa. 

and, 

‘You’, the person using my coaching services and resources and signed with their name at the bottom of this contract.

 

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at Toni@4realbiz.com

 

 

 

1. Introduction

 

1.1 If you use coaching services from me, you agree to be legally bound by this contract.

 

1.2 If you use any of my free resources (for example podcasts, workbooks, freebies, intensive giveaways, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate.

 

1.3 When using any services or using any resources you also agree to be legally bound by: 

 

1.3.1 my website terms of use and privacy policy;

 

1.3.2 extra terms which may add to, or replace, some of this contract, for example, any specific written contract between us;

 

1.3.3 specific terms which apply to my services, for example, programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us. 

 

1.4. If you want to see these specific terms, please visit the relevant webpage for the programme or look at the services description I have sent you in an email or request it from me.

 

1.5. All these documents form part of this contract as though set out in full here.

 

 

2. Carrying Out Of Coaching Sessions

2.1. Coaching Sessions


2.1.1. This agreement, will begin upon acceptance, and will continue for a minimum of 6 months.

2.1.2. The fee for the initial 6 months of work will be paid monthly at a PER MONTH rate of $500 + 10% of all NEW revenue generated during our time together, payable in advance each month.

2.1.3. Where a deposit is paid to secure a space, the said inital deposit of $500 will be credited toward your first month's payment. 

 

2.1.4. The services to be provided by the coach to the client are coaching or tele-coaching, as designed jointly with the client. Coaching, which is not advice, therapy or counseling, may address specific personal projects, business successes, or general conditions in the client’s life or profession.
 

2.1.5. Upon completion of the 6 months, client will be given an opportunity to continue their coaching package at an agreed upon rate. The client and coach agree to provide each other with fourteen-day notice in the event either wishes to cancel services.

2.1.6. All coaching sessions will be carried out with reasonable care and skill.

2.1.7. I shall carry out the services within the time period which is set out in the relevant programme or services description emailed to you
 

2.1.8.All sessions take place remotely via zoom - the means of communication agreed with you in advance. There may be an additional charge for face to face meetings.

2.1.9. Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.

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2.2. Cancelation and Rescheduling
 

2.2.1. All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire.

 

2.2.2. Showing up for your Intensives and Coaching Calls is very important because it shows commitment to yourself and the work and respect of both your time and my time so I have a very firm cancellation policy. If you need to cancel the Intensives or any Coaching Call for any reason, you must do so at least 48 hours in advance (although 48 hours is preferred) by sending an e-mail to Toni@4RealBiz.com. If you give me less than 24 hours’ notice, fail to turn up for a session or have already rearranged 1 or more sessions in a coaching programme, you may be deemed to have taken the session and you will not be able to reschedule it, nor will you be entitled to any compensation for missing it.  If a true emergency occurs, please email or call me immediately, and in my sole discretion, I will determine whether the Coaching Call may be rescheduled; otherwise, it is forfeited.

 

2.2.3. My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with internet connectivity or if you change the services you require from me and I have to do extra preparation.

 

2.3. Missed Payment
 

2.3.1. In the event that there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 72 hour grace period to make the payment following the due date, whether paying in full or by installment, otherwise the Program will be put on hold. If no payment is made within the 72 hour grace period, the Program will be automatically terminated and no refund will be provided.
 

 

2.4. Refund Policy
 

2.4.1. I want you to be happy with your Program. If for some reason you are not satisfied and wish to stop the Program after your first session, you can email me within 48 hours of your session requesting cancel. Thereafter, because I will have invested considerable time and effort in your Program, if you decide to withdraw for any reason whatsoever, you still will remain fully responsible for the full cost of the Program, and no refund will be provided.

 
 

2.5. Confidentiality
 

2.5.1. I will keep all information exchanged during the Program in strict confidentiality. I will not disclose confidential information that you share with me during the Program to anyone else without reason to know such information, except as when required by law, ethics, or upon written authorization by you.


2.6. Coaching Relationship
 

2.6.1. Throughout the working relationship, the coach will engage in direct and personal conversations. The client can count on the coach to be honest and straightforward in asking questions and making requests. The client understands that only the client can grant the power of the coaching relationship, and the client agrees to do just that: have the coaching relationship be powerful. If the client believes the coaching is not working as desired, the client will communicate that belief and take action to return the power to the coaching relationship.

Coach responds to client inquiries within 48 hours during BUSINESS DAYS, but reserves the right to extend the deadline for longer copy/content/projects requring additional review time. Coach will not be available on Saturdays or Sundays. 

 

 

3. Your Responsibilities

 

3.1. You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.

 

3.2. You and I shall agree on a method of communicating with each other between sessions (Voxer) and adhere to that method.

 

3.3. You agree to show up and put in the effort required to see results.

 

 

4. Disclaimer

 

4.1. Coaching is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our coaching sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the programme and the actions we agree.

 

4.2. My role is to offer you guidance and accountability and help you make positive lifestyle changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.

 

 

4.3. Coaching does not treat mental disorders and is not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you con rm that you will not use it in place of any form of counselling, therapy or medical treatment.

 

4.4. If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the relevant programme or services description.

 

4.4. You will keep me informed of any changes to your medical health or personal circumstances.

 

 

5. Intellectual Property

I retain all ownership rights to the materials provided to you through your participation in the Program. The copyrighted and original materials shall be provided to you for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from us electronically or otherwise without my prior written consent. All intellectual property, including the copyrighted Program materials, shall remain my sole property and no license to sell or distribute or materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Program materials.
 

 

 

6. Your Personal Information

 

6.1. I shall use the personal information you give to me to:

 

6.1.1. provide the services;

 

6.1.2. process your payments for the services; and

 

6.1.3. Inform you about any similar products and services that I provide though you may stop receiving this information at any time by contacting me.

 

6.2. All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.

 

6.3. I shall not give your personal information to any third party unless you agree to it.

 

 

7. Confidential information

 

7.1. All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.

 

7.2. Where you participate in any group sessions, for example as part of a group coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own bene t except with the explicit consent of that participant.

 

7.2.1 The obligations in clauses 7.1 and 7.2 will not apply to information which:

 

7.2.2. has ceased to be confidential through no fault of either party;

 

7.2.3. was already in the possession of the recipient before being disclosed by the other party; or


7.2.4. has been lawfully received from a third party who did not acquire it in confidence.

 

7.3. Your and my confidentiality obligations under this clause will continue after

termination of this agreement.

 

 

8. Resolving Problems

 

8.1. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.

 

8.2. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.

 

 

9. Termination Of the Contract

 

9.1. If a programme or services description specifies a length of time for services to be provided, then subject to clause 8.2 below, the services will terminate at the end of that timeframe.

 

9.2. If I provide services to you on an ongoing basis and the relevant programme or services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.

 

9.3. Either you or I may terminate the services and this agreement immediately if:

 

9.3.1. the other party commits any material breach of the terms of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or

 

9.3.2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

 

9.4. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

 

 

9. Limit On My Responsibility To You

 

9.1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

 

9.1.1. losses that:

(a) were not foreseeable to you and me when the contract was formed

(b)that were not caused by any breach of these terms on my part

 

9.1.2. business losses, including loss of business, loss of pro ts, loss of management time and loss of business opportunity.

 

9.2 My total liability to you is limited to the amount of fees, if any, paid by you for the services.

 

 


10. Indemnification
 

You agree to indemnify, defend, and hold harmless Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.


 

11. Termination


Either of us may terminate this Agreement with 72 hours written notice to the other. E-mail notification is permissible and sufficient. Please note that I reserve the right to terminate this Agreement if you repeatedly miss payments. I also reserve the right to terminate this Agreement if you miss any of your Coaching Calls without providing proper notice. All terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms as written above, will still apply even after termination by either of us.


 

 

12. Notice


All correspondence or notice required regarding the Program should be made to me at Toni@4RealBiz.com and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address or contact information change at any time throughout the course of the Program, it is your responsibility to provide your new contact information to me within 72 hours of any such change.


 

13. Dispute Resolution

 

13.1. It is hoped that should we ever have any differences, we could be able to work them out through a phone conversation or e-mail correspondence. I shall try to resolve any disputes with you quickly and efficiently.

13.2.  Prior to seeking arbitration, you must submit your complaint to me with full details about your dissatisfaction with your Program via e-mail at Toni@4RealBiz.com. You understand and agree now that the only remedy that can be awarded to you through arbitration, or in a court of law, is full refund of your Payment made to date. No award of consequential or of any other type of damages may be granted to you. 

13.2. If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of South Africa will have exclusive jurisdiction in relation to this contract.

13.3. This Agreement is governed by and shall be construed in accordance with the laws of The Republic of South Africa. You agree to submit to the personal and exclusive jurisdiction in Johannesburg; South Africa for any disputes with Company arising out of your use of this site.  You agree that if a dispute arises, parties will attempt to resolve the dispute with mediation in Johannesburg; South Africa or an online mediation service that is mutually agreed upon by all parties.  The parties agree that their good faith participation in mediation is a condition precedent to pursuing other legal remedies.  The successful party to any dispute resolution will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled.


 

14. Non-Disparagement:
In the event of a dispute between us, you and I agree not to engage in any conduct or communications, public or private, including on social media, designed to disparage me, my or your website, products and services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

 


15. Declaration

I understand that I am working with Toni McMurray for professional business coaching at the agreed fee. Professional business coaching is distinctly different from counseling, psychotherapy or psychoanalysis and does not deal with the diagnosis or treatment of emotional problems. Since professional coaching does not constitute medical consultation or treatment, health insurance does not apply. These fees may be considered deductible business expenses. You are required to check this with the tax laws of your country.

 

By signing this Agreement, we are both acknowledging that we have read, understand, agree to and accept all of the terms in this Agreement. Your Program will not begin until this signed document has been received, and your deposit has been made.

 

16. Entire Agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

 

17. Third Party Right

17.1. No one other than a party to this contract has any right to enforce any term of this contract.

 

 

BY SCHEDULING YOUR COACHING SESSIONS WITH ME ON ACUITY SCHEDULER YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. EVEN IF YOU DO NOT SIGN THIS CONTRACT. BY CLICKING ON THE BOX ACCEPTING THE TERMS AND CONDITIONS ON ACUITY SCHEDULER, YOU ARE BINDING YOURSELF TO THIS AGREEMENT.

 

SIGNED

Signed on this day ____________________, at this location _____________________,

By Client (write name in full) _______________________________________________

 

 

 

Signature (Client) _______________________________________________________ 

 

 

 

Signed on this day, 7 December 2019, at this location Lambton, Johannesburg, South Africa.

By Company Director, Toni McMurray

 

 

Signature ___________Toni McMurray_______________