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SERVICES AGREEMENT

This Agreement is entered into by and between Fail Better Training LLC (“Coach”) and the client (or parent/guardian of the client) who signs the agreement (“Client”) whereby Coach agrees to provide mental performance coaching for Client.

DESCRIPTION OF COACHING

Coaching is a collaborative process with an ongoing relationship between the Client and Coach. The coaching experience supports the Client in establishing new behaviors. The coaching relationship is strengths-based, forward-looking, and collaborative. The coaching agenda is developed and implemented in partnership between the Client and Coach. The role of the Coach is to help the Client progress toward achieving a goal.

COACH-CLIENT RELATIONSHIP

  1. Coach agrees to use best efforts to abide by the ethics and standards of behavior established by the Association of Applied Sport Psychology (AASP). It is recommended that the Client reviews the AASP Code of Ethics and the applicable standards of behavior (https://appliedsportpsych.org/about/ethics/ethics-code/).

  2. Client is solely responsible for creating and implementing their own well-being, choices, actions, and outcomes arising out of or resulting from the coaching relationship. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

  3. Client further acknowledges that they may terminate or discontinue the coaching relationship at any time.

  4. Client acknowledges that mental performance coaching is a comprehensive process that may involve different elements of performance. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implement choices is exclusively the Client’s responsibility.

  5. Client acknowledges that mental performance coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association (APA) and that mental performance coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

  6. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the services offered.

SERVICES

The parties agree to engage as of the effective date of this agreement.

SCHEDULE AND FEES

This coaching agreement is valid once payment is received. The investment price and session length will be discussed and agreed upon by Coach and Client.

PROCEDURE

The time of the coaching session and location will be determined by Coach and Client based on a mutually agreed upon time and place.  

CONFIDENTIALITY

This coaching relationship, as well as all information (documented 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 AASP Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any confidential information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

CANCELLATION POLICY

Client agrees that it is the Client's responsibility to notify the Coach of cancellations 48 hours in advance of the scheduled sessions. Any changes or cancellations within 48 hours are subject to a 100% cancellation fee.

TERMINATION

Either the Client or the Coach may terminate this Agreement at any time. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. At least 30 days advance notice is required for a full refund of remaining sessions. Sessions must be used within 1 year of the date they are purchased. 

LIMITED LIABILITY

Except as expressly provided in this Agreement, the 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.

ENTIRE AGREEMENT

This document 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.

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 unenforceable, 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.

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.

APPLICABLE LAW

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

BINDING EFFECT

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

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