CLIENT SERVICES AGREEMENT (the “Agreement”)

Client Information

Service Purchased: Live 1:1 Coaching Call – 45 minutes (the “Program”).

Investment: One-time payment of $175 (hereinafter referred to as the “Investment”).

This Agreement is made effective as of the purchase is made by the client, by and between Taylor Posada, LLC (hereinafter referred to as the “Coach”) and the customer (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”.

The Parties hereby agree to the following:

1.  Program/Service Description
   1. Coaching Call: One 45-minute Zoom call.
   2. Support: The Client will have one 45-minute Zoom call with the Coach. Within 24 hours after the call, the Coach will send one follow up email containing a coaching report that has the notes that were shared during the call. There is no continued support post call included.
   3. The Client is encouraged to join “The POD Connection” if seeking ongoing support.

2. Payment

The Client will pay the Investment pursuant to the following terms:

Investment: 1-time payment of $175
Payment Due: Investment due at checkout

Late / No Payments:

Payments are due on or before the due dates listed in this section. Late payments will not be accepted. If a payment is not made on or before the due dates stated herein, the Coach will send the Client an email with instructions on how to make immediate payment.

The Coach will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.

3. Refund Policy

1. No Refunds

The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. If, for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.

1. No Chargebacks

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

4. Term & Termination

The Program is scheduled by the Client via Calendly and begins on the date and time the Client chooses when scheduling their service (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon. 

The Client may not terminate the Agreement prior to the end of the Term. The Coach may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the Program.

5. Client Commitments

The Client agrees to the following as part of the Program:

1. The Client shall participate fully in the Coaching Call, and any other part of the program, to the best of their ability.
2. The Client shall immediately inform the Coach of any issues or difficulties they may have with the Program.
3. The Client shall complete payment of the Investment according to the Terms herein.

6. Coach Commitments

The Coach agrees to the following as part of the Program:

1. The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of her ability.
2. The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.
3. The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.
4. The Coach agrees to conduct the Coaching Call by Zoom.

7. Disclaimer

The Client understands that the Coach is a business coach.

The Client understands that the Coach is not an attorney, financial advisor, and/or accountant. The Coach and Client’s work together is not a substitute for professional financial, business, or legal advice.  The Client understands that the Coach does not guarantee any outcome, income revenue, and/or profit from the Parties’ work together]. 

8. Cancellations, Rescheduling Appointments & No-Shows

If you are unable to keep an appointment that we have, please provide 24-hour notice to the Coach. The Client can reschedule their appointment by contacting the Coach at [email protected] or clicking reschedule in their original confirmation email from Calendly. If the Client does not show up for their scheduled call – it is up to the Coaches discretion whether the Client will be allowed to reschedule. The Coach reserves the right to refuse rescheduling for Client no show.

9. Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

10. Indemnification

Client agrees to indemnify and hold harmless the Coach, Taylor Posada, LLC and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Taylor Posada, LLC or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.

11. ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Maryland. The arbitration hearing shall be held in the state of Maryland. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

12. Entire Agreement

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

13. Severability

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

14. Applicable Law + Venue
    This agreement shall be governed by the laws of the state of Maryland. Any action brought by any party arising out of or from these Terms shall be brought within the Maryland, County of Harford.

15. Photograph and Testimonial Release

The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.

16. Confidentiality                                                

The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.        

Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.

17. Recording Sessions

The Coach will advise the Client in writing in advance of any sessions if their session(s) will be recorded for any reason. The Client may not record any sessions with the Coach without the Coach’s prior written consent.

18. Force Majeure

In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.

19. No Guarantees, Warranties or Representations

The Coach has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the outcome or success (or the likelihood of such) in working with the Coach. The Client understands that due to the nature of the Program, the results experienced by each client may vary. The Coach does not make any guarantees other than that the Program shall be provided to the Client in accordance with the terms of the Agreement as stated herein.

[END OF AGREEMENT]