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Terms & Disclaimers
JONATHAN HERZOG LLC COACHING AGREEMENT
This Coaching Agreement (the “Agreement”), dated (the “​Effective Date”), is entered into by and between Jonathan Herzog LLC, with an address of 390 NE 191 St Miami, FL 33179 (the “Coach”) and Client with an address of ________________ (the “Client”) (Coach and Client are collectively referred to as the “​Parties”).
The Parties agree as follows:
Services.
Coach will provide coaching services (the “Services”) to Client to develop Client’s professional, personal, and/or business goals and improve awareness and insight through coaching conversations. Client agrees to communicate honestly, be open to feedback and suggestions, and to be fully engaged in the Services. Client agrees to tell Coach expressly if they do not want coaching on certain topics.
Client understands and acknowledges that the coaching relationship does not establish a doctor-patient, attorney-client, counseling, accountant-client, or similar relationship of any kind between Client and Coach. Client understands that Services may explore different areas of Client’s life, including but not limited to business, professional, and personal matters. Client retains sole discretion about how to incorporate the Services into Client’s life.
Session Procedures.
The Parties agree to meet weekly (via GoogleMeet) on mutually agreed upon dates for up to 50 minutes per call for 4 sessions. Sessions expire 6 weeks after the date of this agreement. If Client wishes to extend the coaching relationship, both Coach and Client must agree in writing to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.
Client will notify Coach at least 48 hours in advance of any scheduled session that Client may need to cancel or reschedule. Missed/canceled calls without 48 hours’ notice are forfeit without refund. 

Fees and Term. Client agrees to pay $5,000 in full prior to the first coaching session. All fees for the Services are non-refundable.
The term of this Agreement will begin on the Effective Date and will continue until the Services have been performed, or unless Coach terminates this Agreement by providing notice in writing.
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Confidentiality.
Coach agrees to keep all information about the Coach / Client relationship strictly confidential unless Coach obtains permission from Client, or if the disclosure is made to Coach’s attorney, tax or financial advisor, or where disclosure is required by law, for example if Client threatens to harm himself or herself or others, or if a court orders Coach to disclose this information. Client acknowledges that Coach / Client communications are not covered by any doctor-patient privilege, attorney-client privilege, or other privilege. While Coach agrees not to disclose any information pertaining to Client that personally identifies Client without Client’s prior written consent, or as otherwise permitted above, Coach may disclose Client breakthroughs, themes, and victories in general, provided that such usage does not disclose Client’s identity or particulars.
Materials. Client agrees that all materials, including but not limited to lessons and worksheets, are Coach’s intellectual property. Client may complete and discuss materials only for Client’s personal, non-commercial usage. Client agrees not to copy, share, sell, or distribute these materials to anyone else.
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Limited Liability, Indemnity, and Disclaimer.
ALTHOUGH THE SERVICES OFFER INSIGHTS AND PROPOSE SUGGESTIONS, COACH MAKES NO PROMISES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES NEGOTIATED, AGREED UPON AND RENDERED. CLIENT AGREES THAT COACH IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS, OR FOR ANY DIRECT OR INDIRECT RESULT OF ANY SERVICES PROVIDED BY COACH.
IN NO EVENT SHALL COACH BE LIABLE TO CLIENT OR ANY THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, INTERRUPTION OR LOSS OF BUSINESS, AND DAMAGE TO GOODWILL OR REPUTATION. COACH’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, IS LIMITED TO THE AMOUNT OF THE FEES PAID BY CLIENT TO COACH UNDER THIS AGREEMENT.
Client agrees to defend, protect, and indemnify Coach and its owners, officers, employees, and agents from and against any and all claims, costs, losses, damages, liabilities, expenses, demands, and judgments, including attorney’s fees and court costs, which may, in any way, arise directly or indirectly out of Coach’s performance of the Services or for Client’s breach of this agreement or it’s (or any of its agents) violation of any applicable laws or regulations, including those arising from third parties, except to the extent such are caused by the sole fault or negligence of the Coach.
Coach does not provide any financial, legal, medical, or psychological services or advice. Coaching is not intended to be a substitute for professional advice that can be provided by Client’s accountant, lawyer, financial advisor, or medical professional. Client is responsible for its own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. Coach disclaims any liability for Client’s reliance on any opinions or advice received as part of the coaching relationship. Coach cannot and does not guarantee that the Services will provide any particular results, or financial or business outcomes. To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available” without warranty or condition of any kind. Client’s obligations under this section will survive the termination or expiration of this Agreement.
​Force Majeure. Coach shall not be deemed in breach of this Agreement if Coach is unable to complete or provide all of the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of Coach or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond Coach’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services or other accommodations or may terminate this Agreement.
General Provisions. This is the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter hereof. This Agreement supersedes all prior written and oral representations between the Parties. This Agreement may not be amended, altered, or supplemented except in writing signed by the Parties. If any provision of this Agreement is found to be invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited and the remainder of this Agreement will remain in full force. 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.This Agreement is legal and binding between the Parties. The Parties each represent that they have the authority to enter into this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Florida, without giving effect to any conflicts of laws provisions.
​Dispute Resolution. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties mutually agree that pursuant to the Federal Arbitration Act, and to the fullest extent permitted by law, any dispute or controversy that may arise between Client and Coach shall be submitted to final, binding, and confidential arbitration as set forth herein. Such arbitration shall be held in the closest major city where the Services were performed, or as otherwise mutually agreed, in accordance with the rules then in effect of the American Arbitration Association (which are available at adr rules). The prevailing party will be entitled to recovery of attorney and arbitrator fees in addition to the award. The Parties understand that each party’s promise to resolve claims by arbitration in accordance with the provisions of this Agreement, rather than through the courts, is consideration for the other party’s like promise. Client further understands that this offer of Services is made in consideration of such promise to arbitrate claims.
The Parties agree to the terms and conditions set forth above as demonstrated by the Parties signatures as follows:
COACH Signature: _________ Print Name: ___________ Jonathan Herzog LLC Date: ____________
CLIENT Signature: __________ Print Name: __________ Client Date: ____________
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