Cody Cutler Career Coaching Client Agreement
This Agreement is entered into by and between: Cody Cutler Creative LLC (Coach) and you, the client, (Client) whereby Coach agrees to provide Career Coaching Services and/or Career Document and Profile services for Client. These services may include all or only some of the following depending on the package or service purchased by the Client: Resume Writing, LinkedIn Profile Optimization, Cover Letter Preparation, Networking Strategy, General Career Coaching, and Interview Preparation.
Description of Coaching (Networking, General, Interview Preparation): Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It 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.
Description of Writing Services (Career Document Writing, LinkedIn Profile Optimization): Career Document Preparation and/or Career Profile Optimization is a service provided by the Coach to the Client. The Coach will write, create, adjust, or optimize career documents (such as resumes or cover letters) or career profiles (such as LinkedIn Profiles) to enhance their effectiveness in aligning with the Applicant Tracking System (ATS) or the LinkedIn Algorithm.
1) Coach-Client Relationship
A. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.
B. The client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach or services provided. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. The client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. Furthermore, the client acknowledges that any and all success in the job search lies with them. The coach will teach, coach, and provide resume and LinkedIn writing services, but any and all success in the job search lies with the client. The Coach will not be held responsible for either the success or failure in the client obtaining a job.
C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
D. The client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
E. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the program.
2) Services
The parties agree to engage in a Coaching Program and/or Services on a schedule that will be determined between the two parties through Internet and telephone meetings. The coach will be available to the Client by e-mail and voicemail in between scheduled meetings as defined by the Coach. The coach may also be available for additional time, per the Client’s request on a prorated basis rate of $89/hr (for example, reviewing documents, reading or writing reports and other copy, engaging in other Client-related services outside of coaching hours).
3) Schedule and Fees
A. This coaching agreement is valid as of digital signing by the client. All applicable fees are due in advance of services and at the time of scheduling. If rates change before this agreement has been signed and dated, the prevailing rates will apply.
B. The Client acknowledges and agrees that all coaching sessions and services will be conducted on weekdays during business hours, based on the Coach's schedule, which may be subject to change without prior notice. The Client further acknowledges and understands that the Coach is not an on-call employee and may not be immediately available in the event of employment emergencies or last-minute resume requests by employers.
The Client understands that new resumes will be provided within three business days following the initial resume meeting. Resume adjustments, cover letters, and LinkedIn Optimizations will be completed within one business day from the time both the Client and the Coach agree to commence work on the document or profile. All documents and services will be delivered to the Client by 5:00 pm MDT on the designated business day.
The Coach reserves the right to decline requests for expedited document or profile services. In the event that an expedited timeline is accepted, a nominal fee of $150 will be applied for rush jobs on weekdays and $200 for rush jobs on weekends. The Coach also reserves the right to decline requests for coaching sessions outside of regular business hours or outside of the Coach's scheduled availability.
4) Procedure
The time of the coaching meetings and/or location (whether virtual or other) will be determined by Coach and Client based on a mutually agreed upon time and method. The Client will initiate all scheduled calls and will call the Coach at the following number for all scheduled meetings 801-793-8724 unless a video call is indicated. If the Coach will be at any other number for a scheduled call, the Client will be notified prior to the scheduled appointment time.
5) Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions), and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
6) Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings of a cancellation. The coach reserves the right to bill the Client for a missed meeting. The coach will attempt in good faith to reschedule the missed meeting.
7) Termination Either the Client or the Coach may terminate this Agreement at any time with written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
10) Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
11) Entire Agreement
This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both the Coach and the Client.
12) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice is given.
Client agrees to insure and hold Coach, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise.
13) Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is 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.
14) Waiver
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.
15) Applicable Law
It is at the mutual agreement of both Client and Coach with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Utah without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between Client and Coach, shall be filed within the courts having jurisdiction within the County of Salt Lake, Utah or the U.S. District Court located in said state. Client and Coach agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
16) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.