Terms and Conditions
Online Coaching AGREEMENT
ASHLEA SNELL PHOTOGRAPHY
This Agreement is between ASHLEA SNELL LLC ("the company") and client , for the purpose of participating in an online coaching program. This Agreement shall become effective upon the date of the both Parties’ signatures below.
1. Online Coaching Program
The coaching program is online and there is no in person consults. There will be three strategy calls and 5 day a week personal access to me via voxer and email support.
In consideration for the workshop services provided by Company, Client agrees to pay $1,597 plus tax.
Client may either (1) pay the full fee; or (4) four equal installments of $420. In the event Client elects a payment plan, the initial payment of $400 of the total fee will be deemed a non-refundable, non-transferable retainer. In the event Client elects to pay the full fee, the full amount will be deemed a non-refundable, non-transferable retainer. If a payment plan is elected, the final payment is due 15 days before the start date of the program. Client is not allowed into the Workshop on the dates indicated above unless the full fee is paid.
All additional software or program purchases are the responsibility of the Client.
3. Reservation Fee & Cancellation by Client
Client shall reserve a spot in the coaching by signing this contract and paying the fee indicated in Section 2. No spot is reserved until the contract and fee are received. The full fee is non-refundable. In the event Client cancels this Agreement or is unfulfill the coaching 6 week help online for any reason whatsoever, no refund will be given. Without proper Notice of Cancellation, Client will be required to pay all additional fees due.
4. Duty of Company & Cancellation of Services
Company agrees to perform at the online coaching to the best of its abilities. Company reserves the right to change the program schedule, at any time. In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations for the coaching program under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
1. Immediately give notice to Client;
2. Issue a refund or credit to Client based on a reasonably accurate percentage of services rendered up to the point of cancellation; and
3. Excuse Client of any further performance and/or payment obligations under this Agreement.
5. Duty of Client at Online Coaching Program
Client hereby represents that Client will conduct herself/himself in a respectful, safe and prudent manner while participating in the program and shall refrain from crude behavior. During Client’s participation in the program, every participant will be treated with respect, regardless of their chosen philosophy and if Client agrees with their approach or not. Bullying is grounds for dismissal from the program with no refund. Bullying is not allowed under any circumstances whether verbal, audio, video or in writing. Company retains the right to ask Client to leave the Workshop early if Client’s behavior is unacceptable, at the sole discretion of Company. Company reserves the right to cancel an activity or release a participant if it feels the participant’s conduct is inappropriate or disruptive, and Client agrees to release and hold Company harmless from any damages that may result.
Client understands that that certain information of a confidential nature may be disclosed by the Company, presenters or other participants during the programs, to include personal information, tools, processes, strategies, materials, slides, and other business trade secrets. Further, all information and conversations held inside the coaching group are confidential including anything related. Client will not intentionally disclose this confidential information to any third party or use the confidential information for his/her own benefit without specific approval by Company.
Client agrees and understands Ashlea Snell LLC is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.
Ashlea Snell LLC does not make any guarantees as to the results, including business growth, increased followers, financial or other gains, of any services or information provided during the Coaching. Ashlea Snell LLC agrees to provide the services listed in this Agreement, but not before or after the program date. Client agrees to take responsibility for Client’s own results.
9. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Ashlea Snell LLC's business and has a reasonable expectation that Ashlea Snell LLC's services throughout the online coaching program - will produce different outcomes and results for each Client. Client understands and agrees that:
Every client and final result is different.
Business coaching and/or consulting is a subjective service and Company may give different information to each Client depending on his/her needs and business needs.
Ashlea Snell LLC will use its personal judgment to create favorable experiences during the program, but that each topic covered in the program may not be applicable to each Client depending on his/her business needs at that time.
Dissatisfaction with Ashlea Snell LLC's independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.
10. Safe Working Environment
Client understands and agrees that Ashlea Snell LLC maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Client further understands and agrees that during the program Client shall not be exposed to severe illness, or request the Company to do anything illegal or unsafe. Further, Ashlea Snell LLC will not host the program in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. In the event any of these circumstances arise, Ashlea Snell LLC reserves the right to reschedule the calls or terminate Client’s participation immediately during the Coaching. Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Ashlea Snell LLC harmless as a result of an incomplete coaching experience.
11. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 5 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 10 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Client’s account and shall be used for another program within  months from the date of Notice of the Force Majeure Event
Client agrees to indemnify and hold harmless Ashlea Snell LLC, its related companies, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Client’s participation in services and any related activities, including by not limited to riding in cars with Company employees, contractors or, subcontractors. In the case of in-person meetings or consulting, including the program, Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Company to pay for any such damages.
13. Maximum Damages
Client agrees that the maximum amount of damages she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Ashlea Snell LLC or promised to be paid to Company for participation in the Workshop.
14. Limitation of Liability
In no event shall Ashlea Snell LLC be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connective with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
14. Sales Taxes
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Ashlea Snell LLC. All sales tax will be included on invoices.
All questions, concerns, feedback and coaching related questions shall be directed towards firstname.lastname@example.org and will be answered by Ashlea Snell LLC during its business days Monday thru Friday, 9am-5pm, EST. Company typically replies to emails within 72 business hours.
16. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between Client and Ashlea Snell LLC, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
17. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Green Bay, WI. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
18. Mediation and Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Dalton, GA unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
19. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
This Agreement cannot be transferred or assigned to any third party by either the Company or Client without written consent of both Parties.
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent:
Company’s Email: email@example.com
29. Counterparts; The box checked, at check out indicates client signatures.
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.