1:1 COACHING CALL TERMS OF PURCHASE

The following Terms of Purchase govern your participation in 1:1 coaching call (“Product”, “Coaching Call”) with Anastasia Schmalz (the “Coach”). Please read these Terms of Purchase carefully. By purchasing 1:1 Coaching Call you (“Client”, “you” or “your”) agree that your participation in the coaching call, and use of Program materials is governed by the following terms and conditions. 

Purpose of Agreement: The purpose of this Agreement is to develop a coaching relationship between the parties in order to cultivate the Client’s personal, professional and/or business goals and create a plan to carry out those goals through stimulating and creative interactions with the ultimate result of maximizing the Client’s personal and/or professional potential (“Coaching Services”).

The Parties agree as follows: 

1. Coaching Goals

Client wishes to obtain Coach’s services in order to achieve the following goals to maximize the following area of his/her life:

• Startup support from Idea refinement, market validation, business modeling, marketing & launching, to customer acquisition

2. Coaching Fees

In exchange for coaching services, Client agrees to pay Coach the fees as stated on the product order form.

3. Coaching Calls. The Coach and the Client agree to meet in online video calls on an agreed date for 90 minutes in total. The call should be scheduled using the scheduling tool as provided in the confirmation email sent to the Client after purchase of the Product.

Each party must uphold their obligations for the coaching relationship to be successful:

1. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation (IFC), an internationally recognized standard for coaching.
2. Client agrees to communicate honestly, be open to feedback and suggestions, and to fully engage and devote himself/herself to the coaching process.
3. Client acknowledges and agrees that coaching is a comprehensive process that may explore different areas of his/her life, including work, finances, health and relationships, but it is ultimately the Client’s decision how he/she incorporates coaching into each aspect of life.
4. Client is solely responsible for implementing the techniques discovered through coaching.

3.1 Cancellation Policy.

Client agrees to notify Coach 24 hours in advance of any scheduled session that he/she needs to cancel. Coach reserves the right to charge Client for the scheduled session for a missed/canceled meeting. 

4. DISCLAIMER

Coach-Client Relationship – Duties & Responsibilities: A business coaching relationship is a partnership between two or more individuals or entities. This relationship is not a legal partnership, instead more like a teacher-student relationship. 

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, including its materials, products, or services, or third-party materials, products, or services made available through the site, even if we are advised beforehand of the possibility of such damages.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user of the Program. if you are dissatisfied with the Program, site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials. 

5. CONFIDENTIALITY 

This coaching relationship, as well as all information (physical or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. BE ADVISED: the Coach-Client relationship is not a relationship protected by legal confidentiality (like doctor-patient or attorney-client). As such, the Coach could be required to divulge otherwise confidential information to authorities.

The Coach respect Customer’s privacy and insist that Customer respects the Coach’s. Any Confidential Information shared by the Coach or any representative of the Coach is confidential, Proprietary, and belongs solely and exclusively to the Client who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. 

Client agrees not to use such confidential information in any manner other than in discussion with the Coach. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, intellectual property, trade secrets, and other proprietary information. 

Client agrees not to infringe upon the Coach’s proprietary or intellectual property rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Coach’s direct or indirect dealings with Client.

The Coaching Call materials are proprietary, copyrighted and developed solely and specifically for the use of the Coach in the Coaching Call. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited. 

6. CUSTOMER RESPONSIBILITY

Program is developed for strictly educational purposes ONLY. Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Program. Hosts makes no representations, warranties or guarantees verbally or in writing. Customer understands that because of the nature of the Program and extent, the results experienced by each Customer may significantly vary. Customer acknowledges that as with any investment or business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Customer will reach their goals as a result of purchase of Program. 

7. FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Hosts to perform their obligations under this Agreement, the Hosts’ performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. 

8. LIMITATION OF LIABILITY

Limited Liability. Coach 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 the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. Client agrees that the Coach is not liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the Coach.

Client agrees they used Coach’s services at their own risk and that Coaching Call is only an educational service being provided. Client releases Coach, their officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, and related entities any way as well as the venue where the Coaching Call is held (if applicable) and any of its owners, executives, agents, or staff (“Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my purchase of the Coaching Call. Client accepts any and all risks, foreseeable or unforeseeable. 

Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Coach’s services or enrolment in the Coaching Call. Coach assumes no responsibility for errors or omissions that may appear in any of the Coaching Call materials. 

9. TERMINATION

Coach is committed to providing all Clients in the Coaching Call with a positive Call experience. By signing below, Client agrees that the Coach may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s access to Coaching Call without refund if Client becomes disruptive to Coach, difficult to work with or upon violation of the terms as determined by Coach. Client will still be liable to pay the total contract amount. 

10. RESOLUTION OF DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of The Netherlands.

In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

11. ENTIRE AGREEMENT

This Agreement reflects the entire agreement between the Coach 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 the Coach and the Client.

12. 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 the Court finds that any provision of this Agreement is invalid or enforceable, 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.

13. 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.

14. Applicable Law 

This Agreement shall be governed and construed in accordance with the laws of The Netherlands, without giving effect to any conflicts of laws provisions.

By purchasing this Coaching Call, I have read and agree to the Terms of Purchase set forth above.