Terms & Conditions
The terms and conditions below apply to all coaching and mentoring services provided by Be Data Lit LLC (“the coach”), any individual or organization (“the client”), and constitute the contract for the service to be provided by Be Data Lit for the client. The term ‘coaching’ as used here covers career coaching and consulting and, where applicable, includes services provided for clients, coaches, or others.
In the spirit of good practice, when purchasing coaching services from Be Data Lit, we ask you to confirm that you have read and agreed to each statement below and wish to proceed.
1. The Coaching Services.
1.1 Coaching Services.
Under the terms and conditions of this Agreement, Coach agrees to provide Client with certain coaching services in the form of webinars, audio and/or visual presentations, and periodic personal coaching sessions and evaluations (collectively the “Services”) in exchange for the Coaching Services Fee(s) (outlined below in Paragraph 1.2 below). Client’s access to such Services is conditional on payment of the Coaching Services Fee(s).
1.2 Coaching Services Fee.
By accepting the terms and conditions of this Agreement, Client agrees and understands that Client shall either remit (A) a one-time payment of your total cost to Coach before Coach begins to render the Services described herein OR (B) shall remit an initial payment of fifty percent (50%) of the total payment for the Services rendered before Coach begins to render the Services described herein and a second payment in the same amount as the first payment of the remaining fifty percent (50%) of the total payment for the Services prior to end of services. The above one-time payment or two installment payments shall be determined by the Coach and Client prior to services rendered and be paid by the Client to the Coach via Stripe. All payments made by Client to Coach are non-refundable.
1.3 Important Notice Regarding the Coaching Services.
Client acknowledges that coaching is not a form of or substitute for counseling, psychotherapy, mental health care or other medical or health care intervention of any kind. Coach is not, and does not claim to be, a licensed medical or mental health professional. If Client is currently under the care of a mental health professional, it is Client’s responsibility to consult with that person regarding the advisability of working with a coach. If at any time Client feels the need for professional counseling, Client agrees to promptly seek the assistance of a licensed professional. In addition, Client understands that participating in coaching entails risks associated with a challenging program of personal development, including risks of mental or emotional upset as well as risks that may not be foreseeable at this time. By signing this Agreement and participating in coaching, Client freely and voluntarily assumes all such risks. Client further understands and acknowledges that desired or anticipated results may not be achieved, and Client takes fully responsibility for Client’s results, personal health and well-being, and actions and decisions. COACH MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT CLIENT MAY ATTAIN THROUGH COACHING AND COACH EXPLICITLY DISCLAIMS ANY WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, OF RESULTS.
1.4 Confidentiality.
Client shall not provide or make available any documentations, video, or audio to any third-party, nor shall it use any documentation, video, or audio to teach any third-party, or otherwise disclose or discuss information revealed in any portion of the Services.
1.5 Intellectual Property.
Client acknowledges and agrees that any and all audio and/or visual presentations, documentation and/or other elements related to the Services offered by Coach are the sole intellectual property (the “Intellectual Property”) of Coach.
2. Term & Termination of the Agreement.
2.1 Term.
The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until the Services chosen by the Client and defined above have been fully rendered, and Client has compensated Coach for all Services contemplated herein.
2.2 Termination.
The Parties hereto acknowledge and agree that Coach may terminate this Agreement at any time in its sole discretion upon written notification to Client. The Parties agree that the terms of Paragraphs 3, 4 and 6 shall survive the termination of this Agreement.
3. Indemnification & Limitation of Liability.
The Client agrees to indemnify and hold Coach harmless against all costs, expenses and losses (including reasonable attorney’s fees and costs) incurred through claims of third-parties against Coach based on a breach by the Client of any representation and/or warranty made in this Agreement by Client. Coach shall not be liable to the Client for any special, consequential, incidental, punitive or indirect damages arising from or relating to any breach of this Agreement, regardless of any notice of the possibility of such damages. Coach’s total liability hereunder shall be limited to the total fees paid by Client to Coach hereunder.
4. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of [ENTER STATE], without regard to its choice of law principles. The Parties consent to exclusive jurisdiction and venue in the courts sitting in the State of South Carolina]. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.
5. Entire Agreement.
This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. This Agreement shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement.