By enrolling in the Creative Business BOOST or LAUNCH coaching programs, you (Client) are agreeing to the following terms and conditions of the Creative Business Boost coaching services provided by Stephanie O. (Coach) of Delightful Things (Dejlige Creative LLC DBA Delightful Things).
Each month, you will receive:
- 60-minutes of one-on-one creative coaching via video chat, screen-sharing, or video lessons
- Members-only access to a 60-minute live and recorded webinar with other Creative Business Boost/Launch participants
- Ongoing email support (allow 24-48 hours for a reply; if a call is necessary to overcome a design challenge, minutes will be deducted from your monthly coaching time. If you are in need of more extensive art or design coaching sessions, please book additional 90-minute sessions here.)
A coaching relationship between two parties is essentially a relationship whereby the Coach assists the Client in meeting the Client's potential within the areas the coaching relationship is meant to focus on. The Client hereby acknowledges and agrees:
- Client is solely and exclusively responsible for the choices that Client makes with regard to this coaching relationship, as well as the Coach's recommendations and input
- Client is solely and exclusively responsible for Client's own mental health, physical health, business decisions, and any other actions or inaction Client chooses to take
- Coach is not liable for any result or non-result or any consequences which may come about due to the Client's relationship with the Coach
- Coaching is not a therapeutic relationship or a medical one. Coach may not provide therapy or medical services, and Client is responsible for procuring these services at Client's own will and discretion if needed
- Coaching is not a professional tax or legal service. Coach may not provide tax or legal advice, and Client is responsible for procuring these services at Client's own will and discretion if needed. Client and Coach shall each be solely responsible for all of their federal, state, and local taxes.
- Coach may be engaged or employed in any other coaching business, trade, profession, or other activity which does not place Coach in a conflict of interest with the Client. Client hereby explicitly acknowledges and agrees that Coach may be engaged or employed with any other business or industry, including, in applicable, Client's direct competitors.
- The Coach and Client will agree to schedule coaching meetings at a mutually convenient time, with a maximum of 60-minutes of one-on-one time per month, for a total of 3- or 6-months.
- The Coach will be unavailable on federal and widely-observed holidays.
- Client or Coach may, from time to time, need to cancel or reschedule any of the coaching meetings, including webinars. If Coach is responsible for the reschedule, Coach will become available to Client at the soonest possibility within ten (10) business days. If Client is responsible for the cancellation or reschedule, Client agrees to notify Coach no less than 24 hours prior to the scheduled meeting. If Client cancels or reschedules within the 24-hour period, Client agrees to forego their monthly minutes, if requested by Coach (at Coach's sole and exclusive discretion). The Coach and Client will attempt to reschedule the meeting in good faith. In the event of an emergency or other similar conflict, Coach and Client will give the other party as much notice as possible if there is a possibility of interruption to the Services, whether that interruption is temporary or long-term.
Subscription & account services:
- Monthly payments will be charged on the subscription date of each month.
- You will receive a 15-day free trial period including a free 45-minute consultation, at the end of which monthly subscription payments will begin.
- At the end of your 3- or 6-month subscription, your enrollment will NOT be auto-renewed. If you would like to book further services, please contact Stephanie O. to renew, or re-enroll online here.
- Coaching minutes will be tracked in 15-minute increments on a monthly basis. Minutes do not roll over from month-to-month, and expire at the end of each month. Please contact Stephanie at email@example.com with any concerns.
- Services are non-transferable.
- This Agreement will automatically terminate after the agreed-upon amount of coaching meetings have been completed. The Parties may choose to renew this Agreement, with all of its terms and conditions, by providing notice the following amount of time prior to the planned termination: 30 days. The notice must be in writing. If the Parties agree, this Agreement will continue for a term which is the exact same as the original term.
- The Parties may also terminate this Agreement prior to its natural expiration under certain circumstances.
- This Agreement may be immediately terminated in the event that there is a breach of the terms by either Party. For a material breach, the Parties are required to give notice, in writing, specifying what the breach was, but do not have to give advance notice to terminate the Agreement.
- This agreement will also immediately terminate upon the death of the Coach or Client, the inability of the Coach to perform the Services because of a sudden and medically-documented physical or mental disability, the liquidation, dissolution or discontinuance of the business of the Client in any manner, or the filing of any petition by or against the Client or Coach under federal or state bankruptcy or insolvency laws.
- This Agreement may also be terminated by either Party in writing for any reason. Notice shall be given at least the following amount of time before termination: 30 days.
- Upon termination, all fees and reimbursements shall be paid and provided to the Coach as they have accrued up to the date of termination.
Intellectual Property & Portfolio/Social Media Use
- Coach and Client agree that all inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created or developed by each of the Parties, respectively, will be the sole and exclusive property of the Party to whom the information originally belonged. There shall be no transfer of intellectual property through this Agreement.
- All copyrights, patents, trademarks, or other intellectual property shall stay with the original Party owner.
- As described above, Coach shall be permitted to use all produced items of work Coach's professional portfolio and social media platforms, if applicable, but may not use Client's name, likeness, or other identifying details without express written permission from the Client.
Limitations, Liability, & Indemnification
- Coach's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Coach. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.
- Coach and Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from bodily injury, death of any person, or damage, real or intangible, to personal property resulting from the other's acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.
Other terms & conditions, confidentiality:
- Profits and business success are not guaranteed, and refunds will not be issued. We will work together to build your creative talents into the strongest business you can be, however success depends on your willingness to invest time, effort, and commitment to creative entrepreneurship.
- In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the Governing Law provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Virginia. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Coach will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- Governing Law: This Agreement shall be governed by and construed in accordance with the internal laws of Virginia without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement or the Services provided here under.
- The existence of this coaching relationship, as well as any information that coach receives from Client, are to be fully and completely confidential under the terms of this Agreement. Client hereby acknowledges and agrees, however, that a Coach-Client relationship is not considered a legally confidential relationship and therefore communications between Coach and Client are not subject to any legal confidentiality requirement or privilege. Coach will not, however, disclose Client's name or any of Client's information without Client's consent, unless subject to a legal requirement, such as a court order, subpoena, or law enforcement inquiry. It will be the Client's responsibility to address any confidentiality issues with the Coach. Confidential information under this Agreement shall specifically not include the following categories: (1) information that is generally known to the public or known to Client's specific industry, (2) information freely given by Client to any third-party; (3) information received by Coach from any source that is not Client; (4) information in Coach's possession prior to this contractual Agreement; (5) information developed independently by the Coach; (6) information which is received by the Coach from the Client but that may imminently harm the Client or another individual; or (7) information about any illegal activity.
- This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto, and to their respective heirs, representatives, successors, and assigns.
- No action or inaction of either Party shall constitute waiver of any of the terms of this Agreement. Waiver may only be executed explicitly in writing.
- All notices, requests, consents, claims, demands, waivers and other communications here under (each, a "Notice") shall be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other through personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.
- Coach is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. We do not collect any credit card or payment information through this site. Personally identifiable information is not available or provided to anyone outside of Dejlige Creative LLC.
If you feel that we are not abiding by any policies, you should contact us immediately via telephone at (804)404-03823 or via email (firstname.lastname@example.org).