Client Agreement
The contract is between Hatch Financial Coaching LLC (“Hatch”) and the Client as detailed below. Any references to “you” or “yours” are to the Client, and any references to “we,” “us,” or “our” are to Hatch:
Hatch Financial Coaching LLC
The parties, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows:
*** Hatch Financial Coaching LLC Promises You, the Client….
1. Our #1 goal is to offer you sound and applicable advice for the sole purpose of helping you, the client. We will work alongside you to assist you in understanding how a budget works and how you can achieve your financial goals. We will work as a team with a common goal of getting you out of debt and getting a better handle on your money.
2. We promise to keep your financial information completely private. We will not share what we discuss with any other person or agency without your specific and written permission first unless otherwise required by law.
3. Rescheduling sessions/meetings will only be done if there is an emergency and Hatch will offer several options for rescheduling.
4. Cancellations initiated by Hatch will be rescheduled at the soonest agreed upon time between Hatch and the client.
*** Your Promises to Hatch Financial Coaching LLC…
1. You will be truthful and transparent with your thoughts, current financial situations, ideas, goals, and challenges. Your open communication is key to our success together as a team.
2. You will fulfill a number of pre-session tasks to ensure our time together is best utilized. Failure to complete these steps accurately and completely will likely result in less value being delivered, something neither of us wants to happen. These tasks may include but are not limited to: answering questionnaires, completing financial worksheets, reading an educational handout or reviewing an instructional video. These tasks MUST be completed at least 48 hours BEFORE your scheduled appointment or your session will be canceled.
3. You understand and agree that refunds are not issued on completed Epiphany Sessions or any other completed monthly sessions.
4. You understand and agree that requests by you to reschedule a session/meeting will be taken seriously and honored if possible.
5. You are solely responsible for your actions, choices, and decisions.
6. Initial payments are due at least 48 hours before our scheduled session.
7. You understand and agree that if you decide to cancel a scheduled session entirely, your payment will be refunded in full if you allow for more than 36 hours notice. With a given notice of 36 hours or less, you will forfeit your payment entirely.
8. Automatic monthly payments (on the 4 and 7 and 12-month sessions) will run on the 1st or 15th of each consecutive month and will not be refunded if a session is canceled or rescheduled outside with less than 36 hours notice.
9. You hereby release, waive, acquit and forever discharge Hatch Financial Coaching LLC, its owners, agents, successors, assigns, personal representatives, executors, heirs and employees, including without limitation Maggie Winters (collectively the “releasees”) from every claim, suit, action, demand or right to compensation for damages, loss, or injury, including without limitation reasonable attorneys’ fees and costs, you may claim to have or that you may have arising out of actions, omissions, or commissions taken by yourself or by the releasees as a result of advice given or services provided by the releasees, or otherwise resulting from the coaching relationship contemplated herein, to the fullest extent allowed by law. You further declare and represent that no promise, inducement or agreement not herein expressed has been made to you to enter into this release. The release made pursuant to this paragraph shall bind your heirs, executors, personal representatives, successors, assigns and agents. This obligation shall survive the termination or expiration of this Agreement.
10. The client understands that Hatch is not engaged to render legal, accounting, tax, investing, or other professional advice. The client’s situation is fact-dependent, and the client must seek its own services of an appropriate licensed legal, accounting, tax, or investment professional. Hatch makes no representations, warranties, or guarantees verbally or in writing. The methods employed by Hatch do not guarantee any particular results. Client shall defend, indemnify and hold harmless the releasees (as defined above) from and against any and all damages, loss, or injury, including without limitation reasonable attorneys’ fees and costs, arising out of or related to advice given or services provided or otherwise resulting from the coaching relationship contemplated herein, to the fullest extent allowed by law, unless such damage, loss, or injury arises from Hatch’s gross negligence or willful misconduct. This obligation shall survive the termination or expiration of this Agreement.
11. All intellectual property, including any of Hatch’s copyrighted program and/or session materials, shall remain the sole property of Hatch. No license to sell or distribute Hatch’s materials is granted or implied. Client agrees that any confidential information (including, without limitation, information disclosed by Hatch as a part of this agreement and any copyright, patent, trademark, trade secret, or other intellectual property rights) shall remain confidential and proprietary, and the client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Hatch, unless otherwise required by law.
12. This agreement may be terminated by either party at any time in the event of a breach of, or noncompliance with, any covenant, term, or condition of this agreement after the non-breaching party has provided written notice of such breach or noncompliance and the same remains uncured for ten (10) days subsequent to the giving of such notice. Client understands that upon termination or expiration of a session, a new separate agreement must be entered into for any further services.
13. The parties agree that this agreement does not create an employment, partnership, joint venture, or similar relationship between them.
14. Except as otherwise provided within this agreement, the rights and remedies provided by this agreement are cumulative and are not exclusive of any rights and remedies provided by law. Accordingly, either party may pursue all rights and remedies at law or in equity under Montana law.
15. Any notice required to be given pursuant to the provisions of the agreement shall be in writing and be either by electronic mail, delivered personally, or sent by certified mail, and sent to the party at its address provided to the other party.
16. If either party to this agreement shall bring any action to enforce the provisions of this agreement, the prevailing party in such action shall be entitled to recover all reasonably incurred costs and expenses, including attorney's fees, incurred by such party in connection with such action.
17. If any provision of this agreement shall be held invalid, the remainder of this agreement shall not be affected thereby. Client may not assign this agreement without the prior written consent of Hatch. This agreement shall inure to the benefit of, and shall be binding upon the parties and their successors and permitted assigns. This instrument contains the entire agreement of the parties. It may not be changed orally but only by an agreement in writing signed by the parties hereto. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Montana. No waiver of any term or condition of this agreement by either party shall be deemed a continuing or further waiver of the same term or condition or a waiver of any other term of this agreement. The captions or headings in this agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions or sections of this agreement. This agreement may be executed in counterparts, each of which constitutes an original, but all of which together constitute one and the same agreement.