The Startup Suite
CONTRACT TERMS AND AGREEMENT
Please read this page in its entirety. This is your contractual agreement for working with Aspire Business.
Unless you provide written disagreement with any of these terms within the first 24 hours of your first payment, your payment binds you to this contract.
Aspire Business is not required to honor any disagreement or make changes to terms below.
THIS NON-DISCLOSURE AGREEMENT (this “Agreement”) is entered into as of (date indicated below) by and between (name as indicated below) (collectively, the “Client”) and Asharie Enterprises, LLC. (including its affiliates, the “Company”).
Agreement for Services
This document represents a business agreement between you as a client and ASharie Enterprises, LLC dba Aspire Business for coaching/consulting services and services/products packages which may be delivered alone or incorporated into related services mutually agreed upon such as writing, project management, training or a group program, etc.
Services are provided by Ashley Thompson and others (when mentioned and previously agreed upon) through Aspire Business. The term practitioner is used to refer to the coach or consultant (singular or plural) providing the services to you. The terms “we” and “us” is used interchangeably to refer to those delivering services whether singular or multiple.
The services to be provided by the Company and affiliates to the Client that are covered by this agreement are coaching, or consulting and/or some combination thereof.
- Venue – This agreement will be considered to have been made in and will be interpreted under the laws of Fairfax, Virginia USA.
WHEREAS, the Client and the Company (collectively, the Client and the Company shall be referred as the “Parties”, and individually, as a “Party”) have entered into discussions regarding certain services provided by the Client to the Company that shall require the Client to gain access to certain confidential information provided by the Company (collectively, the “Consulting Services”), and;
WHEREAS, in order to facilitate the Business Coaching Services, the Company wishes to provide the Client certain information designated as confidential.
NOW, THEREFORE, in consideration of the foregoing premises, of the mutual covenants contained in this Agreement, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, hereby agree as follows:
Expectations and Responsibilities:
As your Coach, my role is to:
- Come to each group coaching session prepared.
- Devote my full attention to you during the coaching session.
- Stretch you outside of your comfort zone into new areas and support you as you do so.
- Provide you with resources and knowledge for your marketing and business endeavors.
- Provide a safe space where you can express yourself and be heard.
- Challenge you to create the business you dream of.
- Offer support, encouragement, feedback, and guidance throughout the Program.
As the Client, your role is to:
- Show up for each coaching session on time with 100% focus.
- Provide full payment for the Program prior to your first coaching session
- Complete action steps between coaching sessions.
- Be open to new ideas.
- Be ready to take action and make quick decisions.
- Make the program a priority.
- Be prepared and make time for the work that you need to do for the Program.
- Trust the process.
- Take responsibility for your outcomes.
- Ask any questions as they arise.
Client support is provided on a product by product basis. Details are included in the service description. I will 100% be available to you for the duration of your service package. My preferred method of communication is via e-mail. This helps to insure that all communication and information is documented in one place for ease of access by all parties.
Client office hours: Monday - Friday 11am - 2Pm
Priority client only email: firstname.lastname@example.org
Scheduling Calls. My availability is dependent upon appointment type. If you wish to book an appointment outside of the available times, please email email@example.com and I will do my best to accommodate you.
Cancelling/Rescheduling Calls. If a call is rescheduled or canceled on the your (the clients) end, you will be charged a $75 fee. This includes rescheduling due to incomplete/insufficient completion of work, and other program requirements. In the event that I have to cancel/reschedule a call, you will have priority scheduling, at your earliest convenience. Exceptions and emergencies will be evaluated on a case by case basis. If on occasion we choose to waive this, it does not mean the policy has changed.
Telephone Charges. Charges are the responsibility of the client. Since most session calls are recorded this means, unless otherwise note, calling in to a conference call line located in the United States. The conference line information will be included in your welcome materials.
You agree that you are financially willing and able to invest in this Program by choice. There are no-refunds on this Program.
As a client, you may terminate your coaching contract at any time in writing. All money owed at the time of cancellation will become due immediately.
By signing this document you agree this program is either a 3, 6 or 9 week program, Your specific program details and payment schedule will be provided to you as an addendum to this agreement.
Authorization and Receipt: You will receive an electronic receipt for all payments 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 have a 5 day grace period to make the payment following the due date.
During this time, the Program will be put on hold and no Coaching Sessions will be held, including during the grace period. If no payment is made within the 5 day grace period, the Program will automatically terminate and you will forfeit any remaining Coaching Sessions and Program access. Payments must be received at least 24 hours prior to the first scheduled Coaching Session, otherwise, the Coaching Session is canceled and cannot be made up until payment resumes.
Termination: The client may terminate this Agreement at any time with 72 hours written notice via email. If the Client terminates the Agreement, the client remains financially responsible for the full cost of the Program and must immediately make any payments that are due.
No refunds will be provided. All the terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms, will still apply even after termination. In the event of any circumstances beyond control of the Company such as, community disaster, a fire, or situation in which the continued provision of services under this agreement would substantially interfere with Ashley Thompson’s duty of service to its clientele. the Company reserves the right to suspend performing her obligations under this agreement immediately and until such time as Ashley Thompson determines that the circumstances are again suitably available and safe. In such event and providing circumstances permit, Ashley Thompson shall give notice not less than twenty-four (24) hours.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, actual or potential conflict of interest, or other reasons, Aspire Business may decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Aspire Business where practicable, and will receive a partial refunded any advance payments made for coaching sessions not yet provided.
Confidentiality and your privacy is a high priority. You are also expected to respect the privacy of Aspire Business as well. While you’re free to share what you experienced and learned -- please treat as confidential any specific business materials, activities, documents etc obtained from Aspire Business .
- Coaching log. As part of an ongoing professional coach credentialing process, I may document client names, contact information and session times in a confidential log. The log does not include the topics discussed. Where meetings include consulting, teaching or other services in addition to coaching the amount of time spent coaching will be documented. This log of cumulative coaching hours is periodically submitted to certifying bodies (e.g. International Coach Federation) who also hold it in confidence. Occasionally these certifying bodies audit the submitted logs, so it is possible although unlikely you may be contacted to verify that a coaching relationship existed. In this unlikely situation we appreciate your cooperation which enables your practitioner to continue professional development.
- Supervision & Call Recordings. Calls are usually recorded without further permission for confidential use for the practitioner’s professional development. I may share these recordings and/or discuss sessions with mentors, supervisors, legal advisers or credentialing boards when deemed appropriate for learning and professional development. I will make good faith efforts to ensure these parties keep everything strictly confidential. Whenever possible, client names are not mentioned and identifying personal details are omitted or changed.
- Teaching Situations & Case Studies. I may mention topics or situations discussed but will be careful to not to mention personally identifying details without your permission.
- Administrative Assistance. From time to time administrative help may be retained for matters such as data entry, bookkeeping, etc. In the course of performing such duties these professionals may have access to confidential client data. Reasonable good faith efforts will be made to ensure that privacy and confidentiality is maintained throughout all such processes and by all such individuals.
- Miscellaneous. You should also be aware there are various risks to your privacy that are out of our control. Among them, email and the phone are not completely secure means of communication. If, for example, you have concerns about being at risk for domestic violence, or child custody battles, or a dispute with a business partner, this may be an area of concern for you. In such cases you should seek help from legal and privacy experts to help you with that. While your privacy is important to us, you should know that we do not make any promise to fund a court battle in the highly unlikely case a court order required us to disclose information.
PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS
Personal Responsibility and Assumption of Risk: You acknowledge that you take full responsibility for your well-being and all decisions made before, during and after your Program. I have used care in preparing the information provided to you, but all of my information, Programs, and services are made available to you as marketing and business tools for your own personal use and for informational and educational purposes only. You accept full responsibility for your choices, actions, and results, and expressly assume the risks of the Program for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated by the Program.
Disclaimer: Ashley Thompson, explicitly states that while serving in the role of a Business Coach, I am not, nor am I holding myself out to be, a lawyer, accountant, therapist, counselor, doctor, or any other kind of position in any way at any time before, during or after your Program. Nothing contained in this Program is intended to be a substitute for other business tools and services you may need. I am not providing legal or financial advice in any way. You should always seek the advice of your own attorney, accountant or financial manager regarding your own legal and financial situation.
Limitation of Liability, Indemnification, and Release of Claims: Ashley Thompson may not be held responsible in any way for the information that you request or receive through this Program. By signing this Agreement, you fully and completely hold harmless, indemnify and release Ashley Thompson and any employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us 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 will have in the future against me or us, arising from your participation in or in any way related to the Program, even if we were aware in advance of the possibility of any such claim.
OTHER IMPORTANT TERMS
Intellectual Property Rights: The Company retains all ownership rights to the materials provided during your participation in the Program. The copyrighted and original materials you are provided are for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from me electronically or otherwise without my prior written consent. All intellectual property, including the copyrighted Program materials, shall remain the sole property of the Company, and no license to sell or distribute my materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Program materials.
Notice: All correspondence or notice required regarding the Program shall be made to the Company and to the Client at the e-mail address provided during enrollment in the Program. Should the Client’s e-mail address or contact information change at any time throughout the course of the Program, it is the Client’s responsibility to update the contact information within 72 hours.
Modification of Agreement: Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if evidenced in a writing signed by each Party.
Assignment: Neither this Agreement nor any other rights or obligations under this Agreement shall be assigned or otherwise transferred.
No Waiver: The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.
Effect of Partial Invalidity: The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.
Dispute Resolution: Client and Coach will do their best to work out any differences through a phone conversation or via email. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly. Prior to seeking arbitration, the Client must submit your complaint to me with full details about your dissatisfaction with the Program via e-mail to me at Breanne@breannekallonen.com. The Client understands that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement Client agrees to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted in an e-mail, or shall otherwise be forfeited forever. Arbitration will be held in Guelph, Ontario, Canada and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
Non-Disparagement: In the event of a dispute between Client and Coach, Client agrees not to engage in any conduct or communications, public or private, designed to disparage the Program, the Company, or Ashley Thompson. Where requested by law or arbitration, of course, the Client is not prohibited from sharing their thoughts and opinions as a part of the legal process. By signing this Agreement, we are both acknowledging that we have read, understand, agree to and accept all of the terms of this Agreement. Your Program will not begin until this signed document has been received, and payment has been made.
Nondisclosure Obligations: You agree to hold the Confidential Information provided by Ashley Thompson in confidence. Without limiting the generality of the foregoing, the Client, further promises and agrees:
- (A) to take commercially reasonable measures to protect and safeguard the Confidential Information that it receives against unauthorized use, dissemination, publication or disclosure;
- (B) not to use any of the Confidential Information except in connection with the execution of the Consulting Services; and
- (C) not to, directly or indirectly, in any way, reveal, report, publish, disclose, or transfer any of the Confidential Information except to its affiliates, principals, employees, consultants, representatives, accountants, agents, co-investors, advisors, legal counsel, lenders, investors, officers and directors, or as otherwise specifically authorized by the Company (collectively, “Representatives”).
Non-Solicitation of Employees: The Client will not specifically solicit for hire or poach Aspire Business's employees, agents, consultants advisors, independent contractors, partners, directors or anyone otherwise having an interest in employment or a business relationship; provided that nothing herein shall restrict or preclude the Client from doing, or hiring on the basis of, any of the following:
- (A) making generalized searches for employees by use of advertisements in the media (including trade media) or an independent employment agency (so long as it is not directed to solicit such persons),
- (B) continuing ordinary course hiring practices that are not targeted specifically at anyone working at/with the Company or
- (C) responding to any personnel working at/with the Company who contacts the Client regarding his or her own employment on his or her own initiative without any direct solicitation by the Consultant other than any search or ordinary course practice referred to in clause (A) or (B) above.
This Agreement constitutes the entire agreement between the Parties and any prior understanding or representation of any kind shall not be binding upon any Party, except to the extent incorporated in this Agreement.
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