Spark Mastermind by Jo Ebisujima THIS AGREEMENT is between:
(a) Jo Ebisujima (“Coach”); and (b) You the Signer, (“Client”).
In consideration of the mutual promises, covenants, warranties and other good and valuable consideration set forth in this Agreement, the parties hereby agree as follows:
Over the course of 12 months, starting December 2st 2019.
1. 2x monthly group coaching calls starting December 2019 via Zoom Online.
2. 1x 1:1 monthly coaching call December 2019 via Zoom Online.
3. Access to the private Spark Mastermind FB Group where Jo will answer questions, run daily accountability check-ins (Monday – Friday) and facilitate conversation weekly.
4. 12 months all-access pass to The Wonder Mom Sucess Club or Mastermind discount for WMSC current members.
Terms and Conditions
1. Retainer and Payment. The Client shall make either (1) non-refundable payment of $1800 OR 12 monthly (starting the day the first payment is made) nonrefundable payments of $150 for the Coach to perform the services specified herein. Discounted rates for Wonder Mom Success Club members apply.
A late payment fee of $20/day shall be applied to the late payment amount in accordance with the clients selected payment option.
Clients who decide not to engage in the calls and coaching are still required to pay the service in full, Spark Mastermind is not a subscription. Monthly payments are installments.
2. Rescheduling. Due to the nature of this service 72 hours notice must be given to reschedule a 1:1 session. Failure to show for a session shall result in forfeiture of that service.
3. Late Arrival. The coaching sessions shall begin promptly at the agreed upon start time. The Coach shall wait for a grace period up to 10 minutes past the start time. Should the Client arrive within grace period of 10 the session shall occur but shall receive only the remaining time left in the session. No proration of monies shall occur.
4. Relationship. The Coach agrees to deliver the Client services as a work-for-hire independent contractor providing Coaching services. Nothing herein shall be deemed to constitute a partnership or joint venture between Coach and Client. Further, this Coaching services does not create a relationship beyond the confines of the Coaching services.
5. Confidentiality and Non-Disclosure. The Client understands that all materials, including but not limited to, price lists, contracts, financial documents, agreements, and other information or documents that are given to them in the course of the Coaching services are the exclusive property of the Coach and are privileged and confidential information. The Client shall not disclose, whether or not, the confidential information obtained from the Coach to anyone unless required to do so by law. Furthermore the Coach understands all materials shared by Client including but not limited to price lists, client identities, documents, financials, etc that are given to the Coach during this time shall remain confidential and secured.
6. Transfers/Refunds. The Coaching services fee(s) is refundable in the first 14 days from first payment. The Coaching services fee MAY NOT be transferred to another Client.
7. Non-Compete. Client shall not compete as a Coach within 365 days of the completion date of this Coaching services. This includes, but is not limited to, inperson, online, forum-based Coaching as well as digital products, whether for compensation or not.
8. Schedule. The Coaching services schedule is subject to change and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances.
9. Recordings. The Client shall not capture the Coaching session in any capacity, including but not limited to voice recording, tape recording, photography, etc. The Coach shall provide a recording in mp4 format to the Client within 14 days from the close of the final coaching session given technology is cooperating.
10. Cooperative Attitude. The Client shall retain a cooperative attitude throughout the course of the Coaching services. At any time the Client acts uncooperative the Coach shall terminate the Coaching services and retain all Coaching services fees. All unpaid Coaching services fees shall be remitted to the Coach within 7 days of contract termination or be subject to legal action. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Coach or a third party in reference to the Coaching services.
13. Intellectual Property. All information provided in the course of the Coaching services are copyright of the Coach.
14. Waivers. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.
15. Indemnification. The Coach shall be held harmless for any and all injury to Client and Client’s business and equipment during the course of the Coaching services and the immediately surrounding events.
16. Governing Law and Choice of Venue. This Agreement shall be governed by the laws of the Japan without regard to its conflicts of law provisions. The parties may bring an action concerning this Agreement only in the courts for Japan.
17. Attorney Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
18. Resolution. Client shall first approach Coach as to any issues related to the Coaching services. Failure to do so will result in termination of the Coaching services and forfeiture of all Coaching services fees. All unpaid Coaching services fees shall be remitted to the Coach within 7 days of contract termination or be subject to legal action.
19. Entire Agreement. This Agreement contains the entire agreement between the parties on its subject matter and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.