Terms of service.
COACHING CLIENT AGREEMENT | TERMS + CONDITIONS
Whereas, Katherine Gramann Spruce LLC hereafter referred to as “the Coach” will perform a myriad of services as outlined below (See Sec. 2) - Whereas “the Client” will compensate the Coach for said services by paying a service fee.
1. Duration
The Coach will render services to the Client for the duration outlined on the email or contract of terms. Once the initial length of the program has transpired, either party may opt to conclude the agreement without penalty. The two parties may extend the existing agreement in monthly (30) day increments so long as both parties shall agree in written communication. Should the Client choose to terminate the contract without cause prior to the end of the initial coaching period, the Client must present the Coach with a written notice of termination and compensation equal to the amount to be paid to the Coach over the duration term.
2. Services
The Program will be provided over the course specified via email or contract of terms and shall be delivered by a combination of online communications, online sessions, telephone sessions, or as a downloadable product as detailed via Coach. The exact date and time of all telephone sessions and In Person sessions are as set out on the via Coach and/or will be communicated to you via email but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check the via Coach regularly for updates on changes to dates and times. The services cited in this section (Sec. 2) represent a complete list of the Coach’s contractual obligations. The Coach may elect to provide additional services when deemed necessary. Should this occur, the Client will not be billed for additional services not already agreed on via email. However, the performance of additional services in one period does not obligate the Coach to provide such additional services in future periods.
3. Compensation
The Coach will begin work with the Client for the price outlined on the email or contract of terms. All payments must be made on time in order to receive the next session and information. Should a suspension or cancellation of payment occur, the complete payment will be necessary to resume services – a prorated amount will not be provided.
4. Account Access & Authorization
If requested by the client, the Coach is authorized by the Client to assume the identity of the Client and/or company in social media interactions and web via Coach copy on the internet including, but not limited to, status updates, comments, webpage copy and responses to user comments where given privilege. The Coach will hold the Client’s URLs, usernames, and passwords in confidence. The Coach will not share this information under any circumstances, nor will the Coach sell this information to a third (3rd) party.
5. Rights to Created Content
The Client may not distribute for profit any content created by the Coach for the Client, while under contract, without the written consent of the Coach. Furthermore, the Coach will retain the right to use any and all content created by the Coach for the Client, while under contract, for the purpose of (1) providing samples of the Coach’s work or (2) instruction – including, but not limited to, presentations, lectures, webinars, and published material in any medium.
6. Access to Client Information
In order to accurately determine results, the Coach will, from time to time, ask for financial and customer information from the Client. Requests will be made directly to the Client in person, over the phone, or in writing. The Coach will not share this information under any circumstances with any parties not associated with Spruce LLC, nor will the Coach sell this information to a third (3rd) party.
7. Liability Waiver
The material displayed via Coach is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with via site or in connection with the use, inability to use, or results of the use of my via site, any site linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Establishing a social media and online presence and initiating a two-way flow of communication between the Client and the public can have unintended consequences on the Client’s reputation. Should this occur, the Client waives its right to hold the Coach responsible for any damage and/or liability that may arise from the Coach’s actions on behalf of the Client.
As a client, I understand and agree that I am fully responsible for my physical, mental and emotional well-being during my coaching calls, including my choices and decisions.
- I understand that “coaching” is a Professional-Client relationship I have with my coach that is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
- I understand that coaching is a comprehensive process that may involve all areas of my life, including work, finances, health, relationships, education and recreation. I acknowledge that deciding how to handle these issues, incorporate coaching into those areas, and implement my choices is exclusively my responsibility.
- I understand that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and I will not use it in place of any form of diagnosis, treatment or therapy.
- I promise that if I am currently in therapy or otherwise under the care of a mental health professional, that I have consulted with the mental health care provider regarding the advisability of working with a coach and that this person is aware of my decision to proceed with the coaching relationship.
-I understand that information will be held as confidential unless I state otherwise, in writing, except as required by law.
- I understand that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. I will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my sole responsibility.
- There is no guarantee that you will get any results or earn any money using any of Katherine Gramann dba Spruce LLC's ideas, tools, strategies or recommendations. This is not a “get rich scheme.” Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, neither Spruce LLC nor Katherine Gramann can guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our via site are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from the ideas or models presented on the website, and we offer no professional legal, medical, psychological or financial advice.
- COLD WATER SWIM CLUB MEMBERSHIP I recognize on behalf of self, spouse, heirs, estate and assigns that the risk of injury from the activities involved is significant. I recognize that severe injuries, including permanent paralysis or death can occur in sports or activities involving height or motion, the activities including but not limited to breath work, meditation, training routines with ice/cold/heat, physical exercises pertaining but not limited to yoga, swimming, running, climbing, and hiking and may be caused by terrain, facilities, temperature, extreme cold, ice baths, weather conditions, condition of participants, equipment, vehicular traffic, breathing exercises, lack of hydration, or other factors. Potential injuries include but are not limited to heart failure, loss of consciousness, and stroke and may be caused by terrain, facilities, temperature, extreme cold, ice baths, weather conditions, condition of participants, equipment, vehicular traffic, breathing exercises, lack of hydration, or other factors. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury still does exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF KATHERINE GRAMAN, SPRUCE LCC or others such as volunteers and trainers, and I assume full responsibility for my participation.
I acknowledge and understand that while participating in the activity of COLD EXPOSURE:
● I may be injured, physically or mentally, or may die.
● My personal property may be lost, damaged or stolen at no responsibility to the
coach or any of her agents.
● Other participants may cause me injury or may damage my property
● I may cause injury to other persons or damage their property
● The conditions in which the activity is conducted may vary without warning
● I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract.
● There may be no or inadequate facilities for treatment or transport in case of an
accident and/or injury.
● I assume the risk of and responsibility for any injury, death or property damage
resulting from my participation in the activity.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Katherine Gramann, Spruce LLC, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, for ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property arising out of my presence upon any facilities where Spruce LLC related program and/or training is taking place, whether caused by the fault of myself, Katherine Gramann, Spruce LLC, or other associated third parties, to the fullest extent permitted by law.
Coaching Client Agreement
8. Service Interruption
- Either party shall be excused from any delay or failure in performance required here under if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, laws, proclamations, edits, ordinances or regulations, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations hereunder shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this Agreement upon ten (10) days’ prior written notice to the other party.
IN WITNESS WHEREOF, both parties signify their authority to act on their organization's behalf and agreement to abide by the terms of this contract effective the date written during checkout or in email by the the investment in any item.