This agreement, which the Purchaser agrees to, is for the Stop Scrolling, Start Scaling coaching package at a rate of $375.00 bi-weekly. This fee nonrefundable.
The service the Coach is providing the Client is Group Coaching. Coaching of any form is not counseling or therapy and may address overall goals, specific projects of the Client, or business structure. Coaching services by the Coach may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, and asking clarifying questions. The Coach agrees that all information provided by the Client will be kept confidential and never shared with or sold to a third party.
During our 12-weeks of Group Coaching services, the Coach may ask direct & personal questions of the Client. Coach ensures that all information that Client shares with Coach will be kept confidential. The purpose of these questions is to work through potential mindset blocks and achieve greater clarity for both the Coach and the Client.
In order for the Client to achieve maximum results, the Coach requests that the Client agree to the following:
- Please be present on all group coaching video calls. If you are unable to make it, please advise your Coach in advance. Missed appointments will not be rescheduled. All replays will be accessible within our Facebook Group for you to watch at your discretion.
- Be open and honest during all sessions. Please have all homework assignments completed and prepared nearby for our call for efficient review.
- If you feel that the Program is not working in a way, please communicate feedback to the Coach.
Except where expressly noted, the Coach makes no guarantees or warranties of results. The purpose of coaching is for the Client to take what they have learned and apply it to their respective business in their own unique way. In no event will the Coach be liable to the Client for 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, will be limited to the amount paid by the Client to the Coach under this agreement for all services rendered up until the termination date.
Name: Stop Scrolling, Start Scaling
Description: This is a 90-day group coaching program designed to help social media managers, virtual assistants and online business managers build the sustainable business of their dreams, scale to $5K months, and offer a premium client experience. There will be 12 live group coaching calls with Emma Tessler, which will cover 12 unique Modules. There will also be 2 Bonus Modules shared in our private Facebook Group community, weekly 1:1 content review, and downloadable worksheets exclusively designed for students.
Nonrefundable deposit due: $375
Payment for Services
We’re sure you understand the importance of prompt payments as a small business.
In the unlikely event that any invoice is not paid within 10 days, the Coach will add a 1% late fee per day to the owed amount. Should payment remain unpaid for 15 days, the Client participation in the Program will be suspended and all invoices will be due.
Cancellation Policy
Client may cancel participation in the Program at any time for any reason by providing written notice to the Coach. Upon cancellation, access to the Program and Services will be terminated. However, cancellation of the participation and/or this Agreement by the Client will not extinguish the Client’s obligation to pay the full Program fee as outlined in Section "Payment". The Client will remain obligated to pay all remaining unpaid Program fees in full.
In the event that Client engages in abusive or unprofessional behavior in the Program, towards representatives of Ninety Five Media, Ninety Five Media reserves the right to cancel the Client’s participation and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. The Client will remain obligated to pay all remaining unpaid program fees in full.
The Coach may decide to terminate the coaching relationship at any time. In the event that Coach decides to do so, the Coach shall release the Client from any further financial obligation under the Contract. This does not include the circumstances described in above (see: abusive or unprofessional behavior).
The Client’s failure to effectively participate in the Program is not grounds for a refund.
Refund Policy
Due to the nature of the services provided, no refunds can be provided. The Client understands that disputing a charge through his or her financial institution (in the form of a “chargeback”) is a violation of this Agreement and agrees to not do so. To the extent that the Client provides Ninety Five Media with credit/debit card(s) information for payment on the Client’s account, Ninety Five Media shall be authorized to charge the Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
Availability & Schedule
Coach and Client agree to have coaching meetings on the dates and times that will be determined by the Coach. The length of each coaching meeting shall be as follows: 60 minutes or less. The Parties agree to the following number of meetings total under this Agreement: 12. All calls will be group coaching calls. Attendance for all calls is expected. If more than 4 calls are missed, the Coach may ask the Client to leave the program.
Holidays
Coach will be unavailable on all public USA Holidays.
Response Time
Client agrees to respond to Coach no later than the following amount of time after being reached out to for communication: 48 hours. In the event of an emergency or other similar conflict, Coach will give the Client as much notice as possible if there is the possibility of interruption to the Services, whether that interruption is temporary or long-term.
COVID-19
The Stop Scrolling Start Scaling program and all exercise dates, time periods and deadlines in this agreement are tolled for the length of any COVID-19 stay at home, quarantine and other individual and group movement restrictions mandated by corporate, city, state and federal authorities, including but not limited to the cessation of non-necessity based business virtual meetings, and other related Ninety Five Media related activities and any extensions thereof.
Intellectual Property
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.
Confidentiality
All content shared by the Coach to the Client during this program, are for personal use only. This includes but is not limited to: worksheets, checklists, templates, scripts, homework, graphics, slide decks, etc. They CANNOT be sold or repurposed.
All information shared with the Coach by the Client will be confidential, except for when Client agrees in writing to provide a testimonial about their experience with Coach's services, progress through the program, or in a Monthly evaluation.
Service Interruption
Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond their reasonable control, including, but not limited to, acts of God, acts of war, fire, laws, proclamations, edits, ordinances or regulations, riots, earthquakes floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations hereunder shall resume.
Indemnification Clause
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.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any proceeding based on or arising out of this Agreement shall be New York, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall equally share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Limitation Of Liability
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.
This agreement represents the entire understanding between the parties concerning the particular project to which it refers and supersedes all prior negotiations, understandings and agreements concerning the same. This agreement may be amended only in writing, executed by both parties.
The Client’s signature on this document represents their agreement with the terms outlined above and understanding of the services to be provided.