COACHING SERVICES ENGAGEMENT LETTER
This Engagement Letter (“Engagement Letter”) is made and entered into by and between Sampson12 LLC (“Sampson”) and you (the “Client” or “you”) as of the date this Engagement Letter is executed or otherwise entered into by you in accordance with the terms herein by you (the “Effective Date”). This Engagement Letter is incorporated into the Terms of Service Agreement available at https://sampson12.com/termsofservice (the “Agreement”). Capitalized terms used herein, but undefined will have the meaning given to such term in the Agreement.
BY REGISTERING FOR, USING AND/OR RECEIVING SERVICES FROM SAMPSON, OR BY CLICKING THE “I ACCEPT” OR SIMILAR BUTTON, YOU AGREE TO THE TERMS OF THIS ENGAGEMENT LETTER.
1. Term
The duties and obligations of both the Client and Sampson shall commence on the Effective Date and continue for a period of one (1) year thereafter (the “Initial Term”). Thereafter, this Engagement Letter will automatically renew for successive one (1) year periods (each, a “Renewal Term”, and together with the Initial Term, the “Term”), unless either party provides at least thirty (30) days’ notice prior to the end of the Initial Term, or Renewal Term, as applicable, of its intent to terminate this Engagement Letter. Notwithstanding the foregoing, Sampson may require you to consent to an updated Engagement Letter in a specified manner prior to each Renewal Term before any Bookkeeping Services for the then current Renewal Term may be provided. This Engagement Letter may be terminated by either party by giving a thirty (30) day written notice in accordance with the Agreement. Furthermore, either party may terminate this Engagement Letter for cause in the event the other party breaches any material term and fails to cure such breach within seven (7) days of the non-breaching party’s notice thereof.
2. Scope
Subject to the terms and conditions of the Agreement, including the payment of applicable fees, Sampson agrees to provide the following coaching services during the Term (“Coaching Services”):
One-time:
(1) Assessment of your business to determine the right plan and course of action,
(2) Training and setup call to help you set up necessary tools and tracking templates for your business
Ongoing:
(1) Going through your business details and transactions
(2) Monthly reporting processes
(3) Coaching templates
(4) Strategic business insights and plans
Additional:
(1) From time to time, the parties may agree to additional Coaching Services, which shall be subject to the terms of this Engagement Letter, by executing a mutually agreed upon written (electronic acceptable) addendum that references this Engagement Letter. Such additional services may be subject to additional fees.
3. Out of Scope
In no event will the Coaching Services include, without limitation:
– Sending or paying your invoices
– Calculating taxes
– Processing payroll payments
– Fulfilling orders
– Bookkeeping services
4. Client Obligations
Cooperation and Access to Information
Client acknowledges and agrees that Sampsons performance hereunder is conditioned upon Client’s performance of its obligations herein and reasonable cooperation. Client agrees to provide Sampson with any information and permissions reasonably requested by Sampson in order to perform the Coaching Services. Without limitation, Client will either (i) provide Sampson with electronic transaction access to its bank accounts and credit card accounts, or (ii) provide Sampson with its monthly statements related to its bank accounts and credit cards. Sampson acknowledges information is the confidential information of Client, and will use such information and/or access solely for the purpose of performing its obligations herein. In the event Client provides Sampson with electronic access to its bank accounts and/or credit card accounts, Client represents and warrants that it has all rights necessary to grant Sampson access to such accounts, and that Sampson’s use of such accounts will not require Sampson to pay any fees.
Do Not Commingle Funds
Client acknowledges that Sampson’s performance of its obligations herein, and any advice or information provided by Sampson in connection with the Coaching Services is based upon the information provided and made available by Client. Client further acknowledges that in the event Client commingles its business accounts with its or its spouse’s personal accounts and expenses, that Sampson cannot accurately perform the Coaching Services. As such Client, agrees that it shall not commingle any business accounts or expenses with any of Client’s (or its spouse’s or other third party’s) accounts or expenses.
5. Treatment of Personal Information
Sampson will collect, store, process and disclose any information you provide in connection with this Engagement Letter in accordance with Sampson’s privacy policy available at https://sampson12.com/privacy.
6. Disclaimer
Sampson will not perform an audit or review of your financials or any other related documents you may provide. All advice and information made available by Sampson in connection with the Coaching Services is based on the information you provide to Sampson, and the Coaching Services cannot be relied upon to discover errors, fraud, defalcations or other irregularities, should any exist. We will not audit or otherwise verify the information you submit, although we may ask you for clarification of some of the information. Sampson is not responsible for any information or advice given based on any inaccurate, untrue, incomplete or out-of-date information provided by you. You are solely responsible for your acts and omissions related to the Coaching Services
7. No Guaranteed Results or Responses.
Sampson does not make any representation or warranty that the Coaching Services will be appropriate for your needs or suitable for your business. Sampson does not guarantee and expressly disclaims any particular results. Since the Coaching Services are based on the information you provide, Sampson does not warrant that the Coaching Services will be timely, accurate, current or complete. Sampson may make available third party communication tools to enable you to communicate with our coaches, but Sampson makes no representation or warranty that such tools are secure or that our coaches will be able to respond to you in a timely manner.
8. General
Client acknowledges and agrees that the Agreement https://www.Sampson.com/terms-of-service is incorporated herein by reference, and that the terms thereof shall apply to the performance of each party’s obligations herein, including, without limitation, the sections relating to Limitation of Liability, Indemnification and Arbitration.