My Empowered Career Coaching and Success Circle Participation

This Agreement is entered into by and between the following parties: 

Stephanie Freiboth, owner of My Empowered Career, also referred to as “Coach” in this agreement

AND

Success Circle Member (Client), individual consenting to the terms of this agreement. 

My Empowered Career and Client may be referred to collectively as the “Parties.”

Description of Coaching

Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach(es) and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

RECITALS 

The My Empowered Career Success Circle is a group coaching environment for people seeking career clarity that provides career and job search tools/resources in a virtual setting with access to expert support from the Coach.  

Client seeks to enter the My Empowered Career Success Circle and acknowledges and agrees to be bound by the terms and conditions listed below; 

The Parties agree as follows:

1. CLIENT TERMS

This agreement sets forth the terms and conditions between the Success Circle Client and Coach that govern the Client’s access to the use of the My Empowered Career materials and services. By signing this agreement and by accessing or using any of the coaching materials and services, you agree to be bound and abide by the terms of this agreement, including the arbitration and limitation of liability provisions. Be sure to read this agreement carefully prior to utilizing any of My Empowered Career materials and services. 

2. THE MY EMPOWERED CAREER SUCCESS CIRCLE MONTHLY MEMBERSHIP

The membership provides the following at varied times and cadence:  training and workshops both live and recorded, connection calls, live coaching opportunities and self-paced tools and resources.  Additional 1:1 coaching sessions are available at the standard rates and availability.

3. RESULTS NOT GUARANTEED

1. Coach does not guarantee results from the coaching, trainings, and content included in this Coaching Program. Coach does not claim to be or act as a licensed psychologist, financial advisor, business expert, religious authority, counselor, or health care provider and represents that she cannot guarantee individual results from her teachings and methods. 
2. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with Coach. As such, the Client agrees that 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. Client understands 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 he/she may terminate or discontinue the coaching relationship by cancelling subscription.  Access will be terminated up to 24 hours prior to the next scheduled auto payment.  
4. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. 
5. 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 coaching sessions. 

4. SERVICES

1. The parties agree to engage in virtual mentorship using the Success Circle Community page. Coach will be available to Client through the Success Circle Community group. 
2. Investment: Client agrees to payment at the execution of this Agreement and as required thereafter. Client will pay such fees electronically, via recurring Kajabi payment.  The payment structure is as follows: $49.00 per month.  Monthly service is billed on the same date each month (e.g. start services on Feb 3, the next payment will be withdrawn on March 3).  Services will start after payment is received by My Empowered Career.  
3. Procedure: Coach and Client will engage via the Success Circle Community page. Dates and times of events will be posted and updated regularly based upon need and availability. 

5. 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 confidential.  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 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. 

Confidentiality from other members is requested and highly encouraged.  My Empowered Career is not responsible for other members sharing information outside the group. 

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 his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. 

6. TERMINATION

This agreement shall become effective upon the Client’s enrollment in, and payment for, the Success Circle.   Client or the Coach may terminate this Agreement at any time with written notice to hello@myempoweredcareer.com (from client) or client's email (from Coach or affiliate email of My Empowered Career or The Success Circle). Upon cancellation, the Client’s access to all Success Circle services, materials, and community features will end within twenty-four (24) hours prior to their next scheduled billing date. No further payments will be processed after cancellation takes effect. Agreement not intended to be cancelled solely because Client finds employment. Coaching services are intended for long term career growth.

All fees paid prior to the effective cancellation date are non-refundable. Coaching services within the Success Circle are intended to support long-term career and leadership development and are not prorated based on usage. 

This Agreement may be immediately terminated in the event that there is a breach of the terms of this Agreement by either Party.  Refund will not be issued in the event of Client breach of this Agreement. 

7. RELEASE

Client hereby releases My Empowered Career from any claims, demands, damages, or other legal action, which may arise from Client’s dispute with any other Client.

8. LIMITED LICENSE

Client acknowledges and agrees that My Empowered Career and The Success Circle name, services, and any logos, designs, texts, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Stephanie Freiboth, and its affiliates, licensors, and suppliers.

Client expressly agrees not to do anything inconsistent with Stephanie Freiboth’s ownership of the intellectual property discussed herein. Client further agrees that there are no rights, title, or interest to any My Empowered Career content and services, except as stated in this Agreement. Client is not conveyed any right or license by implication, estoppel, or otherwise under any patent, trademark, copyright, or other proprietary rights of Stephanie Freiboth or any third party. 

Stephanie Freiboth grants Client a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Program, and any related software, content, equipment, or other materials FOR PERSONAL, NON-COMMERCIAL USE ONLY. Client agrees not to share access to the Program with any third party. Client is prohibited from selling, reselling, or making commercial use of the Program, unless Client has specifically executed an agreement with Stephanie Freiboth that expressly allows for such activity. Accessing the program does not give Client ownership of any intellectual property rights in the Program. 

You acknowledge and agree that My Empowered Career and any related resources or materials constitute the sole and exclusive property of Stephanie Freiboth. You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the materials, without the express prior written consent of Stephanie Freiboth. In the event that you are licensed or otherwise authorized to use any Materials, you agree to name My Empowered Career and Stephanie Freiboth as the source of your information. 

9. CLIENT CONSENTS

Client agrees and verifies that all of the information they have provided to Stephanie Freiboth and its representatives is accurate and current. Client agrees and verifies that if they have omitted any necessary personal information, whether knowingly or unknowingly, they will hold Stephanie Freiboth harmless against all liability for any damages that may occur to Client or others because of Client’s actions or inactions. Client agrees to notify Stephanie Freiboth of any changes or upcoming changes concerning their personal information. 

10. INDEMNIFICATION 

Client agrees to indemnify Stephanie Freiboth/MyEmpowered Career and hold it harmless against any and all legal claims, demands, actions, liabilities, losses, damages, judgements, settlements, costs, and expenses, including reasonable attorney’s fees, which may arise from or relate to Client’s use or misuse of the activities, Client’s breach of this agreement, or Client’s conduct or actions, including, but not limited to the following:

1. Client’s performance of, or failure to perform under the agreement; b. Client’s breach of any representation, warranty, or obligation under the agreements; c. Client’s improper use of program materials; d. Client’s violation of any copyright, patent, trademark, trade secret, and/or other intellectual property rights. 
2. LIMITATION OF LIABILITY

In no event shall Stephanie Freiboth’s liability arising out of or related to this agreement, whether in contract, tort, or any other theory of liability, exceed the cost paid by you and received by Stephanie Freiboth at the time of the first instance giving rise to the liability. Notwithstanding and subject to the foregoing, in no event shall Stephanie Freiboth have liability to you for any indirect, incidental, punitive, consequential, or special damages of any kind or nature however caused, whether in contract, tort, or any other theory of liability. 

12. REPRESENTATION 

Client certifies and warrants that she/he is 18 years of age or older and mentally competent to enter into this Agreement.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between Client and Stephanie Freiboth with respect to any and all use of the Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties. 

14. SURVIVAL 

Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement. 

15. SEVERABILITY

If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect. 

16. DISPUTE RESOLUTION 

In the event of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute in good faith. If this resolution attempt fails, the Parties shall submit the dispute to binding arbitration. Arbitration shall be conducted by a single arbitrator. The arbitrator shall be bound by applicable governing federal law as well as the law of Wisconsin. Each party shall pay their own costs and fees. Claims that may necessitate arbitration include but are not limited to contract claims, tort claims, claims based on federal, state, and local laws, ordinances, statutes, or regulations. Intellectual property claims by Stephanie Freiboth will not be subject to arbitration and may, as an exception, be subject to litigation. 

17. GOVERNING LAW 

This agreement shall be governed by and construed in accordance with the laws of Wisconsin.