PARTIES

This Coaching Agreement (hereinafter referred to as the “Agreement”) is entered into on the date of first payment (the “Effective Date”), by and between The U of You, (hereinafter referred to as the “Company”) and the individual signed up for services (hereinafter referred to as the “Client”) (collectively referred to as the “Parties”).

PURPOSE OF THE AGREEMENT

• The Purpose of this Agreement is to enter a coaching relationship between the Company and the Client, where the Company will train the Client and cultivate his/her personal, professional and/or business goals.

TERM

• This Agreement shall enter into force on the date of the last signature by the Parties. It shall remain in force for a period of 12 months; thereafter moving to a ‘month to month’ basis unless you notify the U of You with a 30 day notice of your intent to cancel.
• If the client desires to cancel, they will still be responsible for the full payments through the remainder of the term. In cases of extreme circumstances, we will evaluate options on a case-by-case basis. Please note that Clients who have not executed and been actively participating in their success may encounter a more difficult time obtaining a refund. We do this because you are hiring the Company to help hold you accountable and to aid you in making positive changes that will help you grow. We know that your mind may try to get you out of doing what is difficult, therefore, we hold you to this agreement in order to help ensure that there is no retreat from your success.

COMPANY COMMITMENT

• The Company will provide the coaching sessions via the Coach or a qualified backup in the event that the initial Coach is unable to attend the session. 
• The Company will provide coaching that is a professional client relationship designed to facilitate the creation and development of personal, professional or business goals.
• Texts and emails are welcome between sessions if you would like to share a success, have urgent questions or an issue.

CLIENT COMMITMENT

• The Client agrees to pay the Company the Fees as set out in this Agreement and to have his/her card charged automatically on a monthly basis, unless otherwise specified.
• The Client agrees to be honest and open, to believe in his/herself and to adopt a more enthusiastic and positive outlook on life from this moment onwards. The Client is truly committed to change and agrees to take responsibility for his/her life, choices and actions.

• The Client's intent to change and desire for change will be serious.
• The Client will make every effort to ensure he/she is at his/her peak mental, physical and emotional state for each session.
• The Client is ready to work and receive feedback. He/She is willing to try new ways of learning, be honest and open, keep to his/her commitments and inform his/her Coach immediately when things are not working for him/her.
• The Client is willing to explore, challenge and change thoughts, feelings and actions that he/she recognizes as self-defeating.
• The Client understands the Company will be focused on the Client and his/her best interests as a whole, not just his/her goals.
• The Client is willing to give the Company the benefit of the doubt and wholeheartedly try new concepts or different ways of doing/approaching things.
• The Client recognizes the value and worth of him/herself and the investment he/she is making in his/her personal development.
• The Client understands the need to plan the relationship ending in advance to allow for a degree of closure and wrap-up.
• The Client will act professionally at all times and treat all staff, representatives of the Company, and other Clients with respect and courtesy.

PAYMENT FOR SERVICES

• The Client will pay the Company the amount reflected in the offer extended for the performance of the Services (hereinafter referred to as “the Fee”).
• Whereas the Company will set the Client on an autopay plan to bill on the same day every month.

CONFIDENTIALITY 

• All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Client, unless the disclosure is required pursuant to process of law. 

• Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Company.
• Any notes Authorized Representatives from the Company make during the session or about the Client are kept confidential. 
• You understand that on occasion the Company may anonymously share generalized information for training or consultation purposes with other Coaching professionals. Your identity and any information that could lead to the Client’s identification will remain entirely confidential.

RESCHEDULING or CANCELING COACHING SESSIONS FOR GROUP COACHING 

Typically clients have paid for 1 year of coaching. That will begin on the date of their first payment and continue for the pursuant 12 months. In the event that a group coaching client is unable to attend a session, the term of the agreement will not be extended. 

RESCHEDULING or CANCELING COACHING SESSIONS FOR ONE-ON-ONE COACHING 

On rare occasions there will be circumstances that arise that cause one or both parties to need to cancel a session. In those occurrences the following policies will apply.

If the Client needs to cancel or reschedule

• You must reschedule sessions you cannot make with 12 hours advance notice. If you cancel without 12 hours notice, or are more than 15 minutes late for your session, it will be considered a full session with regards to monthly number of sessions.
• The Client agrees to call or meet the Coach at the specified times. There will be no credit for missed sessions.
• 24 hour notice by text or email is required for canceling or requesting to reschedule a session.
• If the Client is late for a session, the session will still be completed at the normally scheduled time.
• If the Client needs to reschedule, sessions will be 30 minutes long and must be rescheduled for that week. There may be circumstances when rescheduling is not possible due to the Company’s schedule. 
• The Client understands that it is his/her responsibility to schedule and arrange sessions with the Company to fulfill the monthly session allotment.

If the Coach needs to cancel or reschedule

• Sessions may be refused if payment has not been made as required by this Agreement.
• The Company will provide the coaching sessions via the Coach or a qualified backup in the event that the initial Coach is unable to attend the session. 
• The Company reserves the right to cancel or reschedule sessions for major US holidays. 
• The Company reserves the right to cancel up to 4 sessions per year for personal reasons. Any session missed over 4 will be rescheduled.

INTELLECTUAL PROPERTY

• Hereby, the Client agrees that any intellectual property provided to him/her by the Coach will remain the sole property of the Coach, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.

NON EXCLUSIVITY 

• The Parties agree that this Agreement is not an exclusive arrangement and that the Coach is entitled to enter into other similar agreements with other clients. 

INDEMNITY AND LIMITATION OF LIABILITY

• In no event shall the Coach be liable for any damages for any indirect, consequential or special damages.
• The Coach, hereby, makes no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the coaching services negotiated, agreed upon and rendered.
• In the event of feeling mental, physical or emotional distress (or related ailment or condition) which the Client believe to be related either directly or indirectly to the coaching sessions, the Client will not hold the Company liable for any loss or cost incurred by the Client (or any person related to the Client). The Client will indemnify the Company in the event of any such claim.
• Except as expressly set out in this Agreement the Company will have no liability to the Client. This Agreement reflects the entire agreement and understanding between the Client and the Company regarding the matters in this Agreement.
• You enter into this Agreement with the full understanding that the Client is solely responsible for creating his/her own results. The Client agrees to indemnify and hold the Company, its Coaches, Officers, Representatives, Employees, Agents, and Partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees). The Client understands that achieving his/her goals (in whole or part) cannot be guaranteed and no warranties are given.
• The Client is aware that coaching is not counseling, psychotherapy, psychoanalysis or any other form of mental health care treatment or therapy, nor is it to be used as a substitute for professional advice by legal, medical, financial, business or other qualified professionals.
• If appropriate, the Client will seek independent professional guidance in the areas indicated above and the Client understands that all decisions and actions in these areas are the Client’s sole responsibility.
• The Client understands that session agendas (for one-on-one Clients) belong to the Client. If the session is not heading in the direction the Client would like, the Client will let the Coach know immediately.
• If the Coach or anyone from the Company ever says anything you don’t feel comfortable with or if the Client has a concern with the way the sessions are proceeding the Client will let the Coach know immediately.

REPRESENTATIONS AND WARRANTIES

• Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

• The Client represents and warrants that they are in good mental condition and want to improve themselves.

SEVERABILITY

• In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.

GOVERNING LAW

• This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.

ALTERNATIVE DISPUTE RESOLUTION

• Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to arbitration/mediation/negotiation (circle one) in accordance with, and subject to the laws of the State of Utah.

ATTORNEY FEES

• In the event of any dispute between the Parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

ENTIRE AGREEMENT

• This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

• The Parties agree that any amendments or modifications made to this Agreement must be in writing, and it must be signed by both Parties. 

SIGNATURE AND DATE

• By continuing forward and signing up for and participating in the coaching services, you agree to the terms and conditions set forth in this Agreement. 
• Updated September 22, 2022