TERMS AND CONDITIONS
Shepherd+Co Coaching Agreement
Thank you for choosing Shepherd+Co. as your professional coaching partner. We sincerely look forward to working with you and succeeding together!
As is true with any successful relationship, we want to ensure that everyone’s expectations are aligned, so this Coaching Agreement captures our engagement details (a.k.a. the legal stuff).
This Coaching Agreement is between us, Shepherd+Co. (“Company”) and you, the client (“Client”). Additionally, this Coaching Agreement is effective as of the date you click “I Agree”, or otherwise enroll, or sign electronically this Coaching Agreement (“Effective Date”).
You are hiring Shepherd+Co. to provide coaching services (“Coaching Services”), limited to those provided for on Company’s website.
Changes to the Coaching Services. Professional coaching is a dynamic process. If during our engagement, we discover that it makes sense to adjust the Coaching Services being provided, we will agree to any changes in writing (such as an email agreeing to go in a different direction). Any agreed upon change in the Coaching Services will be incorporated into this Coaching Agreement and governed by this Coaching Agreement’s terms. If there is a conflict between this Coaching Agreement’s terms and the newly agreed upon changes, this Coaching Agreement shall govern except for any newly agreed upon additional Investment Amounts.
Term. Although we would love to work with you forever, this Coaching Agreement shall end once Shepherd+Co. completes all the Coaching Services and you pay all Investment Amounts due and owing in full, or either Shepherd+Co. or you cancel this Coaching Agreement in writing with a 30-day’s written notice. If you cancel this Coaching Agreement, or simply stop participating, prior to the end of the Engagement Term, then any Investment Amount balance will be due and payable immediately. If Shepherd+Co. cancels this Coaching Agreement prior to the end of the Engagement Term, then any Investment Amount balance will be forgiven.
Third-Party Costs. Sometimes we need a little help from our friends, so if the Coaching Services include leveraging third-party materials or tools, you agree to reimburse Shepherd+Co. for those third-party costs in addition to the Investment Amount.
Payment Terms. Once the Investment Amount, or any part thereof is paid, it is nonrefundable. Shepherd+Co. will invoice you for any Investment Amount balances and Third-Party Costs, if applicable. Invoices are due and payable upon receipt. A late penalty of one and a half (1.5) percent per month (18 percent per annum) will be assessed for any balance outstanding after thirty (30) days from the invoice date. Shepherd+Co. reserves the right to terminate this Coaching Agreement and cease providing Coaching Services if your account remains unpaid for 30 days. You also understand and agree that any balances outstanding after sixty (60) days may be sent to collections. You agree to reimburse Shepherd+Co. for all fees and costs associated with such collections, including legal fees and costs and pre- and post-judgment expenses of collections.
Your Responsibilities. Your full participation and commitment to the coaching process is essential to our joint success. We agree to invest in you, and you agree to invest in you by attending all coaching sessions, completing all activities, and meeting all agreed upon deadlines. By entering into this Coaching Agreement and participating in the Coaching Services you accept sole responsibility for your progress and ultimate results.
Confidentiality. Shepherd+Co. agrees to keep all your confidential information (information which is not generally known to the public relating to your business or personal affairs) confidential. We agree not to disclose, reveal or make use of your confidential information without your written permission or unless required by law. In turn, you agree to keep Shepherd+Co.’s proprietary information confidential. Our proprietary information includes all the information, techniques, tools, programs and materials used to provide the Coaching Services, regardless if the proprietary information is oral or in writing or in some other form. You agree not to disclose, reveal or make use of our proprietary information without our prior written permission. “Making use of” would include, but not be limited to, sharing our proprietary information with any third party, regardless of medium, or posting any of our proprietary information on the Internet.
General Legal Terms.
Entire Agreement. This Coaching Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all previous communications, proposals, representations and agreements, whether oral or written, relating to the subject matter hereof.
Binding Effect. You acknowledge and agree that this Coaching Agreement will be binding upon your heirs, executors, administrators and other legal representatives.
Assignment. Neither this Coaching Agreement, nor any rights or duties arising under it, may be assigned, delegated or subcontracted by you to another without Shepherd+Co.’s prior written consent.
Severability. You agree that, should any provisions of this Coaching Agreement be determined by a court of competent jurisdiction to violate or contravene any applicable law or policy, such provision will be severed and modified to the extent necessary to comply with the applicable law or policy, and such modified provision and the remainder of the provisions hereof will continue in full force and effect.
Captions. The captions and headings used throughout this Coaching Agreement are for ease of reference only, and do not expand, limit or in any way affect the meaning or interpretation of any provision.
Waiver. You agree that any delay or omission on the part of Shepherd+Co. to exercise any right under this Coaching Agreement will not operate as a waiver of such right or any other right; and that a waiver of any right of Shepherd+Co. hereunder on one occasion will not be construed as a bar to or waiver of any right on any future occasion.
Amendment. This Coaching Agreement may be amended in whole or in part only through a written instrument setting forth such changes signed by both parties.
Governing Law, Jurisdiction and Venue. The parties agree this Coaching Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of law provisions. The parties further agree to be subject to the personal and subject matter jurisdiction and venue of the federal and state courts for the State of Colorado, El Paso County.
Multiple Counterparts. This Coaching Agreement may be executed in several counterparts, all of which taken together shall constitute one single Coaching Agreement between the parties. The parties also agree that execution of this Coaching Agreement by facsimile signatures shall be valid and binding and considered the same as original signatures.
Upon execution by clicking “I Agree,” or emailing a statement of agreement, or signing below, the parties have executed this Coaching Agreement by their respective duly authorized representatives as of the Effective Date.
SHEPHERD+CO.: Shepherd+Co. LLC
Entity Type: Limited liability company
Formation State: Colorado
Printed Name: Cassandra Shepard
Title: Managing Member
Address: 3578 Hartsel Drive, Suite E-119, Colorado Springs, CO 80920