Services Agreement

Congratulations! I am excited to have you come into this program provided by Executive Forge Coaching, LLC. I can’t wait to get started supporting your professional and personal growth.

Please read the following agreement carefully so that you know exactly what to expect.

Client Ground Rules

  • As a client, I understand and agree that I am fully responsible for my physical, mental and emotional well-being during my coaching calls, including my choices and decisions.  I am aware that I can choose to discontinue coaching at any time.
  • I understand that “coaching” is a Professional-Client relationship I have with my coach that 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.
  • I understand that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association.  I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and I will not use it in place of any form of diagnosis, treatment or therapy.
  • I understand that information will be held as confidential unless I state otherwise, in writing, except as required by law.
  • I understand that certain topics may be anonymously and hypothetically shared with other coaching professionals for training OR consultation purposes.
  • I understand that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals.  I will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters.  I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my sole responsibility.
  • I understand that my coach is in process of obtaining a higher-level certification through the International Coach Federation and therefore keeps a coaching log with client hours as part of his certification.  Therefore, I understand and agree that my coaching hours will be contained in that confidential log to be used for certification purposes only. 

On Results, Refunds, And Relationships

This coaching relationship is a place to openly bring your challenges, ideas, and goals. My focus is to help you make more progress towards these goals than you would make on your own. His role is that of a coach, consultant, and thought partner. I agree to readily offer my guidance to ensure that you are focused on the right things.

You agree to give 100% to this coaching relationship, knowing that you are ultimately responsible for your business results. Your return on investment from this program will be determined by your level of effort and from factors outside of our control. 

Relationships are built on communication. If you ever feel that you are not getting what you signed up for, please communicate that directly to me so that I can make reasonable adjustments. I may also provide you feedback during the program in an effort to help you maximize your investment.

In the many years I’ve been coaching, I’ve only had a small number of clients request a refund. To say it’s rare is an understatement. I may issue refunds on a case-by-case basis provided I receive requests within five (5) calendar days of your kick-off call. No refunds will be issued after your first week of coaching. 

Taking a Pause

I do not encourage nor allow people to take a pause. That said, life has a way of throwing us curve balls. If there’s an emergency, I invite you to approach me straight away and to be as candid as possible. Fair warning: since I serve a limited number of people at a given time, we cannot guarantee that your coaching can restart right away when you are ready. Please contact me to discuss the details and to schedule a restart date.

Intellectual Property Rights And Attribution

All program materials, including the pre-recorded training videos, private coaching calls, messages, any group coaching call presentations, and other communications, will remain the sole property of Executive Forge Coaching, LLC subject to your rights to a non-assignable single user license to use in your coaching business upon payment in full of the program fee.

You shall not reproduce any of the materials without Art’s prior written consent given in his sole discretion. In all cases you shall attribute the material to Art Akerman.

You grant Art perpetual permission and license to use quotes you make during and after the program without compensation, as long as you have first given your written consent of usage. At the end of your contract period, you will have the opportunity to create a client case study. This allows us to improve our service and share your story with others.

What Happens In The Case Of A Default Or Dispute

We agree that, with respect to money damages for uncured breach of this Agreement by Executive Forge Coaching, LLC, damages are difficult to ascertain with certainty. Therefore, the parties hereto agree that the maximum recovery, if Executive Forge Coaching, LLC is found to be in default in the performance of the terms of this Agreement, whether in contract, tort or otherwise, shall not exceed 100% of the total compensation paid for the program. Under no circumstances shall Executive Forge Coaching, LLC be liable for consequential or special damages. Violations of intellectual property rights under this Agreement may be remedied by equitable relief such as an injunction.

In the event of any dispute arising hereunder among the parties, and if the same is not settled within thirty (30) days, then either party may demand that the dispute be submitted first to confidential mediation in accordance with the Rules of the American Arbitration Association, or an ADR provider mutually agreed upon by the parties (“AAA”) for commercial disputes then in effect, with the mediator selected by AAA. If said mediation fails to resolve the dispute within thirty (30) days after said election, then the dispute shall be submitted for a confidential binding decision to an arbitrator selected by AAA. The parties to the dispute shall proceed with expedited arbitration in accordance with the Rules of the AAA for commercial disputes then in effect, and the decision may be enforced by a court proceeding. The parties shall each bear equally the cost of the mediator or arbitrator conducting the proceedings which shall be held in the headquarters city of Executive Forge Coaching, LLC. Nothing herein shall be construed as eliminating the right of a party to bring an action for injunctive relief.

Miscellaneous

If any provision of this Agreement or any portion thereof shall be held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements between the parties. This Agreement can only be modified by an instrument signed by both parties. The captions herein are for convenience only. This Agreement shall not be interpreted against the drafter. 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 compliance with every provision of this Agreement. Electronic signatures shall be considered originals. This Agreement shall be governed by the laws of state of Executive Forge Coaching, LLC’s headquarters.

These provisions shall survive termination of this Agreement.

Conclusion

Working with you is a privilege. There are many coaches out there to hire and many ways to invest your time. I am honored that you chose me.

Effective as of 11th October 2024