Coaching Terms of Service  

Chanel Polk (Coach) will provide, and Client will pay for writing Coaching services in accordance with the following terms and conditions.  

THE COACHING RELATIONSHIP

Client acknowledges that Coaching is a team effort, and they will get out of Coaching only as much as they put into it. Client agrees to fully participate in Coaching and follow the Coach’s instructions to the best of their 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.

Client acknowledges they are solely responsible for creating and implementing their own decisions, choices, actions, and results based on coaching calls, sessions, and interactions with Coach. 

Client agrees that 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 Coach.

Client understands coaching does not substitute for formal writing education or instruction, is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

Client acknowledges that coaching is a comprehensive process that may involve different areas of their lives, including work, finances, health, relationships, education, and recreation. 

Client agrees that deciding how to handle these issues, incorporating Coaching principles into those areas, and implementing choices is exclusively Client’s responsibility. 

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 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 Client and Coach.

COACHING SERVICES

Coach agrees to provide one-on-one coaching services to Client, subject to the terms and conditions of this Agreement. Coach agrees to devote as much time, attention, and energy as necessary to achieve the following (collectively, “coaching”):

One-on-One Coaching for Content Writers & Self-Publishsed Authors

A. A pre-session review of up to 5 pages of content

B. One 60-minute one-on-one coaching session

Coach has full discretion in coaching but shall not engage in any services that are not expressly set forth in this Agreement without prior written permission from Client.

SCHEDULING & CANCELLATION POLICY

Coach and Client will schedule all coaching sessions at mutually agreeable times. 

Client acknowledges that unanticipated circumstances arise, and the timeline for delivering sessions is not guaranteed. Coach reserves the right to cancel any coaching session by notifying Client at least one hour prior to the scheduled session. Coach agrees to reschedule the canceled session within seven days of the originally scheduled session. If Coach is unable to reschedule the canceled session within seven days of the originally scheduled session, the Client will be entitled to a refund of that session’s fee.

In the event Client needs to cancel or reschedule any session, Client agrees to provide one hour’s notice of cancellation in advance of such session. The Client agrees to pay the entire session fee for any session not canceled one hour in advance.

COMPENSATION

Client shall pay Coach $100 per scheduled session. Session fees must be paid two days (48 hours) prior to each session. The Coach reserves the right to cancel any session for which the Client has not paid 48 hours in advance.

CLIENT RESPONSIBILITIES

Client agrees to cooperate with Coach to provide all information and materials necessary for Coach to provide coaching. Client agrees to provide, at a minimum, the following:

A. At least 5 pages of content for review or articles, blog posts, webpages, or other content as requested by Coach to help Coach provide high-quality Coaching services. 

B. Access to analytics or other data that can help Coach assess content engagement.

C. Access to completed worksheets provided by Coach for the Client to complete as a part of Coaching services.

In the event Client fails to provide any requested information in a timely manner, Coach reserves the right to reschedule the next coaching session for a time when such information has been provided.

TERMINATION

Upon termination of this Agreement by either party, Coach shall be entitled to receive any compensation accrued and payable under the terms of this Agreement. 

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, civil commotion, or labor disputes.  

If Coach arrives late to any session due to unavoidable delay (traffic, weather, etc.), Client may elect to add the missed time to the end of the session at no additional charge. 

CONFIDENTIALITY

The coaching relationship and any information that Client shares with 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. Coach will return all Confidential Information to Client upon termination of this Agreement.

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. 

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.

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.

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. 

PUBLICITY

Client agrees that Coach may use the Client’s name, logo, and/or image (but not contact information or personal information) in Coach’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the Client and the Coaching. 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.

LIMITATION OF LIABILITY

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.

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.

MISCELLANEOUS TERMS

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. 

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. 

Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Illinois without giving effect to its principles of conflicts of law.  

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.

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.  

Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.

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. 

Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.   

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.

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.

Website Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.chanelpolkwrites.com website (the “Service”) operated by Chanel Polk (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Chanel Polk.

Chanel Polk has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Chanel Polk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.