1:1 Coaching Terms and Conditions
This Coaching Agreement (this "Agreement") is entered into by and between You ("Client" or "You") and Raising Superkids LLC ("Coach" and together with Client, the "Parties", and each a "Party"). By purchasing coaching services through the Coach's online cart system, You agree to be bound by this Agreement, which shall commence and be enforceable with respect to You upon the date You purchase the services (the "Effective Date"). The Parties agree as follows:
Client-Coach Relationship
An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:
Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Client specifically agrees to be open to coaching.
By participating in the coaching, You agree to accept personal responsibility for the results of Your actions. You agree that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.
Not Medical Advice
The Coach and its employees cannot offer You medical advice. Its programs, products, and services are not intended to diagnose, treat, or cure any disease and shall not be understood or construed as medical advice. Our programs are intended for individuals who are in generally good health and not in need of medical treatment. Those programs, products, and services are not a substitute for medical advice from a licensed doctor or other medical professional who is aware of the facts and circumstances of Your individual situation. We provide health-related education, information, and do-it-yourself tools that You use at your own discretion.
Coaching Sessions
Coach shall provide a minimum of 2 coaching sessions per month to Client. Each coaching session will last 60 minutes and will be conducted via video call.
Availability Between Coaching Sessions
The Parties intend for the Coaching Sessions to be the primary avenue for the Coach to serve the Client but recognize that issues will sometimes arise between those Coaching Sessions. Client shall be entitled to seek guidance from Coach between coaching sessions via Signal App. Coach commits to respond to these coaching requests within 2 business days. Client agrees that Coach's availability between coaching sessions is subject to discretion and can be revoked if, in the Coach's sole discretion, Client is making an unreasonable number of requests between coaching sessions. Before revoking access between coaching sessions, Coach will bring the excessive use to the Client's attention at least once.
Fees
In consideration of the Services provided by the Coach, Client agrees to pay a recurring monthly fee of $5,000 for a fixed term of three (3) months, which will be automatically billed on the same calendar day each month as the original purchase date (the "Billing Date").
Client agrees to pay for the full three-month term. Early termination by Client does not release them from this financial obligation.
From time to time, Coach may offer promotional pricing, discounts, or special offers that temporarily reduce the monthly payment amount. Any such promotional price or discount shall be communicated to the Client in writing and will automatically apply for the designated promotional period without requiring an amendment to this Agreement. Once the promotional period ends, the monthly fee shall revert to the standard rate of $5,000, unless otherwise specified in writing by the Coach.
Client hereby authorizes the Coach to charge their credit card or debit card automatically for these monthly fees, including any adjusted fees based on promotions or discounts as applicable. Payment to Coach of such fees shall constitute payment in full for the performance of the Services.
In the event that Client fails to make any such payment, the coaching sessions will be suspended until payment is made. Failure to make payment within 10 days of the due date may result in termination of this Agreement at the Coach's discretion, and Client shall remain responsible for any outstanding balance for the three-month term.
No Refunds
All sales are final, and the Coach does not offer any refunds for unused sessions or money-back guarantees. Promotional pricing, discounts, or special offers do not alter this policy.
Client acknowledges that they are committing to a fixed three-month term and remain financially responsible for the full term, even if they choose to discontinue coaching before the term ends.
You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.
Courtesy Refunds:
In rare and exceptional circumstances, the Coach may, at its sole discretion, issue a courtesy refund or credit. All courtesy refunds are subject to non-refundable third-party payment processing fees, which will be deducted from the refund amount. The Coach does not control or profit from these processing fees; they are charged by the payment processor and are not returned to the Coach when a refund is issued. Such courtesy refunds do not waive the Coach's No Refunds policy, nor do they create any precedent or expectation of future refunds. Courtesy refunds are granted on a case-by-case basis and do not modify the terms of this Agreement.
Procedure and Scheduling
Coach and Client will agree to a mutually agreeable time for the coaching sessions. Once a coaching session is scheduled, You may not cancel or reschedule that session unless You do so at least 24 hours before it is scheduled to begin.
If Client fails to attend a scheduled session without prior notice, that session will be forfeited and will not be rescheduled.
All coaching sessions must be scheduled and used within the three-month term. Unused sessions do not roll over beyond the end of the Agreement.
Confidentiality
The Coach shall treat the relationship with Client, as well as all information shared by the Client, as confidential. Coach shall not disclose the existence of the relationship or any information shared during the coaching sessions without the Client's written consent. This means that the Coach will not disclose the Client's name as a reference without the Client's consent.
Client should be aware that a coach-client relationship does not give rise to privilege or any other legally protected confidentiality. That means that Coach could be ordered by a court to disclose information related to the relationship. Coach will notify Client of any legal request that would implicate Client's information prior to disclosing it but may not be able to oppose disclosing the information.
Confidential Information does not include information: (a) known to Coach prior to Client disclosing it; (b) that is generally known to the public or in the industry; (c) obtained by Coach from a third party, without breach of any obligation to the Client; or (d) that is or was developed independently by Coach without use of or reference to the Client's confidential information.
Use of Public Comments And Praise
To preserve the Client's confidences, the Coach will not publicly post anything about Client's sessions or coaching experience on social media or otherwise without the Client's express written permission.
To the extent Client chooses to make any public disclosures about the coaching experience, whether through social media or other media, the Coach may reshare that information. This will include the right to reshare the Client's comments, praise, or other disclosure on social media and other online platforms. In other words, if You choose to say anything about the coaching experience publicly, the Coach has the right to use those public comments to market and promote the Coach's business.
This will include any necessary licenses to the copyright in Your post and the right to use Your name, image, or likeness (to the extent they are attached to Your post) to promote the Coach's business.
Termination
This Agreement shall continue for a fixed term of three (3) months from the Effective Date. It will not automatically renew, and if Client wishes to continue coaching beyond this period, a new agreement must be executed.
The Coach reserves the right to terminate this Agreement early if the Client: fails to make a required payment, violates the terms of this Agreement, or engages in conduct that the Coach deems unproductive or inappropriate for the coaching relationship.
In the event the Coach terminates this Agreement, no refunds will be issued, and services will be provided through the end of the period for which fees have been paid.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY 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 THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Choice of Law & Choice of Forum
The Parties agree that any dispute, claim, or controversy arising under or related to this Agreement shall be exclusively resolved through binding arbitration in Arkansas under the rules of the American Arbitration Association. The arbitration decision shall be final and enforceable in any court of law.
Fee Shifting
The Parties agree that the prevailing Party in any action relating to or arising out of this Agreement will be awarded its reasonable attorneys' fees and costs incurred as a result of such a proceeding.
Miscellaneous Clauses
The Parties further agree:
Entire Agreement. This Agreement 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.
Amendments. The Company reserves the right to modify or update these Terms and Conditions at any time. When material changes are made to the payment, refund, or other key policies that affect Your rights or obligations, the Company will notify all active clients via email at least thirty (30) days before the effective date of such changes. The notification email will include a summary of the changes and a link to the updated Terms and Conditions. Your continued participation in the Program after the effective date of any changes constitutes Your acceptance of the modified Terms and Conditions. If You do not agree to the modified terms, You may raise Your concerns with the Company before the effective date. For clarity: email notice plus continued participation constitutes a valid written amendment to this Agreement; no physical signature is required for such amendments to be binding.
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.
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.
Assignment. Neither Party may assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party. For the avoidance of doubt, any party may rely upon employees or independent contractors to perform any work required of it in this agreement, but the Party shall remain ultimately responsible for the completion of that work and its quality. Any purported assignment or delegation in violation of this Section shall be null and void.
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.
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.
Indemnification. Each Party (the "Indemnifying Party") agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising from the Indemnifying Party's (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.
Force Majeure. Neither Party shall be liable or responsible to the other, 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 that Party 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 or pandemic, 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. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.