Terms and Condition
This Coaching Agreement (the “Agreement”) is between the undersigned client (“Client”
or “You” or “Your”) and Kimesha Coleman Coaching LLC (“KCC LLC”).
In consideration of the fees and services exchanged, the parties agree to the Terms and
1) Definition of Services.
- Coaching Plan. KCC LLC will provide one-on-one and/or group coaching sessions. Your term shall commence upon your execution of this Agreement.
- Rate. At the time you execute this Agreement, you will be charged in advance for the coaching sessions.
2) Nature of the Relationship
- KCC LLC offers life coaching services. These sessions are coaching sessions for your planning, education, and motivation. KCC LLC represents, and by signing this Agreement, you acknowledge that you understand and agree, that these coaching sessions are not psychological counseling, relationship counseling, financial advising, estate planning nor any other type of counseling or therapy sessions.
- In addition, by signing this Agreement, you acknowledge that KCC LLC Coaches are not financial advisors nor are they brokers/dealers. No content provided by either the coaching or the coaching course materials is intended as financial advice and KCC LLC does not recommend any particular
- If you feel you need professional counseling or therapy, it is your responsibility to seek the help of a licensed professional.
- From time to time your coaching calls may be monitored or recorded as part of your personal assessment, our ongoing quality process and training for the coaches.
3) Cancellation Policy
- Cancellation. In the event that you decide to cancel this Agreement, you must provide written notice by email to [email protected], stating the reasons that you have decided to cancel. Because KCC LLC’s actual damages would be difficult to calculate, you agree to pay the full fee agreed upon to KCC LLC as liquidated damages, and not as a penalty, if you cancel your coaching prior to completing your original term of this Agreement, or if KCC LLC cancels this Agreement pursuant to Section 3D. of this Agreement. These liquidated damages will be due at the time of cancellation and may be deducted from payments already made, paid by check or charged to the credit card on file, if any. These liquidated damages are non-transferable. In the event you decide to cancel this Agreement, KCC LLC shall retain the tuition of the coaching sessions you have completed and will calculate any refund due, if any, based proportionately on the total amount of the contract already paid and the number of sessions completed, plus the amount of the liquidated damages.
- 72 Hour cancellation. You may cancel this transaction without penalty or obligation by submitting to KCC LLC, a signed and dated written notice postmarked prior to midnight of the third business day after the date of this Agreement.
Your notice must be emailed to [email protected] Faxed notices are not acceptable.
- Assigned Coach. You are not entitled to a refund if the originally assigned coach is not available.
- Account Activity. From the date of your execution of this Agreement, you have 3 days to complete and submit your client enrollment/intake form to KCC. Upon KCC’s receipt of your completed client enrollment form, you have up to 14 days to complete your first coaching session. If
(i) you fail to complete your client enrollment form and/or your first coaching session within 14 days, or
(ii) you fail to attend any coaching sessions for at least 30 consecutive days, or
(iii) you do not make your monthly payment by the agreed-upon dates of your coaching sessions, then KCC LLC shall have the right to cancel this Agreement, and you will be subject to liquidated damages as provided for in Section 3A., above.
- Expiration Date. You have a 30-day grace period at the end of your contract to complete all coaching sessions outlined in your coaching package. Once all sessions are complete, or at the end of the 30-day grace period following the end of your coaching package, whichever is sooner, if you do not sign up for an additional session(s), the Agreement will automatically end. At that time,
4) Missed and Rescheduled Sessions
- You will contact your Coach at agreed-upon times, by calling or by email, which will be provided to you, and you will be responsible for the telephone charges.
- If you miss your regularly scheduled call for any reason, without giving 24-hour notice, the call will be considered a completed session and will not be replaced.
- If you are late in making your scheduled call, the coaching session will end at its regularly scheduled time, irrespective of the length of the call, and will be considered a completed session.
5) General Provisions
- Warranties. You acknowledge that you are not relying upon any warranties, promises, guarantees or representations made by KCC LLC or anyone acting or claiming to act on behalf of KCC LLC unless it is in writing and made a part of this Agreement. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this Agreement. This Agreement contains the entire understanding and agreement between you and KCC LLC and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and KCC LLC.
- Acceptance. By executing this Agreement, you agree to be bound by all the terms and conditions herein. Your execution of this Agreement will be required prior to commencement of any Coaching sessions as contemplated by this Agreement.
- Subject to Change. Dates and times of sessions will be determined by Coach availability.
- Assignment. This Agreement may not be assigned to another individual or entity.
6) Payment Method
Client authorizes KCC LLC to accept payment as directed by Client and authorizes KCC LLC to charge your credit card on file, if any, for any and all amounts due pursuant to this Agreement.
You agree to indemnify and hold harmless KCC LLC, and affiliated companies, their officers, directors and employees from any and all claims, demands, suits, expenses, costs, judgments or other charges incurred by you as a result of your choice to participate in these coaching sessions as outlined by this Agreement.
You will not hold KCC or other employees responsible for any negligent actions or adverse results, whether known or unknown, that you may incur or suffer as a result of the coaching sessions you receive pursuant to this Agreement.