Guidance Agreement
The Advisor agrees to provide the Advisory Services to the Client upon the following terms and conditions. By accepting this agreement, the Client, the Advisor and the Employee Client, if any, agree to be legally bound by and to abide by the following terms and conditions.
Effective Date – This Agreement shall start upon the Start Date and shall be enforceable among the parties upon signing a copy of this Agreement in paper or in a digital format.
Advisory fees
The Client agrees to pay for the Advisory Services provided to the Client and the Employee Client if any, at the following rates:
- The Advisor is to be compensated at a rate of $125.00 per hour, per person, plus applicable taxes, per coaching call;
- The fees shall be payable in advance of the consulting call;
- The Client may pay via credit card payment through the website (please note that payment notification will be from Business Launch Solutions Inc.);
Cancellation and Refunds
- The Client agrees to provide at least 24 hours notice via email to wendy@launchitright.com, in the event that a meeting needs to be rescheduled. The Advisor will make all reasonable attempts to reschedule the meeting with the Client and Employee Client, if any. The Advisor retains the right to charge the Client for any missed meetings for which proper notice was not given; and
- In the event that the Agreement is terminated, the Advisor shall not refund any fees paid in advance for services not yet rendered to the Client and Employee Client.
Scope of Services – The Client hereby retains Wendy Mayhew, Business Launch Solutions, Inc. (the Advisor) to provide professional advisory services focused on the following areas and goals, and to the Employee Clients listed in this Agreement if any (referred to in the Agreement as the “Advisory Services”):
- Assist the client in determining if entrepreneurship is an option they should explore;
- Advising new business owners to help them start and grow their business;
- Such other areas of focus as may be determined from time to time by consultation and agreement of the Advisor and the
Client and Employee Client. - Any amendments to the scope of the Advisory Services must be confirmed in writing and agreed to by all of the parties.
- The Advisory Services will be delivered in the form of a one-time scheduled meeting, rendered to the Client through the following methods internet video conference, or telephone meetings). The Advisor will also make herself or himself available to the Client via email and phone calls between scheduled meetings as agreed to by and between the Advisor and the Client.
Advisor Duties and Responsibilities
2. Advisor Duties and Responsibilities – The Advisor and the Client each acknowledge and agree to their respective duties and responsibilities under this Agreement, including the following duties and responsibilities of the Advisor:
- The Advisor agrees to conduct herself in accordance with any applicable professional codes of ethics in all interactions with the Client and Employee Clients if any. The Advisor will provide copies or links to any applicable code of ethics to the Client for their review;
- The Advisor agrees to set appropriate boundaries with the Client and to clearly explain the nature of advising and the advisory relationship;
- The Advisor agrees in the case of coaching in a corporate environment, to review and consider any conflicts of interest between advising and other management functions and to keep all information private and confidential in accordance with this Agreement, except as disclosure may be required by law;
- The Advisor agrees to identify and disclose any real or perceived conflicts of interest and shall offer to remove herself or himself in the event that a conflict of interest arises.
3. Client Duties and Responsibilities – The Advisor and the Client each acknowledge and agree to their respective duties and responsibilities under this Agreement, including the following duties and responsibilities of the Client:
- The Client and Employee Client, if any, shall be solely responsible for creating and implementing his or her own physical, mental, financial, educational and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship with the Coach, and the implementation of choices rests solely and exclusively with them; The Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the relationship;
- In a corporate environment, the Client and the Employee Client, if any, agrees to respect the Coach’s confidentiality and privacy obligations to any Employee Clients and shall not compel or pressure the Coach into disclosing or revealing any of the details of the services or the coaching relationship, except as agreed to in writing by the Employee Client; and
- The Client acknowledges that coaching does not involve the diagnosis or treatment of physical or mental disorders and that coaching is not to be used as a substitute for counseling, psychotherapy, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals.
Confidentiality – The Advisor agrees to maintain, use and store and dispose of any records, including any and all personal information collected from the Client, including electronic files and communications, created during the course of providing Coaching Services under this Agreement in a manner that promotes confidentiality, security and privacy and complies with all applicable laws, agreements and regulations. The Advisor will follow all applicable rules regarding confidentiality in accordance with any applicable codes of conduct and professional standards. The parties recognize that the Advisor-Client relationship is not considered a legally confidential relationship (such as with a physician or lawyer) and thus communications are not subject to the protection of any legally recognized privilege.
4. Privacy – The Advisor agrees to protect all personal information collected from the Client for the purpose of providing Advisory Services under this Agreement in accordance with applicable privacy legislation in the Province of Ontario and if applicable, the jurisdiction of the Client. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Coach for the purpose of delivering and administering the Advisory Services. The full privacy policy of the Provider is available here – Privacy Policy. In addition to receiving applicable Advisory Services correspondence via e-mail or other electronic communication, the Client expressly consents to receive any marketing correspondence from the Advisor upon signing this Agreement. The Client may unsubscribe from any such marketing lists without affecting access to the Advisoyr Services.
5. Limited License to Advisory Program Materials – The Advisor may use copyrighted materials and tools in the course of providing Advisory Services. The Client is granted a single-use, non-exclusive, non-transferable, revocable license to use such materials within the context of Advisory Services only. All ownership rights in any intellectual property related to the Advisory Services remain with the Advisor and the Client may not use or reproduce any of the content in any manner, without the express written consent of the Advisor.
6. Legal Disclaimer – Not Medical Advice – The Client shall be required to use their own judgment in applying the information provided in the Advisory Services to their own personal circumstances and may wish to get additional professional advice, including medical advice, where appropriate.
7. Legal Disclaimer – Technology – The Advisor shall not be liable for any losses or damages of any kind related to any websites, technology platforms or any other technology used in the delivery of the Advisory Services being unavailable or unusable for any reason whatsoever. The Client hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Advisory Services.
8. RELEASE AND INDEMNITY. The Client and the Employee Client, if any, each hereby agree to release the Advisor and their partners, employees, consultants, agents and licensors from liability, and in no event shall any or all of the Advisor and their partners, employees, consultants, agents or licensors be liable to the Client or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from the use of the Advisory Services (including any breach by you thereof), or otherwise relating to this Agreement and the Client and Employee Client if any, agrees that their sole remedy for any claim, loss, damage, costs or expenses is to terminate the Advisory Services. The Client and Employee Client if any, will indemnify and hold harmless the Advisor and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from their use of the Advisory Services or otherwise relating to this Agreement. The Client and Employee Client if any, will also indemnify and hold harmless the Advisor and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of the use of Advisory Services.
9. Governing Law and Jurisdiction. The Advisory Services are provided by the Advisor within the Province of Ontario, Canada. By accessing or using the Advisory Services, the Client and Employee Client if any, agree that all matters relating to your access to, or use of the Advisory Services shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Client agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Ontario, with respect to all matters relating to their access to and use of the Program.
10. Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Advisor regarding the Advisory Services, please e-mail the Advisor at wendy@launchitright.com.
11. Dispute Resolution – If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Advisor and the Client agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover legal fees and court costs from the other party.
12. 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.
13. Waiver – The failure of a 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 of this Agreement.
14. Entire Agreement – This is the entire agreement between the Client and Employee Client, if any, and the Advisor relating to the Advisory Services. Any amendments to this Agreement must be made in writing and agreed to in writing by all of the parties in a written or digital format.