Terms & Conditions
This Client Engagement Agreement (“Agreement”) is entered into and effective as of the date of your payment by and between you ("Client" or "You/you/yours"), and Shannon Post. ("Company," "Coach/coach," "I," or "Me/me"), having an address of PO BOX 1274, Talkeetna, AK 99676.
Regarding this Agreement we agree to the following:
1. Scope of Services
You agree to hire me to provide executive, leadership, coaching, consulting, mentoring or advising ("Services"). The Services will be delivered as advertised.
You agree to provide a minimum of 24 hours notice of cancellation for all scheduled meetings. No-shows or meetings canceled with less than 24 hours notice will not be rescheduled and will not be refunded.
3. Client Responsibilities
(a) Compensation: You agree that payments are due before our sessions begin, and payments are made online by my payment merchant. Non-payment for a no-show will result in a loss of discount and/or preferred appointment times.
By signing this Agreement, you authorize me to process your credit card as compensation for Services. I reserve the right to suspend or cancel services, special reserved pricing or discounts as a result of late or outstanding remittance. Late remittance will be assessed a penalty of ten percent (10%) of the installment amount. My obligation to render services is conditioned upon timely receipt of funds.
(b) Provided by Client: You agree to provide all materials, transportation, information, and documentation that may be needed to effectively perform the responsibilities in connection with the performance of Services.
(c) Additional Client Responsibilities: You agree that you are at least 18 years of age. You understand and agree that you are fully responsible for your well being during, after and between my coaching calls. You agree that you are responsible for any and all choices and decisions that you make.
I go above and beyond to ensure your success during this engagement. If you experience a problem, you agree to bring it to my attention in writing or over the phone, and allow me to resolve the problem before taking other actions including, but not limited to, refusing a credit card transaction or taking legal action. We agree to resolve any problems confidentially and not engage in public discussions, posting on social media, print, the internet or other media channel, or take other actions that may negatively impact us or our businesses.
Your active participation in the creative coaching process is vital to the success of this engagement. You are expected to complete any assignments to the best of your abilities and to provide 24 hour notice when assignments cannot be completed, and ask for help or adjustments when needed. You agree to communicate honestly and respectfully throughout the coaching process.
The term of this Agreement is as advertised.
You may terminate this agreement and discontinue use of the Services at any time by providing notice in writing, however, no portion of payments will be returned. You remain responsible for the entire financial investment of the entire engagement laid out in this Agreement, in spite of termination. If you are using an installment plan, you are responsible for either continuing your installments or paying the balance in full.
By signing this Agreement, you agree to these terms and agree not to initiate a chargeback or similar refusal procedure on any credit cards or another form of payment for any reason. Should a dispute over payment arise, you agree that resolution shall first be attempted between you and me.
I may cancel this Agreement at any time for any reason by providing written notice to you. In the event that I cancel this Agreement, I will provide a prorated refund of the amount collected for which Services have not been rendered minus any approved, unpaid expenses incurred on your behalf.
(a) Any and all of your information and data of a confidential nature (hereinafter referred to as “Client Confidential Information”), will be treated by me in the strictest confidence and not disclosed to third parties or used by me for any purpose other than for providing you with the Services specified hereunder without your express written consent. (b) During the term of this agreement, I will take all reasonable steps to maintain the confidentiality of your identity and information. However, there is an inherent risk in all forms of electronic communication, and communications between you and I that may be unlawfully intercepted by third parties, and not under our control. I do not guarantee the security of any information transmitted via the internet, telephone, text message or other technological means. Any efforts you undertake to communicate with me are done at your own risk. You may authorize me to disclose your information to a third party by doing so in writing. Client Confidential Information will not include any information that (aa) becomes available to the public through no breach of confidentiality by me, (bb) was in my possession prior to receipt from the disclosure, (cc) is received by me independently from a third party free to disclose such information, or (dd) is independently developed by me without use of the Client Confidential Information. On request, I will promptly return all documents containing Client Confidential Information. Notwithstanding the preceding, I may disclose certain information provided by you during the term of this Agreement, or gleaned from your use of the Service, when necessary to prevent foreseeable imminent harm to you or another person or as otherwise required by law.
I agree to bring any problem or issue that arises to your attention in writing or over the phone, and allow you to resolve the problem before taking other actions including, but not limited to canceling your engagement or taking legal action. I agree to resolve any problems confidentially and not engage in public discussion, posting on social media, print, the internet or other media channel, or take other actions that may negatively impact you.
7. No Guarantees
I cannot guarantee the outcome of the Services, and my comments about the outcome are expressions of opinion only. I make no representations other than that the Services described in paragraph 1 Scope of Services will be provided to you in accordance with the terms of this Agreement. You acknowledge that I cannot guarantee any results for the Services as such outcomes are based on subjective factors that cannot be controlled by me. You understand that I am not a licensed medical professional, mental health professional, legal advisor, or financial advisor and my Services are not a substitute for medical treatment, mental health treatment, legal, or financial advice. I cannot diagnose illnesses nor prescribe medication.
8. Ownership of Intellectual Property Rights
All material and information provided by me as part of the Service is proprietary and comprises intellectual property owned solely by me. I maintain exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to me under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, Services, techniques, marketing ideas, and commercial strategies, that have been or will be created by me (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. You do not have permission to use, reproduce, distribute or create derivative works based on the Work.
9. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions.
10. Force Majeure
Neither I, nor my Company, are liable for failure or delay in performance of the obligations under this Agreement, if such failure or delay in performance is a result of causes and/or circumstances beyond my reasonable control, and without fault or negligence, including but not limited to personal circumstances, weather, or technical failure.
Should any such occurrence impede the execution of any obligation under this Agreement, every reasonable effort will be made by me to mitigate, modify or alter this Agreement to meet the stated and agreed on obligations. I am not entitled to terminate this Agreement under paragraph 4 Term in such circumstances, except by mutual consent and agreement in writing. Should Force Majeure render the need for my Services null and void, you agree to terminate the contract amicably and bear your own expenses incurred to date unless otherwise indicated or specified.
11. Entire Agreement; Modification; Waiver
This Agreement constitutes the entire agreement between us pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver.
12. Neutral Construction
This Agreement was prepared by the Company. It is expressly understood and agreed that this Agreement will not be construed against the Company merely because it was prepared by its agents; rather, each provision of this Agreement will be construed in a manner that is fair to both parties.
This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
This Agreement will be binding on, and will inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that you may not assign any of your rights under this Agreement, except to a wholly owned subsidiary corporation of your own. No such assignment by you to your wholly owned subsidiary will relieve you of any of your obligations or duties under this Agreement.
15. Limitation of Liability
(a) In no event will the Company have any liability to the Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the Client has been advised of the possibility of such damage; and (b) in no event will the Company’s liability exceed the fees paid under this agreement, whether in contract, tort or under any other theory of liability.
16. Jurisdiction of Disputes; Mediation
Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort or other legal theory, will be heard and determined by the courts of the State of Alaska, Third Judicial District. The parties acknowledge that disputes brought before the Court may be referred to mediation prior to trial. Both parties agree to participate in mediation proceedings if recommended by the court.
All notices, requests, demands, and other communications under this Agreement will be in writing and will be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed to the addresses listed on the first page of this Agreement. If sending a notice through the Postal Service, an emailed a copy of the same notice, properly addressed to the email addresses listed on the first page of this Agreement must be sent in addition to the physical mail. Any party may change its addresses for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
18. Governing Law; Venue
This Agreement will be construed in accordance with, and governed by the laws of the State of Alaska. The exclusive venue for any action, arbitration or other proceeding based on or arising out of this Agreement will be the Third Judicial District, State of Alaska.
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated.
By your payment, you are executing this Agreement in full.