Welcome!

I’m looking forward to working with you. Please read this information carefully.  The purpose of this Agreement is to set forth the details about working together so that we both are clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive, and comfortable.

This Agreement is being made between Coach with Blaze LLC of 711 Rte. 163 PO Box 168, Oakdale, CT 06370 (“Coach,” “Company,” “we” or “us”) and _______(Full Name)__________________ of _______(Address)__________________ (“Client” or “you”).  We both legally agree to the following:

Company agrees to provide a 7 session 1:1 Life Coaching Package (herein referred to herein as the “Program”). Company will provide these services through a Coach. (Referred to herein as “coach”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

We have used care in preparing the information provided to you, but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that Coach is not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program.

Client understands Company 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.

Client understands Coach is not an employee, agent, lawyer, doctor, registered dietician, psychotherapist, nutritionist, psychologist, or other licensed or registered professional. Coach will not act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands this Program will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.  Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. 

If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals. 

Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member.  Do not start or stop taking any medications because of anything you have read or received through this Program. By signing this Agreement, you agree that you are also consenting to the full Disclaimer which may be found on our website.

3. PROGRAM STRUCTURE.

Your Program (“Program”) includes:

• Seven 50 to 60-minute virtual coaching sessions
  
• Email/text access during the week to clarify content, assignments, and mindset. **Note, questions that take over 10 minutes for Coach to answer will be saved for your sessions to help us properly attend and answer more in-depth questions.

Expectations & Guidelines

During the Program, you can expect that Coach will:

• Come prepared.
• Devote her full attention to you during your time together.
• Serve as your accountability partner and supporter.
• Stretch you outside of your comfort zone.
• Offer support, encouragement, feedback and guidance.

Coach will expect that you will:

• Show up on time without distractions.
• Give 100% of your effort and fully commit to the Program.
• Come fully prepared for our time together.
• Use your best efforts to complete all action steps.
• Promptly provide payment for the Program.
• Be open to new ideas and willing to stretch and grow.
• Ask any questions you may have as they arise.
• 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.

Scheduling & Timing

Scheduling Appointments:  We try to be attentive to our clients. Should you need to reach Coach between appointments, please contact her between 9:00am -3:30pm (EST). Coach will do her best to respond to you within 24 hours on weekdays. On weekends and holidays, Coach will do her best to reply to you by the next business day. Any e-mails, calls or texts to Coach related to your Program are for quick questions only, and you will receive brief responses. If you want to discuss something at length with Coach, she may request that you wait and discuss your question at our next appointment. Please come prepared to start and end your appointments on time.

Rescheduling: If you need to reschedule an appointment, you need to do so at least 24 hours in advance of your scheduled time by sending an e-mail to Coach. 

Cancellation: Our time together is important.  If you need to cancel your appointment, you need to do so at least 24 hours in advance of your scheduled time by sending an e-mail to Coach. If you do not contact Coach at least 24 hours in advance, this will be considered a missed appointment.

Missed Appointment: There can be a rare occasion where you miss your appointment altogether or you forget to let us know at least 24 hours in advance that you need to cancel or reschedule, so you are allowed 1 “Get Out of Jail Free” missed appointment. However, you are only permitted to miss 1 appointment during the Program. If you miss more than 1 appointment, your Program will automatically terminate and you will not have the opportunity to reschedule or to receive a refund.

4. TERM.

This Program is 7 sessions over 14 to 28 weeks long and begins on [START DATE] (“Term”).  Client understands that a relationship with Company 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, no refunds will be issued.

6. INVESTMENT & PAYMENT.

Investment:   You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way.

• Total program investment is $1400.
• Payment will be made in full in advance of our first session date for a reduced payment of $1400, or in 3 monthly installments totalling $466.67, or in 7 weekly  installments of $200.
• Upon termination pursuant to paragraph 5, if termination results from any reason related to paragraph 5, the remainder of all monthly installments will be due at that time and will be charged to your payment method.

Payment Authorization and Receipt:  If paying by PayPal, Square, Stripe, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Program without any additional authorization, and you will receive an electronic receipt.  If Company chooses to provide you with a Paypal or Square invoice instead, you are required to manually pay it by the date due on the invoice or your Program will be put on hold until payment is made.

Missed Payment: If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3-day grace period to make the payment following the due date, otherwise your Program will be put on hold. If no payment is made within the 3-day grace period, the Program will automatically terminate and you will no longer be granted access.  

It is our intention for you to be happy with your Program. However, because we have invested considerable time and effort in your Program, if you decide to withdraw at any time for any reason, you are still fully responsible for making all Program payments, and no refunds will be provided. 

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.

Confidentiality is important to us. We will keep all information exchanged between us during the Program confidential. We will not disclose any information that you share with us during the Program to anyone else unless: (1) they have a legitimate reason to know such information as a member of our team or staff, (2) when required by law, or (3) you have given me prior written permission.

9. COMPELLED DISLCOSURE 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. INTELLECTUAL PROPERTY RIGHTS.

Coach with Blaze LLC and Coach retain all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to us. The Program content including but not limited to materials, and statements by the coach are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.

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.

If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, Coach with Blaze LLC or Coach, or to communicate with any other individual, company or entity in a way that disparages the Program or harms our reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.

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. 

Company will not be held responsible in any way for the information that you request or receive through this Program, including services, products, and Program materials and any other information you have received from or through Company related to this Program. You agree that you fully and completely hold harmless, indemnify and release Company from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permitted by applicable law. 

13. 
    All correspondence or notice required regarding the Program shall be made to me by e-mail at blaze@blazeschwaller.com and to you at the email address you provided during your enrollment in the Program. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change.

14. DISPUTE RESOLUTION.

Should we ever have any differences, it is hoped that we could work them out amiably through e-mail correspondence. However, if a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association under its Commercial Mediation Procedures, or for International disputes - Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in New London, Connecticut.  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.

You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that 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.

15. GOVERNING LAW.

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

16. 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.

1. 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.

1. 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.

1. 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.

1. ASSIGNMENT.        

This Agreement may not be assigned by either Party without express written consent of the other Party.

1. 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.

22. CLIENT RESPONSIBILITY; NO GUARANTEES.

Client accepts and agrees that Client is 100% responsible for its 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.

You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Program.  You accept full responsibility for your choices, actions and results before, during and after this Program, and you knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program materials. You understand and agree that you are solely responsible for your results.

EXCEPT EXPRESSLY AS PROVIDED HEREIN, COACH WITH BLAZE LLC DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATERIALS AND PROGRAM PURCHASED FROM COMPANY HEREUNDER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COACH WITH BLAZE LLC EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PROGRAM AND MATERIALS, OR ITS CONDITION OR SUITABILITY FOR USE BY YOU, INLCUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED IN THIS AGREEMENT, THE PROGRAM AND MATERIALS ARE PROVIDED BY COMPANY TO YOU ON AN AS-IS WHERE-IS BASIS. AND COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO SUCH PROGRAMS AND MATERIALS, OR THE CONDITION OR SUITABILITY OF SUCH PROGRAMS AND MATERIALS FOR USE BY YOU, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

[Signature Page to Follow]

SIGNATURE.

By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you are in agreement with all of 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.

Coach with Blaze LLC                                           

1. Blaze Schwaller, member (Name)

[CLIENT]

2. (Name)