This agreement is between Brooke DeBoer Consulting and The Client.
THIS NON-DISCLOSURE AGREEMENT (this “Agreement”) is entered into as of today (The date this agreement is signed) by and between the Client and Brooke DeBoer. (including its affiliates, the “Company”).
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 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 each month on the same day of the month (From today's date) for the minimum 3-month duration of the program. The first full month’s payment is due prior to your first session. Cancellation prior to completing the 3-month program will result in a $200 cancellation fee. Clients will continue to be considered active in the program and billed each month until written notice is given.
- 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.
Scheduling and Timing For Contacting Your Coach:
Being accessible and attentive to my clients is a priority. If you need to reach me between Coaching Sessions, please contact me at any time via email (use your portal for this so we can keep everything in one spot and stay organized). Please refrain from communicating in multiple areas (i.e. text and dm's) so we can keep all of your information streamlined and be able to find past communications easily. I will provide gentle reminders about this in case you forget. I will do my best to respond to you within 24 hours Mondays through Fridays. On weekends and holidays, I will reply to you within 48 hours or the next business day. I understand Brooke DeBoer will Zoom with me or meet me in person (if preferred) at the times agreed upon. I (the client) will give at least 12 hours notice if I have to cancel or reschedule my session unless there is an emergency outside of my control. I (the client) will submit my pre-session form 24 hours in advance too.
Investment and Payment:
I agree to pay $397 USD per month for 3 months. I agree that I am financially willing and able to invest in this Program by choice, and by so doing, I am not in any way incurring any economic hardship. I am committed and determined. I understand that there is a no-refund policy on this Program and that should I choose to cancel before the 3-month program is completed, it will result in a $200 cancellation fee.
By signing this document you agree this program consists of twice-monthly 60 minute in-person or zoom video call meetings and unlimited access to Brooke as your coach (Please reference the above-mentioned ways you can reach me and my response times). If I have to reschedule a call, I will contact Brooke DeBoer ASAP. I am ready and excited to make this happen. All sessions must be completed by 3 months + 2 weeks after the first session. Any sessions not completed within this time frame will be forfeited.
Authorization and Receipt:
By paying via PayPal, debit card, or credit card, you will receive an electronic receipt.
Auto-Pay Enrollment is Required:
Enrolling in auto-pay with your first payment is required to enroll in the program. Please make sure to switch "on" the auto-pay feature the first time you make a payment. Failure to do so will result in the program being put on hold until auto-pay is turned on. If for any reason your payment method declines or does not go through, you will be notified by e-mail and have a 3 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 3 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. The best way to keep your account in good standing is to enroll in auto-pay where your account is automatically billed on the first of the month.
I want you to be happy with your Program. If for some reason you are not satisfied you may stop the Program at any time, whether or not you have held all of your Coaching Sessions. Because we will have invested considerable time and effort in your Program, if you decide to withdraw for any reason, you will remain fully responsible for the current month’s payment and a $200 cancellation fee. No refunds will be provided.
All information exchanged during the Program will be kept strictly confidential. I will not disclose confidential information that you share with me during the Program to anyone else without reason to know such information, unless required by law, ethics, or upon written authorization by you.
Intellectual Property Rights:
Brooke DeBoer 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 Brooke DeBoer, 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.
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.
Brooke DeBoer 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:
Brooke DeBoer 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 Brooke DeBoer 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 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 current month’s payment for 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 the control of Brooke DeBoer such as, community disaster, a fire, or situation in which the continued provision of services under this agreement would substantially interfere with Brooke DeBoer’s duty of service to its clientele, Brooke DeBoer reserves the right to suspend performing her obligations under this agreement immediately and until such time as Brooke DeBoer determines that the circumstances are again suitably available and safe. In such event and providing circumstances permit, Brooke DeBoer shall give notice not less than twenty-four (12) hours.
All correspondence or notice required regarding the Program shall be made to Brooke DeBoer 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.
Neither this Agreement nor any other rights or obligations under this Agreement shall be assigned or otherwise transferred.
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 engagement of the invalid provision.
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 [email protected] 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 Michigan and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
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, Brooke DeBoer. 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.
You agree to hold the Confidential Information provided by Brooke DeBoer 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”).
This Agreement shall be governed by and construed in accordance with the laws of The United States of America and shall be the sole forum for resolving disputes hereunder.
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.
Brooke DeBoer, Founder & CEO
Brooke DeBoer Consulting
430 East 8th Street, Suite 5120
Holland, MI 49423