Client Agreement
Collectively, EAP Media Int’l (PO Box 160404 — Nashville, TN 37216; hi@petersonconsulting.group) known as “Peterson Consulting Group”, “PCG”, or “Coach” and customers of said business (known as “Clients” or “Client”) entering this Agreement will be referred to as the “Parties”.
Client wishes to hire PCG to provide services relating to Client’s coaching needs, as detailed in this Agreement. PCG has agreed to provide such services according to the terms of this Agreement.
Clients have the right to DIGNITY & RESPECT. Clients have a right to the same consideration and treatment as anyone, regardless of sex, gender, race, religion, color, economic status, age, sexual preference or beliefs. Students can expect that all community members and PCG staff will adhere to the professional code of ethics and standards of conduct for their respective disciplines.
Clients have the right to PROFESSIONAL SERVICES. PCG provides Clients with the services corresponding to the subscription product purchased on a monthly or annual basis (“Services”). The total cost (“Total Cost”) for all Services are due in full every 30 days and recurrently charged to the payment method on file. Client retains access to their account on PCG website for the duration of their enrollment.
PCG’s hourly rate is $250 per hour spent on Client’s Services beyond the allotted amount of time purchased or unless otherwise listed on PCG website (https://www.petersonconsulting.group). If any additional expenses are incurred by PCG while providing Client with Services an invoice will be issued to Client in a timely manner. Client is responsible for paying for and delivering any third-party software licenses or products Client wishes PCG to utilize within a timely manner. Whenever possible, at PCG’s discretion, reasonable efforts will be made to integrate Client’s suggested software or products.
PCG’s payment processor will make 4 attempts to charge the Client’s payment method on file. If after that 4th attempt, Client’s account is still unpaid then PCG reserves the right to cancel the Client’s services.
Clients have the right to SAFETY. It is extremely difficult to build new bravery skills in an environment that feels unsafe. PCG does not have the right to publicly share any information about Clients without that student’s verbal or written permission. Anything discussed in our online community forum is not visible by a search engine. Video replays of our group events are available to current and future clients. At times, information will be shared amongst staff members when necessary to provide quality service to Clients. Exceptions to this would include a suspected threat to physical, emotional, or mental safety against you, another adult, or child. In case of these emergencies, we reserve the right to contact local authorities. If you have concerns about your safety and or you believe your physical, mental, or emotional safety is at risk, especially in our community, send an email to hi@petersonconsulting.group to discuss this frankly with us. Our respect for you and your life requires that we want to make accommodations and notify others if we learn of potentially life-threatening situations.
Clients have the right to CONFIDENTIALITY. Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies, to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” is this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Further, at all times, neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Parties in whatever form to any parties outside of PCG.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or Confidential Information.
Clients have the right to NON-DISPARAGEMENT. PCG and its’ students mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
Clients have the right to CANCELLATIONS & RESCHEDULES. Clients are responsible for attending live events and scheduling their monthly private coaching calls with PCG. If a client desires to cancel Services of PCG for any reason at any time, then Clients shall provide at least 48 hours Notice to PCG by emailing hi@petersonconsulting.group in order to cancel this agreement and close their client account. Clients are responsible for scheduling their private coaching calls to occur within the month of their Service. Clients may reschedule private coaching services with at least 48 hours Notice. Providing Notice will not relieve clients of any currently outstanding payment obligations. PCG will not be obligated to refund any portion of monies Client has previously paid to PCG. If PCG is unable to re-book further services on or before the Service’s final delivery date, (typically by end-of-business on the last business day of each month) Client may be issued a credit for future services with PCG at PCG’s discretion. PCG has no obligation to fulfill or attempt to schedule or re-book Services to make up for Client's failure to schedule, cancel, or reschedule.
In the event PCG cannot or will not perform their obligations in any or all parts of this Agreement, PCG (or a responsible party) will immediately give Notice to Client, and at PCG’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of PCG, no reasonable substitute is found, PCG shall excuse Client of further performance obligations in this Agreement.
Notwithstanding the above, either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the Services provided in this Agreement, including 1. A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, or infestation); or 2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or 3. Any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Clients have the right to UNDERSTAND & BE INFORMED. Clients are responsible for asking for clarification. Newsletters and event reminders are sent to the email address in your Client account. We recommend adding hi@petersonconsulting.group to your contacts so those don’t go to your spam folder. If there is a change to the event calendar, staffing, private coaching calendar, communication methods, or delivery of service, parties shall provide effective notice (“Notice”) to each other at the date and time in which the Notice is sent. Email: PCG’s email - hi@petersonconsulting.group; Student’s email - provided upon enrollment. Mail: PCG’s Address - PO Box 160404, Nashville, TN 37216; Student’s Address(es) - provided upon enrollment.
When necessary, Clients must respond to any communication within a reasonable amount of time. If Clients fail to respond to PCG within 14 days for feedback or any other specific request(s), it is within PCG’s discretion to delay or cancel a Client's Services.
Clients have the right to INTELLECTUAL PROPERTY. In the event that any copyrighted work(s) are created or shared as a result of the Services provided by Parties in accordance with this Agreement, the contributing Party owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Party who creates the materials and may be used in the reasonable course of each Party’s business going forward. Additionally, any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
For example, if PCG shares a spreadsheet that a Client utilizes, the Client may not share, distribute, sell, or otherwise enjoy the privileges of said spreadsheet and copyrighted material contained within the spreadsheet.
Clients have the right to USE RESOURCES & MATERIALS. PCG grants its students a non-exclusive license of the product(s) produced with and for personal use only so long as you provide PCG and/or Emily Ann Peterson with attribution reasonably visible on primary or related course materials or marketing collateral. In no event are students allowed to share PCG materials with any third party without express prior written permission.
Clients have the right to QUALITY SERVICE. PCG will make every effort to provide students with considerate and respectful care. PCG’s goal is to serve our Clients in the most helpful way possible. PCG and any related subcontractors are not employees, partners, or members of a Client's company or organization. PCG has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. PCG has the right to hire assistants, subcontractors, or employees to provide Clients with its Services. Parties are individually and separately responsible for their own business operations and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations, or permits. Clients are not responsible for paying for any benefits, Workers' Compensation, insurance, or unemployment fees to PCG.
Clients agree to having spent a satisfactory amount of time reviewing PCG’s work or past client reviews and have a reasonable expectation that PCG’s Services will produce a reasonably similar outcome and result for the Client. PCG will use reasonable efforts to ensure Client Services are carried out in a style and manner consistent with PCG’s current services, and PCG will try to incorporate any suggestions clients make. However, Client understands and agrees that: every client and final delivery is different, with different tastes, budgets, and needs; PCG’s Services are a subjective service and PCG is a provider with a unique vision, with an ever-evolving style and technique; PCG will use its personal judgment to create favorable results for each student, which may not include strict adherence to student suggestions; Dissatisfaction with PCG’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
Clients have the right to DISPUTE. We value your personal agency, perspective, and opinion. We want to hear your feedback and constructive criticism. If you don’t agree with something mentioned in a group event or private coaching session, bring it to attention in a timely manner so we can discuss the challenge or point of friction. We can’t make changes or seek solutions if we don’t know about the need for them. Students are responsible for communicating disagreements or dissatisfaction within a timely manner. Our staff reserves the right to remove anything in our community forum that is a conflict with the safety, rights, and responsibilities of our students. Clients agree that the accuracy of information supplied to PCG is the sole responsibility of each Client and that PCG is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information provided by the Client. Clients assume full responsibility for final deliverable(s) provided, final proofing, and accuracy.
Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
Clients have the right to a LIMIT OF LIABILITY. Clients agree that the maximum amount of damages they are entitled to in any claim of or relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by PCG. Clients and related parties/participants expressly assume any risk of Services and related activities as described in this Agreement. Clients agree to indemnify and hold harmless PCG, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. In the case of in-person meetings or coaching, Clients agree to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force PCG to pay for any such damages.
Client agrees and understands PCG is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist, or any other kind of licensed professional. PCG cannot make any guarantees as to the results, including financial or other gains, of the coaching provided. PCG agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Clients agree to take responsibility for Clients’ own results.
Clients have the right to GENERAL PROVISIONS. The laws of Washington State govern all matters arising under or relating to this Agreement, including torts. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable. Neither Party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided in this Agreement. The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
