Unlimited Agreement

This agreement is ("Agreement") begins at the date of purchase ("Effective Date") between and among:


Client and MAKENZIE CONKLIN


The purpose of this Agreement is to set forth the details of the Parties relationship so that each is clear as to respective roles and how much communication will take place so that the relationship will be positive, productive, and comfortable.


THEREFORE, the Coach and Client agree as follows:

1. TERMS
TERMS.
1. During the terms of this Agreement, the Coach agrees to provide consultations in accordance with the
specific services set forth in the UNLIMITED PACKAGE as outlined in Attachment A (below).

2. The services to be provided by the Coach to the Client are coaching or tele-coaching, as designed jointly with the client. Coaching, which is not advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client’s life or profession.

3. Coach and Client agree upon the Package through which consultations, preparation, and follow-up work (if necessary) are conducted. Dates and location are chosen collaboratively and adhered to upon signing the agreement.

4. If client misses a call for one week, there will be no refunds or calls added to later weeks. All calls will be recorded and provided to the client.

5. Throughout our time together, if something isn’t aligning with you, please let me know so we can address it and re-evaluate how we conduct our meetings. Coach has right to remove Client without refund if Community Guidelines are broken or Client makes others feel unsafe.

6. All calls and support must be completed within the contracted time frame of 6 months following the agreement effective date. If all calls are not completed within the agreed upon timeline immediately following first day of coaching services, client forfeits any other calls to be scheduled.

7. Coach will employ a range of methodologies, including coaching, and mentorship. Client agrees to be open-minded and partake in the methods proposed. Client understands that Coach makes no guarantees as to the outcome of the sessions or package.

8. So that Client is fully invested in this Package, no refunds will be issued. If payment due is not paid within 3 payment attempts, Client automatically forfeits any future sessions until payment is made and missed sessions will not be rescheduled. If client does not pay within 3 attempts of scheduled payment date, they will lose access to materials until paid.

9. Full balance of payment is due (at the latest) by the last date of initially agreed upon payment.

10. DISCLAIMERS. By participating in coaching services, mentorship, and/or consulting, Client acknowledges that MAKENZIE CONKLIN is not a psychologist, therapist, attorney, or financial advisor, and services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.

The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, sales, or potential profitability or loss of any kind that may be derived as a result of the use of Coach’s website, programs, products or services. ​

Any testimonials, earnings, or examples you provide to the Coach will be the Coach's property to be used at their discretion; by signing this contract you are agreeing to the use of these materials. The Coach will keep all coaching conversations and your information anonymous in any marketing efforts (e.g. celebration win screenshots). By providing video testimonials, you are agreeing for those video testimonials to be used in marketing efforts.

1. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, coaching sessions, or otherwise. Client acknowledges that Coach may share confidential information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bonafide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

2. RECORDING OF CALLS. Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement.

3. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.

4. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.

5. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.

6. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth hereinbelow. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

7. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in SAN FRANCISCO, CA or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of SAN FRANCISCO, CA, regardless of the conflict of laws principles thereof.

9. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.

10. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.

The parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.


ATTACHMENT A
Unlimited Mastermind

CLIENT RECEIVES:
4 GROUP CALLS PER MONTH
SLACK MESSAGING SUPPORT -- Makenzie will check 3x per week (expect 72 hour response time)
PROGRAM VIDEO PORTAL ACCESS FOR 12 MONTH DURATION OF PROGRAM

Payment information can be found on the invoice. All payments are non-refundable.