This Agreement is entered into by and between Opulent Beauty Pro, 11743 Southwest Highway, Palos Heights, IL 60463 (Coach) and the purchaser of this program and their team (Participants), whereby Coach agrees to provide Coaching Services for Participants focusing on the following: Hair techniques, business marketing, and social media.
The Participants also agree to our general terms & conditions, which are outlined here.
Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Participants in a thought-provoking and creative process that inspires the Participants to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
Use of Recordings: Opulent Beauty LLC may use recordings from The Elevated Salon Owner Collective for promotional and marketing purposes. This includes but is not limited to sharing content that includes your face and voice. If you have any questions about this policy, please email us at [email protected].
1) Coach-Participant Relationship
- Participants are solely responsible for creating and implementing his/her own physical, mental and emotional wellbeing, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching contacts and interactions with the Coach. As such, the Participants agree that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Participants understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- Participants further acknowledge that he/she may terminate or discontinue the coaching relationship at any time in agreement to the terms of this program (beta testers: 4 months, fall 2023 discount code ELEVATE2023: 12 months, others: 30 day notice).
- Participants acknowledge that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Participants agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Participants' responsibility.
- Participant acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Participants' exclusive responsibility to seek such independent professional guidance as needed. If Participants are currently under the care of a mental health professional, it is recommended that the Participants promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Participants and the Coach.
- The Participants understand that in order to enhance the coaching relationship, the participant agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
The parties agree to engage in The Elevated Salon Owner Collective & The Elevated Stylist Collective Coaching Program through Zoom or teleconference sessions or as otherwise agreed. Sessions may be individual or group. Coach will be available to Participants by email and voicemail in between scheduled sessions as defined by the Coach in a separate writing. Coach may also be available for additional time, per Participants' request on a prorated basis.
3) Schedule and Fees
This Coaching Agreement is valid as of purchase date. The fee(s) are set forth on Exhibit A attached hereto.
The calls/meetings will take place on a monthly basis.
The refund policy in effect for the term of this Agreement is as follows: Student may terminate the Coaching Program at any time, however, no refund will be paid as a result of such termination.
Beta testers are given 4 months of the program at a special, discounted rate. Beta testers are required to participate in the program for 4 months and provide feedback on ways to improve the program.
The time of the coaching sessions and/or location will be determined by Coach and Participants based on the program's schedule.
This coaching relationship, as well as all information (documented or verbal) that the Participants share with the Coach as part of this relationship, is bound by principles of confidentiality. However, please be aware that the Coach-Participants relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Participants without the Participants' written consent. The Coach will not disclose the Participants' name as a reference without the Participants' consent.
Confidential Information does not include information that (a) was in the Coach’s possession prior to it being furnished by the Participants; (b) is generally known to the public or in the Participants' industry; (c) is obtained by the Coach from a third-party, without breach of any obligation to the Participants; (d) is independently developed by the Coach without use of or reference to the Participants' confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Participants or others; and (g) involves illegal activity. The Participants also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
6) Cancellation Policy
Participants agree that it is the Participants' responsibility to notify Opulent Beauty Pro if they would like to cancel their membership. Beta testers cannot cancel membership until their initial 4 months have been completed as agreed upon by becoming a beta tester. Other members can cancel the membership with a 30 day written notice. Once the notice is received, in 30 days the membership fee will be canceled and all products, courses and other content will be revoked from the Participants.
7) Record Retention Policy (Optional, if the Coach has adopted such a policy)
Participants acknowledge that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Participants relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic).
8) Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Participants for any indirect, consequential or special damages. Notwithstanding any damages that the Participants may incur, the Coach’s entire liability under this Agreement, and the Participants' exclusive remedy, shall be limited to the amount actually paid by the Participants to the Coach under this Agreement for all coaching services rendered through and including the termination date.
9) Entire Agreement
This document reflects the entire agreement between the Coach and the Participants and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may be not amended, altered or supplemented except in writing signed by both the Coach and Participants.
10) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Participants and Coach agree to attempt to mediate in good faith for up to 60 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
13) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Illinois without giving effect to any conflicts of law provisions.
14) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
By checking the box above, you & your team agree to the terms and conditions as stated above.