Here’s the nitty-gritty about AMPLIFY.
When you enroll in AMPLIFY, you acknowledge and agree to the following:
1. PURPOSE
Coach will provide and Client will pay for TEDx coaching services in accordance with the terms and conditions of this Agreement.
3. THE COACHING RELATIONSHIP
3.1 Client acknowledges that coaching is a team effort, and Client will get out of coaching only as much as Client puts into it. Client agrees to fully participate in coaching and follow the Coach’s instructions to Client’s best ability. Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
3.2 Client acknowledges that Client is solely responsible for creating and implementing Client’s own decisions, choices, actions and results based on coaching calls, sessions, and interactions with Coach. Client agrees that the Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands 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.
3.3 Client acknowledges that coaching is a comprehensive process that may involve different areas of Client’s life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
3.4 Client acknowledges 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 Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
3.5 Coach is not qualified to provide legal, tax, accounting, and/or financial advice, and any information provided to Client during the course of the Services is not intended as such. For any and all legal, tax, accounting, and/or financial inquiries, Client should seek the advice of qualified professionals.
4. COACHING SERVICES
4.1 Coach agrees to provide Coach’s AMPLIFY group coaching TEDx coaching services to Client, subject to the terms and conditions of this Agreement. AMPLIFY includes the following (collectively, “Coaching”):
A. Pre-recorded modules and/or materials
B. Minimum 20 synchronous, group-based online calls including "hot seat" coaching and other support. To be considered for a "hot seat," Client must apply and be selected.
4.2 Coach has full discretion in Coaching but shall not engage in any services which are not expressly set forth in this Agreement without the prior written permission from Client.
5. SCHEDULING & CANCELATION
5.1 Synchronous calls will generally be scheduled on Tuesdays at 1pm ET and/or on Thursdays at 3:30pm ET.
5.2 Client acknowledges that unanticipated circumstances arise, and the timeline for delivering all sessions is not guaranteed. Coach reserves the right to cancel any coaching session by notifying the Client at least 24 hours prior to the scheduled session. Coach agrees to reschedule the canceled session within fourteen (14) days of the originally scheduled session. Due to the progressive nature of this coaching program, any and all canceled sessions will be rescheduled. Refunds will not be provided for canceled sessions.
5.3 Client's attendance at synchronous, live online calls is not required, but is highly encouraged. Clients who participate fully in these calls will experience the best results of the program.
6. COMPENSATION
6.1 Client shall pay to Coach a total amount of $3750 (“Contract Price”). Client may select to pay in full or split the Contract Price into six equal payments.
A. Should Client choose the split-payment option, Client will pay $625 at time of enrollment and $625 every month for the next 5 months.
B. Should Client choose the pay-in-full option, Client will also receive a final script edit (valued at $1000). To receive this pay-in-full bonus, Client must submit their script draft before the end of their enrollment in AMPLIFY. Should client not submit a script draft by the end of their enrollment, Client declines the bonus.
6.2 For split payments, a late fee equal to $75 will be added to every payment not paid (whether missed or failed) within three (3) days of the due date. Client payments must be up-to-date in order for coaching sessions and related coaching services to be rendered.
7. CLIENT RESPONSIBILITIES
Client agrees to cooperate with Coach to provide all information and materials necessary for Coach to provide the Coaching, including, but not limited to "pre-work" assigned prior to first session and "homework" assigned throughout this program.
8. NO GUARANTEE OF RESULTS
Client acknowledges and agrees that the Coach cannot guarantee the results or effectiveness of any of the Services. Coach disclaims any guarantees, express or implied, about the results of Coach's performance of the Services, or Coach's recommendation to take any action. Client acknowledges that any results obtained by Coach for other clients are not necessarily typical and are not a guarantee that Client will obtain the same or similar results by using Writer’s services. Coach has made every effort to accurately represent the Services and makes no warranty or guarantee of results, including but not limited to: application acceptance by a TEDx organizer, recording acceptance by the TED organization, views, or any other potential results. Client willingly enters into this non-refundable coaching agreement with the understanding that Client is responsible for creating Client's own results. Client releases Coach from any and all liability for adverse actions or results Client may experience as a result of Client's own actions or actions resulting from this coaching relationship.
9. TERM
This Agreement shall have an initial term of approximately 6 months and the term of the Agreement may be extended on a 6-month basis by written agreement of the parties.
10. TERMINATION
10.1 Client may terminate this Agreement if Coach fails to cure any default or breach of this Agreement within ten (10) days of receipt of notice of Client’s intent to terminate due to such deficient performance.
10.2 All payments under this Agreement are non-refundable. Client shall not be entitled to a refund for any reason, including but not limited to termination of this Agreement. Payment under this Agreement reserves Coach’s time and prevents someone else from benefiting from Coach’s services; as such, all funds paid shall be considered compensation for services rendered and are not refundable.
10.3 Force Majeure. Coach shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, governmental order, pandemic or epidemic, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, violent conflict, civil commotion, or labor disputes.
10.4 If Coach arrives late to any session due to unavoidable delay (traffic, weather, technological difficulties, etc.), Coach will add the missed time to the end of that session or the next session at no additional charge.
11. CONFIDENTIALITY
11.1 The coaching relationship and any information that the Client shares with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s written consent. Coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Coach will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain.
11.2 Client acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Coach and Client are not subject to the protection of any legally recognized privilege.
11.3 Coach may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.
11.4 In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Coach (“Coach’s Proprietary Information”). Client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends. Reproduction and/or dissemination of materials provided are strictly prohibited.
12. INDEMNIFICATION
Client, at Client’s expense, shall release, indemnify and hold Coach and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of any Work Product, unless due to negligence of the Coach.
13. PUBLICITY
13.1 Client agrees that Coach may use the Client’s name, logo, talk title, talk synopsis, image, and/or video recordings (but not contact information or personal information) in Coach’s advertising or promotional literature and may publish articles, blogs, social media posts, or other advertising and promotional material relating to the Client and the Coaching.
13.2 Client agrees that any and all testimonials and comments (collectively, "Testimonials") shared by Client with Coach can be used by Coach for marketing and publicity purposes. Client authorizes the release of their name, likeness, image, and/or appearance in Testimonials for any and all uses and purposes without reservation or limitation. Client is solely responsible for the content of any Testimonials made. Coach is under no obligation to:
A. Maintain any Testimonials in confidence, or
B. Compensate Client or any third party for Testimonials
C. Use provided Testimonials
13.3 Client agrees to provide the following within ten (10) days of TEDx performance:
A. Program feedback form
B. 30-60 minute case study video interview
13.4 Client releases Coach from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name, logo, and/or image as permitted in this section. Nothing in this section releases Coach from the confidentiality requirements of this Agreement.
14. LIMITATION OF LIABILITY
14.1 Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching. In no event shall Coach be liable to Client for any indirect, consequential or special damages. Coach’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Coach under this Agreement.
14.2 Coach is not responsible for any technical difficulties with hardware, software, connectivity, or other technological aspects of electronic coaching sessions, and does not guarantee that the conferencing software, or group coaching sessions will be free from technical problems, available at all times, or work as expected.
15. ARBITRATION
Should a claim or dispute arise, the Parties will make all efforts to amicably resolve the claim or dispute via written communication. Should such resolution not be possible, all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Cary, North Carolina, US. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Client acknowledges that any award awarded to Client is limited to the value of a full refund of the program fees paid by Client.
16. MISCELLANEOUS TERMS
16.1 Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
16.2 Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
16.3 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of North Carolina, without giving effect to its principles of conflicts of law.
16.4 Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
16.5 Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.
16.6 Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.
16.7 Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.
16.8 Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
16.9 No Insurance. As Coach is an independent Contractor, Client will not be required to provide Coach with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.
16.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.