Individual Client Agreement
3-Month or 6-Month Coaching Package Option
This Agreement is made and entered into on this day, [MONTH, DATE, YEAR] (“Start Date”) between Kylee Leavitt, A North Carolina Limited Liability Company, “Hereinafter referred to as “Coach” and [CLIENT NAME], (Hereinafter referred to as “Client.”)
Coach and Client hereby voluntarily and willingly agree as follows:
For good and valuable consideration of cost of your package, Client has agreed to purchase 3 or 6-Month Coaching Package-applies to only applicable package chosen (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her training.
1. Program Details
a. The purpose of coaching is to provide objectively “healthy” individuals with guidance, accountability, and structure in order to pursue and achieve desired goals. Client agrees and understands she is purchasing “3 or 6-Month Coaching Package”, where coach will work with client on a biweekly basis via 45-minute zoom calls and in between support via voice, text, and email messaging for a duration of 3 or 6 months (applicable package chose). The program is specifically designed to co-create daily routines that bring structure to days and relief from constant power struggles, transition battles, and time management dilemmas.
b. Coach will provide the services outlined in detail in the attached Program Outline Addendum. Client confirms she has read the Program Outline Addendum, asked Coach any and all necessary questions, and conducted any research necessary to feel she understands what is (and isn’t) being provided in Program.
c. GOALS OF PROGRAM: To help the client receive insights on how to shift how she responds to her child, problem solve the “why” behind her child’s actions, find practical solutions for the breakdowns in the families’ daily routine, improve confidence as she implements strategies, and set up her home for a successful daily routine.
d. Program is not to be considered a substitute for therapy, counseling services, or other medical wellness or treatment. While Coach is a licensed occupational therapist, Program does not include any therapy or counseling services, and is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of therapy or counseling, Program is not right for you. By completing this Agreement, you confirm you are not looking for counseling or therapy-related services, understand the difference between coaching and counseling, and do not expect Coach to provide any services other than that outlined below in the Program Outline Addendum.
2. Confidentiality
a. Coach respects each client’s privacy, and will not reveal anything said by Client in coaching sessions without prior written consent from Client, other than in the following scenarios:
i. Suspected abuse to another individual or self, with your written permission, fee or contractual dispute, unintentional breach due to electronic or online communication (including but not limited to e-mail, Facebook messenger, Instagram direct messaging, WhatsApp), and phone and video recorded sessions.
b. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below.)
c. Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep Confidential Information private, even after the completion of working with Coach.
d. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Program, Client understands additional action may be taken by Coach up to and including legal action.
e. If any services within Program include sessions via phone, zoom, or any other form of online video or audio session, Client understands the risks and potential consequences of such sessions, including but not limited to the possibility that the transmission of information could be distorted, interrupted, or accessed by unauthorized persons. Client gives her informed consent to engage in phone or online video sessions as part of her coaching package.
3. Intellectual Property Rights
a. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, Facebook ad strategies, guides, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
b. Client agrees and understands she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
c. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with her by Coach as she sees fit. Client understands this means she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach; (b) post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client, (c) share purchased materials, information, content with others who have not purchased them.
d. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
4. Payment
a. Client agrees to render payment via card payment using Stripe, and understands that the full purchase amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Coach, she must complete payment in full before becoming entitled to any products or services included within Program.
5. Payment Plan:
a. If Coach HAS offered Client a payment plan, all information regarding payment schedule is outlined in the attached Payment Plan Addendum. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) Client will have a seven (7) day grace period to make the required installment payment upon receipt of invoice; (2) Client will owe a late fee of $25.00 should Client fail to make the required payment after the 7-day grace period has expired; (3) the remainder of the Program may be forfeited if payment is not made thereafter.
b. Coach reserves the right to cancel or cease working with Client should she fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issued to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
6. Refund Policy
a. Coach is not able to offer refunds once Client has purchased the Program. Client understands this provision, and agrees that she is not entitled to a refund once payment has been issued to Coach.
b. Should Coach experience an unforeseen event causing her or her team to become unavailable or otherwise unable to complete the Program, Client may be entitled to a partial refund on a case-by-case basis, based upon the portion(s) of the Program unable to be delivered by Coach. Reasonable, minor changes or modification to the Program made by Coach do not qualify as an inability to deliver services, and do not qualify Client for a refund.
c. Client further agrees and understands that changing her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
7. Indemnification
a. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
8. Medical Disclaimer – Not Medical or Professional Advice
a. The purpose and goal of Program is to provide coaching services with consulting on an as needed basis. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment.
b. Client understands and agree that while Coach is a licensed occupational therapist, and has been trained and educated to provide occupational therapy services, Program offers coaching services only, separate and apart from Coach’s professional practice. There are no counseling or therapy-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) counseling or therapy services. Client’s enrollment into Program does not make her Coach’s patient, and no therapist-patient relationship is being formed. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a licensed occupational therapist or counselor in your geographical area. Program is not intended to be a substitute for medical treatment or therapy/counseling, nor is Program designed to provide Client with a medical diagnosis, treatment, or other medical services.
i. Client understands and agrees Program is not providing any medical advice, is not providing any counseling or therapy services, is not a substitute to Client seeking personalized therapy for herself, nor is it attempting to diagnose or treat any mental or physical medical conditions.
c. Coach encourages Client to consult a physician and/or a licensed therapist if she suspects she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician or therapist and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
9. Discontinuation of Program
a. Program does not provide any medical advice, treatment, or counseling/therapy services to Client. If at any point during Program, Coach believes Client to be in need of therapy treatment or other counseling services, Coach will advise Client of this, and offer to provide a referral to a licensed professional, if Coach knows of one in Client’s geographical area. Client has the right to refuse this referral and ignore the recommendation; however, Client may be asked to discontinue use of Program for her/own well-being, until such treatment can be provided. Should Client wish to disregard Coach’s recommendation and wish to continue with Program, Client agrees to sign an additional waiver confirming this information.
b. If Client has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Coach, and may or may not be offered.
10. Voluntary Participation
a. Client understands and agrees that she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, You acknowledge and agree that Kylee Leavitt, LLC, is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that she is fully responsible for her health and well-being, including participation in Program and any results therein.
11. Disclaimer / No Guarantees
a. Client understands that he or she must actively participate in the full Program in order to see results; however, results are not guaranteed. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results.
b. Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.
c. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
d. Client agrees that she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
e. Client agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.
12. Waiver/Assumption of the Risk
a. Client understands he/she is entering into a Program for the purpose of achieving a desired health, fitness, professional, or personal goal through Coach’s Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will.
b. Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential ramifications of such actions and agrees not to hold Coach responsible for any such injuries or negative consequences.
c. Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.
13. Dispute Resolution
a. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Apex, North Carolina, within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
14. Applicable Law
a. This Agreement shall be governed by and under control of the laws of NORTH CAROLINA, regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of NORTH CAROLINA are to be applicable here.
15. Amendments
a. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.
Client and Coach agree this Agreement constitutes the entire agreement between Coach and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Coach or Coach’s team, and is in full agreement with the terms outlined herein. By signing below, Client is confirming he/she voluntarily gives his/her informed consent to receive coaching services from Coach, and agree to abide by the terms and conditions outlined herein in this Agreement.
Signed:
Client Name: _________________________________
Client Signature: ______________________________ ___________________
(Date)
Coach: _________________________________
Signature: ______________________________ ___________________
(Date)
Addendums: Program Outline; Payment Plan
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the 3 or 6-Month Coaching Package. Once the Program is purchased and all Agreements are signed, the Program to continue for a period of 3 or 6 months (applicable to the package chosen). The work is to begin [START DATE] and run through approximately [END DATE]. During this time, Coach will provide the following products and/or services:
1. Bi-weekly 45-minute 1:1 coaching calls via zoom(refer to Private Calls section below). During the calls, we will:
a. Discuss the main concerns you have about your child
b. Problem solve the why behind certain behaviors your child is displaying
c. Provide strategies that you can implement at home
2. Unlimited support via text, email, or voice messaging (refer to specific communication guidelines via Email and Whatsapp Communication Guidelines provided).
3. Recap email within 48 hours of zoom call, which makes it easy to remember what we discussed and what to implement
4. Resources via Google Drive Folder on a need by need basis
· Private Calls: Client understands he/she is entitled to two-45 minutes private calls with Coach on a Monthly basis as part of the Program. Client understands he/she is to schedule each call with Coach via Calendly using this link https://calendly.com/kyleecleavitt/1-1-coaching-call?month=2022-11.
· Should Coach need to reschedule call, Coach will do everything possible to provide client with as much notice as possible, and to reschedule to a mutually agreeable time. If Client is unable to attend the call, he/she agrees to cancel or reschedule at least 24 hours before the scheduled sessions. If cancelation is made within 24 hours of the scheduled call, Coach will take reasonable measures to reschedule call for Client. If Client is a “no show” for the call and does not provide any advance notice that he/she will not able to make the call, Client understands Coach is entitled to cancel the call without rescheduling, and may cause Client to forfeit the call.
Signed:
Client Name: _____________________________________
Client Signature: __________________________________ Date: ________________________
Name: _____________________________________
Coach Signature: __________________________________ Date: _________________________
PAYMENT PLAN ADDENDUM
Client Name: _____________________________________ Date: _____________________
Client and Coach hereby agree to the following payment plan and payment schedule in order to purchase the above-referenced Program belonging to Coach, as outlined in the above Agreement and Program Outline Addendum.
1. Cost of Program
Client agrees and understands that the cost of Program, when paid in installments, is, payable in monthly increments of $347 for the 3 Month Package or $317 for the 6 Month Package. Client understands he/she has been provided for the 3-Month Package the option to either pay an upfront, one-time cost of $1041, or monthly installments of $347, for a total investment of $1041, and agrees that he/she is electing to pay in installments. If client chooses the 6 Month Package, client understands he/she has the option to either pay an upfront, one time cost of $1902, or monthly installments of $317, for a total investment of $1902. Client is to issue payments to Coach as follows:
2. Method of Payment
Client agrees to render payment via credit card using Stripe, and understands he/she will be charged in the amounts outlined above, on the corresponding due dates of each installment payment. Should the appropriate method of payment change at any point during the above outlined schedule, Client agrees he/she will promptly notify Coach and/or Coach’s Team to ensure payments are not missed.
3. Missed / Failed Payments
Should Client fall behind in payments, or if additional payments are not able to be processed, Client understands: (1) Client will have a seven (7) day grace period to make the required installment payment upon receipt of invoice; (2) Client will owe a late fee of $25.00 should Client fail to make the required payment after the 7-day grace period has expired; (3) the reminder of the Program may be forfeited if payment is not made thereafter.
Coach reserves the right to cancel or stop working with Client should he/she become unable to make the additional payments in accordance with the Payment Schedule outlined above. Should this occur, Client understands she is not entitled to a refund of funds already issues to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
Client Signature: ______________________________ Date: _________________