Mentoring Signup with AOC Staff

THIS AGREEMENT is between:
(a) Art of Coaching LLC, a Georgia Limited Liability Company, (“Coach”); and (b) All Mentoring Clients, (“Client”).

In consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth in this Agreement, the parties hereby agree as follows:

Terms and Conditions

1. RETAINER AND PAYMENT.
The Client shall make either non-refundable payments for the Coach to perform the services specified herein. All payments are to be made in United States Dollars (USD).

(a) Credit Card Authorization

I, All Mentoring Clients hereby authorize Art of Coaching to automatically process payment for purchases related to Mentoring.

2. RESCHEDULING.
All dates and times of the scheduled sessions are final unless otherwise discussed and agreed upon by Coach and Client in writing. Failure to show for a session shall result in forfeiture of that service.

3. LATE ARRIVAL.
The coaching sessions shall begin promptly at the agreed-upon start time. The Coach shall wait for a grace period up to 10 minutes past the start time. Should the Client arrive within the grace period of 10 minutes, the session shall occur but shall last only the remaining time left in the session. No proration of monies shall occur.

4. RELATIONSHIP.
The Coach agrees to deliver the Client services as a work-for-hire independent contractor providing Coaching services. Nothing herein shall be deemed to constitute a partnership or joint venture between Coach and Client. Further, this Coaching services does not create a relationship beyond the confines of the Coaching services.

5. CONFIDENTIALITY AND NON DISCLOSURE.
The Client understands that all materials, including but not limited to, business plan's, templates, price lists, contracts, financial documents, agreements, and other information or documents that are given to them in the course of the Coaching services are the exclusive property of the Coach and are privileged and confidential information. The Client shall not disclose, whether or not, the confidential information obtained from the Coach to anyone unless required to do so by law. Furthermore, the Coach understands all materials shared by Client including but not limited to price lists, client identities, documents, financials, etc that are given to the Coach during this time shall remain confidential and secured.

6. TRANSFERS OR REFUNDS.
The Coaching services fee(s) is non-refundable. The Coaching services fee MAY NOT be transferred to another Client.

7. NON-COMPETE.
Client shall not compete as a Coach within the context of services provided by Coach or Art of Coaching LLC for 365 days of the completion date of this Coaching services. This includes, but is not limited to, in-person, online, forum-based Coaching as well as digital products, whether for compensation or not.

8. RECORDINGS. The Client shall not capture the Coaching session in any capacity, including but not limited to voice recording, tape recording, photography, etc. The Coach shall provide a recording in .mp4 format to the Client within 14 days from the close of the final coaching session given technology is cooperating.

9. COOPERATIVE ATTITUDE.
The Client shall retain a cooperative attitude throughout the course of the Coaching services. At any time the Client acts uncooperative the Coach shall terminate the Coaching services and retain all Coaching services fees. All unpaid Coaching services fees shall be remitted to the Coach per the remainder of the contract or be subject to legal action. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Coach or a third party in reference to the Coaching services.

10. ACCOUNTABILITY. The Client acknowledges that reaching their goals requires individual effort, commitment, and execution of tasks and/or strategies provided by the Coach. While the Coach serves as a guide and mentor, success depends on the active involvement and implementation of strategies by the Client. The Coach will provide support and expertise, but cannot execute on the Client's behalf. The Client takes responsibility for their progress.

11. INTELLECTUAL PROPERTY. All information provided in the course of the Coaching services are copyright of the Coach.

12. WAIVERS. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.

13. INDEMNIFICATION. The Coach shall be held harmless for any and all injury to Client and Client’s business and equipment during the course of the Coaching services and the immediately surrounding events.

14. GOVERNING LAW AND CHOICE OF VENUE. This Agreement shall be governed by the laws of Georgia and sett.ed by arbitration to be held in Cherokee County, Georiga without regard to its conflicts of law provisions. The parties may bring an action concerning this Agreement only in the state and federal courts for Georgia.

15. ATTORNEY FEES.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

16. RESOLUTION.
Client shall first approach Coach in writing as to any issues related to the Coaching services. Failure to do so will result in termination of the Coaching services and forfeiture of all Coaching services fees. All unpaid Coaching services fees shall be remitted to the Coach per the remainder of the contract or be subject to legal action.

17. COUNTERPARTS; ELECTRONIC SIGNATURES.
(a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
(b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or another electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

18. FORCE MAJEURE.
A party will not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
(a) notify the other party of the Force Majeure Event and its impact on performance under this agreement; and
(b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.

19. NOTICES.
(a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.

(b) Addresses. A party shall address notices under this section to a party at the following addresses:

If to the Company:
Brett Bartholomew
PO Box #75472
Phoenix, Arizona, 85087

Email: info@artofcoaching.com

20. ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

21. HEADINGS.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

22. EFFECTIVENESS.
This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

23. NECESSARY ACTS; FURTHER ASSURANCES.
The parties shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement