This Coaching Agreement ("Agreement") is made and entered into as of the date of acceptance by the Client ("Effective Date"), by and between:
Coach: Nadia Mercelis, ("Coach") and the undersigned
1. SERVICES PROVIDED
The Coach agrees to provide coaching services to the Client, which may include but are not limited to mindset coaching, business strategy, and other personal or professional development guidance. Coaching sessions will be conducted via video call unless otherwise agreed upon.
2. PRICING & PAYMENT TERMS
The Client agrees to pay the following fees for coaching services:
3. DISCLAIMER & LIMITATION OF LIABILITY
The Client understands and agrees that coaching is a process aimed at providing guidance, support, and accountability, but results are not guaranteed. The Client is solely responsible for implementing any strategies or insights gained from coaching sessions.
The Coach makes no representations or warranties, express or implied, regarding specific outcomes or results from coaching. The Client agrees that they will not hold the Coach liable for any perceived failure to achieve personal or business goals. The Coach is not a licensed therapist, financial advisor, or legal professional, and any advice provided is not a substitute for professional advice in these areas.
The Client acknowledges that success in business or personal development is dependent on multiple factors beyond the Coach’s control, including but not limited to the Client’s personal effort, consistency, decision-making, and external circumstances. The Coach does not and cannot guarantee any specific results.
4. PAYMENT, REFUND & CHARGEBACK POLICY
The Client agrees to pay the agreed-upon fees for coaching services before the scheduled session. Fees are non-refundable under the following conditions:
Coaching sessions that have already taken place will not be reimbursed under any circumstances.
Cancellations made less than 48 hours of the scheduled session are non-refundable unless the Coach initiates the cancellation.
If the Coach cancels a session, the Client will be given the option to reschedule or receive a full refund for that session.
The Client agrees that all payments are final and will not initiate chargebacks or payment disputes. Any chargeback initiated by the Client for a legitimate charge will constitute a material breach of this Agreement, and the Coach reserves the right to take legal action to recover funds.
5. RESCHEDULING & CANCELLATION POLICY
The Client must provide at least 48 hours' notice to reschedule a session. Failure to do so will result in forfeiture of the session fee. If an emergency arises, the Coach may, at their sole discretion, allow a reschedule without penalty.
6. INTELLECTUAL PROPERTY
All materials provided by the Coach, including but not limited to worksheets, templates, exercises, or recordings, are the exclusive intellectual property of the Coach. The Client may use these materials for personal use only and may not reproduce, share, or distribute them without explicit written permission from the Coach.
7. CLIENT BEHAVIOR
The Coach reserves the right to terminate this Agreement and discontinue services immediately if the Client engages in behavior that is disrespectful, abusive, or disruptive. No refunds will be provided in such cases.
8. NON-DISPARAGEMENT
The Client agrees not to make any defamatory, negative, or disparaging remarks about the Coach, either publicly or privately. Any concerns should be communicated directly to the Coach for resolution.
9. INDEMNIFICATION
The Client agrees to indemnify and hold harmless the Coach from any claims, losses, or damages resulting from the Client’s actions, business decisions, or interpretations of coaching advice.
10. NO EMPLOYMENT OR BUSINESS PARTNERSHIP
Nothing in this Agreement shall be construed to create an employer-employee, joint venture, or business partnership relationship between the Coach and the Client.
11. RECORDING & PRIVACY
The Coach may record coaching sessions only with the Client’s written consent.
If the Client agrees to recordings, they will be used solely for personal reference and not shared publicly.
The Client may opt-out of recordings at any time.
The Client may not record, reproduce, or distribute any coaching sessions without the Coach’s explicit written consent. Unauthorized distribution of recorded sessions will be considered a breach of this Agreement.
12. FORCE MAJEURE
The Coach shall not be liable for any failure or delay in performing services due to circumstances beyond their control, including but not limited to acts of nature, technical failures, pandemics, illness, governmental actions, or other unforeseen disruptions.
13. TESTIMONIAL & MARKETING RELEASE
The Client agrees that any testimonials, feedback, or success stories shared with the Coach may be used for marketing or promotional purposes unless the Client requests confidentiality in writing.
14. CONFIDENTIALITY
Both parties agree to maintain confidentiality regarding all discussions during coaching sessions. However, confidentiality does not apply in cases where disclosure is required by law, or if there is a risk of harm to the Client or others.
15. TERMINATION
Either party may terminate this Agreement with written notice. The Coach reserves the right to terminate coaching services if the Client engages in inappropriate behavior, refuses to participate in the coaching process, or fails to adhere to agreed-upon policies. No refunds will be provided for sessions already completed or for cancellations within 48 hours of the next scheduled session.
16. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall continue to be valid and enforceable.
17. CLIENT RESPONSIBILITY ACKNOWLEDGMENT
The Client acknowledges that coaching is a collaborative process and that their progress depends on their commitment and actions. The Coach is not responsible for the Client’s failure to act on provided guidance.
18. GOVERNING LAW
This Agreement shall be governed and interpreted under the laws of the state of North Carolina. Any disputes arising under this Agreement shall be resolved through mediation or arbitration in North Carolina before resorting to litigation.
19. AGREEMENT ACCEPTANCE
By purchasing and/or participating in coaching services, the Client acknowledges that they have read, understood, and agreed to this Agreement.
Coach:
Nadia Mercelis
nadia@nadiamercelis.com
Tel: +1 704-288-1029