Terms and Conditions of Service
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 much communication will take place so that the relationship will be positive, productive, and comfortable.
The terms of this agreement are as follows.
The Client is hiring The Coach to do the following: The Coach is being hired with the intended purpose to help guide the Client to craft a personal brand and gain direction and clarity in their online messaging.
Each month the Client will receive:
Private 1:1 Coaching with The Coach up to 1 hour
1 Group call with Coach and other group members
Up to 12 pieces of content review
Access to Group WhatsApp thread
Private Voxer coaching
2. Content review
The Client is entitled to receive up to 12 pieces of content reviewed each month of the program. Each month you may choose to have one of the following options reviewed by The Coach:
12x Instagram/Facebook Captions
6x email copy
6x IG/FB captions and 3x email copy
All content must be provided to The Coach for review at least 1 week before the end of each month. The Client can expect a turnaround time of up to a week. You are entitled to one round of content review per content piece. To have a piece of content reviewed please add it to The Coach and The Client's shared drive, clearly labeled, and then notify me on Voxer or WhatsApp that you are requesting a content review.
3. Voxer Coaching
Voxer support is there for when you need more accountability, mindset support and encouragement or even just to connect, and light business coaching, as things could come up between each session. The Coach is available in the chat Monday-Friday from 9 am-5 pm EST, and will check and respond 1-3x daily to any messages that come up.
Please note that The Coach will do their best to respond the same day. Occasionally, The Coach will need between 1-2 business days to respond to questions asked of them.
Examples of Voxer and WhatsApp support would be The Client needing support, have questions for The Coach, need guidance, or celebrating any awesome things that have occurred in their business.
Any and all instant messenger platforms are to be used as an additional supplement to the one-on-one and group coaching calls. Messages should not be equivalent to a phone call (i.e., voice memos should be between 1-3 minutes in length so that we can make the best use of The Coach and The Client's time together). Messenger services cannot be used as a substitute for a coaching call.
The Coach requests that The Client does not send important or sensitive documents that request to be reviewed via Voxer or WhatsApp. Instead, upload any content you want to be reviewed to the shared Google Drive.
4. 1:1 Private calls
The services to be provided by The Coach to The Client are brand coaching, content guidance, marketing strategy, and alike and will be conducted over Zoom. All calls will be recorded and provided to The Client. All calls will expire at the end of each calendar month unless pre-arranged with The Coach. If The Client misses a call, there will be no refunds.
You may be provided with “homework” assignments after coaching calls. It is The Clients’ responsibility to complete any and all homework assignments. If tasks are not completed, you may not receive the desired results of the program.
6. Recording of Calls
The Client acknowledges and consents to all private and group calls to be recorded for the purposes of self-reflection, growth, and refreshing any information after the call. All recorded calls will be uploaded to The Coach and The Client's shared drive for The Client to access. These calls are not to be shared with anyone outside of The Coach and The Client.
This is a 3-month program commencing on the 1st of September, 2021, and commencing on November 30th, 2021.
The Client agrees to pay a total fee of $630.00 CAD (applicable taxes to be included) per month. The Client will be charged an initial monthly payment of $630.00 (applicable taxes to be included) on the day of their sign-up. The remaining two payments will be auto-charged on the same day for the following two consecutive months. So that the Client is fully invested in this program, no refunds will be issued.
9. Client expectations
The Client is expected 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.
The Client is responsible for coming prepared to each call and knowing what areas they need the most support with.
The Client is expected to ask questions, participate, and be prepared.
The Client is expected to provide content for review and complete any homework assignments in a timely manner.
The Client is expected to take an active part in this transformation process.
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.
By participating in coaching services, mentorship, or marketing consulting, The Client acknowledges that Samantha Kemp-Upton-Thomas of Copy by Her is not a psychologist, therapist, attorney, or financial advisor. These services do not replace the care of other professionals. Coaching or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
12. Intellectual property rights
Regarding the documents created for The Client as part of this Agreement, i.e. homework tasks, activities, journal prompts, The Coach maintains all of the copyright, other intellectual property rights, and any other data or material used or subsisting in the Material finished or unfinished. The Client receives one license for 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.
13. Credit For The Work Product
The Client is under no obligation to give credit to The Coach any time they publish work product/content pieces that The Coach has reviewed.
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 The Client nor any of The 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.
15. Governing Law
The Coach promises that the manner it does this job, its work product, and any background I.P. it uses, comply with applicable Canadian and foreign laws and regulations.
The laws in force in the province of Ontario govern the rights and obligations of The Client and The Coach under this Agreement, without regard to conflict of law principles of that province.
As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Agreement, a party may demand that the dispute be resolved by alternative dispute resolution administered by the ADR Institute of Canada in accordance with the ADRIC Arbitration Rules.