MMW Coaching Agreement for Kathy Hollyer


Marketing Warriors Coaching Client Agreement

This is an agreement between ILLUSIONARY MAGIC LLC/ Brad Ross’ Magic Marketing Warriors Coaching Program (“Company/ The Coach”), and KATHY HOLLYER (“Client”) made on April 18, 2019 (“Effective Date”).

CLIENT CONTACT INFORMATION:
24691 OLD THREE NOTCH ROAD, UNIT A
Hollywood, MD 20636
(240) 925-6385

kathyhollyer@gmail.com

FORMAT
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  1. This Agreement provides access to a 12 month Personal Mentorship & Business Coaching Program entitled “Magic Marketing Warriors” (the “Program”) as follows:
    a.  The agreement is that the initial term is 12 months; thereafter moving onto a ‘rolling month’ basis or renewal package of 12 months if available at time of renewal.
    b.  The purpose of the business coaching sessions is to provide the client with on-going accountability, support, implementation, mentoring and guidance information based on their defined goals and the years of experience of the coach in various areas of the business arena. 
    c.  This program includes but is not limited to: brainstorming, identifying action plans, strategizing actions, follow-up procedures to maintain client motivation, educating the client, copywriting critique, review and assistance, website & internet marketing strategies, show booking techniques, sales strategies as   
    well as asking and answering questions.
    d.  This program DOES NOT include any “done-for-you” services of any kind.

 

  1. Client is provided with mentorship & business coaching sessions as follows:
    a.  Four (4) sessions per month equaling approx. 35-40 mins length each; total 48 sessions (or the equivalent of) between the starting date of this agreement and 1 year from starting date. 
    b.  The Sessions will be conducted over the phone unless otherwise agreed to. (GoTo Meeting, FaceTime, Zoom, Skype, etc) 
    c.  Sessions will take place (where practicable) on the same day/time each week, usually on a Monday or Tuesday, which will be Clients standing weekly time slot. 
    d.  As a BONUS Clients that are part of the Magic Marketing Warriors 12 Month Coaching Program, receive ONE (1) complementary VIP Registration to It Factor LIVE (reg $2,497) and ONE (1) Spouse or w9 Employee or Contractor Registration (reg. $399) a total value of $2896.00 VALUE.

FEES & PAYMENT TERMS
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  1. Client agrees to make on-time payment(s) to Illusionary Magic LLC/ Brad Ross’ Marketing Warriors Coaching Program in the amount set forth within this agreement. 
    a.  Payment for the Program is at the option of the Client, as either one payment of $6000.00 USD, or or 12 equal payments of $500 billed every 30 days.
    b.  Acceptable payment methods: Credit card preferred (Check, Money Order or PayPal considered and/or   accepted after prior discussion with Coach.) 
    c.  Client accepts & acknowledges that if payment is late for any reason, Illusionary Magic LLC /Brad Ross’ Magic Marketing Warriors/ reserves the right to suspend coaching services until payment has been made. 
    d.  Company defines a “late payment” as any payment not made on the agreed upon scheduled payment date. 
    e.  Company will honor and allow a 5 day “Grace Period,” ONCE during the term of this agreement, if “late payment” is due to circumstances beyond the Client’s control (such as expired credit card, acts of  God, etc.) 
    f.  Unpaid invoices and/or balances will be turned over to Collections after 30 days unpaid.

COMPANY COMMITMENT
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  1. Company will provide coaching that is a professional client relationship designed to facilitate the creation and development of personal, professional or business goals and to develop and carry out a strategy/plan for moving towards those goals. E-mails are welcome between sessions if Client would like to share a success, have urgent questions or a challenge, which needs Company’s input or attention.

CLIENT COMMITMENT
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  1. Client agrees to be present, professional and courteous throughout the coaching process. Client agrees to show up on time for each scheduled session, ready to work in a quiet location free from noise or other distractions.
    a.  Client agrees to honor his/her commitment and make all payments as accepted & agreed upon in this document on time each month, until the total amount has been paid.
    b.  Client enters into this Agreement with the full understanding that Client is solely responsible for creating his/her own results. Client understands that failure to meet his/her goals (in whole or part) cannot be guaranteed and no warranties are given.
    c.  Client is aware that coaching is not counseling, psychotherapy, psychoanalysis or any other form of mental health care treatment or therapy, nor is it to be used as a substitute for professional advice by legal, medical, accounting/financial, or other qualified professionals.
    d.  If appropriate, Client will seek independent professional guidance in the areas indicated in 5c should he/she encounter such a problem and understand that all decisions and actions in these areas are Client’s sole responsibility.
    e.  The session agenda belongs to the Client. If the Session is not heading in the direction he/she would like, it is the sole responsibility of the Client to let the Coach know immediately so adjusted the course of action can be taken.


RESCHEDULING OF ONE-ON-ONE SESSIONS
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  1. Twenty-four (24) hours’ notice by email or via the online calendar at www.BradCoachMe.com is required to reschedule. Failure to provide 24 hour cancellation notice results in a forfeited session, at the Company’s sole discretion.


CONFIDENTIALITY
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  1. Information shared in coaching sessions is confidential and not shared outside the session unless mutually agreed upon and documented in writing by Coach. Any notes the Coach makes during the Session or about Client are kept confidential. 

    a.  Client understands that on occasion Brad Ross’ Magic Marketing Warriors/ Illusionary Magic LLC may anonymously share generalized information for training or consultation purposes with other Coaching professionals. Client identity and any information that could lead to his/her identification will remain        entirely confidential, unless Client has granted permission to share, such as testimonials, results, etc.

    b.  By entering into this agreement Client will be privy to information, knowledge and training that is both privileged and proprietary to Illusionary Magic LLC. Client hereby agree to keep all such information strictly confidential, in perpetuity, and not to divulge such training, information & trade secrets to others, in any forum, public or private, through Social and digital media, printed media or any other means in   existence now or in the future. This paragraph shall survive the term of this Agreement whether this  Agreement expires in normal course or is terminated for any cause or reason.

    c.  Confidentiality Exception: If Coach is required by law to make disclosure regarding the information shared in a coaching session, or where Coach has a good faith belief that disclosure of such information is necessary to comply with the law; or to protect Coach’s rights or property; to avoid harm to the Coach, Client, or a third party; or to respond to an emergency, Coach will limit disclosure to essential information.

ACCESS AND INTELLECTUAL PROPERTY
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8. Occasionally additional training, templates, documents & tools and access to Coach may have to change based on Company needs, available technology, and factors outside the Company’s control. The Company will replace or substitute any items included in this Agreement, if it determines it is necessary to do so in its sole discretion, with something similar of equal or greater value. 

     a.  Ownership of Written Materials. As a Program participant, Client will have one license to view written materials provided by Company. Client does not have ownership of this information, which is protected by federal copyright laws. Client may not copy, re-engineer, distribute, or otherwise provide  access to
this information to any other person, for free or paid, in whole or in part, without express written consent of Company, which it may withhold for any reason, and purchase of a license (prices start at $2,500.00). Failure to abide by this policy will result in termination of access to the materials and issuance of an invoice for the license fee. 

     b.  Illusionary Magic LLC/ Brad Ross’ Marketing Warriors Coaching Program protects its names! Client is not receiving permission to use trade and service marks of the Company, including its name or the Program name, or any other mark owned by the Company.
 
TERMINATION
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  1. Coach may discontinue the coaching relationship for the following reasons:
    a.  Client, if paying in installments, fails to make payment (by choice or because the payment method is cancelled, declined, or otherwise unavailable) within 5 days of the due date. No refund shall issue in this circumstance and no further sessions shall be conducted and access to Program materials/ Bonuses
             shall be revoked.
    b.  Client acknowledges that this is a twelve-month Program, and not a pay by month, or pay for partial access, option, which would not be fair to those who commit to the entire twelve-months. 
    c.  Coach determines, in his sole discretion and without requiring disclosure of the reason that the relationship must terminate. In this circumstance, Coach will provide a pro-rated refund of already paid months. There will be no compensation for unpaid months in this scenario and no further obligation of and or by
            the Company/ Coach to the Client.
    d.  On multi-pay plans/ installments, in the event Client defaults on payment more than once, Coach reserved the right to discontinue coaching services.
    e.  Should Client not pay invoices/ installments, Company reserved the right to withdraw any unused bonuses.

REFUNDS
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  1. By signing this Agreement, Client acknowledges that NO ONE has represented to him/her that refunds are available. This program involves a great deal of personal time and 100% customized curriculum designed around the Client by the Coach, therefore there are NO REFUNDS. 

    a.  Client acknowledges that he/she was accepted into this exclusive personal mentorship & business- coaching program, and is occupying 1 of a very limited number of highly coveted spots. Therefore, even if Client cannot participate for any reason after agreeing to enter into this binding contract, Client will            continue to be billed according to the schedule in this agreement until paid in full. Illusionary Magic LLC considers this policy a material inducement to entering into this Agreement, and would not have done sunless this NO REFUNDS POLICY were included.  

    b.  If Client initiates a charge-back, Illusionary Magic LLC reserves the right to issue an additional $250 fee, billed to Client.

DISPUTES
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  1. This Agreement is made and shall be enforced according to the laws of the State of New Jersey, without regard to its conflicts of law principles. Client agrees to submit to personal jurisdiction in Scotch Plains, New Jersey, as the sole forum in the event of a dispute under this Agreement. Any claims arising from this agreement for losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, shall be limited to the amount paid hereunder.

OTHER
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  1. This Agreement, any business policies and credit card authorization form, is the final and complete agreement between the parties hereto, and any changes must be made in writing and signed by both parties. A waiver of one provision shall not be deemed a continuing waiver or a waiver of any other provision of this Agreement. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, guarantee or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness.

  2. By signing this Agreement, Client agrees to its terms and acknowledges that he or she has read and understands the Disclaimer , Company’s Privacy Policy & Terms of Service and which is incorporated herein by reference.

  3. COUNTERPARTS; ELECTRONIC SIGNATURES.

     (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument

     (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party’s signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

  1. HEADINGS. The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.

  2. EFFECTIVENESS. This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this agreement.

  3. ASSIGNMENT. This Agreement is for Coaches professional services for Client, and Client may not assign or delegate any of the services set forth herein to any other entity or person.

I hereby affirm that I have the right to legally enter into this contract/ agreement in my own name. I have read the above agreement and fully accept the terms of the agreement, prior to its execution; I fully understand the contents thereof and my commitment to The Brad Ross Magic Marketing Warriors Coaching Program/ Illusionary Magic LLC. I agree to make all payments on time. This agreement shall be binding upon me and my heirs and legal representatives.

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Signed by Brad Ross
Signed On: April 18, 2019

Brad Ross presents The Magic Marketing Center & Make Magic Money https://www.makemagicmoney.com
Signature Certificate
Document name: MMW Coaching Agreement for Kathy Hollyer
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April 18, 2019 9:18 pm EDTMMW Coaching Agreement for Kathy Hollyer Uploaded by Brad Ross - info@makemagicmoney.com IP 76.116.203.56