PASSION TO PROFIT PROGRAM AGREEMENT
THIS AGREEMENT entered into on Today is for the arrangement of business education, consulting, and/or business coaching between Mitchell Consulting, a Michigan Company (“Company”) and Michelle Mitchell, founder, Mitchell Consulting, LLC (“Client”) collectively, the “Parties”, and the Parties agree to the following:
COMPANY SERVICES
Upon execution of this Agreement, the Company agrees to render services related to coaching and/or consulting (the “Program”). The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein. Specifically:
Eight (8) Week Passion To Profit & Coaching The program will deliver the key strategies and systems to grow your service company, including mindset, premium business modeling and pricing, lead generation, documentation, people, and financial management. All training and Q&A calls will be recorded and available for participants to access. All outcomes will be will be based on your effort of implementation of the concepts being taught in the program.
Monthly LIive Office Hours via Video Call for ongoing group coaching and support. Q&A calls will be recorded and available with full access to our private private community.
Community Support - get support, please tag one of the coaches in the community.
COMPENSATION
Client agrees to compensate Company and pay the full amount of the program with any additional features the client selects for the Company services outlined above. If you select the payment plan option, you are required to make all 12 monthly payments. You will also be required to submit a backup payment option via ACH. Said total amount will be paid in full or via payment plan upon enrollment into the program by the client.
NATURE OF SERVICES
Business education/training, consulting, and/or business coaching, which is not therapy, or counseling, may address professional and personal realms of a client’s life. Clients will be asked questions of both a professional and personal nature. Approaches may include inquiry and dialogue either in person or on the phone. Client may be assigned homework exercises, communication challenges, accountability requirements and expanded listening and trust skills.
CONFIDENTIALITY
Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, other than what is now or subsequently becomes generally available to the public, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard against disclosure, misuse, espionage, loss and theft.
INTELLECTUAL PROPERTY
Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. All rights reserved.
DISCLAIMER OF GUARANTEE & INDEMNIFICATION
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program and that Company cannot control Client and/or Client’s participation. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that the results experienced by clients significantly vary and accepts responsibility for such variance. Client shall defend, indemnify, and hold harmless Company and related entities from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements, which become obligated to pay arising out of or resulting from the use of the Program excluding expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company.
ADDITIONAL TERMS AND CONDITIONS
- 1. Delays and losses. Company shall not be liable for any delay or failure to perform all or any part of this Agreement for any event that occurs outside of Company’s control, including, but not limited to:
- Project cancellation, delay, failure, damage, loss, cost, diminished quality of service, or expense that results from weather;
B. Project cancellation, delay, failure, damage, loss, cost, diminished quality of service, or expense that is the proximate result of any fire, flood, act of God, revolution, riot, civil disorder, vandalism, act of enemies, pandemic, terrorism, or labor dispute; acts or omissions of Client;
C. Any other cause not within Company’s control, whether or not the cause is enumerated in this Agreement.
If any of the above-described events occur, Company reserves the right to keep all funds paid by Client.
- 2. Limitation of liability; Non-Refundable Retainer Fee. In the event of default on part of Company, including but not limited to, computer failure, personal injury, illness, or errors of any kind, Company’s liability is limited to a refund of funds paid by Client at the time of default. Company’s liability, as a result of any claims, delays, liability, loss, and/or expense asserted or incurred as a result of default, negligence, and/or wrongdoing of Company, its agents, employees, subcontractors, supplies, or persons acting under any of them, is limited to the amount of funds paid by Client.
Company is not liable for any defects, claims, liability, loss, and/or expense asserted or incurred as a result of default, negligence, and/or wrongdoing of Client or any agent of Client.
- 3. Third party liability. Client shall indemnify, defend, and hold Company, its employees, officers, directors, agents, employees, subcontractors, supplies, or persons acting under any of them harmless from any loss, cost, expense, or damage claimed by third Parties for property damage and/or bodily injury, including death, to the proportion extent such loss, cost, expense, or damage arises from the negligence or willful misconduct of anyone other than Company.
- 4. Dispute resolution; Jurisdiction and venue.
This Agreement shall be governed and controlled by the laws of the State of Michigan. Should it become necessary for Company to employ an attorney to enforce any of the conditions or covenants hereof, including, but not limited to, collections, litigation, or arbitration, Client agrees to pay all expenses so incurred, including all attorneys' fees. Said litigation shall be conducted exclusively in Kalamazoo County and the Parties consent to such jurisdiction and venue. Each party agrees to be subject to the Michigan Long Arm Statute for service of process, and waives the defenses, even if otherwise available, of improper venue and forum non-convenience.
- 5. Non-disparagement. Company and Client agree that the Parties, nor or any agents of the Parties, shall directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward either of the Parties or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of any of the Parties, or to malign, harm, disparage, defame or damage the reputation or good name any of the Parties.
- 6. Independent Relationship of the Parties. The relationship between the Parties is that of independent contracting Parties. Nothing contained in this Agreement or the course of conduct between the Parties will be considered to form a partnership, employment relationship, or any other relationship except that of independent contractor. The Parties acknowledge that in performance of services under this Agreement, Company is an independent contractor with the authority to control and direct the performance of the services.
- 7. Notices. All notices, deliveries, or tenders given or made in connection with this Agreement shall be deemed complete and legally sufficient if sent electronically, mailed by ordinary First-Class Mail, or delivered personally to the party at the addresses identified above.
- 8. Non-assignability.
This Agreement may not be assigned, in whole or in part, by either party, without written consent from the other.
- 9. Binding effect.
This Agreement shall bind and benefit the Parties, and their successors, heirs, and representatives.
- 10. Severability.
If any term, covenant, or condition of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in effect; each term, covenant, and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
- 11. Effective date.
This Agreement shall be binding on the date you purchase the program.
- 12. Entire Agreement; Amendment.
This Agreement contains the entire agreement of the Parties. All prior and simultaneous negotiations are merged in this Agreement. This Agreement may be modified or amended only by a written document signed by the Parties.
- 13. Counterparts; Electronic transmission. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered by facsimile or electronic transmission, and a facsimile or electronic version of this Agreement or of a signature of a party will be effective as an original.
INFORMED CONSENT
By signing this document, I desire to voluntarily engage in Business Coaching and Consulting Sessions with Michelle Mitchell, the company. As coaching and consulting have the potential to open up vulnerabilities in my life, I understand that I am responsible for monitoring my own condition throughout the experience.