Break the Binge Cycle Blueprint

Coaching Program Agreement

THIS AGREEMENT ("Agreement"), is entered into on this date ("Effective Date") by and between Molly Dyer, Molly Dyer Coaching, LLCF a Florida Limited Liability Company, with a mailing address of 4210 Valley Ridge Blvd. Ste. 144 Ponte, Vedra Florida 32081 (“Coach”) and CLIENT NAME ("Client"), whose email address is: [email protected] collectively the "Parties."

WHEREAS Client and Company agree as follows:

2. SERVICES

❖ The Break the Binge Cycle Blueprint Coaching Program

includes the following:

• One weekly 30 minute 1:1 Coaching Call with Jane Doe
• Two weekly group coaching calls
• Private Community Group

In addition to being a Coach, I am also a Licensed Mental Health Counselor in the State of Florida and a Licensed Clinical Professional Counselor in the State of Maine with training and experience in diagnosing and treating emotional and psychological problems. Although there are some similarities between Coaching and psychotherapy, I, as The Coach, will not conduct psychotherapy. Coaching and psychotherapy are different modalities, and it is important that you as The Client understand the differences between them. Although both Coaching and psychotherapy utilize knowledge of human behavior, motivation, behavioral change, and interactive counseling techniques, there are major differences in the goals, focus, and level of professional responsibility.

3. PROGRAM TUITION AND PAYMENT

Client agrees to render payment in the amount of $ and understands the full payment amount is due and payable in one lump sum payment, or may be financed over time if Coach has offered a payment plan.

Client selects and hereby agrees to the terms below:
[   ] 1 payment of $799.00
[   ] 2 payments of $425.00

Client agrees to pay initial $425 at time of joining the coaching program, and the following payment of $425 the following month. The second payment of $425 USD is payable on the first of the month. Client expressly authorizes Coach to automatically charge the Client’s card on file each payment in the amount of full payment of $799.00 or two payments of $425 until both payments have been made. If Client cancels this agreement early, Client understands and agrees she may not terminate this payment plan early, even if he/she elects to end his/her participation in the Break the Binge Cycle Blueprint Coaching Program early. If Client fails to make all payments timely, Molly Dyer (Coach) reserves the right to terminate Client’s participation in the Break the Binge Cycle Blueprint Coaching Program early, without refund of funds already paid.

There are no refunds or charge backs allowed once the program has commenced.

4. COMMUNICATIONS

PLEASE READ THIS SECTION VERY CAREFULLY AS WE MAINTAIN TIGHT BOUNDARIES ON COMMUNICATIONS:

Client agrees that all communication between coaches and ("client name") ("Client") is to occur in only three ways. The best and most effective way to communicate is during the ("Programs") scheduled weekly coaching calls. Please attend the coaching calls on time and be prepared to respect the coach’s time. Be constructive with your questions.

The second form of communication for support is via email and the email address the Client should use is [email protected]. Molly Dyer Coaching, LLC's office hours are Monday through Friday 9am–5pm EST, except holidays. Molly Dyer Coaching, LLC typically responds to emails within 24–48 hours, excluding weekends, scheduled time out of office, and standard holidays.

The third form of communication for support is via an optional add-on 1:1 coaching call with Molly via Zoom, for which there is a fee of $200.00 for 30–40 minutes.

The terms of this program can change at any time but must be communicated to the Client.

5. HANDLING OF DISPUTES

Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Saint Augustine, Florida, within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

6. PAYMENT CANCELLATION DISPUTE

Client agrees not to cancel or dispute any credit card payments charged by Coach in connection with this Agreement, as long as the payment charged by Coach coincides with what has been agreed upon herein. Should Client elect to cancel any credit card payments, or any payments of any method used by Client, Company reserves the right to:

a. Immediately cancel this Agreement;

b. Seek reimbursement from Client for any monies owed to Molly Dyer Coaching, LLC in connection with the cancellation or disputed charges;

c. Request that Client pay the full balance of money owed, “accelerating” the payment plan.

d. If Client does not pay for such hourly work upon Molly Dyer Coaching, LLC’s demand and within 10 days, Molly Dyer Coaching, LLC reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any payment cancellation dispute.

e. If Molly Dyer Coaching, LLC is successful in any credit card cancellation dispute, Molly Dyer Coaching, LLC reserves the right to pursue Client for the costs Molly Dyer Coaching, LLC has incurred in disputing or defending such payment cancellation, including but not limited to the lost business profits in the form of time Molly Dyer Coaching, LLC and its representatives spent handling such dispute, at Molly Dyer Coaching, LLC's hourly rate of $200 per hour, in addition to any litigation fees, including attorney fees, incurred by Molly Dyer Coaching, LLC.

Client agrees to:

a. Pay Molly Dyer Coaching, LLC for all services rendered at the time of the cancellation request, at a rate of $200 per hour for all time Client has spent participating in Program. Molly Dyer Coaching, LLC will provide the Client with an itemization of hours spent within a reasonable time upon the request of Client, and payment will be expected, due, and payable in full within 10 days from the date such itemization is provided.

In such an event,

7. OWNERSHIP OF MATERIALS

Molly Dyer Coaching, LLC shall retain the creative rights to all original materials, data, and similar items produced by Company hereunder in connection with Services under this agreement. All services and software used by Molly Dyer Coaching, LLC shall at all times be the sole property of Molly Dyer Coaching, LLC, and under no circumstances shall Client have any interest in or rights to the title to such materials or software. Client acknowledges that Molly Dyer Coaching, LLC may use and modify existing materials for Client's benefit, and that Client holds no rights to such materials – Client may be granted the right to use such materials for his/her business only, and may only make personal use of such materials.

8. PROPRIETARY INFORMATION AND USE OF MATERIALS

Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party shall be deemed to be confidential and proprietary ("Proprietary Information"). Such Proprietary Information includes, but is not limited to, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party's employees, and other confidential or Proprietary Information belonging to or related to a Party's affairs. The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information. Nothing in this Agreement shall prohibit or limit the receiving Party's use of information that can be demonstrated as: (a) previously known to the receiving Party; (b) independently developed by the receiving Party; (c) acquired from a third party not under similar non-disclosure obligations to the disclosing Party; or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.

9. GOVERNING LAW; VENUE; INTERPRETATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be St. Augustine, Florida.

10. RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled to by law.

11. STIPULATED (LIQUIDATED) DAMAGES

Parties hereto acknowledge and agree that the amounts payable under Sections 3–10 constitute stipulated (liquidated) damages and not penalties. The parties further acknowledge that: (i) the actual amount of loss or damages likely to be incurred by Molly Dyer Coaching, LLC is difficult to precisely estimate; (ii) the amounts specified in such subsections bear a reasonable proportion and are not plainly or grossly disproportionate to the probable loss likely to be incurred by Molly Dyer Coaching, LLC in connection with any failure by Client to perform his or her obligations under this Agreement; (iii) one of the reasons for the Parties reaching an agreement as to such amounts was the uncertainty and cost of litigation regarding the question of actual damages; and (iv) the Parties hold themselves out to be sophisticated business parties and expressly affirm herein that they had the opportunity to be represented by, or consult with, sophisticated and able legal and financial counsel in negotiating this Agreement in good faith. The parties further agree that failure to consult with counsel prior to entering this Agreement is not a defense to enforcement of this entire Agreement and all clauses contained herein.

12. NO GUARANTEE

Molly Dyer Coaching, LLC does not warrant or guarantee any specific level of performance or outcome results. Examples of results obtained for other clients by Molly Dyer Coaching, LLC may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results. It is up to the Client to implement the work and achieve their desired outcome.

13. DISCLAIMER

The purpose and goal of Break the Binge Cycle Blueprint is to provide coaching services, education, and community. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for physical or mental health treatment. There are no treatment or medical-based elements to the Coaching Program, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in the Coaching Program in place of a personalized consultation with a medical professional in your geographical area.

Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. Coach will assume that all individuals choosing to purchase the Coaching Program will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Program offered is right for them. Nothing contained within Break the Binge Cycle Blueprint is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.

14. MUTUAL NON-DISPARAGEMENT

Both Parties agree that in business, sometimes things don't work out or the relationship is no longer healthy, agreeable or sustainable. If the relationship should stop or part ways for any reason, both Parties respect each other's online reputation, public reputation and will remain respectful of each other as to not disparage each other personally, professionally, verbally, written or other regarding products, services or coaching programs and will not speak to Molly Dyer Coaching, LLC's Clients in the Program negatively.

15. ENTIRE AGREEMENT

This Agreement is the final, complete, and exclusive Agreement of the Parties. No modification of or amendments to this Agreement shall be effective unless expressed, in writing, and signed by the Parties.

16. SEVERABILITY

If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement. Thus, the remaining provisions of this Agreement shall remain in full force and effect.

17. CONFIDENTIALITY

As a licensed mental health clinician and licensed clinical professional counselor, it is my duty to protect the confidentiality of the communications with my clients, including my coaching clients. I, The Coach, will only release information about our work to others with your written permission or if I am required to do so by a court order. There are some situations in which I am legally obligated by Federal and State laws to breach your confidentiality in order to protect others from harm, including the following: (1) If I have information that indicates that a child, elderly or disabled person is being abused, I must report that to the appropriate state agency; and (2) If a client is an imminent risk to him/herself or makes threats of imminent violence against another person, I am required to take protective actions. These situations rarely occur in coaching practices, but if such a situation does occur, I will make every effort to discuss it with you before taking any action.

Your identity as a coaching client, and all your communications with Coach, will be treated by Coach as confidential, unless you give Coach express permission to disclose specific information. Notwithstanding the foregoing, Client understands and acknowledges that group coaching may involve the sharing of information with other participants of the Group Coaching Program. As Coach cannot control the actions of other participants, Coach cannot guarantee that information shared in any Group Coaching Session will be treated as confidential by all participants in attendance. Accordingly, Client hereby agrees to release and hold Coach harmless from any claims, losses, injuries, damages, and expenses of any kind that may result from the disclosure of information shared by Client during any Coaching Session by any participant of the Group Coaching Program. Additionally, in the event that there is evidence that Client is a potential danger to himself/herself or another, or in the event that Client discloses illegal activity, Coach is ethically bound to report the same to the appropriate authority. In such cases, Coach will discuss the same with Client prior to taking such action.

Client also acknowledges that, in connection with this Agreement, Client may be furnished with, or given access to, certain confidential and/or proprietary information, and that such information shall not be disclosed to any third party, and shall not be used for purposes other than those contemplated by this Agreement.

Confidential Information may include, but is not limited to:

a. Any materials regardless of form furnished by either Party or any participant of the Group Coaching Program to any other Party for use;

b. All communications and information shared between Client, Coach or any participant of the Group Coaching Program while this Agreement is in effect;

c. Any information furnished by any party or participant, marked confidential, proprietary, or with a similar legend, or treated as confidential by reasonable means;

d. Any business or marketing plans, strategies, customer lists, operating procedures, formulas, know-how, processes, programs, software, discoveries, improvements, sales projections, strategies, pricing information, and other confidential trade secrets;

e. Any non-public inventions and technical information, the rights to which have not been assigned to the party receiving the information;

f. Other proprietary information owned by either party or any participant of the Group Coaching Program.

Neither Client nor Coach will disclose or use, either during or after the term of this Agreement, in any manner, directly or indirectly, any such Confidential Information of the other party, for their own benefit. Neither party will use, share, divulge, disclose or communicate in any manner whatsoever any Confidential Information to any third party without the prior written consent of the other party, except to the extent required by law or permitted under this Agreement. Both parties will protect all Confidential Information of the other party and all other participants of the Group Coaching Program and will treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.

Notwithstanding anything in this Agreement to the contrary, Client acknowledges that it is impossible to protect the confidentiality of information transmitted electronically via e-mail, mobile phones or similar telecommunication and computer equipment, as well as any information stored on computers connected to the Internet. Therefore, Client waives any action, legal or otherwise, against Coach and holds Coach harmless for any interception of Client information resulting from the use of the above-mentioned equipment.

If either party to this Agreement discloses or threatens to disclose the other party’s Confidential Information in violation of this Agreement, the party whose information is at issue will suffer irreparable damage and shall be entitled to an award by any court of competent jurisdiction of a temporary restraining order and/or preliminary injunction to restrain the other party from such unauthorized use or disclosure, in whole or in part, of such Confidential Information, without the need to post a bond, and/or from providing services to any party to whom such information has been disclosed or may be disclosed.

The infringing party further agrees to reimburse the party whose information has been disclosed for any loss or expense incurred as a result of the infringement, including but not limited to court costs and reasonable attorney fees incurred by the Disclosing Party in enforcing the provisions of this Agreement, in addition to any other damages which may be proven. The parties shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

I, The Coach, adopt The International Coach Federation’s definition of coaching quoted in part which is as follows:

Professional Coaching is an ongoing professional relationship that helps people produce extraordinary results in their lives, careers, businesses or organizations. Through the process of coaching, clients deepen their learning, improve their performance, and enhance their quality of life.

In each meeting, the client chooses the focus of conversation, while the coach listens and contributes observations and questions. This interaction creates clarity and moves the client into action. Coaching accelerates the client’s progress by providing greater focus and awareness of choice. Coaching concentrates on where clients are now and what they are willing to do to get where they want to be in the future. Coaches recognize that results are a matter of the client’s intentions, choices and actions, supported by the coach’s efforts and application of the coaching process.

You can expect that I, your Coach, will be honest and direct, asking straightforward questions and using challenging techniques to help you move forward. You are expected to evaluate your own progress; and, if the coaching is not working as you wish, you should immediately inform me, your Coach, so that we can both take steps to correct the problem. As with any human endeavor, coaching can involve feelings of discomfort and frustration which may accompany the process of change. Coaching does not offer any guarantee of success.

Psychotherapy, on the other hand, is a health care service. Its primary focus is to identify, diagnose, and treat nervous and mental disorders. The goals include alleviating symptoms, understanding the underlying personality dynamics which create symptoms, changing the dysfunctional behaviors which are the result of these disorders, and helping patients to cope with their psychological problems. While psychotherapy may be reimbursable through health insurance policies, Coaching services, at present, are not.

It is understood and agreed to by The Client and The Coach that if either of us recognizes that you, The Client, have a problem that would benefit from psychotherapy, I, The Coach, may refer or direct you to appropriate resources in addition to or in lieu of Coaching.

18. HEADINGS

The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.

Your signature below, as The Client, acknowledges that you have read the information contained in The Agreement and Informed Consent; and indicates your assent to the terms of The Agreement; and signifies your assurance that you will abide by its terms during our professional Coaching relationship. The parties to The Agreement will hold duplicate originals of this document which have been signed and dated by both parties.

19. INDEMNIFICATION

Client agrees at all times to defend, fully indemnify and hold Molly Dyer and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Break the Binge Cycle Blueprint Coaching program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Molly Dyer be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Molly Dyer’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Molly Dyer, free of charge.

Client Name

Client Signature

Date___________

Molly Dyer Coaching, LLC

Your signature

Date___________