Last Updated: December 18, 2018

CLIENT AGREEMENT

Welcome to Bold Startups, LLC! I am honored to have you as a client and am looking forward to our work together.  

As we begin our work, I want to protect our relationship, and our commitment to one another.  I’m, of course, happy to discuss anything you may have questions or comments about, regarding the below.

Agreement between: Bold Startups, LLC (Coach) and (Client) whereby Coach agrees to provide Coaching Services to Client on the terms and conditions set forth in this Agreement and Client desires to receive coaching services from Coach.

NOW, THEREFORE, the Parties do mutually agree as follows:

Startup Coaching Value:

Starting a new business idea is never easy. The process can be confusing, overwhelming, and complicated as new founders navigate creating a business and a product. Guidance from an experienced entrepreneur, who has successfully started a company and raised venture capital, provides entrepreneurs with a stronger foundation for building a successful and sustainable investment-ready startup. Founders need short-term and long-term strategic advice that will provide customer and product validation, business development, and fundraising strategy for the startup. Strategic coaching requires fresh ideas, insight, knowledge, and proven methods from a startup expert accustomed to working with entrepreneurs in the early stage to strengthen business models and tap into funding opportunities. This coaching also prevents entrepreneurs from making costly common startup mistakes while accelerating business growth. Nichelle McCall’s style consists of genuine mentorship and partner relationships, as she is devoted to the success of both the entrepreneur and the startup

Coaching Commitment:

Coaching is an ongoing relationship between a coach and a client. The opportunity for success for the coaching client dramatically increases because changing mindsets and habits and creating possibilities is a process. Coaching is a structure that facilitates the process of personal, professional and/or life development. The Client and Coach agree that the coaching relationship will be designed together. Coaching is for professionals who are emotionally and psychologically healthy and who want to make changes and move forward in their business and lives. Coaching is not advice, therapy or counseling. By entering this relationship, the Coach and Client acknowledge that the Client wants to make significant progress and change in his/her life. Because progress and change happen at rates that are unique to each individual, the Coach and client commit to working with each other for a 2-4 month period. This allows the coaching relationship necessary time to develop and progress through objectives, obstacles and successes that occur.

Coaching Session Procedures:

All coaching sessions are conducted either in person or by Zoom unless otherwise arranged with the Coach. At the scheduled appointment time, the Client agrees to meet the Coach via Zoom (https://zoom.us/j/8082639337). The Coach and client commit to start and finish each session on time. If the client is more than 15 minutes late for a coaching session, the Coach will assume the session is cancelled and the client will forfeit the session fee. Rescheduling a coaching session is easily done with appropriate notice. Please allow for at least 24 hours’ notice for appointment changes. In between coaching sessions, the client may feel free to send reasonable emails to the Coach.

Work Term. Coach will begin work on the day the first payment is received and will continue for two- four months after the first payment is received. This Agreement can be ended by either Client or Coach pursuant to the terms set below.

Fees: The fee is shared through an Acuity link via email or Teachable and is to paid in one payment (amount in advance if applicable) or consecutive monthly payments.  If rates change before this Agreement has been signed and dated, the prevailing rates will apply. Client represents and warrants that (i) any credit card or debit card information Client supplies is true and complete, (ii) charges incurred by Client will be honored by Client’s bank or credit card company, (iii) Client will pay the charges incurred at the posted prices, including any applicable taxes, and (iv) if Client’s initial payment method is dishonored, Client will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Currency: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in U.S. Dollars.

Termination: The Coach may terminate this Agreement at any time without refund for a client breach, including but not limited to nonpayment, breach of confidentiality, or unprofessional behavior. 

Mutual Confidentiality: This coaching relationship, as well as all information, documented or verbal, is bound by confidentiality. The Parties agrees not to disclose any confidential information about the other without prior written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential information does not include information that: (a) was in the Coach’s possession prior to being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) that the Coach is required by law to disclose. The Parties each promise that they will not share with the other Party confidential information that belongs to third parties, unless allowed to do so.

Coach's Intellectual Property Rights:  Coach owns or is authorized to use the work product and all intellectual property associated therewith, including, any copyright and proprietary information.  Coach's work product is for Client's personal use, or Client's internal use in Client's business.  Client is not allowed, at anytime, even after, to sell, trade, transmit, or distribute Coach's work product for commercial use.  

Limited Liability:  Except as expressly provided in this agreement, the Coach makes no guarantees or warranties, express or implied. In no event will the Coach be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Coach under this agreement for all services rendered up until the termination date. 

Disclaimers: Coach also expressly disclaims responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained by working with Coach or using the final product.  Client agrees that results are strictly Client’s own and Coach is not liable or responsible in any way for Client’s results.

Client has full personal, professional and financial responsibility for client’s own results.  While Bold Startup team members are committed to my desired outcomes and goals, results can and do vary. Therefore, Bold Startup makes no guarantees about client’s results. Testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to his or her background, dedication, starting point in their business, desire and motivation.

Assignment: This Agreement applies only to Client and Coach.  Neither Party can assign its rights or delegate its obligations under this Agreement to a third-party, without first receiving the other party’s written permission. 

Modification: To change anything in this Agreement, Client and Coach must agree in writing and sign a document showing their Agreement. 

Choice of Law and Jurisdiction: These Terms will be treated as if it were executed and performed in Ohio and will be governed by and construed in accordance with the laws of  Ohio without regard to conflict of laws provisions. 

Time is of the Essence: Time is of the essence for receipt of payment. Coaching will take place and rights are granted upon timely payment made on the deposit and future payments

Dispute Resolution: Any dispute, controversy, or claim relating to, connected with, or arising out of his Agreement, including any question regarding its existence, validity, or termination, shall be exclusively resolved through mediation. If mediation is unsuccessful, the dispute will be submitted to binding arbitration in the state of Ohio. 

Severability: In the event that any term, provision, paragraph, article, or section of this Agreement is declared fully or partially illegal, void, invalid, or unenforceable by a judicial proceeding, the remainder of that part or provision and the Agreement will remain in full force and effect, provided that the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable. 

Entire Agreement. 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.