Angel Swon LLC Terms & Conditions – Coaching
Thank you for visiting an Angel Swon LLC. website, including but not limited to angelswon.com (collectively, the “Website”).
Purpose of the Agreement
Client wishes to hire Coach to provide services relating to Client’s 12 Week Coaching Program as detailed in this Agreement. Coach has agreed to provide such services according to the terms of this Agreement.
Package: 12 Week Coaching Program
Coach shall provide Client with the following services on a one-time
basis (herein known as “Services”):
● Total of 390 minutes of coaching via video or phone call
● One 60-minute session at the start of services, and one 30-minute session every week for 11 weeks
● Access to email communications with 2 business day turnaround time
Coach shall provide Client with one 15-minute pre-Service consultation upon request. The Parties shall agree on an acceptable date and time for conducting the pre-Service consultation, but the manner by which the consultation shall be conducted shall be at the discretion of the Coach. In most instances, this consultation is conducted via phone or video chat.
The total cost of all Services Coach agrees to provide to Client is $1897 on a one-time
basis (the “Total Cost”). Total Cost is inclusive of Coach’s Services, any setup time, travel time and out-of-pocket costs, software licenses, administrative fees, assistance, subcontractor costs.
Angel Swon LLC offers 2 payment types:
1. $1897 paid in full
2. 2 monthly payments of $957
All completed purchases for any Monthly Payment offer towards your 12 Week Coaching Program includes your agreement to participate in the 30-day cycle of recurring payments associated with your 12 Week Coaching Program.
You understand that you are responsible for any missed or failed payments due to canceled, changed, or altered payment information that you do not provide to us.
Failure to pay does not cancel your 12 Week Coaching Program payment obligation. If we cannot collect your monthly payment, services will be suspended by us and an outstanding balance plus late fees will be placed on your account.
You are responsible for all outstanding balances. We reserve the right to collect any and all payments due to us using our collection agency.
If you wish to change your Monthly Payment into an Annual payment, please email us at firstname.lastname@example.org and we will assist you with the change in your account for the 6 Week Coaching Program, or paying off your balance for the 12 Week Coaching Program.
You represent and warrant that when you make a purchase from the Owner that any credit card or payment information you give us is accurate and complete; and, any charges incurred by you will be honored by your financial institution or credit card company; and, you will pay the charges incurred by you, including any and all taxes; and, if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.
When you join Back to You or the 12 Week Coaching Program on a Monthly Payment for the Annual Membership, you will pay upfront for the first month in full. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).
You hereby authorize the Owner, Angelica Swon, Angel Swon LLC, and Back to You to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
If Coach does not receive payment from Client within five calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Coach does not receive payment.
For example, Client owes Coach $1000 due on April 1 and fails to pay by April 6th. On April 6th, Client owes Coach $1015. On April 7th, Client owes Coach $1030.23. On April 8th, Client owes Coach $1045.68, and so on.
Parties will treat and hold all information of or relating to this Agreement, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, speculation, knowledge, and the terms and provisions of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
RELATIONSHIPS OF THE PARTIES
Coach and any related sub-contractors are not employees, partners or members of Client’s company or organization. Coach has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. Coach has the right to hire assistants, subcontractors or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Coach.
Client has spent a satisfactory amount of time reviewing Coach’s work and has a reasonable expectation that Coach’s Services will produce a reasonably similar outcome and result for Client. Coach will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Coach’s current portfolio and services, and Coach will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
● Every client and final delivery is different, with different tastes, budgets, and needs;
● Coaching is a subjective service and Coach is a provider with a unique vision, with an ever-evolving style and technique;
● Coach will use her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
● Dissatisfaction with Coach’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
LIMIT OF LIABILITY
Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Coach’s total cost as set forth in this Agreement.
Client agrees to indemnify and hold harmless Coach and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.
ASSUMPTION OF RISK
Client and related parties/ participants expressly assume any risk of 12 Week Coaching Program and related activities as described herein.
The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
CANCELLATIONS AND RESCHEDULING
CLIENT DESIRES TO CANCEL OR RESCHEDULE
If the Client desires to cancel Services of Coach for any reason at any time, then Client shall provide at least 3 days Notice to Coach in order to cancel this contract. Client may reschedule Services with at least 48 hours Notice. Providing Notice will not relieve Client of any currently outstanding payment obligations. Coach will not be obligated to refund any portion of monies Client has previously paid to Coach. If Coach is able to re-book further services on or before Client’s final delivery date, Client may be issued a credit for future services with Coach at Coach’s discretion. Coach has no obligation to attempt to re-book further Services to make up for Client’s cancellation or rescheduling.
COACH DESIRES TO CANCEL OR RESCHEDULE
In the event Coach cannot or will not perform her obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to Client, and at the Coach’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Coach, no reasonable substitute is found, Coach shall excuse Client of further performance obligations in this Agreement.
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 3 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 14 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
FAILURE TO PERFORM SERVICES
In the event Coach cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
If it becomes impossible for Coach to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within the Coach’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Coach.
The laws of Maryland govern all matters arising under or relating to this Agreement, including torts.
Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent:
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.
The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
Neither party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided herein.
The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
Last Updated: March 12, 2022