Homeschooling 101 Terms of Service
Thank you for your interest in working together. Please read this information carefully. The purpose of this Agreement is to set forth the details about working together so that we both are clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive, and comfortable. This Agreement is being made between Mary Ostrowski, Homeschooling Coach and Strategist (“Coach”), and you (“Client”). We both legally agree to the following:
This agreement, effective upon full execution, is for a 60 minute coaching call, the date of which will be determined mutually between Coach and Client. The fee for the call is due upon receipt of invoice in the amount noted in the invoice.
The services to be provided by the Coach to the Client are either in-person, video coaching, or tele-coaching, as designed jointly with the Client. Coaching will address Client’s homeschooling questions through the lens of their personal situation. Client enters into coaching with the understanding that Client is responsible for creating her own decisions and results. Coach is a Professional Homeschooling Coach with a background in education, school leadership, communication skills, event planning, business, training and public speaking. As requested, Coach may give specific advice or suggestions, however it is ultimately Client’s responsibility for making his or her own decisions determining the best course of action.
The coaching relationship is in no way to be construed as psychological counseling or any type of psychotherapy. In the event that the client feels the need for professional counseling or therapy, it is the responsibility of the client to seek a licensed professional.
Cancellation and Rescheduling:
Showing up for your coaching session is very important because it shows commitment to yourself and the work you are doing for your family. Further, it shows respect for both your time and my time, so I have a very firm cancellation policy. If you need to cancel the coaching session for any reason, you must do so at least 24 hours in advance (although 48 hours is preferred) and can do so by emailing email@example.com. If you cancel or need to reschedule your coaching call, it must be rescheduled within 2 weeks of the original date, or it is forfeited. If a true emergency occurs, please email or call me immediately, and in my sole discretion, I will determine whether the coaching call may be rescheduled; otherwise, it is forfeited.
Coach wants Client to be happy with the coaching session. However, if for some reason Client is not satisfied and wishes to not proceed with the coaching session at any time, Client may notify the coach in writing (electronic communication is acceptable). Because Coach will have invested considerable time and effort in Client and the coaching session, should Client decide to withdraw for any reason whatsoever, Client shall remain fully responsible for the full cost due under this Agreement and no refund will be provided.
Our coaching relationship is completely confidential. Coach recognizes that Client may disclose future plans, educational affairs and personal and financial information. Coach will not at any time, share this information with a third party. Coach realizes that Client may have future plans, educational dealings and proprietary information. Coach will not at any time, either directly or indirectly, use any such information for Coach’s own benefit.
Coach will not divulge that Coach and Client are in a coaching relationship without express consent of Client (which may be delivered by Client electronically). Client, of course, is free to discuss the coaching relationship with anyone at any time.
This confidentiality statement is intended to be as confidential as the applicable state or federal laws allows. The coaching relationship is not privileged and, as such, Coach’s records regarding work with a Client can be subpoenaed.
Throughout the coaching call, the coach will engage in direct and personal conversations. The client can count on the coach to be honest and straightforward in asking questions and making requests. The client understands that only the client can grant the power of the coaching relationship, and the client agrees to do just that: have the coaching relationship be powerful. If the client believes the coaching is not working as desired, the client will communicate that belief and take action to return the power to the coaching relationship.
Intellectual Property Rights
Coach retains all ownership rights to the materials provided to Client through Client’s participation in the coaching session. The copyrighted and original materials provided to Client are for Client’s individual use only and are provided with a single-user license. Client is not authorized to share, copy, distribute, or otherwise disseminate any materials received from Coach electronically or otherwise without Coach’s prior written consent. All intellectual property, including the copyrighted materials, shall remain Coach’s sole property and no license to sell or distribute or materials is granted or implied. Client agrees to not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the coaching call including any of the materials.
Other Important Terms
Coach reserves the right to terminate this Agreement if Client does not pay the fee before the coaching session. Coach also reserves the right to terminate this Agreement if Client misses the coaching session without providing proper notice. All terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms as written above, will still apply even after termination by either of us.
All correspondence or notice required regarding the Program should be made to Coach at Mary@TheDrizzleEffect.com and to Client at the e-mail address you provided during your enrollment in the coaching session. Should your e-mail address or contact information change at any time before and/or after your coaching call, it is your responsibility to provide your new contact information to Coach within 72 hours of any such change.
Client shall indemnify and hold Coach harmless from any loss or liability arising from actions taken or situations created as a result of the coaching relationship.
Entire Agreement, Assignment, Survivability and Waiver:
This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. In the event that any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining portions of the Agreement which shall be severed and remain in full force. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.
This agreement shall be construed according to the laws of the State of Maryland. If any portion of this agreement shall be held to be invalid by a court of competent jurisdiction all remaining provisions will remain in full force and effect.
It is hoped that should we ever have any differences, we could be able to work them out through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must submit your complaint to me with full details about your dissatisfaction with your Program via e-mail at Mary@TheDrizzleEffect.com. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other type of damages may be granted to you. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Anne Arundel County, Maryland, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage the Program or me. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
I understand that I am working with Mary Ostrowski for professional coaching at the agreed fee. Professional coaching is distinctly different from counseling, psychotherapy or psychoanalysis and does not deal with the diagnosis or treatment of emotional problems. Since professional coaching does not constitute medical consultation or treatment, health insurance does not apply. These fees may be considered deductible educational expenses. Client should verify this with their personal accountant. By paying the invoice for the services outlined in this Agreement, we are both acknowledging that we have read, understand, agree to and accept all of the terms in this Agreement. Your coaching call will not begin until this document has been received, and your initial payment (invoiced separately) has been made.