Website Design and Marketing Coaching Contract
Thank you for signing up for a coaching package with Shelley Smith.
The following contract outlines the terms and conditions of our business relationship, and by paying for the coaching package (in part or in full), you agree to be bound by these terms and conditions.
In this contract, you are referred to as “the Client”.
“The Consultant” refers to me, Shelley Smith of Action Light Training and Development, trading as Shelley Smith Creative.
1.1 The Consultant provides marketing-related coaching and advice, such as advice on website design, copywriting and content strategy consulting.
1.2 The Client would like to engage the coaching services of the Consultant.
2 Length of Contract
2.1 A single coaching session must be redeemed within one month of payment.
2.2 A 3-session coaching pack must be redeemed within three (3) months of the first payment.
2.3 A 6-session coaching pack must be redeemed within six (6) months of the first payment.
3 Description of Services
3.1 The Consultant agrees to deliver the following coaching services to the Client:
3.1.1 Offer the agreed-upon number of coaching sessions, which are 50 minutes each, using an online meeting platform.
3.1.2 Assist with campaign goal-setting.
3.1.3 Advise on marketing assets required for the campaign.
3.1.4 Advise the client on how to develop their marketing assets.
3.1.5 The Client has the option to email the Consultant not less than 24 hours before any of their coaching sessions with questions for the Consultant that will be discussed during the session. The Consultant will prepare answers to these questions for discussion during the 50-minute coaching call.
3.2 The following services do not form part of this agreement. If the Client wishes to engage the Consultant for any of these services, then this would be subject to a separate sub-agreement:
3.2.1 Any custom-designed material, copywriting or any marketing functions that require the Consultant’s direct input.
3.2.2 Additional support or coaching between coaching sessions, via any communication channel.
4.1 The Client agrees to pay the Consultant the agreed-upon fee for the services described in this contract.
4.2 Payment must be made via PayPal in advance of the coaching sessions.
5.1 If the client wishes to terminate this contract, then the following will apply:
5.1.1 Notice of termination must be given by the Client.
5.1.2 A cancelation fee of up to 20% of the total amount paid by the Client will be levied by the Contractor.
5.1.3 The remainder of the total amount paid (after the deduction of the cancelation fee) will be refunded to the Client.
5.1.4 If this contract is terminated, then any material or resources produced by the Consultant as part of the contract will return to the Consultant, and any material or resources supplied by the Client will return to the Client.
5.2 If the Consultant cannot deliver the coaching sessions as outlined in this contract for any reason, then the Consultant will refund the Client for the remaining sessions.
5.3 If the Consultant wishes to terminate this contract, the following will apply:
5.3.1 Notice of termination must be given by the Consultant.
5.3.2 If the Consultant can deliver only a portion of the work as outlined in Section 3, then the Client will have the option to accept that portion of work, for a pro-rated portion of the overall fee.
5.3.3 The Client may choose not to accept a portion of the work as outlined in Section 3, in which case, the Client will be entitled to the total fees paid to the Consultant under this contract only.
5.4 Once the contract has been terminated and the outstanding fees have been paid, then both the Consultant and Client are relieved of any future obligations.
5.5 Both the Client and Consultant agree that the termination of this contract will be the last resort and that they will seek alternative remedies prior to giving notice of termination.
6 Risk Allocation and Remedies
6.1 The Consultant is responsible for delivering the services outlined in Section 3.1.
6.2 The Client is responsible for making the payments outlined in Section 4 and for booking their coaching sessions using the Consultant’s online booking system.
6.3 If the Consultant fails to meet her responsibilities, then the Client needs to inform the Consultant in writing, specifying exactly which responsibilities have not been met. If these responsibilities are part of the services outlined in Section 3.1, then the Consultant must remedy the situation within 48 hours, failure to do so will mean that the Client will be entitled to terminate this agreement.
6.4 Payment must be made by the client in advance. Failure to do so will mean that the coaching sessions won’t proceed.
7 Warranty Disclaimer and Limitation of Damages
7.1 The Consultant disclaims all warranties, whether express, implied, statutory or otherwise, regarding the services outlined in this contract, to the fullest extent of the law.
7.2 The Client assumes full responsibility and assumes all risks when using the advice and services offered by the Consultant.
7.3 In no event shall the Consultant be liable to the Client for any loss or damages resulting from the coaching services offered by the Consultant. The Client hereby releases the Consultant from liability or responsibility for any claims related to the use, access or reliance on the services and coaching provided by the Consultant.
7.4 The Client agrees that a coaching relationship will not exist between the Parties after the conclusion of this contract.
8 Limitation of Damages
8.1 In no event shall the Consultant (or any affiliated parties) be liable to the Client for any loss or damages resulting from the use of the coaching services provided. The Client hereby releases the Consultant from liability or responsibility for any claims related to their use or reliance on the coaching service provided.
9 Governing Law
9.1 If any part of this contract is held to be invalid or unenforceable, that portion of the Terms will be construed with applicable law and the remaining portions will remain in full force and effect.
9.2 These Terms are governed in accordance with the laws of The Republic of South Africa.
10 Full agreement
10.1 This contract constitutes the full agreement between the Client and the Consultant.
11.1 If either party wishes to terminate or amend this contract, they should communicate in writing, using the email address that was used to book the coaching sessions.
11.2 The Consultant’s email address is firstname.lastname@example.org.
11.3 The parties agree to keep each other informed in the case of a change of email address.
I accept the terms and conditions outlined in this contract.