Program Agreement 

 

This Program Agreement (“Agreement”) is between The Successful Nurse Coaches INC (“Coach” or “Coaches”) and the client whose name appears in the signature line ( “Client”)(collectively the “Parties” or individually a “Party”). This Agreement is Effective as of the date specified in the attached Statement of Work. 

 

The purpose of this Agreement is to set forth the details of the Parties’ relationship so that each is clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable. 

 

THEREFORE, the Coach and the Client agree as follows:

 

1. TERMS.
   

 

1. During the terms of this Agreement, the Coach agrees to provide consultations in accordance with the specific services set forth in the Private Coaching Package as outlined in Attachment A. 
2. The services to be provided by the Coach to the Client are coaching as designed jointly with the Client. Coaching, which is not medical advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client’s life, health, or profession.
3. The Client is aware that the Coach does not treat, diagnose, or solve medical issues nor treat disease and is therefore not a replacement for the client’s therapist or physician. If Client is presently under any form of psychiatric care or specialized medical supervision, the Client is to inform Coach prior to working together. 
4. Coach and Client agree upon the Package through which consultations, preparation, and follow-up work (if necessary) are conducted. Dates and locations are chosen collaboratively and adhered to upon signing the Agreement. 
5. The Client acknowledges that due to the nature of group coaching, sessions will not be rescheduled if the client is unable to attend. If the client is unable to attend the weekly session, that session will be forfeited. 

 

2. METHODOLOGY. 

 

Coaches will employ a range of methodologies, including coaching and/or mentorship. The Client agrees to be open-minded and partake in the methods proposed. The Client understands that the Coach makes no guarantees as to the outcome of the sessions or package. 

3. PAYMENT. 

 

1. The Client will make payment via invoice.
2. So that the Client is fully invested in this Package, no refunds will be issued. 
3. Credit Card Authorization (if applicable for the payment plan): Each Party hereto acknowledges that Coach will send an invoice or charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A. No sessions will be held until payment is made and if payment due is not paid within ten (10) days of the due date, Client forfeits any remaining sessions. 
4. Overdue Payments:  Coach may suspend all performance of Services and withhold delivery of any materials created while rendering Services, without liability, if payments are overdue. If payment has not been made per the Installment Plan or for more than fifteen (15) calendar days after the sent date on the invoice (whichever is applicable), Coach reserve the right to charge a pro-rated late fee equal to five percent (5%) per month the amount is overdue or the maximum amount allowed under state or federal law if such late fee is deemed to exceed such maximum amount. If an invoice has not been paid for more than thirty (30) calendar days, Coach reserves the right to terminate all Services immediately as a breach of this Agreement by Client per the Termination provisions below, reimburse the overdue payments, late fees, and termination fees, from any Advance Deposit paid, and/or refer any further collection of the outstanding unpaid amount, plus any late fees, and termination fees to an attorney or collections agency. Client will be liable for all reasonable attorney fees, court costs, and collection agency fees incurred due to overdue payments.

 

4. DISCLAIMERS. 

 

1. By participating in health coaching services, the Client acknowledges that Coach, including its employees, contractors, and agents, are not medical doctors, psychologists, and/or therapists, and services do not replace the care of other professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
2. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or guarantee that such suggestions will produce specific results. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided. 
3. The Coach may provide the Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. The 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 effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party. 
4. Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. The Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived as a consequence of the use of Coach’s website, programs, products, or services. 
5. Client gives Coach permission to use social media or blog posts that are made by Client during coaching sessions for internal training purposes.  Coach and client agree that if posts are shared, no names, pictures, or identifying information will appear without prior written consent of those depicted. Coach and Client agrees that all other use of social media, blog posts, or other marketing media will require the written permission of the author before publishing. 

 

5. CONFIDENTIALITY. 

 

Parties agree not to disclose, reveal, or make use of any information learned by either party during discussions, coaching sessions, or otherwise. The Client further acknowledges that the Coach may share Confidential Information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement.

 

These restrictions on use and disclosure shall not apply to:

 

(i) Confidential Information already known to Receiving Party when it was disclosed by Disclosing Party as demonstrated by prior existing written records receiving Party;

 

(ii) Confidential Information that is or becomes known to the public through no fault of Receiving Party, its employees, or agents;

 

(iii) Confidential Information that is lawfully received by Receiving Party from a third party where the third party has not required Receiving Party to maintain the information in confidence; and

 

(iv) Confidential Information developed by Receiving Party independent of disclosure by Disclosing Party and without use of or reference to Disclosing Party’s Confidential Information, as can be evidenced by Receiving Party’s written records.

 

Upon reasonable written request of Disclosing Party, Receiving Party shall return to Disclosing Party all Confidential Information and all written descriptive matter, including drawings, program listings, blueprints, descriptions, or other papers or documents, which contain or summarize any Confidential Information.

 

Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

 

6. RECORDING OF CALLS. 

 

The client acknowledges that calls may be recorded for purposes of fulfilling this Agreement. 

 

7. INTELLECTUAL PROPERTY RIGHTS. 

In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights, and any other data or material used or subsisting in the Material whether finished or unfinished. The Client receives one license for the personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.

 

If this Agreement is terminated for a material breach by Client, Coach revokes all license grants and permission to use coaching materials by Client.

 

8. DISCLAIMER OF WARRANTIES. 

The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied, or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. 

 

9. INDEMNIFICATION.

Each Party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients. 

 

10. NON-DISPARAGEMENT. 

The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth hereinbelow. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

 

Breach of this provision will be considered a material breach of the Agreement and grounds for termination of the Agreement for cause and revoking Client’s access and licenses to all coaching materials and any remaining services under this Agreement.

 

11. DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Austin, Texas, or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. 

 

12. NON-COMPETE.

While being a Client of Coach, Client agrees to not concurrently offer coaching programs that are in direct competition with The Successful Nurse Coaches Inc. For purposes of this Agreement, competing services will be considered to be "Group Business Coaching or Mentorship for Nurse Coaches".

 

13. TERMINATION

Client may terminate this Agreement at any time for convenience by providing 30-day written notice of same to the Coach.  Termination for convenience by Client shall not release Client from any rights, liabilities or obligations, including right to a refund for unused services or materials, that have accrued under the Agreement at that time.

 

Coach may terminate this agreement for Client’s material breach by providing 10-day written notice of same to Client.  Material breach under this Agreement includes, but is not limited to, breach of Client’s payment obligations, violations of the confidentiality, nondisclosure, non-disparagement, or noncompete provisions of this Agreement.  Termination for cause under this Agreement shall not release Client from any rights, liabilities or obligations, including right to a refund for unused services or materials, that have accrued under the Agreement at that time.

 

14. GOVERNING LAW. 

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA, regardless of the conflict of laws principles thereof. 

 

15. GOOD FAITH.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement. 

 

16. ENTIRE AGREEMENT. 

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.

 

ATTACHMENT A 

Program Specifics For Nurse Life Coach Academy:

Year Long Program

• Upon successful completion of all required modules, you will earn 120 Continuing Education Units (CEUs)
• Access to Online Nurse Life Coach Course
• Access to private community

 

Payment Plan Options:

OPTION 1) $2,999 in full, one-time payment 

OPTION 2) Payment Plan through third Party

By making your purchase or initiating your payment plan, you are agreeing to these terms and conditions.