COACHING CLIENT AGREEMENT
Sandra Dee Robinson, Charisma On Camera LLC
​​​​​​​12400 W Hwy 71 #350-415 
Austin TX 78738
1. SERVICES
1.1. Client hereby retains Charisma on Camera and Charisma on Camera hereby agrees to perform the following services: Media prep/ presentation coaching/ business coaching and/ or Multimedia production.
2.    TERM
2.1. This Agreement shall commence on the date stated above, and shall remain in effect until all obligations under this Agreement have been properly completed. Either party may terminate this Agreement without cause by providing written notice to the other party. 

2.2.  Upon termination of this Agreement by either Party, these termination procedures shall be followed:
1) Charisma on Camera will provide Client with a final invoice setting forth the balance of any unpaid work up to the point of the Agreement’s termination;
2) Client must pay the balance of the final invoice within thirty (30) days of its receipt;

3.    SERVICE ENGAGEMENTS & INVOICING
3.1. Client shall pay for 100% of services upon scheduling a single session. Receipt of payment shall be delivered to Client prior to the scheduled session.

3.2. 
Service Appointment Cancellation Charges/Rescheduling

3.3.1 Once a session is scheduled, Client will not be allowed to cancel later than 24 hours before the start of the session. Charisma on Camera will be paid in full for the session(s) regardless of circumstances.

3.3.2 If Charisma on Camera needs to reschedule, Charisma on Camera must notify Client within 48 hours or as soon as possible, suggesting an alternative time to perform the session. Charisma on Camera rescheduling does not defer payment for the original session, and Client will not be billed for rescheduling. Charisma on Camera shall not be penalized or reprimanded for rescheduling a session.

3.3.3 Sessions will start at their scheduled time. Late start sessions are not allowed. Block- hour engagements will start and end as scheduled: NO EXCEPTIONS.

3.4. ReimbursableExpenses   
All expenses in excess of $100 and all travel plans must be approved in writing by Client. Mileage by car shall be reimbursed at the rate of .55 cents/mile if location is over 60 miles from the Charisma on Camera office. Reasonable and necessary business and travel expenses incurred by Charisma on Camera shall be provided to Client on an expense report. Charisma on Camera shall be reimbursed by Client for all expenses within thirty (30) days of Client’s receipt of the expense report. Client has fifteen (15) days from the date of its receipt of the expense report to object to previously unapproved expenses. If the Client does not object to the expenses within fifteen (15) days from receiving the expense report, it loses its right to object thereafter.  If the Client objects within the fifteen (15) day time period, it must provide a reasonable rationale as to its objection. If a dispute exists as to some of the expenses incurred, Client is still obligated to pay the undisputed balance of the expenses within thirty (30) days of receipt of the expense report.

4.    PAYMENTS
4.1 All payments are to be made by check, PayPal or credit card.

4.2 ALL COLLECTION COSTS including Administrative time, Legal Costs, Mailing, etc. are billable to Client, example: Bounced Check, or Charge Backs.

4.3 A 1.5% interest charge will be applied to any unpaid balance after its due date until payment is received in full.

5.    CONFIDENTIALITY & PRIVACY STATEMENT
5.1. This Agreement creates a confidential relationship between Charisma on Camera and Client and information concerning Client’s business affairs, customers, vendors, finances, properties, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as "Confidential Information." All video footage will be confidential, and no footage is stored by COC or sold to any outside party.
6.    DISCLAIMER OF SERVICE
6.1. Charisma on Camera will strive to provide the highest quality service based on research performed in our office, available literature, and experience in the field. Client shall pay for this research, knowledge, and experience on an hourly basis. When working on computer systems, hardware and software complications are inevitable. Charisma on Camera cannot guarantee that its computer systems will be trouble free. Such disruptions will not impede Charisma on Camera from continuing to provide services, and Client agrees that it will not make a claim against Charisma on Camera for such disruptions in technology availability.
7.    WARRANTIES
7.1. Charisma on Camera represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client's satisfaction.

7.2. Client will have one (1) day from the time that service was performed to notify Charisma on Camera of any issues related to service provided. ALL CLAIMS MUST BE MADE IN WRITING VIA EMAIL OR FAX AND RECEIVED WITHIN TWO (2) DAYS OR THEY ARE FOREVER WAIVED.
8.    LIMITATION OF LIABILITIES
8.1. IN NO EVENT WILL CHARISMA ON CAMERA OR ANY OF ITS AGENTS, EMPLOYEES OR SUB- CONTRACTORS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE PERFORMANCE OF ANY SERVICES OR PROVISION OF ANY MATERIALS OR EQUIPMENT UNDER THIS AGREEMENT, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF CHARISMA ON CAMERA, ANY OF ITS AGENTS, EMPLOYEES OR SUB- CONTRACTORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHARISMA ON CAMERA'S LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SERVICES OR OTHER MATERIALS OR EQUIPMENT UNDER THIS AGREEMENT.
9.    NON-DISCLOSURE
9.1. Charisma on Camera agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Client all documents, papers and other matter in its possession or control that relate to Client. Charisma on Camera further agrees to bind its employees and subcontractors to the terms and conditions of this Agreement.

9.2. Charisma on Camera agrees that its work product produced in the performance of this Agreement shall remain the exclusive property of Client, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without Client's prior written consent. Any rights granted to Charisma on Camera under this Agreement shall not affect Client's exclusive ownership of the work product.
10.    GENERAL PROVISIONS
10.1. Relationship of the Parties. Nothing stated in this Agreement shall be deemed to create the relationship of partners, joint ventures, employer-employee, master-servant, or franchiser-franchisee between the parties hereto.

10.2. Independent Contractor Status. Charisma on Camera is an independent contractor and not an employee, Client or partner of Client. Nothing contained herein shall be deemed to create any relationship between the parties other than that of principal and independent contractor.  Neither Charisma on Camera nor any employee shall have the right, power, or authority to create any contract or obligation, express or implied, on behalf of, in the name of or binding on Client. Charisma on Camera shall insure that each employee is aware that he/she does not have the right, power or authority to bind Client.

10.3. Force Majeure. Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failure(s), earthquakes, or other disasters.

10.4. Survival of Certain Provisions. The warranties, indemnification obligations, and confidentiality requirements set forth in this Agreement shall survive the termination of the Agreement by either party for any reason.

10.5. Notices. All notices and demands of any kind which either party to this Agreement may be required or may desire to serve upon the other in connection with this Agreement shall be in writing and may be served personally or by prepaid registered or certified United States mail or private mail service (for example, Federal Express or DHL), in either case to the addresses set forth at the beginning of this Agreement.

10.6. Either party may, by notice in writing, designate a different mailing address or a different person to which following such service all further notices or demands are thereafter to be addressed.

10.7. Headings. The titles and headings of the various sections and paragraphs hereof are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify, or place any construction upon or on any of the provisions of this Agreement.

10.8. Governing Law.  This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas If any claim, legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of a dispute, breach, default or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys fees and other costs incurred in that claim, action, or proceeding, in addition to any other relief to which such partly may be entitled.

10.9. Arbitration of Disputes. All claims or disputes arising out of or relating to this Agreement, or to the Services, and/or Materials and/or Equipment to be provided under this Agreement ("Arbitrable Claims"), shall be resolved by binding arbitration before a single neutral arbitrator pursuant to the Rules of the California Arbitration Act, C.C.P. §§ 1280 et seq.("Act"). All rules of pleading (including the right to demurrer and to strike), all rights to discovery, all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings and judgment under California Code of Civil Section Procedure 631.8 shall be available to the parties just as they would be in a court of law. The arbitrator will have the sole and exclusive right to determine all issues in dispute, including the arbitrability of this provision. Arbitration shall be final and binding upon the parties, and shall be the exclusive remedy for all Arbitrable Claims. Either party may bring an action in court to compel arbitration under this Agreement, and to enforce an arbitration award.

Otherwise, neither party shall initiate or prosecute any lawsuit or administrative action in any way related to any Arbitrable Claim. Notwithstanding the foregoing, either party may, at its option, seek injunctive relief pursuant to section 1281.8 of the California Code of Civil Procedure. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS, INCLUDING WITHOUT LIMITATION ANY RIGHT TO JURY AS TO THE MAKING, EXISTENCE, VALIDITY, OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE.

10.10. Severability. Should any provision or part of any provision of this Agreement be void or unenforceable, such provision, or part thereof, shall be deemed omitted, and the Agreement, with such provision or part thereof omitted, shall remain in full force and effect.

10.11. Waiver. No waiver of any provisions of this Agreement or of the rights and obligations of the parties shall be effective unless in writing and signed by the party waiving compliance.  Any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

10.12. Nonexclusive. Charisma on Camera is not required to devote its services to Client exclusively, and is not precluded from engaging in any other business activity during the term of this agreement.

[bot_catcher]