1. Scope of Coaching Program

The ‘Chasing Connections’ coaching will take place online starting 29th July 2024. The program includes group coaching during the time above.

2. Fees
In consideration for the coaching services provided by Megan McComb, Client agrees to pay $1400 or an initial deposit of $350 with two payments of $525 in August and September totalling $1400. Client is not provided access into the program on the dates indicated above unless the fee is paid.

3. Reservation Fee & Cancellation by Client

Client shall reserve a seat in the Coaching Program by checking the box below for this contract and paying the fee indicated in Section 2. No spot is reserved until the contract and fee are received. The full fee is non-refundable. In the event Client cancels this Agreement or is unable to attend the coaching program for any reason whatsoever, no refund will be given. Reserved spot is non transferable if client cancels the agreement or is unable to attend.

4. Duty of Company & Cancellation of Services

Company agrees to perform in the coaching program to the best of its abilities. Company reserves the right to change the coaching schedule, sessions at any time. In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations for the coaching program under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, or other personal emergencies, it will:

Immediately give notice to Client;
Issue a refund or credit to Client based on a reasonably accurate percentage of services rendered up to the point of cancellation; and
Excuse Client of any further performance and/or payment obligations under this Agreement.

5. Confidentiality

Client understands that certain information of a confidential nature may be disclosed by the Company, presenters or other participants during the Coaching, to include personal information, tools, processes, strategies, materials, slides, and other business trade secrets. Further, all information and conversations held inside the Coaching program are confidential. Client will not intentionally disclose this confidential information to any third party or use the confidential information for his/her own benefit without specific approval by Company.

6. Model Release

This contract serves as a model release giving Company the irrevocable right to use the photographs and video taken by Company at the Coaching in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Company can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Company. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the client, their legal representatives, heirs, and assigns.

7. No Guarantees

Company does not make any guarantees as to the results, including business growth, increased followers, financial or other gains, of any services or information provided during the Coaching Program. Company agrees to provide the services listed in this Agreement during the Coaching time period listed above. Client agrees to take responsibility for Client’s own results.

8. Release & Reasonable Expectations

Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Coaching Program will produce different outcomes and results for each Client. Client understands and agrees that:

Every client and final result is different.
Business coaching and/or consulting is a subjective service and Company may give different information to each Client depending on his/her needs and business needs.
Company will use its personal judgment to create favorable experiences during the Coaching program, but that each topic covered in the Coaching may not be applicable to each Client depending on his/her business needs at that time.
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.
9. Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Client’s account and shall be used for another coaching program within 12 months from the date of Notice of the Force Majeure Event.

10. Indemnification
Client agrees to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Client’s participation in services and any related activities, including by not limited to riding in cars with Company employees, contractors, or subcontractors.

11. Maximum Damages

Client agrees that the maximum amount of damages she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in the Coaching Program.

12. Limitation of Liability

In no event shall Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connective with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

13. Taxes

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Company. All sales tax will be included on invoices.

14. Communication

All questions, concerns, feedback and Coaching related questions shall be directed towards info@megangracephotography.co.nz and will be answered by Company during its business days Monday thru Friday, 9am-5pm, NZST. Company typically replies to emails within 48 business hours.

15. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between Client and Company, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

16. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

17. Transfer

This Agreement cannot be transferred or assigned to any third party by either the Company or Client without written consent of both Parties.

18. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

19. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: info@megangracephotograhpy.co.nz

20. Counterparts; Facsimile Signatures

A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.

Signatures

Each party has read, understands, and agrees to the terms and conditions of this Agreement.