ONLINE CLIENT COACHING AGREEMENT

This Agreement (the "Agreement") is entered into between you (the person purchasing coaching for their use, otherwise known for purposes of this agreement as “Client”, “you”, or “your”) and Kendra Brodin of Kendra Brodin Companies LLC DBA EsquireWell (“Coach”)

1. Services

Coach agrees to provide Client with the following services (“Services”):

Coach and Client agree to engage in a coaching relationship as described in the details of the coaching package you are purchasing.

If Client wishes to extend the coaching relationship beyond the coaching services described in the coaching package you are purchasing, both Coach and Client must agree in writing (including by e-mail) to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.

2. The Coaching Relationship; Client and Coach Responsibilities

The coaching relationship is co-creative, meaning that the Coach and Client are equal partners in the coaching process. Coaching is designed to help the Client (“you”) change the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results. Coach cannot, and does not, guarantee particular results.

Coach Responsibilities:

• Coach is trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.
• Coach is committed to helping you overcome limiting beliefs and create a new mindset that will empower you to achieve your goals.
• Coach will ask thoughtful questions designed to increase your awareness, decide what you want in the future, and create a strategy to help you achieve those goals.
• Coach will teach you tools that you can use to improve your mindset, your relationships with other people and, most importantly, your relationship with yourself.
• During your coaching experience, Coach will provide a supportive and encouraging environment in which you can relax, explore your potential, and determine your next steps.
• Coach will answer questions during coaching calls and between calls via email.

Client Responsibilities:

• You agree to be patient and kind with yourself as you learn and apply new ideas and concepts.
• You understand that coaching works when you do the work, and you agree to take ownership for your progress and accomplishments.
• You agree to show up for yourself not only during your coaching sessions, but also in between coaching sessions (where you apply what you learn).
• You agree that you are completely responsible for your well-being and your mental and physical health care – during, after, and between sessions.
• You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during your coaching journey.
• You agree not to hold Coach or any company Coach is affiliated with liable for any outcomes resulting directly or indirectly from the choices you make during the coaching process.
• You acknowledge that you are under the care of a physician and healthy enough to engage in Coaching.
• You agree that your relationship with the Coach or anyone providing coaching Services on behalf of the company is that of a coach-client relationship and that no other professional relationship (such as attorney-client or therapist-client) has been established.

Although Kendra Brodin is a licensed attorney and trained social worker and other employees or contractors of the company Coach is affiliated with may be licensed attorneys or other licensed mental health professionals, your coaching relationship does not establish an attorney-client, counseling relationship, or similar relationship of any kind between you, the company Coach is affiliated with, employees or contractors of the company Coach is affiliated with, or Kendra Brodin.

Coach does not provide any financial, legal, medical, or psychological services or advice. Coaching does not prevent, cure, or treat any mental or medical condition. Coaching is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional, independent of the coaching relationship, if you have specific questions about your own unique situation. Coach and any company that Coach is affiliated with disclaim any liability for your reliance on any opinions or advice received as part of the coaching relationship.

You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

Coach cannot and does not guarantee any particular results or financial/business outcomes as a result of this coaching relationship.

3. Fees and Payment Schedule

Client agrees to the fees and payment schedule described on the check-out page of the coaching package you are purchasing.

Coach reserves the right to terminate this Agreement and the coaching relationship should these fees not be paid.

If paying by debit card or credit card, you give Coach and any company that Coach is affiliated with permission to automatically charge your credit or debit card for all fees and charges due and payable to the Coach, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Coach and any company that Coach is affiliated with is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

4. Session Procedures

Coaching meetings will last up to 60 minutes (unless otherwise described in the coaching package you are purchasing) and will take place by Zoom (unless otherwise described in the coaching package you are purchasing or agreed to by Coach and Client). Coach will initiate the call, send the calendar invitation, and provide Zoom information. When possible, sessions will take place at a recurring set time and day, however, sessions can be adjusted as mutually agreeable.

A 24-hour cancellation notice is required for all scheduled sessions. Cancellation requests made less than 24 hours prior to your scheduled appointment will result in the forfeit of the coaching session that was reserved for you. If Coach must reschedule the coaching appointment less than 24 hours before the scheduled session, the missed appointment will be rescheduled and an additional 30-minute coaching session will be added as a courtesy.

Email support is often included as a part of the coaching relationship (refer to the description of the coaching services you are purchasing). E-mail support will include answering your questions that may arise in between sessions. Coach will respond to emails within 48 business hours of receipt. E-mail support will not be available on Saturday, Sunday, or holidays.

5. Preparation for First Session

Client will receive a separate welcome letter and intake questionnaire to outline the process and prepare for the first session.

6. Confidentiality

Coach agrees to keep all information about the Coach/Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself, herself, or others. Client acknowledges that Coach/Client communications are not covered by any doctor-patient privilege, attorney-client privilege, or other privilege.

If Client wishes for Coach to speak to a third-party relating to the coaching relationship, then Client needs to give Coach written permission (original signed letter or e-mail) to do so.

This confidentiality provision shall survive the termination of this Agreement.

7. Termination and Refunds

All fees paid for coaching services are non-refundable. In the event of Coach’s termination that is not the result of Client’s breach of this Agreement, Coach will provide a pro-rated refund of the payment the Coach has received from Client. In the event Client terminates this Agreement and the termination is not the result of Coach’s breach of this Agreement, no refunds will be given.

Unless otherwise provided by law, Client acknowledges that Coach does not offer refunds for any portion of Client’s payment for any coaching and no refunds will be provided to Client. By using and/or purchasing coaching, Client understands and agrees that all sales are final and no refunds will be provided.

In the event of termination, Client will retain access to the coaching materials provided via email by Coach to Client. Access to online materials on Coach’s website will be discontinued when the coaching relationship ends.

8. Coaching Materials and Ownership of Intellectual Property

Client acknowledges that Coach owns or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during our coaching relationship. Coach hereby grants Client permission to use these materials for Client’s own personal use only. Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.

9. Limitation of Liability, Release

Client agrees that Coach will not be liable to Client or any third party for any damages (including, but not limited to, lost data, lost profits, incidental or consequential damages) that arise from Coach’s performance of coaching (including, but not limited to, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the coaching shall be the sole responsibility of Client. Client agrees to indemnify Coach and its owners, officers, employees, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Coach’s performance of the coaching, except to the extent such are caused by the sole fault or negligence of Coach.

10. Force Majeure

Coach shall not be deemed in breach of this Agreement if Coach is unable to complete or provide coaching or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of Coach and any company that Coach is affiliated with or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond Coach’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing or providing the coaching and shall propose revisions to the schedule for completion of the coaching or other accommodations or may terminate this Agreement.

11. General Provisions

This Agreement will be governed by the laws of Minnesota. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Minneapolis, Minnesota and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.

By clicking on the box when signing up for Coaching related to the coaching agreement and terms and conditions of the coaching relationship, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these Terms, do not purchase or use Coaching.

Updated on March 30, 2023.