Client Information
Service Purchased: 1:1 Coaching for Underclassmen Package (the “Program”).
Investment: $800 to be paid in full prior to the first session (hereinafter referred to as the “Investment”).
This Agreement is made effective as of the purchase date, by and between Youker Consulting Group DBA KerryU (hereinafter referred to as the “Coach”) and the purchaser (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”.
The Parties hereby agree to the following:
1. Program/Service Description
A. Coaching Calls: Four 60-minute coaching sessions either in person or via Kajabi video for use up to six months after purchase.
B. Support: Unlimited Messaging (Text and Email Messaging at your discretion and 15-minute Phone Calls Available by Appointment) Sunday-Friday during the months of September-May and Monday-Thursday June-August, Times Vary; Assisted High School Course Selection; Programs, Resources, and Club Discovery for Applicable Interests; Life Coaching
2. Payment
The Client will pay the Investment pursuant to the following terms:
Investment: 1-time payment of $800 for a pack of four one-hour sessions.
Payment Due: Investment due today.
Payment may be completed by any Kajabi accepted payment methods.
Late/No Payments
If a payment is not made on or before the due dates stated herein, the Coach will send the Client an email with instructions on how to make immediate payment.
The Coach will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.
3. Refund Policy
No Refunds
The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted nor will they be issues for any unused sessions after the six-month period after purchase passes. If, for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.
No Chargebacks
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Coach or to the Client’s credit card and/or form of payment (ie, PayPal, Stripe, etc.) for any reason whatsoever related to the Program. In the event of a chargeback, the Coach reserves her right to report it to the credit bureaus as a delinquent account.
4. Term & Termination
The Program runs through May of the student's junior year of high school graduation year and begins upon sign-up (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
The Client may not terminate the Agreement prior to the end of the Term. The Coach may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the Program.
5. Client Commitments
The Client and their participating child agree to the following as part of the Program:
A. The Client and/or their child shall participate fully in the Coaching Calls, and any other part of the program, to the best of their ability.
B. The Client and/or their child are responsible for scheduling all meetings and coaching calls.
C. The Client and/or their child are responsible for preparing and submitting all materials required for course selection, scholarships, programs, etc. outside of their meeting times with the Coach.
D. The Client and/or their child are responsible for meeting all deadlines for course selection, scholarships, programs, etc.
E. The Client and/or their child shall immediately inform the Coach of any issues or difficulties they may have with the Program.
F. The Client shall complete payment of the Investment according to the Terms herein.
By checking the Terms and Service agreement box, you acknowledge you and your student's responsibility in the coaching program.
6. Coach Commitments
The Coach agrees to the following as part of the Program:
A. The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of her ability.
B. The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.
C. The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.
D. The Coach agrees to conduct the Coaching Calls/Sessions by phone, in-person, or via Zoom at the convenience and availability of both parties.
7. Disclaimer
The Client understands that the Coach is a certified life coach and experienced college coach.
The Client understands that the Coach is not a certified college coach, therapist, counselor, and/or a financial advisor. The Coach and Client’s work together is not a substitute for professional financial, business, or legal advice. The Client understands that the Coach does not guarantee any outcome, income revenue, and/or profit from the Parties’ work together. The Client understands that the Coach is not a psychotherapist or psychologist.
Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy and/or (2) play a direct role in the admissions process via direct contact with any given college or university.
8. Cancellations
If you are unable to keep an appointment that we have, please provide 24-hour notice to the Coach. The Client and/or their child can reschedule their appointment by text, email, or Calendly.
If the Client and/or their child cancels two appointments less than 4 hours before the appointment time or no-call no-shows, the Coach will address the pattern of behavior in a call with the Client.
By checking the Terms and Service agreement box, you acknowledge the cancellation policy for the Program.
9. Limitation of Liability
Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
10. Indemnification
Client agrees to indemnify and hold harmless the Coach, Youker Consulting Group DBA KerryU and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Youker Consulting Group DBA KerryU or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.
11. Arbitration
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of California. The arbitration hearing shall be held in the state of California. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.
12. Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
13. Severability
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
14. Applicable Law & Venue
This Agreement shall be governed by the laws of the state of California. Any action brought by any party arising out of or from these Terms shall be brought within the California County of Sacramento.
15. Photograph & Testimonial Release
The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.
16. Confidentiality
The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.
17. Recording Sessions
The Coach will advise the Client if their session(s) will be recorded for any reason. The Client may not record any sessions with the Coach without the Coach’s prior written consent.
18. Force Majeure
In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.
19. No Guarantees, Warranties, or Representations
The Coach has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the outcome or success (or the likelihood of such) in working with the Coach. The Client understands that due to the nature of the Program, the results experienced by each client may vary. The Coach does not make any guarantees other than that the Program shall be provided to the Client in accordance with the terms of the Agreement as stated herein.