PROPOSAL
The terms of this agreement state that you, hereby referred to a "client," enter into a Consulting agreement with Kat Schmoyer, KS Agency, Creative at Heart Conference Inc., hereby referred to as "consultant," for coaching or consulting services.
PAYMENT
The entire session fee is due upfront and before the session occurs to reserve the session date in the consultant's calendar. If client decides to end this agreement, the consultant retains the full payment amount for time spent on research and session preparation.
SERVICES
Throughout the working relationship, the consultant will engage in direct and personal conversations. The client understands that successful Coaching requires a co-active collaborative approach between client and consultant. In the relationship, the consultant plays the role of a facilitator of change, but it is the client's responsibility to enact or bring about the change.
DELAYS + CANCELLATION
Client shall use all reasonable efforts to provide needed information or materials prior to the session. Any delay by client will result in a either the rescheduling of a session or may impact the overall quality of the session and the consultant ability to advise the client to the best of her ability. Each party shall use reasonable efforts to notify the other party, in writing, of a delay or cancellation within 72 hours of the session. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, labor disputes, riots, acts of war, terrorism and epidemics.
CONFIDENTIAL INFORMATION
All material considered confidential by either party shall be designated as confidential. Confidential information shall not be disclosed to third parties and shall only used as needed to perform this agreement. Confidential information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure. Rest assured that the consultant will not share any personal information disclosed prior to or during the session without explicit written permission from the client.
RELATIONSHIP OF THE PARTIES
Consultant is an independent contractor. The consultant shall determine, in her sole discretion, the manner and means by which the services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. Please note that the consultant is not a lawyer, psychologist, psychiatrist or other such medical professional. Advice given during a session is not meant to replace the advisement of a legal or medical professional.
WARRANTIES
The consultant will engage in open and honest communication with the client, advising them as best she knows how to implement change and reach the client's work-related goals. This relationship does not offer any warranty or guarantee of success. The client must take it upon themselves to implement change and ensure their work-related goals are reached.
SESSIONS
The consultant will clear the allotted time for a session on her calendar and enters into each session free of distraction or prior engagement. The client is asked to do the same in order to protect the integrity and productivity of the session. It is the client's responsibility to schedule the session directly with the consultant, and sessions may be scheduled on a one-time or recurring basis. Sessions will be conducted in the agreed upon format in either an increment of 60 minutes or otherwise agreed upon duration.
DISPUTE RESOLUTION
Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.
Modifications to this agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. all notices under this agreement shall be given in writing either by: (a) fax or email, with return confirmation of receipt; (b) certified or registered mail,with return receipt requested.notice will be effective when received,or in the case of email or fax, on confirmation of receipt. rights or obligations under this agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party. This agreement shall be governed by the law of South Carolina. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law. headings and numbering used in this agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this agreement, and shall not have any legal effect. This agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this agreement.
GENERAL
Kat Schmoyer, KS Agency, Creative at Heart Conference LLC. and it's legal representatives and assigns, are not liable for shared information during the Coaching session. Consultant suggests that for legal & tax questions, the client speak with their legal representation.
This Agreement shall be governed by the laws of the Commonwealth of Virginia.
This Agreement incorporates the entire understanding of the parties.