12-Session Coaching Package

Michelle will email you upon purchase to schedule your sessions!

By purchasing this 12-session package for individual coaching with Michelle Dempsey-Multack, client agrees with the following terms and conditions:

Term

This agreement commences on the date that it is accepted by you and ends on the date that both parties have fully performed their obligations under this agreement, unless terminated earlier.

Services

The specific services I will provide to you under the current engagement are set out in our proposal, quote or other written communication (Proposal) accompanying this agreement.  

If we have discussed a service previously but you don’t see it included in the Proposal, please raise this with me, as the scope of our engagement will be limited to the documented Proposal. These terms will apply to future Proposals unless I provide updated terms to you.

Client Responsibilities

We ask that you do the following:

1. Commit to using the knowledge from the Services provided with absolute integrity.

2. Acknowledge you are responsible for your actions and resulting outcomes. 

Investment

In consideration for the provision of the Services, you agree to pay us the Fees set out in the Proposal.

Payment Terms

You agree to pay the Fees in advance by payment through the link provided below. In accordance with the Payment Terms set out in the invoice and in such manner as reasonably directed by your coach before partaking in any group or individual coaching sessions.

Postponements

For individual coaching, if you need to postpone or reschedule a session, you must contact your coach at least 48 hours prior to the scheduled session time. Rescheduling is subject to availability. Sessions must be rescheduled within 1 week of the original scheduled time unless otherwise instructed by your coach. Failure to provide sufficient notice or to reschedule within 1 week of the original session will result in forfeiture of the session.

Cancellation and Refund Policy

Once a package is purchased, refunds are not available.

You may only cancel or postpone any other session time if you submit a cancellation or postponement request to us in writing by email at least 48 hours prior to the appointment.

Of course, I understand that life gets in the way and so if you have special circumstances that mean you would like to cease or pause working together, I may in our absolute discretion agree to cease or pause our arrangements in such circumstances.

Termination

Coach may terminate this agreement, in our absolute discretion, on 7 days’ written notice to you. In the event of such termination, we will refund any Fees paid in advance for Services not delivered. All clauses which by their nature are intended to survive termination will survive termination of this agreement

Indemnity

You indemnify us in respect of any loss or damage suffered by me due to any action or omission of you or any participant in any workshop delivered pursuant to this agreement.

This clause survives termination of this agreement.

Intellectual Property

Coach may use the intellectual property of other persons in providing the Services, whether under license or other authorization or permission of the intellectual property owner. We acknowledge the intellectual property of others as appropriate and as required by law.

Coach owns the intellectual property in all coaching and training materials and the material on our website and grant no license with respect to our intellectual property.  It is retained for our exclusive use.

All intellectual property created by you during any appointment is retained by you and is not owned or retained by us.

You are not permitted to make any audio-visual recording of any Services (including still photography) without our express permission, which may be subject to further agreement and fees.

Confidentiality

It’s likely that while we’re working together, we may disclose Confidential Information to each other. We each undertake to keep such Confidential Information private (except as authorized by the other party or as required by law) and take reasonable measures to protect its confidentiality. This clause survives termination of this agreement.

Testimonials

If you provide us with a testimonial (in writing or verbally, such as in a session), you agree that we may share your testimonial to promote our Services. I will anonymize the testimonial, unless we have your express consent to share your name and/or photograph (unless you have provided a testimonial on a public platform, such as Facebook, in which case you consent to us sharing the content of your testimonial, including your Facebook profile name and picture).

Advice and Information

Please note that I provide coaching, mentoring & general information only, including financial information and guidance on your mindset. I do not provide financial planning, legal advice, psychological assessment or treatment. Coaching Services should not be taken as, or substituted for, professional financial, legal, taxation or medical advice. I am not a licensed attorney, psychologist, CPA, or financial planner and you should seek a professional if you are in need of specialized advice.

Guarantees

I do not warrant or guarantee specific outcomes. While we may discuss strategic goals with you, I do not warrant or guarantee that such goals will be achieved. Any indications given are examples and are based on experience. These must not be relied on to predict future results. You agree that you have not relied on any warranty, guarantee or representation given by me in entering into this agreement.

Failure to achieve results alone will not give rise to a right to terminate this agreement.

Limitation of Liability

Dispute Resolution

If a dispute arises between us, we each agree that the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.

The party claiming the dispute must first inform the other party in writing of the following:

a) the nature of the dispute;

b) the outcome they desire to resolve the dispute, and

c) the action they believe will settle the dispute.

On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days.

If the parties are unable to resolve the dispute in that time, the parties will commence all legal action in Miami-Dade, County Florida.  The parties must each pay their own costs associated with litigation

All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

This clause survives termination of this agreement.

General

a) Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.

b) We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the Services, provided always that we will remain the head contractor and will be responsible for the delivery of the Services in accordance with this agreement.

c) This agreement is the entire agreement and understanding between the parties on everything connected with the Services, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the Services.

d) If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.

e) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

f)  Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.

g) The laws of the State of Florida governs this agreement and the parties submit to the non-exclusive jurisdiction of the courts of the State of Florida.

h) A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:

i.            delivered personally;

ii.           posted to their address, when it will be treated as having been received on the second Business Day after posting; or

iii.          sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

Definitions

In this agreement:

a) Agreement means this agreement between Coach and the Client.

b) Confidential Information refers to any data or information relating to Coach or the Client, whether business or personal, written or oral and regardless of how or when it was provided to the other party, which would reasonably be considered to be private or proprietary to the disclosing party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to us or the Client, and includes the terms of this agreement (except to the extent that disclosure of the terms is necessary for the purpose of legal or financial advice).

c) Intellectual Property means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trademarks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.

d) Nominated Account means our account with details as stated in our invoice.

e) Services means the services set out in our Proposal.

 Acceptance

You will be taken to have accepted the offer contained in this agreement on the happening of:

a) Receipt by me of your payment