This Contract for Services is made between costumer and company Memaja Melita Dobnik s.p
DESCRIPTION OF SERVICES
After the purchase, the company Memaja Melita Dpbnik s.p. will provide the customer with access to the content that was purchased. Each program contains mentoring, content, live mentorship and notes as written in the description of the program you purchased.
COACHING AGREEMENT
This extraordinary program is presented in logical, simple and practical lessons, to insure that the methods and success mindset become a part of each individual's thinking, actions and results and translate into an exceptional return on investment for your organization.
The comprehensive program includes:
Skilled and experienced instructors -- Acclaimed teacher, Bob Proctor, and Proctor Gallagher Institute President and CEO, Sandy Gallagher. Together they present an innovative, business leadership and development program.
Targeted curriculum -- Designed for implementation in weekly intervals. First, company leaders experience the lesson and development coaching with the instructors and then with Bob and Sandy’s coaching facilitation, guide their company leaders and employees through the lesson with the skills and techniques they have learned. This creates a company Paradigm change that brings success and the results the company and its employees are seeking.
The service provided to the CLIENT by the CONSULTANT is coaching, as designed jointly with the CLIENT. Payment is due prior to the first CONSULTANT appointment and no refund is available after the commencement of the CONSULTANT process. The CONSULTANT promises that all information provided by the CLIENT will be kept strictly confidential. The CLIENT understands that coaching is not advice, psychotherapy or counseling and those professional referrals will be given, if needed. The CLIENT enters into coaching with the understanding that they are responsible for creating their own results. Throughout our coaching partnership, the CONSULTANT will engage in very direct and personal conversations with the CLIENT, which will include asking explicit questions and making direct requests.
The purpose of these interactions is to remind the CLIENT of his/her own intentions and CONSULTANT him/her to realize them. In order for our coaching partnership to achieve the maximum result, the CONSULTANT asks that the CLIENT agree to the following:
1) Please make all appointments and calls on time. If you know you will be late, call or email ahead of time to all members of the program and advice. If you must miss a session, 48- hour notice is required to reschedule.
2) Be honest and participate fully. Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
3) Make a commitment to completing your all assignments and to the action plans you create, and do what you have agreed to do.
4) Understand that the power of the coaching partnership can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate and take action to return the power to the partnership.
5) Coaching and program fees are collected prior to beginning the coaching/facilitation program. No Refunds. Due to the nature of the Program you cannot receive a refund for a Program or any component event regardless of whether you attend the event or not within 30-days of the start date. All funds will be deemed earned by CONSULTANT as soon as they are received by CONSULTANT.
The CLIENT’s signature on this agreement indicates compliance with the above requests, and understanding of the services provided. I offer my signature below in full agreement with the terms and conditions of this agreement.
PAYMENT
Payment shall be made to Provider in the total amount as is it in payment plan of purchase program.
Costumer shall pay all costs of collection, including without limitation, reasonable
attorney fees. In addition to any other right or remedy provided by law, if ccostumer
fails to pay for the Services when due, Memaja Melita Dobnik has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal
remedies.
TERM
This Contract will terminate automatically upon completion by Provider of the Services required
by this Contract.
CONFIDENTIALITY
Provider, and its employees, agents, or representatives will not at any time or in any manner,
either directly or indirectly, use for the personal benefit of Provider, or divulge, disclose, or
communicate in any manner, any information that is proprietary to Recipient. Provider and its
employees, agents, and representatives will protect such information and treat it as strictly
confidential. This provision will continue to be effective after the termination of this Contract.
Any oral or written waiver by Recipient of these confidentiality obligations which allows
Provider to disclose Recipient's confidential information to a third party will be limited to a
single occurrence tied to the specific information disclosed to the specific third party, and the
confidentiality clause will continue to be in effect for all other occurrences.
INDEMNIFICATION
Recipient agrees to fully indemnify, hold harmless and defend Provider and its directors, officers, representatives, employees, agents, members and affiliates from all claims, losses, demands, actions, suits, liabilities, damages, judgements, settlements, costs and expenses including but not limited to attorney fee, which arise out of or relate to any act or omission of Provider and/or Provider's employees, agents, or representatives.
DEFAULT
· The occurrence of any of the following shall constitute a material default under this Contract:
· The failure to make a required payment when due.
· The insolvency or bankruptcy of either party.
· The subjection of any of either party's property to any levy, seizure, general assignment
for the benefit of creditors, application or sale for or by any creditor or government
agency.
· The failure to make available or deliver the Services in the time and manner provided for
in this Contract
REMEDIES
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 (ten) days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the European Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
ENTIRE AGREEMENT
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
GOVERNING LAW
This Contract shall be construed in accordance with the laws of the State of Slovenia
paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract 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 Contract.
ATTORNEY'S FEES TO PREVAILING PARTY
In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
CONSTRUCTION AND INTERPRETATION
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
ASSIGNMENT
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
REFUND POLICY
Memaja Melita Dobnik s.p has a no refund policy for any coaching services provided to any client. If for any reason a refund is issued, it must be approved by Melita Dobnik s.p Founder & CEO Melita Dobnik and must have a written and signed statement regarding refund.
EXHIBIT A: DESCRIPTION OF SERVICES
I understand & agree this is a legal representation of my signature. By confirming Agreement verifies I am fully authorized to enter into this Agreement on behalf of the Recipient.
Founder & CEO of Memaja Melita Dobnik s.p
Melita Dobnika