Coaching Services Agreement
This Services Agreement (this “Agreement”), dated from the date of purchase (the “Effective Date”), is by and between Smart HomeschoolerTM (“Service Provider”) and Client (“Client” and together with Service Provider, the “Parties”, and each a “Party”).
WHEREAS, Service Provider has the capability and capacity to provide certain homeschooling and parenting coaching services; and
WHEREAS, Customer desires to retain Service Provider to provide said services, and Service Provider is willing to perform such services under the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Service Provider and Customer agree as follows:
1. Services. Service Provider shall provide to Customer the services (the “Services”) set out in the statement of work, which is attached hereto as Exhibit A (the “Statement of Work”). The Statement of Work shall not be modified or expanded except by written agreement of the Parties.
Fees and Expenses.
2.1. In consideration of the provision of the Services by the Service Provider and the rights granted to Customer under this Agreement, Customer shall pay a single payment of $125.00, which is due and payable at time of purchase. Payment to Service Provider of such fees shall constitute payment in full for the performance of the Services.
2.2. Customer understands that all coaching sales are final and non-refundable.
Limited Warranty and Limitation of Liability.
3.1. Service Provider warrants that it shall perform the Services:
(a) In accordance with the terms and subject to the conditions set out in the Statement of Work and this Agreement.
(b) Using personnel of commercially reasonable skill, experience and qualifications.
(c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.
4. Confidentiality. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” is identified as confidential when disclosed, or which the Receiving Party should reasonably know to be confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party's breach of this Section 7; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement.
If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party's sole cost and expense, a protective order or other remedy.
5. Term & Termination.
5.1. This Agreement shall commence as of the Effective Date and shall continue thereafter unless sooner terminated pursuant to Section5.4, unless sooner terminated pursuant to Section 5.2 or Section 5.3.
5.2. Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”), if the Defaulting Party:
(a) Materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 15 days after receipt of written notice of such breach.
(b) Becomes insolvent or admits its inability to pay its debts generally as they become due.
(c) Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 business days after filing.
(d) Is dissolved or liquidated or takes any corporate action for such purpose.
(e) Makes a general assignment for the benefit of creditors.
(f) Has a receiver, trustee, custodian, or similar agent appointed by order
of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
5.3. Service Provider may terminate this Agreement before the expiration date of the Term on written notice if Customer fails to pay any amount when due hereunder and such failure continues for 15 days after Customer's receipt of written notice of nonpayment.
5.4. This Agreement shall continue until services are rendered. Service Provider may terminate the Agreement without cause by providing written notice with a 60 day advance notice to Customer. In the event of termination under this provision, the Service Provider shall continue to provide service through the end of the 60 day period.
5.5. Limitation of Liability. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
6. Entire Agreement. This Agreement, including and together with the attached
Statement of Work constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
7. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
8. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.
9. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
10. Assignment. Customer shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Any purported assignment or delegation in violation of this Section 11 shall be null and void. No assignment or delegation shall relieve the Customer of any of its obligations under this Agreement.
11. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
12. No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this
Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
13. Choice of Forum. Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through arbitration to be held in Walnut Creek, California under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
14. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
15. Force Majeure. The Service Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of 15 days, Customer shall be entitled to give notice in writing to Service Provider to terminate this Agreement.
IN WITNESS WHEREOF, and by checking the acceptance box, the parties hereto have caused this Agreement to be executed as of the Effective Date by their respective duly authorized officers.
EXHIBIT “A” STATEMENT OF WORK
Homeschool and Parent Coaching Agreement
As your coach, you can expect me to:
1. Encourage you to care for yourself so that you can be your best as a parent and/or homeschooler 2. Support you in setting goals and taking the steps to meet your goals.
3. Provide careful listening, powerful questions and honest feedback.
4. Respect the confidentiality of this agreement and what is shared in our time together.
As my client, I expect that you will:
1. Come to coaching sessions with a sober mind and open heart ready to be honest with yourself and with me. 2. Commit to goals that are meaningful to you.
3. Take ownership for your progress and your accomplishments.
4. Recognize your failures and shortcomings as opportunities for meaningful growth.
5. Respect the confidentiality of this agreement and what is shared in our time together.
Payments for all services are required in advance of the scheduled appointment.
A scheduled time will be mutually agreed to by both of us. You are responsible for contacting me to schedule you coaching time.
My time is valuable, as is yours, and is to always be treated as such by both. Cancelled appointments require a minimum of 24 hours' notice or are subject to your session fee not being refunded. Any appointments paid in advance are not refunded if you choose not to continue coaching for any reason.
Confidentiality and Informed Consent
I protect the confidentiality of all my clients. I will only release information about our work with your written permission or if I am required to do so by a court of law.
Breaches of confidentiality, in which I am obligated to report confidential information, are specific in only two instances:
(1) If I have information that indicates that a child, elderly or disabled person is being abused or neglected I am obligated by law to report this information to the appropriate local agencies for the protection of that person. (2) If a client is in imminent risk to him/herself or makes threats of imminent violence against another person, I am required by law to report this to the appropriate local agencies for protective action.
Though these situations rarely occur in coaching, when and if they do occur, I will do my best to communicate in advance any necessary and legally obligated protective action that I may take.
Coaching and Psychotherapy
Homeschool and Parent coaching services aim to increase homeschool and parenting confidence, comfort and parent-child relationships. This is done by recommending and encouraging you to make changes in either your approach to homeschooling and/or significant behavior and lifestyle changes to incorporate new teaching and parenting skills. Psychotherapy is a health service that includes mental health practitioners with training and experience in diagnosing and treating emotional and psychological problems. The coaching provided does not include psychotherapy or any other health care service.
Though at times it may feel like a close personal relationship, the coaching relationship is a professional relationship that does not extend beyond professional boundaries either during or after our work together.
As the coach, my job is to further build on and develop the homeschool and parenting skills and knowledge
you already possess and to assist you in decisions about making changes. I will be honest, direct, and at times challenge you in ways that might feel uncomfortable. The goal of homeschool and/or parent coaching is for
you to be a calm and consistent parent and a knowledgeable homeschooler. As a coach, I will encourage you to become the loving leader in your home and homeschool.
As the client, you will set the direction and focus of the coaching sessions and to determine how much change
you are able or willing to make. You will be expected to be honest about your progress and to speak up and discuss concerns should the coaching relationship not be meeting your expectations.
Coaching does not offer any guarantee of success or definitive changed behavior of your child but the more one is committed to change, the more beneficial the experience can be.
By registering for a coaching session, you agree to the following:
1. I agree to all terms and conditions above and am committed to change and improving my homeschooling
and/or parenting skills, confidence, and relationships with my children.
2. I understand that homeschool/parent coaching is a comprehensive process in which many areas of my life
including work, finances, health, relationships, education and recreation will be discussed. I acknowledge that deciding how to handle these issues and implement any changes is exclusively my responsibility.
3. I understand that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. I understand that coaching is not a substitute for counseling, psychotherapy,
psychoanalysis, mental health care or substance abuse treatment. I will not use it in place of any form of diagnosis, treatment or therapy.
4. I promise that if I, the parent, am currently in therapy or otherwise under the care of a mental health professional, that I have consulted with the mental health care provider regarding the advisability of working with a coach and that this person is aware of my decision to proceed with the coaching relationship.
5. I agree to be forthcoming about any medical or other professional treatment for behavior related issues my child(ren) may currently be undergoing.
6. I understand this coaching relationship is between coach and parent(s). At no time will the parenting coach engage or work with my child(ren).
By checking the box and agreeing to the terms set forth, it indicates that you have read the information in this agreement and agree to abide by all its terms and conditions during the professional coaching relationship. I appreciate your trust and the opportunity to serve you.
Elizabeth Y. Hanson
Homeschooling and Certified Parenting Coach