Client Services Agreement
By Purchasing a Coaching Package or Service from The Overturned Jar LLC (“Company”), you agree to enter the following agreement between The Overturned Jar, LLC and the purchaser (“Client”) of the service. The Client furthermore agrees that the Client is the same person who will enter into the coaching relationship with The Overturned Jar LLC. In the event that a third party purchases the session or package on behalf of the Client, the third party is assumed to be an agent acting on behalf of the Client:
1. TERM OF AGREEMENT
The term of this agreement shall be for 180 days (“Initial Term”) and will commence on the date of the first scheduled session of the Coaching Program (Program).
The Initial Term shall be considered completed after 1 45-minute coaching session (in the case of the purchase of a single session) or 6 45-minute coaching sessions (in the case of the purchase of a package) or 6 60-minute coaching sessions (in the case of a program).
Following the completion of the Initial Term, the parties may agree to renew the agreement by sale/purchase of an additional session or package. In addition, the Company may terminate this Agreement at any time in the event of a breach of the terms set forth herein. Termination or expiration of this Agreement shall not affect the continuation of any outstanding obligation or liability incurred by either party during the term of this Agreement.
2. DESCRIPTION OF SERVICES
Client retains the Company’s coach (“Coach”) to perform the following services:
- Provide weekly coaching calls – 1 45-minute call for a single session or 6 45-minute calls for a package or 6 60-minute calls for a program.
- Follow up emails and templates for some, but not all sessions, may be provided at the discretion of the Coach.
- Videos, session notes, worksheets and follow up emails provided for program purchases per the program description.
Sessions will be conducted via Zoom or other digital / video calling service.
Dates and times will be mutually agreed upon by Coach and Client. It is the Client’s responsibility to schedule his or her sessions using the scheduling link provided by the Coach.
The Client will initiate all scheduled sessions and will call the Coach at the meeting link provided by the Coach.
3. FEES AND PAYMENT TERMS
Client agrees to pay a fee of $100 per session for the services described above. All fees are due in advance of services. Package fees must be paid in full in order to receive the discounted multi-session rate. Programs are priced individually and may be paid in full for $600 or in two payments totaling $650. Occassionally, coupons or special offers may be issued by the company. Coupons or discounts must be taken at the time of payment, else the rates stated here apply.
4. DESCRIPTION OF RELATIONSHIP AND RESPONSIBILITIES OF THE PARTIES
Responsibilities of Coach/Company: The Coach is trained to use her communication skills and coaching tools to support the Client as an equal partner throughout the coaching process. The Coach will guide the coaching sessions based on the information provided to her by the Client, whether through questionnaires, phone or video conversation, or written correspondence including email.
Responsibilities of the Client:
Client agrees to show up for his or her sessions ready and willing to be coached or to indicate to the Coach that she is not prepared to be coached at that time. The client takes full responsibility for his or her physical, emotional, and mental health. Client acknowledges that he or she is ultimately responsible for all decisions made during the coaching relationship. In the event that Client is in therapy or under the care of a mental health professional, Client agrees to notify and consult with the mental health care provider with respect to the decision of whether to work with a coach. The Client understands that the Coach is neither a therapist, a counselor, nor any other type of medical professional.
The Client must be 18 years of age and by entering into this agreement, confirms that he or she is 18 years of age or older.
5. CONFIDENTIALITY
The Coach/Company’s relationship with the Client is not legally bound by confidentiality. Nevertheless, Coach/Company agrees that all information shared by the Client with the Coach/Company shall remain confidential. Coach/Company agrees not to disclose the Client’s name for any reason whatsoever without the Client’s consent. Confidential information does not include information that: (a) was in the Company/Coach’s possession prior to the formation of this contract; (b) is generally known to the public or in the Client’s circle of friends and family and co-workers; (c) the Coach/Company may be required by law to disclose.
The Client understands that the use of technology is not always secure and accepts any risks of confidentiality associated with the use of email, Zoom or other video calling, phone and text.
6. CANCELLATION NOTICE & TERMINATION
If the Client cannot attend a scheduled session, he or she should provide notice 48 hours in advance of the session. Using the scheduling service, the client may reschedule the session as long as it falls within the Initial Term of 180 days. In the rare event that the Coach needs to reschedule, she will also give the client notice 48 hours in advance where practical and the session will be rescheduled within the Initial Term of 180 days.
In the event of illness, bereavement, other commitments, an actual or potential conflict of interest, inappropriate behavior by the client or other reasons, the Company can decide to terminate the service to the client early or refuse or be unable to provide further coaching to the client. In such cases, the client will be provided notice 48 hours in advance and any advance payments for coaching will be returned via check to an address provided by the client on a pro-rated basis.
7. REFUND POLICY
The Company does not offer refunds on its basic coaching services. However, in some cases where payment has been made and no sessions have been attended the Client may request a refund, in writing, by sending a self-addressed stamped envelope to:
The Overturned Jar, LLC, PO Box 143, Newton, NJ 07860
The Client must also email: Amy@RockYourDayJob.com to alert the Company to the request.
Programs have a refund policy as follows:
Job Reboot: The company offers a money back guarantee on the Reboot Your Day Job Program. If for any reason you are not satisified with the program the company will refund your payment.
You may request a refund, in writing, by sending a self-addressed stamped envelope to:
The Overturned Jar, LLC, PO Box 143, Newton, NJ 07860
You must also email: Amy@RockYourDayJob.com to alert the Company to the request.
8. GUARANTEE
Since there are many factors solely within the Client’s control that can affect the outcome of this or any coaching program, Coach/Company makes no guarantee or promise that Client will achieve any results in the Program described herein. Client further understands and agrees that s/he is fully responsible for his or her well-being during all coaching calls and throughout the Program, including all choices and decisions made by Client. Client understands that Coach’s comments and ideas are to be construed as suggestions and information only and that Client has full responsibility of making an informed decision and giving his/her informed consent.
9. WAIVER OF LIABILITY
By purchasing the sessions and entering this agreement Client here and forever agrees to release, indemnify, discharge and hereby hold harmless Coach/Company and its respective agents, representatives, heirs, assigns, contractors, and employees from any and all claims, demands, damages, losses, rights of action or causes of action, liabilities, and/or expenses, present or future, arising out of, or connected with, my participation in the Program, without limitation, which may occur as a result of following advice tendered and released, or training rendered. Client further declares and represents that no promise or inducement been made to enter into this agreement.
10. HEADINGS
The headings found in each of the paragraphs and subparagraphs of this Agreement are intended for your convenience only and are not intended to affect the construction or interpretation of any the provisions included herein.
11. SEVERANCE
In the event that one or more of the provisions of this Agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the Agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid.
12. FORCE MAJEURE
The Company will not be deemed to be in breach of this Agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
13. ENTIRE AGREEMENT, MODIFICATION, AND WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and therefore supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
14. JURISDICTION
This agreement shall be governed by the laws of the state of New Jersey. Any action to enforce this agreement shall be brought in the federal or state courts located in the county of Sussex County, New Jersey.
- ACCEPTANCE
By issuing and accepting payment, the parties agree that this agreement reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
The Overturned Jar, LLC
10/19/2019