Coaching Terms & Conditions

Coaching Terms and Conditions

As a Coach, I am here as a thinking partner and sounding board. My role is to help you to move forward with your business goals.

User Agreement for Process Design Consultants Inc.

BY STARTING OUR WORK TOGETHER, YOU ACKNOWLEDGE THAT:

A) YOU HAVE READ THIS AGREEMENT

B) YOU UNDERSTAND IT, AND

C) YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.

This Agreement (“Agreement”) is a legal contract between “Process Design Consultants Inc.” located in the province of Ontario in the country of Canada and the client (collectively the “Parties”).

WHEREAS, Process Design Consultants Inc. is engaged in this business of client coaching and concierge services; and

WHEREAS, YOU, as client, desire to engage Process Design Consultants Inc. to provide coaching and concierge services.

NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Fees

1.1. Programs: Under the terms of this Agreement, Process Design Consultants Inc. agrees to provide coaching and consulting services to you in the form of coaching sessions by video chat or phone.

IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF PROCESS DESIGN CONSULTANTS INC.'S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH PROCESS DESIGN CONSULTANTS INC. AND CONTACT US IMMEDIATELY AT JEN@PROCESSDESIGN.CA.

Services such as 1:1 coaching sessions, group coaching sessions, access to portals, communications, homework, worksheets, deliverables such as resumes, bios, and LinkedIn profiles, plans, assignments ("Services") are provided to you in exchange for a Service Fee. Service Fees will be determined according to paragraph 1.2 below. Your access to such Services is made conditional on payment of such Service Fees.

1.1.2. Term: The Term of this Agreement will commence upon your acceptance of this Agreement. You agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the Services.

1.1.3. Termination: Process Design Consultants Inc. may terminate this Agreement at any time in its discretion upon notice to you. Paragraph 3.1 below shall survive termination of this Agreement, binding you to Confidentiality in perpetuity.

1.2. Service Fees: By accepting the terms of this Agreement, you agree and understand that you are committing to pay the coaching fees as outlined in our Coaching Agreement. Price is inclusive of any taxes. If you are a resident of Canada, HST will be submitted on your behalf. All fees are to be paid at the time of booking my services.

1.3. Cancellation Policy: A client who provides notice of cancellation 24 hours prior to a coaching session can rebook the session at no additional cost. If you cancel within 24 hours of a session, the session will be counted as being taken unless Process Design Consultants Inc. is able to rebook your time slot. The client may choose to stop our work together at any time subject to terms of this agreement. Please put the notification in writing via email to jen@processdesign.ca.

Please note that the coaching sessions must be used up within 60 days of the commencement of coaching.

1.4. No Refunds: Process Design Consultants Inc. abides by a strict no refund policy. By accepting the terms of this Agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid to Process Design Consultants Inc..

SECTION 2: NO WARRANTIES

2.1. Success Not Guaranteed: By accepting the terms of this Agreement, you agree and understand that Process Design Consultants Inc. provides services related to coaching and concierge services only and guarantees no specific results. You take full responsibility for your own success. Further, you acknowledge that everyone's success results may look different, and are dependent on factors such as drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own success.

2.2. Limited Liability: In no event will Process Design Consultants Inc. be liable to you or any party related to you for any damages, including damages for loss of income, profits, settlement amount or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Process Design Consultants Inc. has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

2.3. Commitment to the Program. By accepting the terms of this Agreement, you commit and agree to execute all of the assignments, and work to the best of your ability. You further agree to attend all scheduled meetings.

SECTION 3: Confidentiality

3.1. Confidentiality: Only authorized users, who have duly attained access to any programs or Services offered by Process Design Consultants Inc. by personally agreeing to the terms of this Agreement are permitted use of our services. Except as expressly authorized by this Agreement, you shall not provide or make available any documentation, video, audio, or any login member credentials to any third party, or use the documentation, video, audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the services for any purpose other than exercising rights expressly granted to you by this Agreement.

3.2 Intellectual Property: You acknowledge that any audio and/or visual presentations, documentation, and other elements the coaching program are the sole Intellectual Property of Process Design Consultants Inc. under Canadian copyright, trademark and other intellectual property laws and international treaties.

You further acknowledge and agree that, as between you and Process Design Consultants Inc., and its third party licensors own and shall continue to own all right, title, and interest in and to the audio and/or visual presentations, documentation, and other elements of the coaching program, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the audio and/or visual presentations, documentation, and other elements of the coaching program, or any other intellectual property rights of Process Design Consultants Inc. whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Process Design Consultants Inc. uses in connection with services rendered by Process Design Consultants Inc. are marks owned by Process Design Consultants Inc. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

Any deliverable produced during our work together such as a resume, LinkedIn profile or bio are your property, and you can distribute or amend them as you wish.

SECTION 4: Miscellaneous

4.1. Non-transferability: The rights and obligations under this Agreement are personal to you. You may not assign or transfer any rights or obligations under this Agreement.

4.2. Indemnification: You will, at your own expense, defend, indemnify, and hold Process Design Consultants Inc., its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney/lawyer fees, arising out of or in connection with any use of the services of this Agreement.

4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between you and Process Design Consultants Inc. concerning the services, and this Agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with Process Design Consultants Inc. relating to the Program, whether oral or written.

4.4. Amendment: Process Design Consultants Inc. reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement inside the online portal and notifying you.

4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of Canada and Ontario. The venue for any dispute shall be in Ontario.

4.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.

YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.