Legal Doc: Custom Agreement

Custom Agreement Length and Cost

This is a custom contract set and agreed upon by Solutions and the client in advance.

The total fee: Length of time:

Agreements*

This Coaching and Consulting Agreement is made between Solutions Parenting Support, PLLC (“Solutions”) and the client listed below. The Effective Date of this Agreement will be the date the Client signs this Agreement and the Client pays the non-refundable coaching and consulting fee. The Agreement will be in effect for a custom period set in this agreement, after which time, the Agreement is terminated unless the Parties Agree to extend the Agreement. For the purposes of additional clarity, the custom contract time will start on the date of your initial session and will terminate after the custom time set unless otherwise lengthened by intentional breaks in the coaching weeks as designed and agreed upon by you and your parent coach. Upon completion of this contract, additional required forms and payment of invoice the Client authorizes Solutions to start the collaboration process with outside sources such as program therapists, outpatient therapists, educational consultants and continue this collaboration throughout the period of the Agreement. The Client agrees to provide the needed releases to facilitate such collaborations.

Description of Services*

Solutions will provide coaching and consulting service to the Client. Coaching is an alliance between Solutions and the Client designed to be a thought-provoking and creative process to assist the Client to maximize parenting and personal potentials and to create parenting goals as well as strategies, plans, techniques, and methodologies for the Client to use to achieve those goals. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including family and other relationships, work, finances, health, education and recreation. The Client agrees that deciding how to handle these issues and incorporate and implement coaching principles into the Client’s life is exclusively the Client’s responsibility. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate timely and honestly, to be open to feedback and assistance, and to create the time and energy to participate fully in the program. The Client is responsible for executing the strategies, plans, techniques, and methods discussed with Solutions Parenting Support. Beginning on the effective date of this agreement, Solutions will provide weekly services that will be made available to the client through telephone/conference calls, video conferencing, emailing and texting. The Client is responsible for scheduling the weekly coaching and consultation sessions using the on-line scheduling process made available by Solutions. Additionally, Solutions provides crisis support for parents which includes guidance by providing strategic parenting solutions and support for parents around highly challenging situations within the parenting dynamic in regards to the child’s behavior. Solutions does not provide support for the client’s child and the client is responsible for providing the support their child needs in crisis through a local individual or family therapist. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with Solutions. As such, the Client agrees that the Solutions is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Solutions. Client understands coaching is not therapy and does not substitute for therapy and does not prevent, cure, or treat any mental disorder or medical disease. 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, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and Solutions.

Representations*

Solutions represents that all services shall be performed in a professional manner and shall conform to coaching standards of practice. Solutions agrees that if the services are determined to be not satisfactorily performed, Solutions shall re-perform or replace unsatisfactory services at no additional expense to the Client.

Non Refundable Fee*

The Client shall be responsible to pay to the Solutions a non-refundable coaching and consulting fee for Services in the amount set in the custom Agreement Length and Cost section above. The Fee shall be payable in advance and due and payable upon the signing of this Agreement.

Confidentiality*

Please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. Even so, Solutions Parenting Support, PLLC recognizes the importance of protecting your sensitive and Confidential Information and will take reasonable and professional measures to preserve the Confidential Information related to the Client. Solutions will disclose such Confidential Information only as required to fulfill the requirements of this Agreement or comply with the law. Solutions will make disclosures of Confidential Information only to those entities or individuals who have a need to know the information to be disclosed unless otherwise mandated to do so by law. “Confidential Information” includes personal or confidential medical information regarding the Client as well as the identities of Client. Confidential Information does not include information that: (a) was in Solutions’ possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by Solutions from a third party, without breach of any obligation to the Client; (d) is independently developed by Solutions without use of or reference to the Client’s Confidential Information; or (e) Solutions is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Solutions and as a result of such disclosure Solutions reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Solutions in a timely manner. Client authorizes Solutions, its employees and Independent Contractors to electronically send Confidential Information and/or any correspondence regarding the Services or related topics to Client or to others via email, phone, text or other electronic address.

Payment of Taxes and other Expenses*

Solutions is an independent contractor and shall be fully responsible the way the it performs the services described in this Agreement. Nothing in this Agreement shall be construed as creating an employment, agency or partner relationship between the Client and Solutions.

Termination

Client may terminate this Agreement at any time, however, in such an event, Solutions will not be required to refund to the Client any portion of the non-refundable coaching and consulting Fee.

Limited Liability*

Solutions makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall Solutions be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, Solutions entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to Solutions under this Agreement for all coaching services rendered through and including the termination date.

Entire Agreement

This document reflects the entire agreement between Solutions and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both Solutions and the Client.

Dispute Resolution*

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days. If the dispute is not so resolved, the Parties agree to submit any dispute to binding arbitration in accordance with rules promulgated by the American Arbitration Association. Any arbitration award is subject to the limited liability provisions in this Agreement. Each Party will bear its own costs of mediation or arbitration.

Severability*

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court, mediator, or arbitrator finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Waiver

The failure of either party to enforce any provision of this Agreement 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 Agreement.

Applicable Law and Venue*

This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without giving effect to any conflicts of laws provisions. The sole and exclusive venue for all dispute resolution relative to the formation, interpretation and performance of this Agreement shall be in the County of Routt and located in the State of Colorado.

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Legal Doc: Custom Agreement

Solutions Parenting Support