Teen Savvy Parent Hub Membership Agreement
This Agreement shall begin on day one of the Client’s membership (the “Effective Date”) by and between Teen Savvy Coaching (“TSC”), a Maryland limited liability company whose address 359 Sheffield Road, Severna Park, MD 21146, and (the “Client”). All may be referred to henceforth collectively as the Parties.
WHEREAS, TSC provides coaching and education for parents and guardians of minor children;
WHEREAS, the Client desires to enter into a coaching agreement and retain the services of TSC to provide the Client with membership into the Teen Savvy Parent Hub as defined in this Coaching Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises set forth in this Coaching Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. TERM.
The Coaching Agreement shall commence on the Effective Date and shall be in effect until terminated by either the Client or by TSC per the terms of Section 12, Termination.
2. Purpose Of Purpose of Coaching.
Coaching in general is an opportunity for a Coach and the Client(s) to engage in a thought-provoking and creative process that inspires the Client(s) to maximize their personal potential. It is designed to facilitate the creation/development of personal goals and to develop and carry out a strategy/plan for achieving those goals (the "Coaching Relationship").
The purpose of this Coaching Agreement is to define the coaching relationship (the "Coaching Relationship") between the Parties and provide a clear understanding regarding the specific coaching services TSC shall provide to the Client as detailed below in Section 5, Coaching Services.
3. SCOPE OF THE COACHING AGREEMENT.
TSC shall only provide the coaching services as detailed below in Section 5, Coaching Services. For the purposes of this Coaching Agreement, the Teen Savvy Parent Hub is Teen Savvy’s signature coaching membership program.
4. COACHING IS NOT PSYCHOTHERAPY.
a. Coaching Disclaimer. The coaching process is an inclusive and comprehensive process that may delve into various areas of the Client's personal life, including but not limited to the Client's history, relationships, career, education, recreation, fitness, and finances. Additionally:
BY SIGNING THIS COACHING AGREEMENT, THE CLIENTS ACKNOWLEDGE THEIR UNDERSTANDING AND AGREEMENT THAT THE COACHING SERVICES ARE NOT PSYCHOTHERAPY SERVICES NOR MENTAL HEALTH SERVICES OF ANY SORT OR KIND AND ARE NOT A SUBSTITUTE FOR MENTAL HEALTH TREATMENT AND/OR PSYCHOTHERAPY IF SUCH ARE NEEDED OR DESIRED BY THE CLIENTS. TSC DOES NOT AND WILL NOT DIAGNOSE, CURE, PREVENT, OR TREAT ANY MENTAL DISEASE, CONDITION, OR DISORDER THE CLIENTS MAY HAVE. COACHING IS A GOOD FIT FOR INDIVIDUALS, EMOTIONALLY AND PSYCHOLOGICALLY HEALTHY AND MOTIVATED TO WANT TO IMPROVE THEIR RELATIONSHIP AND COMMUNICATION SKILLS WITH THEIR CHILDREN. THE CLIENT UNDERSTANDS AND AGREES THAT IF TSC DETERMINES THAT EITHER A CLIENT AND/OR A MINOR CHILD MIGHT BENEFIT FROM PSYCHOTHERAPY, TSC MAY ALSO RECOMMEND OR REFER THE CLIENTS TO APPROPRIATE RESOURCES IN ADDITION TO OR IN LIEU OF COACHING, IF APPROPRIATE.
b. Therapy. If the Client(s) and/or their minor children are currently in therapy, it is strongly encouraged that the Client informs the clinical therapist that they and/or the minor children are also engaged in Coaching to help their clinician ensure their work supports the Client in achieving their goals in coaching with TSC.
4. COACHING SERVICES.
TSC shall provide the following services to the Client (the "Coaching Services”):
a. Membership in Teen Savvy Parent Hub, which includes
b. Access to regular, live group coaching calls, some of which will include talks from experts and guest speakers, including the Coach; some of which will offer some participants opportunities for live coaching; and some of which will be Q&A sessions during which Coach responds to questions offered by TSC Parent Hub members.
c. Provision of, and access to recorded video courses, recordings of live calls, worksheets, documents, and other materials to accompany the Membership
d. Access to the Teen Savvy Parent Hub Community page, on which Client may post and respond to posts made by other members, in keeping with TSC Parent Hub Community rules and guidelines.
5. THE CLIENTS' RESPONSIBILITIES.
Coaching is a cooperative process where clients and coach develop an ongoing relationship with one another for the coach to assist the clients with making changes in their lives and relationship. As the Client is making a significant investment of time and money in the Coaching Services, TSC expects the Client to understand and consent to the following:
a. The Client understands coaching is not therapy, does not substitute for therapy, if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client is solely responsible for creating and implementing their own physical, mental, and emotional well-being, decisions, choices, actions, and results arising from the Coaching Relationship and their work and interactions with their coach. As such, the Client agrees that their coach is not and will not be liable or responsible for any actions, inaction, or for any direct or indirect result of any Coaching Services provided by the coach.
b. The Client acknowledges that coaching is a comprehensive process involving different areas of their life, including work, family, relationships, finances, health, education, and recreation. The Client agrees that deciding how to manage these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client's responsibility.
c. The Client understands and agrees to communicate honestly and openly with their TSC coach, be open to feedback and assistance, and ensure they will allocate the time and energy to participate fully in the Coaching Relationship and the Coaching Services they receive.
d. The Client shall ensure they have access to a computer with internet access that has a camera and microphone for the Coaching Sessions;
e. For live group coaching calls in which The Client receives brief, 1:1 coaching, The Client shall ensure they have a quiet location which has sufficient lighting and privacy conducive to protecting the confidentiality of the Coaching Sessions and which is free from distractions or intrusions. The Client shall also agree to refrain from holding the Coaching Sessions in a public location or using public Wi-Fi, such as a library, coffee shop, or other similar location;
f. The Client shall refrain from engaging in Coaching Sessions in public locations and/or while driving;
g. The Client shall dress appropriately for their Coaching Sessions and dress as they would for an actual in-person Coaching Session;
h. The Client shall refrain from using social media or browsing the internet during their Coaching Sessions as such activity can distract and prevent the Client from getting the most out of their Coaching Sessions;
i. Pay all fees for Coaching Services as outlined in this Coaching Agreement or as otherwise agreed in writing between the Client and TSC;
6. RISKS AND LIMITATIONS OF REMOTE COACHING.
By signing this Coaching Agreement, the Client acknowledges their consent and understanding to the following:
a. Disruption of Services. As TSC uses audio-visual technology streamed through the internet for the Coaching Sessions, there is always the risk of the Coaching Sessions being cut off or delayed due to internet connection issues or technological issues;
b. Potential for Breach. Due to the Coaching Sessions being provided through the internet, there always remains a potential risk of your Coaching Session, as well as any communication or information exchanged during the Coaching Session being accessed by an unauthorized party or of some other type of breach beyond what TSC can control, despite reasonable efforts made to avoid this.
c. Virtual Nature of the Coaching Relationship. Some Clients initially find some discomfort with the virtual nature of the Coaching Relationship versus holding in-person Coaching Sessions. In addition, there can sometimes be some difficulty with both the coach and the Client expressing and interpreting nonverbal cues.
7. SCHEDULE AND PROCEDURE.
a. Schedule. During the Coaching Relationship, the Client and their coach will follow the schedule outlined in Attachment A: Coaching Scheduling, attached to this Coaching Agreement.
b. Procedure. The Client has the option to sign in to the Teen Savvy Parent Hub at their discretion and convenience and will be made aware of opportunities for live group calls in advance. When on the call, client will follow all guidelines outlined in section 5.
8. FEES.
Fees for Coaching Services. In exchange for access to the Membership, the Client agrees to pay TSC the recurring fee outlined on the digital checkout page for the membership (the "Coaching Fee") by providing an active credit card that TSC will keep on file through its billing software. If a credit card expires, The Client agrees to update the card in order to keep their Membership active.
The Client understands and acknowledges that TSC reserves the sole right to change or increase the Coaching Fee without warning. The Client will have the option to cancel their membership at any time. See section 9.
9. CANCELLATION POLICY.
The Client shall agree to the following provisions regarding Cancellations, where applicable:
a. Canceling A Membership. Should the Client wish to cancel their membership, The Client agrees that it is the Client's responsibility do so through the Membership software. Memberships will be cancelled at the start of the next billing cycle. No communication from The Client assumes the Client’s wish to continue their Membership.
b. Breach of Coaching Agreement. In the event the Client fails to follow the provisions of this Section, TSC reserves the right to consider the Coaching Agreement breached, and shall have the right, at its discretion, to terminate the Coaching Agreement per the terms of Section 12, Termination, below.
10. CONFIDENTIALITY.
a. General Statement Regarding Confidentiality. For the purposes of this Coaching Agreement, the existence of the Coaching Relationship, as well as all information (written or oral) that the Client shares with TSC as part of this relationship, as well as this Coaching Agreement, TSC's practices, materials, and methods, and any proprietary materials provided by TSC to the Client in the course of the coaching relationship ("Confidential Information"), shall be considered strictly confidential in nature by all Parties.
The Client and TSC shall agree to refrain from disclosing any Confidential Information without prior written authorization by the other Parties ("Confidentiality") unless compelled to do so by federal or state law. This Confidentiality shall survive the termination of this Coaching Agreement.
b. Outside Consultation with 3rd Parties. The Client also understands and acknowledges that TSC may take part in professional consultations with other professionals at times, and when the coach believes it necessary to ensure the Client receives the best possible coaching.
c. Confidentiality Considerations and Technology. The Client further understands and acknowledges that such consultations and communication between TSC and the Client are conducted via telephone, video conferencing, websites, text messages, and/or emails, which may not be entirely secure. Confidentiality of information transmitted through those means cannot be guaranteed. The Client also understands and acknowledges that TSC cannot guarantee the confidentiality of any information the Client shares in any group setting, including any in-person or virtual group Sessions.
d. Disclosure Regarding Disclosure of Information. The Client acknowledges and understands that records and information related to the Client’s coaching may not be protected by federal healthcare privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) because TSC is not collecting, retaining, or creating health information as defined by HIPAA and because the Coaching being provided by TSC is not a healthcare service, and is not therapy.
Therefore, information collected or shared with TSC may not be legally protected in the same manner protected health information and health records, as defined under HIPAA, might be. As such, any information shared with TSC may be subject to release if TSC is compelled to do so by state or federal law. Additionally:
- The Client acknowledges their understanding and consent that there is no legally bound duty to Confidentiality. Under certain circumstances and/or as required by law or court order, TSC may be compelled or required to disclose Confidential Information to local, state, or federal law enforcement and governmental authorities. This includes, but is not limited to, obligatory reporting of cases of abuse and/or imminent risk of the Client harming themselves or another. The Client understands that such situations are rare in coaching practices and that TSC will discuss such matters with them before taking action, to the extent practical, legally, and ethically possible.
2. In the event that TSC is required by law or court order to disclose Confidential Information, TSC shall notify the Client in writing of the required disclosure of Confidential Information, unless legally prevented.
11. INTELLECTUAL PROPERTY.
The Client shall acknowledge and agree that all materials provided by TSC to the Client under this Coaching Agreement are the property of TSC. The Client shall also agree that, except as expressly allowed by this Coaching Agreement or as otherwise authorized in advance in writing by TSC, the Client shall not share, distribute, copy, or otherwise make available to any third party, person, or entity any materials, content of any sort or type, and/or login credentials provided to them during the Coaching. TSC reserves the right to terminate the Coaching Services and the Coaching Relationship, and this Coaching Agreement for any violation of the provisions of this Section.
12. TERMINATION.
a. In General. Either Party may terminate the Coaching Agreement. If The Client requests termination of their Membership (which they may do through the Membership software), termination will take place at the start of the subsequent billing period.
b. Termination by TSC. The Client shall also acknowledge and consent that TSC may terminate this Coaching Agreement at any time for the following reasons:
1. If the Client fails to pay for the Coaching Services provided under this Coaching Agreement or are otherwise in arrears to TSC for unpaid fees;
2. If the Client breaches any provision of this Coaching Agreement;
3. If, at its sole discretion and judgment, TSC determines the Coaching Services and/or the Coaching Relationship are no longer productive or helpful to the Client or the client’s conduct within the Membership Community is disruptive, inappropriate, or in violation of the Community rules and guidelines.
c. Outstanding Balances. If the Client owes an outstanding balance at the time of Termination, the Client shall pay any outstanding balances within ten (10) business days of Termination. TSC shall also have the right to immediately collect any outstanding fees from the Client. The Client also acknowledges their understanding that TSC reserves the right to pursue all its legal options to collect on any unpaid balance owed if not paid by the Client within thirty (30) calendar days of when such balance was due or upon Termination.
13. NO GUARANTEES.
Except as otherwise provided for in this Coaching Agreement, TSC makes no guarantees, warranties, or representations of any kind, express or implied, with respect to the Coaching Services rendered under and in conjunction with this Coaching Agreement. The Client acknowledges their understanding and consent that TSC shall not be responsible for any inaction, actions, or indirect or direct result(s) of any Coaching Services rendered by TSC.
14. NO REFUNDS.
The Client acknowledges their understanding and consent that TSC shall not offer any refunds of fees paid in connection with the Coaching Relationship, any and all Coaching Services, or those otherwise collected as provided for under this Coaching Agreement.
15. RELEASE OF LIABILITY AND HOLD HARMLESS PROVISIONS.
a. Indemnification and Agreement to Hold Harmless. The Client, by signing this Coaching Agreement, acknowledges their understanding and consent to the following provisions:
(1). THE CLIENTS SHALL INDEMNIFY AND HOLD HARMLESS TSC, ITS MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES, STAFF, OR ANY OTHER RELATED THIRD PARTIES FROM, AND WAIVE ON BEHALF OF THEMSELVES AS WELL AS THE CLIENTS' HEIRS AND ASSIGNS, AND ANY PERSONAL REPRESENTATIVES, ANY LEGAL ACTION, CLAIMS, SUITS, PROCEEDINGS, COSTS, LOSSES, DAMAGES, LIABILITIES, EXPENSES, DEMANDS, AND JUDGMENTS, INCLUDING COURT COSTS, ATTORNEY'S FEES, AND OTHER REASONABLE EXPENSES OF LITIGATION, WHICH MAY ARISE OUT OF, RELATE TO THIS COACHING AGREEMENT, OR FROM PARTICIPATING IN COACHING WITH TSC AND RECEIVING THE COACHING SERVICES, WHICH RESULT FROM OR DUE TO BREACH OF THE COACHING AGREEMENT, WILLFUL MISCONDUCT OR NEGLIGENCE, OR OUT OF ANY ACT OR OMISSION BY TSC THAT OCCURS IN CONNECTION WITH THIS COACHING AGREEMENT, AND FROM ANY LOSSES, EXPENSES, DAMAGES, AND COSTS RELATING TO OR ARISING FROM ANY INFORMATION LOSS DUE TO TECHNICAL FAILURE, CYBER-ATTACK, USE OF THE INTERNET TO COMMUNICATE WITH TSC, USE OF TSC'S WEBSITE (THE "SITE"), ANY ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED FROM THE SITE, AND/OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
(2). While TSC undertakes to make its materials as error-free and effective as practical, TSC does not warrant that those materials it provides to the Client are error-free. TSC engages in hosting services that include cyber-security measures but cannot warrant that the Site is always available and free of viruses or other harmful code.
(3).This indemnification provision of this Section will survive the termination of this Coaching Agreement.
b. Limited Liability. By executing this Coaching Agreement, the Client acknowledges their understanding and agreement that their sole remedy shall be limited to reimbursement for the total amount paid by the Client to TSC under this Coaching Agreement for all Coaching Services rendered throughout the duration of the Coaching Agreement, including up to the date of termination.
16. DISPUTE RESOLUTION.
In the event of any disputes in relation to or arising out of this Coaching Agreement or any part of this Coaching Agreement, the Parties agree to notify the other Party of their concerns in writing in advance and agree that they shall first attempt to settle their dispute through good-faith negotiation. If the Parties are unsuccessful in resolving the dispute themselves within sixty (60) days, either Party may then initiate the Arbitration procedures contained in Section 17, Binding Arbitration, of this Coaching Agreement.
17. BINDING ARBITRATION.
If, at the end of sixty (60) days, the Parties are unsuccessful in resolving a dispute in relation to or arising out of this Coaching Agreement or any part of this Coaching Agreement, either party may initiate arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its then existing Commercial Arbitration rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may initiate arbitration. The following additional provisions shall also apply:
a. Applicable Law. The arbitrator shall apply the substantive law of the State of Maryland, without regard to the principles of conflicts of law.
b. Attorney’s Fees. The arbitrator shall not have the power to award attorneys’ fees.
c. Venue and Jurisdiction for Arbitration. The place of arbitration shall be in or about Anne Arundel County, Maryland. The Parties hereby accept jurisdiction of the arbitration tribunal over the Parties and over the subject matter of the dispute.
d. Arbitrator. The Parties shall choose an arbitrator from the arbitrators proposed by AAA. If the Parties are unable to agree upon an arbitrator, they shall ask the AAA to appoint the arbitrator.
e. Final and Binding Award. An award rendered in connection with arbitration pursuant to this Section 17, shall be final and binding upon the Parties, and the Parties shall accept the arbitrator’s decision as final.
f. Exclusive Remedy. The Parties agree that the award of the arbitrator will be the sole and exclusive remedy between them regarding any and all claims between them with respect to the subject matter of the arbitrated dispute. The Parties hereby waive all jurisdictional defenses in connection with any arbitration hereunder or the enforcement of any order or award rendered pursuant thereto (assuming that the terms and conditions of this arbitration clause have been complied with).
g. Enforcement. With respect to any award issued by the arbitrator pursuant to this Coaching Agreement, the Parties expressly agree (i) that such order shall be conclusive proof of the validity of the determination(s) of the arbitrator underlying such order; and (ii) any court of competent jurisdiction sitting in the state of Maryland, may enter judgment upon and enforce such order, whether pursuant to the U.S. Arbitration Act, Maryland law, or otherwise. A Party who prevails in a suit to enforce the arbitration award shall be entitled to attorneys’ fees from the other Party.
18. CHOICE OF LAW AND VENUE.
This Coaching Agreement shall be construed by and governed under the laws and regulations of the State of Maryland.
19. SEVERABILITY.
If any part of this Coaching Agreement shall be held to be unenforceable, invalid, or illegal, either legislatively or judicially, such provision will be severed from this Coaching Agreement, and the rest of the Coaching Agreement shall remain in full force and effect.
20. ASSIGNMENT.
The Parties may not assign this agreement nor any of the rights, interests, or obligations under this Coaching Agreement, in whole or in part, by operation of law or otherwise by any of the Parties without the prior written consent of the other Party. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns.
21. NO THIRD-PARTY BENEFICIARIES.
Nothing in this Coaching Agreement, expressed or implied, is intended or shall be construed to confer upon or to give any person or entity, other than the Client or TSC, any right, benefit, status as a third-party beneficiary, or remedy or claim under or because of this Coaching Agreement, or any covenant, condition, or stipulation of this Coaching Agreement.
22. MODIFICATION AND AMENDMENTS.
This Coaching Agreement may only be supplemented, amended, modified, or revised in writing and if signed by both TSC and the Client.
23. NO WAIVER.
The failure of TSC to insist upon the performance of any of the terms and conditions of this Coaching Agreement, to exercise any rights under this Coaching Agreement, or the waiver of any breach of any of the terms and conditions of this Coaching Agreement, shall not be construed as thereafter waiving any such terms and conditions. However, the same shall remain in full force and effect as if no such forbearance or waiver had occurred.
24. NON-DISPARAGEMENT.
The Client agrees to refrain from disparaging comments on social media, to the press, or to any individual or entity regarding TSC, its consultation services, related activities, or the relationship between the Parties for a period of two (2) years upon the termination or completion of the Coaching Services or termination of this Coaching Agreement. TSC shall refrain from commenting on its relationship with the Client, or specifically identifying the Client.
25. NOTICES.
All notices, requests, consents, and other communications hereunder between TSC and the Client shall be deemed to be sufficient if contained in a written instrument that is (i) delivered in person, (ii) duly sent by First Class, registered or certified mail, postage prepaid, return receipt requested, or by messenger or overnight delivery service with receipted service, addressed to the other Party at the address set forth above at the top of this Coaching Agreement, or (iii) sent by email to the email addresses for the Parties:
a. Email address for TSC: [email protected]
b. Email address for the Client: same email address as the one used to register for the Membership
Each Party is responsible to "whitelist" the email address of the other Party, as set forth above, to ensure email messages are not sent to their spam folder. Should the mailing and/or email address of any of the Parties change, both TSC and the Client agree to provide notice in writing of any such change to the other party.
26. COUNTERPARTS.
This Coaching Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Coaching Agreement delivered by US Mail, by email, delivered in-person, or by means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Coaching Agreement.
27. FORCE MAJEURE.
The Parties shall agree that neither the Client nor TSC shall be considered in default of performance of any obligations under this Coaching Agreement if such performance is prevented or delayed by Force Majeure. "Force Majeure" shall be understood to be any situation created which is beyond the reasonable control of a Party, including but not limited to acts of God, war, civil insurrection, fire, flood, storm, or by any law, regulation, or order of any federal, state, county or municipal authority, or any other unforeseen circumstances or causes beyond their reasonable control.
28. ELECTRONIC SIGNATURES.
This Coaching Agreement and any related documents in connection with this Coaching Agreement shall be construed as signed when a Party's signature is delivered electronically on them. These signatures must be treated in all respects as having the same force and effect as original signatures.
29. CAPTIONS FOR CONVENIENCE.
All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof.
Attachment A:
Teen Savvy Parent Hub Membership
Teen Savvy Parent Hub Details
The following are pertinent details regarding the Membership:
- Through Kajabi, the hosting software for the Membership, Clients will be provided with a link and access to an app through which they can access the Membership site.
- The Membership site includes an online community space where members can post comments, access to regular live group coaching calls hosted by The Coach, recorded online courses, recordings of past live coaching calls, and related documents and downloads. The site may be modified, and additional content added over time.
- The Coach and/or the Coach’s affiliates and team members will moderate, in accordance with set guidelines and rules spelled out within the online Community Space, an online Community space on which participants may post questions and make comments in response to other’s posts. While The Coach and The Coach’s affiliates will make every effort to respond in a timely fashion to participants’ posts and comments in the online Community Space, the Coach and the Coach’s affiliates will not respond to every post, nor will they be available on a 24 hour basis for participants’ questions. The Community Space, however, will be open online on a 24 hour basis, technology permitting.
- Regular live group calls within the online Community will consist of several formats.
- In group coaching calls, some individual participants may be invited to take the “hot seat”. What this means is that the “hot seat” participant will have the opportunity to raise a parenting concern with the group and receive individualized coaching from the Coach as well as feedback from fellow group members.
- In some calls, the Coach may invite a guest speaker or expert to present on a topic related to raising teens or parental wellbeing.
- In some calls, The Coach may take participant questions and respond to those.
- Participants will have access through The Membership to recorded courses and related worksheets, documents and other materials, which they may watch or download at their convenience so long as their Membership is active.
Schedule
The online Community Space will be available 24 hours a day and/or in accordance with the hosting software platform’s functionality and availability.
Live calls including group coaching calls, expert presentations, and Q&A calls will take place several times per month, and Members will be made aware of dates and times for these events through the automated notifications on the hosting platform.
Most live calls will be recorded so that Members who cannot attend live can watch the recordings after the fact at their convenience.
