Advising Service Agreement
This Service Agreement (the “Agreement”) is made and entered into as of _________________ (Today’s Date) between Andrea’s Advising, LLC, (the “ADVISOR”), a [LLC] business located in Michigan performing adoption advising, and [_____________________________], (the “Client”) (collectively, the “Parties”).
1.0 Term and Termination: This Agreement takes effect immediately as of the Effective Date, and it remains in full force and effect for a minimum of three months or until the Parties agree to complete the services.
2.0 Services: During the Term, the Advisor will provide advising services, adoption advising, via the telephone or video chat as jointly scheduled between the Parties. The Services will address adoption and will include questions from the client and honest responses and participation from Advisor. The Advisor may also be available for additional time, per Client’s request on a prorated basis rate of $50.00 an hour with a minimum of an hour (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of advising hours). All phone advising will be billed at the hourly rate of $100.00 per hour with a minimum of an hour. Client will initiate all scheduled calls at the following number, 231-33-8660.
3.0 Payment Details: The Client shall pay Advisor $100.00 per hour for the phone meeting. Payment is due upfront.
3.1. REFUND POLICY. The refund policy in effect for the term of this Agreement is as follows (if you have any questions or problems, please let us know by contacting the advisor directly at our support team directly at firstname.lastname@example.org.
Refunds are available within the first 30 days from the original date or purchase up until 24 hours prior to the scheduled session. If after the 24-hour mark prior to the scheduled session OR if the session is missed, all payments are non-refundable and you are responsible for full payment of the fees for the advising regardless if you use the services or not. To further clarify, we will not provide refunds if the session is canceled 24 hours prior to the scheduled session OR missed. Calls can be rescheduled up to 24 hours prior to the scheduled session.
If the Advisor needs to reschedule for any reason at any time, the Client will be given the opportunity to reschedule their session. If the Client is unable to find a sufficient time to reschedule, the Advisor will refund the payment for the session within 3 business days.
4.0 Client Obligations: The Advisor’s ability to perform its obligations under this Agreement is dependent on the Client fulfilling his or her obligations.
4.1. Scheduling: If client needs to cancel an appointment, please provide 24 hours’ notice or you will be charged for the appointment. Each client receives ONE free rescheduling if the session is rescheduled prior to the 24-hourwindow before the call.
4.2. Participation: Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the advising relationship and his/her advising calls and interactions with the advisor. As such, the Client agrees that the advisor 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 advisor. Client understands advising is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client understands that successful advising requires a cooperative and jointly-active approach between Client and Advisor. In the advising relationship, the Advisor assists or facilitates awareness and accountability regarding the Client’s changes, but it is the Client’s responsibility to enact change.
4.3. Communication. If the Client believes the advising is not working as desired, the Client will communicate this with the Advisor as soon as possible and the advising strategy will be restructured to address the Client’s desired outcome of coaching. Client acknowledges that advising is a comprehensive process that may involve different areas of his or her life, including parenting, finances, health, relationships, education and therapy. The Client agrees that deciding how to handle these issues, incorporate advising principles into those areas and implementing choices is exclusively the Client’s responsibility.
4.4. Prior History. Client acknowledges that advising does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association, the National Association of Social Workers, or the National Board of Certified Counselors, and that advising 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 Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the advising relationship agreed upon by the Client and the Advisor.
5.0. DISCLAIMER: Advisor is not an employee, agent, lawyer, doctor, manager, therapist, social worker, public relations, business manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands that Advosor has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
6.0 LIABILITY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ADVISOR MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE ADVISING SERVICES NEGOTIATED, AGREED UPON AND RENDERED. IN NO EVENT SHALL THE ADVISOR BE LIABLE TO THE CLIENT FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CLIENT MAY INCUR, THE ADVISOR’S ENTIRE LIABILITY UNDER THIS AGREEMENT, AND THE CLIENT’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CLIENT TO THE COACH UNDER THIS AGREEMENT FOR ALL ADVISING SERVICES RENDERED THROUGH AND INCLUDING THE TERMINATION DATE.
7.0. INDEMNIFICATION: CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS ADVISOR, ADVISOR’S OFFICERS, EMPLOYERS, EMPLOYEES, CONTRACTORS, DIRECTORS, RELATED ENTITIES, TRUSTEES, AFFILIATES, AND SUCCESSORS FROM AND AGAINST ANY AND ALL LIABILITIES AND EXPENSE WHATSOEVER – INCLUDING WITHOUT LIMITATION, CLAIMS, DAMAGES, JUDGMENTS, AWARDS, SETTLEMENTS, INVESTIGATIONS, COSTS, ATTORNEYS FEES, AND DISBURSEMENTS – WHICH ANY OF THEM MAY INCUR OR BECOME OBLIGATED TO PAY ARISING OUT OF OR RESULTING FROM THE OFFERING FOR SALE, THE SALE, AND/OR USE OF THE PRODUCT(S), EXCLUDING, HOWEVER, ANY SUCH EXPENSES AND LIABILITIES WHICH MAY RESULT FROM A BREACH OF THIS AGREEMENT OR SOLE NEGLIGENCE OR WILLFUL MISCONDUCT BY ADVISOR, OR ANY OF ITS SHAREHOLDERS, TRUSTEES, AFFILIATES OR SUCCESSORS. CLIENT SHALL DEFEND ADVISOR IN ANY LEGAL ACTIONS, REGULATORY ACTIONS, OR THE LIKE ARISING FROM OR RELATED TO THIS AGREEMENT. CLIENT RECOGNIZES AND AGREES THAT ALL OF THE ADVISOR’S SHAREHOLDERS, TRUSTEES, AFFILIATES AND SUCCESSORS SHALL NOT BE HELD PERSONALLY RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR REPRESENTATIONS OF THE ADVISOR. IN CONSIDERATION OF AND AS PART OF MY PAYMENT FOR THE RIGHT TO PARTICIPATE IN ADVISOR’S SERVICES OR PROGRAMS, THE UNDERSIGNED, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE ADVISOR AND ITS SUBSIDIARIES, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS AND ANY OF THE TRAINING INSTRUCTORS, GUIDES, STAFF OR STUDENTS TAKING PART IN THE TRAINING IN ANY WAY AS WELL AS THE VENUE WHERE THE PROGRAMS ARE BEING HELD (IF APPLICABLE) AND ANY OF ITS OWNERS, EXECUTIVES, AGENTS, OR STAFF (HEREINAFTER “RELEASES”) OF AND FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN A EQUITY ARISING FROM MY PARTICIPATION IN THE SERVICES OR PROGRAMS.
8.0 Confidential Information: This advising relationship, as well as all information (documented or verbal) that the Client shares with the Advisor as part of this relationship, is bound by the principles of confidentiality set forth in the International Coach Federation (ICF) Code of Ethics. However, please be aware that the Coach-Client 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 Advisor agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Advisor 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 Advisor’s possession prior to its 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 Advisor without use of or reference to the Client’s confidential information; or (e) the Advisor is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Advisor and as a result of such disclosure the Advisor reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Advisor in a timely manner.
9.0. No Transfer of Intellectual Property: Any content or materials provided by Advisor is copyrighted and are for Client’s individual use only as a single-user licensee. Client is not authorized to use any of Advisor’s intellectual property for Client’s business purposes. All intellectual property, including Advisor’s copyrighted program and/or course materials, shall remain the sole property of the Advisor. No license to sell or distribute Advisor’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Advisor is confidential and proprietary, and belongs solely and exclusively to the Advisor, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Advisor. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Advisor will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
10.0 Termination: Either the Client or the Advisor may terminate this Agreement at any time with 1 days notice of the scheduled session. Client agrees to compensate the Advisor for all advising services rendered through and including the effective date of termination of the Advising relationship if canceled 1 day prior to the scheduled session. Client Agrees that Advisor, may at its sole discretion, terminate this Agreement and limit, suspend, or terminate Client’s participation without refund if Client becomes disruptive to the Advisor with other participants, Client fails to follow guidelines, is difficult to work with, impairs the participation of the other participants or upon violation of the terms as determined by the Advisor.
11.0. Entire Agreement: This document reflects the entire agreement between the Advisor and the Client, 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 not be amended, altered or supplemented except in writing signed by both the Advisor and the Client.
12.0. Dispute Resolution: If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Advisor agree to attempt to mediate in good faith for up to 30 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.
12.0. Severability: 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.
13.0. Waiver: 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.
13.0. Applicable Law: This Agreement shall be governed and construed in accordance with the laws of the State of Michigan, without giving effect to any conflicts of laws provisions.
14.0. Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
15.0 Headings: Headings in this Agreement are for convenience only and do not confer rights or obligations, nor alter any terms of this Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement:
|Client By: _________________________________Name:Title:DATE:Email:||Advisor By:_________________________________Name:Title:DATE:Email:|