This agreement for private coaching services (“Agreement”) is made between you (“Client”) and The Wild Voice, a California Corporation (the “Company”) on the date this Agreement is mutually executed.
WHEREAS: The Company possesses certain skill, knowledge, and expertise in speech and dialect for professional purposes and Client wishes to retain the services of the Company as outlined in the services below.
In consideration of the services as described herein and of the mutual benefits and obligations in this Agreement, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Company and the Client, jointly referred to as the Parties or individually, a Party, hereby agree to be bound by and comply with the following terms and conditions:
The Client will receive private coaching services from the Company on a date to be decided by the Parties. The Services will consist of 45 minutes of the Company helping the Client find their story, for use in branding, copy, speeches and speechwriting, and pitches.
IF VIRTUAL: Video Recordings. Client may choose to have their virtual coaching session recorded. Access to video recordings will be emailed to the Client within 48 hours of each coaching call. The Client must download their copy within the allotted time to have permanent access to it. The Client agrees the recordings are for their private use and agrees not to post, publish or otherwise share the video recordings after downloading them unless they have the prior written consent of the Company.
IF IN PERSON: Audio Recordings. Client is permitted to audio record their session with their own personal equipment such as a cell phone or tablet. Client agrees to receive written permission from the Company should they desire to record in some other fashion or with other equipment. The Client agrees the recordings are for their private use and agrees not to post, publish or otherwise share the audio recordings after downloading them unless they have the prior written consent of the Company.
Client understands this coaching relationship is intended to help reach their goals but that Client must work to see their desired results. The Client agrees to make genuine effort and commit their time to facilitate the coaching relationship including, but not limited to: Complying with the terms of the Agreement; Communicating in a timely manner; Making successful payments on time; Attending their session for the full duration; participating in any activities, exercises, assessments, or assignments prior to or during their scheduled session.
The Client will pay the Company $450.00 for the Services. Client understands payment in full is required before the Company can render any services. In the event Client fails to make the payment less than 24 hours before scheduled appointment, the Company reserves the right to cancel the session.
Cancellations, Refunds and Chargebacks
Both Client and the Company have the right to cancel the Services. If the Company cancels at any time prior to the Services being delivered, the Company will render Client a full refund unless rescheduling is feasible under the circumstances.
If Client cancels their scheduled session, Client will receive a 100% refund if cancellation occurs at least 3 calendar days before the scheduled event; otherwise Client will not be entitled to a refund.
In the event Client wants to engage in the chargeback process, Client agrees to first engage in an informal, good faith dispute resolution attempt for 30 calendar days.
Client understands the coaching relationship is intended to provide supplemental support for Client’s professional speaking endeavors. Client understands the Services do not constitute or are intended to be a replacement for therapy, medical advice, diagnosis, opinion, or treatment with regard to speech, fear, or faculties related to mental health.
SCHEDULING & RESCHEDULING
Client agrees to schedule their session after payment is rendered. If Client needs to reschedule, the Company cannot guarantee availability for rescheduling but will make a good faith effort to find time so long as the Client gives reasonable notice of the need to reschedule. Reasonable notice is at least seven calendar days from the date of the scheduled session. If rescheduling is not possible, the Client will be refunded according to the cancellation terms.
Client may contact Samara Bay via email at [email protected] and expect to receive a response within two business days of their email. If Client uses any form of communication other than email including, but not limited to, Instagram, Facebook, LinkedIn or other social media and chat platforms, Client should not expect to receive a timely response and will be redirected to communicate via email in compliance with this Agreement.
Client agrees to provide a testimonial after the Services. Client consents to the use of their testimonial by the Company for business purposes including a photo of Client’s choosing. Identification of the Client shall be limited to information already available to the public including first name, last name, and company name. The Client has the right to revoke consent for use of their testimonial in writing at any time.
The Company agrees to keep confidential all information and content shared by the Client to the Company for purposes of carrying out this Agreement. Such confidentiality will survive the termination of this Agreement. If necessary to carry out the Services and protect the confidentiality of the Client, the Company agrees to cooperate with Client’s requests to sign non-disclosure agreements, confidentiality agreements, and participate in other action to protect the Client’s professional interests.
This Agreement shall commence after this Agreement has been mutually executed and Client has made the required payment. This Agreement shall terminate upon completion of the Services.
Termination of this Agreement may occur by the Company or the Client subject to the cancellation terms, any other terms in this Agreement, and upon completion of the Services.
Client acknowledges that their desired results or results from other testimonials provided by the Company are not guaranteed. The Company makes no promises regarding the Client’s professional speaking skills, speaking endeavors, or business.
Any dispute, claim, or controversy arising from or relating to this Agreement must exclusively be resolved first via a good faith attempt by both parties. In order to be considered a “good faith” attempt, the complaining person must give the other written notice of the dispute within 7 calendar days of the dispute arising. If good faith attempts fail after 45 calendar days from receiving notice then the Parties agree to resolve the dispute through formal mediation with a mutually agreed upon mediator. Mediation to take place in Los Angeles County, California. The Parties will share the costs of mediation services equally but will be responsible for their own legal fees and costs, if any.
Client acknowledges that by virtue of receiving the Services, the Parties are using and sharing materials that are the intellectual property of the Company which include, but are not limited to, coined phrases, terminology, frameworks, worksheets, materials, program names, slogans, logos, and any other material subject to protection by trademark or copyright law. The Company does not grant Client any license to use the intellectual property of the Company. Client agrees not to share, duplicate or make commercial use of any intellectual property without the express written consent of the Company. Similarly, the Company has no interest or right to any intellectual property that may be shared by the Client in order to carry out the Services.
In the event that the Company is unable to perform under this Agreement due to sudden extreme illness, an act of God, act of terrorism, flood, war, government laws and regulations, including, but not limited to events resulting from pandemics and quarantines, technical difficulties, conditions beyond the control of the Company, and other conditions or circumstances that could not have been prevented by the Company’s exercise of prudence, diligence and care, the Company shall not be held liable for any failure or delay of performance of their obligations under this Agreement.
LIMITATION OF LIABILITY
THE COMPANY LIMITS ITS LIABILITY TO THE EXTENT PERMITTED BY THE LAW, AND WILL NOT BE LIABLE FOR DAMAGES, AS IT RELATES TO THE SERVICES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CLIENT FOR ANY CLAIMS IN AN AMOUNT EXCEEDING THE AMOUNT PAID FOR THE SERVICES OR $100.00, WHICHEVER IS GREATER.
Client agrees to defend, indemnify and hold harmless the Company and its agents from and against all third party claims, liabilities, losses, damages, costs, expenses, judgments or penalties arising out of or related to the Services including, but not limited to, any acts, messages, communications or events, or the impacts thereof, related to Client’s purpose for seeking the Services, where the Company was found to act with gross negligence, fraud or mal intent.
Governing Law. This Agreement shall be construed and governed by the laws of the state of California without regard to principles of conflicts of law.
No Waiver. The failure of a party to require strict performance of any provision of this Agreement by the other shall not be construed as a waiver or preclusion by such party of any right or remedy.
Assignment. Client does not have the right or ability to assign or transfer this Agreement, in part or in full, without the written consent of the Company. Any attempt to do so shall be void.
Time is of the Essence. The Client hereby understands and acknowledges that time is of the essence with respect to their obligations defined in this Agreement and that prompt and timely performance of all such obligations is strictly required.
Attorneys Fees. The Parties shall be responsible for their own attorneys’ fees.
Authority. By signing this Agreement, the Parties represent they have the authority to enter into this Agreement and there is nothing preventing the parties from fulfilling their obligations under this Agreement.
Severability. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement.
Amendments. These terms may not be amended or modified, in whole or in part, except by an express written agreement between the Parties.
Headings. The headings in this Agreement are for organization only and shall not limit or otherwise affect the meaning of any provision of this Agreement.
Counterparts. This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement.
Electronic Signatures. Electronic signatures are binding and will have the same legal effect as handwritten signatures.
Entire Agreement. This Agreement contains the entire understanding between the Parties for the Services. The Parties acknowledge that they have read and understand the terms contained herein and agree to them. This Agreement supersedes all prior agreements, representations, or understanding whether written, oral, implied, or otherwise between the Parties.