Terms of Business

 

As a coach it is important to be transparent. The agreement set out below reflects the usual terms of business upon which Peter Gourri Coaching and Consulting LLC trading as Peter Gourri Coaching operates with its clients.

This Client Service Agreement (this "Agreement") is made, and is effective, as of the date of execution by, between and among Peter Gourri of Peter Gourri Coaching and Consulting LLC, Company Number 0450642674 trading as Peter Gourri Coaching (hereinafter referred to as “PGCC”), 20 Beacon Way, Jersey City, NJ 07304-6135 USA ("PGCC") and [client name and address] (hereinafter referred to as The Client”).

1.              Scope of Services. PGCC agrees to provide the CLIENT with coaching services (the "Services")which shall include:

a)     Individual coaching for one person or employee – [insert name].

b)     The coach will be available for 24, 60 minute weekly virtual sessions for a duration of twelve months, effective and commencing [insert date].

Fees

  • In exchange for PGCC providing the Services, the CLIENT shall pay PGCC the sum of $[insert figure]US, per month which sum shall be due upon the signing of this agreement represent services provided in [insert dates of services].

  • If payment has not been received within 14 days of delivery of an invoice for payment, and at the discretion of PGCC, the balance will accrue interest at a rate of 2% per diem until payment.

 2.              Ownership of Materials. The CLIENT understands and agrees that all of the materials and information that PGCC shall provide and present to it in connection with PGCC providing of the Services under this Agreement (the "Materials") are the property of PGCC, and will, in many cases protected, be copyright, trade secret and/or other proprietary laws. The CLIENT also understands and agrees that this Agreement provides for the protection of the “Materials” presented that extends beyond federal, state, local and/or foreign copyright laws and/or treaties and that by signing this Agreement, the CLIENT shall be bound by the terms and conditions herein, even if such terms and conditions extend beyond such laws. 

The CLIENT shall not copy, modify, adapt, translate, rent, lease, sublicense, loan, resell for profit, distribute, time-share, or create any derivative works of the Materials nor allow or sell access to the Materials, or use the Materials for the benefit of, any distributor, reseller, sub licensor, aggregator, or remarketer of any kind, including any other coaches or course providers. The CLIENT shall not offer to a third party any sample or test on the Materials, including media, and to the extent any of the Materials are permitted to be reproduced shall reproduce the legends on any reproductions.

3.              Confidentiality. The CLIENT and PGCC agree and understand that all information discussed between Peter Gourri as the Coach and a CLIENT employee participant shall be kept in the strictest professional confidentiality to the fullest extent of, and in accordance with applicable law. PGCC shall only use a CLIENT employee participant's personal information and data in connection with PGCCrendering of the Services, and PGCC shall not share any of such personal information and data with any third parties except where authorized by the client.

4.              No Assignment. The CLIENT shall not assign or transfer its interest or delegate its obligations in the Agreement without the express written consent of PGCC.

5.              Applicable Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey. Any claim, action, or suit between the CLIENT and PGCC that arises out of or relates to performance of this Agreement shall be brought and conducted solely and exclusively within the courts of the State of New Jersey.

6.              Severability. If any term or provision of this Agreement is declared by a court of competent jurisdictionto be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not beaffected, and the rights and obligations or the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid.

7.              Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by acts of God, fire, pandemic or similar, riot or public disturbance, terrorism, domestic conflict or war (declared or otherwise), where such cause was beyond, both of the parties’ reasonable control.

8.              Merger and Integration. This Agreement constitutes the entire agreement and understanding between PGCC and the CLIENT as to the matters set forth herein and otherwise replaces any prior negotiations, proposed agreements - written or oral - or previously signed agreements as to those matters.

9.              Modification. No amendment or modification of this Agreement shall bind either party unless otherwise agreed and acknowledged in writing by both parties.

10.           Waiver of Contractual Right. The failure of either 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 with every provision of this Agreement. 

11.           Limitation of Liability.  Except for acts amounting to willful or intentional wrongs, neither Peter Gourri Coaching and Consulting LLC trading as Peter Gourri Coaching, nor their agents or employees shall be jointly, severally or individually liable to the Owner in excess of the proceeds of the available professional liability insurance coverage required under this Agreement.

12.           Successors in Interest. The terms, conditions, and provisions of this Agreement are binding upon, and shall inure to the benefit of, all assigns, successors in interest, and personal representatives of each of the parties hereto.

13.           Counterparts. This Agreement may be executed in any number of counterparts, each of which shallconstitute an original and all of which together shall constitute one and the same instrument.

14.           Captions and Interpretations. Paragraph titles or captions herein are inserted as a matter of convenience and for reference, and in no way define, limit, expand, extend, or describe the scope of this Agreement or any provision hereof.

15.           Voluntary Agreement. PGCC and the CLIENT acknowledge and agree they have read thisAgreement in its entirety, understand all of its terms and provisions, and sign this Agreement voluntarily of their own free will, while knowing it is a legally binding document and with the intent to be bound hereby.

PGCC and the CLIENT acknowledge and agree that no other party, nor agent or attorney for any other party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein, to induce them to execute this Agreement, and acknowledge they have not executed this Agreement in reliance upon any such promise, representation, or warranty not contained herein.

16.           Publicity. On the successful completion of this work, and with input and permission from the CLIENT, PGCC would like to list the CLIENT as a client and solicit testimonials to use in marketing materials. PGCC may also disclose the CLIENT’s testimonial to current or prospective clients of PGCC and to other third parties.

 

Print: [insert client name]

Authorized Signature: 

Print: [insert client name]

Date: [insert date]

 

Peter Gourri Coaching and Consulting LLC, 

Authorized Signature:                      

Print: Peter Gourri

Date: [insert date]