ACTIVATION THE MASTERMIND CLIENT AGREEMENT
This Client Agreement (the “Agreement”), dated (the “Effective Date”), is made by and between Danielle Kettlewell (hereafter known as “Company” or “Coach” and you the client that has agreed (hereafter known as “Client”, and collectively, the “Parties”).
WHEREAS, Company provides a six month program, ‘ Activation the Mastermind' (“Program”); and
WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide the Program.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
1. SERVICES.
Company agrees to provide the Program. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
2. DISCLAIMER.
Client understands the Coach is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client's life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
The Coach may provide Client with third-party recommendations for such services as photography, business, marketing, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third- party.
- PROGRAM STRUCTURE
- 8 Calendar Months commencing at the beginning April 2023 and ending at the of November
- 2 x Hot Seat coaching calls per month
- 1 x Concept call each month
- 3-4 x Guest Speakers over 8 months
- Monday - Friday group messenger on VOXER
- ** NO CALLS week of May 1- 7th ** Voxer still available
Company's requests for Client's participation in the Program:
- Please be on time to all appointments. If you will be late, notify the Coach in advance. If you will miss an appointment, notify the Coach at least twenty-four (24) hours in advance. Appointments missed without twenty- four (24) hours notice will only be rescheduled at the Coach's sole discretion.
- Be honest and participate fully. Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
- Make a commitment to the action plans you create, and do what you have agreed to do.
- Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate and take action to return the power to the relationship.
4. TERM.
This Program is eight (8) months long and begins on April 4th, 2023 (“Term”). Client understands that a relationship with the Coach does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
5. TERMINATION.
Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client's participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms. If Client decides to terminate this Agreement, refunds will be issued on a case by case basis. In some cases, no refunds will be issued.
6. PAYMENT.
- Starter @ $1200 USD for 8 months with payment plans
- Voxer only access with the ability to upgrade
- Sisterhood @ $3200 USD for 8 months with payment plans
- Voxer access
- Call Coaching + Concept Calls for 8 months
- ALL IN @ $4800 USD for 8 months
- Voxer access
- Call Coaching + Concept Calls for 8 months
- 5 x 1:1 75 Minute Sessions
7. REFUNDS.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. Refunds will be issued on a case by case basis at the discretion of Company. In some cases, no refund will be issued.
8. CONFIDENTIALITY.
This 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 during discussions, Or otherwise, throughout the Term of this 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 this Agreement.
9. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
10. NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client's work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client's own personal use. Any disclosure to a third party is strictly prohibited. Company's program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. Client is not authorized to use any of Company's intellectual property for Client's business purposes. All intellectual property, including Company's copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied. Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client's agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
11. NON-DISPARAGEMENT.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
12. INDEMNIFICATION.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of, or relating to, Client's participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client's participation under this Agreement, unless expressly stated otherwise by Company, in writing.
13. APPLICABLE LAW:
This Agreement shall be governed and construed in accordance with the laws of the state where both Parties reside, without giving effect to any conflicts of laws provisions. If the parties reside in different states, this Agreement shall be governed and construed in accordance with the laws of the State of WESTERN AUSTRALIA, without giving effect to any conflicts of laws provisions.
- GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, regardless of the conflict of laws principles thereof.
15. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
16. COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
17. SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
18. WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
19. ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.
20. FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, 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 this Agreement, the affected Party's performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
21. CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for his or her progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program's success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client's performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company's comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Client Agreement as of the date first indicated above.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
“COACH”
By: Danielle Kettlewell
Date: January 27th, 2023