Career Collective Client Agreement
Purpose
The purpose of this Agreement is to establish the terms and conditions under which Basecamp Outdoor LLC (“Basecamp”) will provide career coaching services to you, the Client.
Services Provided
Coaching Services: Basecamp agrees to provide career coaching services through an online portal where Clients can purchase and book sessions with Career Coaches, Mentors, and Industry Experts with experience and expertise in the outdoor industry, including but not limited to, career planning, goal setting, resume review, interview preparation, and professional development advice.
Session Structure: Coaching sessions will be conducted as they are scheduled by the client, for the duration of the service as outlined in the product description, and content will be aligned to the terms of the product description. Sessions will be conducted online over Zoom.
Digital Resources: Career Coaches, Mentors and Industry Experts will provide access to digital resources, including guides, templates, and other materials relevant to the coaching process, as they deem suitable for the individual Client’s needs.
No Warranty or Promised Results: Client understands and agrees that this is for the provision of services and there are no promised or guaranteed results, warranty, or performance from such services, just that the services themselves will be provided.
Client Responsibilities
Active Participation: The Client agrees to actively participate in the coaching sessions, complete any assignments or homework, and communicate openly and honestly with the coach.
Services Provided: All coaching packages with multiple appointments must be scheduled and completed no more than 90 days from the date of purchase. If services are not completed within this timeframe, no refund will be issued.
Engagement Through Basecamp: Client shall not attempt to engage Coach(es) or Services outside of this platform and Coaches shall not solicit Client for such engagement.
Payment Terms
Payment Schedule: Payments will be made via the payment portal. Payment for the entire package must be received before the first session.
Refund Policy: If the Client wishes to terminate the coaching relationship, a refund may be issued for any unused sessions.
Confidentiality
Confidential Information: Coaches agree to maintain the confidentiality of all information shared during the coaching sessions. This includes personal, professional, and financial information.
Exceptions: Confidentiality does not apply if the information disclosed includes intent to harm oneself or others, or if there is a legal requirement to disclose certain information.
Ethical Standards
Code of Conduct: Both parties agree to adhere to the Code of Conduct as provided by Basecamp, which includes, but is not limited to, maintaining professionalism, respecting boundaries, and ensuring a safe and supportive coaching environment. The Code of Conduct is part of this Agreement and the contractual relationship between Basecamp and Client as a whole.
Conflict of Interest: The Client agrees to disclose any potential conflicts of interest that may arise during the coaching relationship. If a conflict is identified, the Client may be referred to another coach.
Client Intellectual Property: Client is and shall be the exclusive owner of all material, including but not limited to all Client’s trademarks, copyrights, inventions, confidential information, materials and proprietary rights, including its materials. Contractor shall respect the intellectual property (“IP”) of others. Contractor may not publicize, use, or help others use or profit off of clients’ or Basecamp’s intellectual property, registered or otherwise, unless it has express written permission and scope to do so.
Basecamp Intellectual Property: Basecamp is and shall be the exclusive owner of all material, including but not limited to all Basecamp trademarks, copyrights, inventions, confidential information, materials and proprietary rights, including its materials it uses for this program and platform. Basecamp gives Contractor a limited license to use the materials it provides and intends for Contractor to use for client services, solely for those purposes.
Contractor Intellectual Property: Contractor is and shall be the exclusive owner of all material, including but not limited to all Contractor’s trademarks, copyrights, inventions, confidential information, materials and proprietary rights, including its materials it creates and uses (that are not created by others) for this program and platform.
Soliciting Additional Services: Clients agree not to solicit or accept additional services from Career Collective coaches that are not explicitly offered or approved by The Career Collective.
Liability and Indemnity
Neither Party will be liable to any other Party for any indirect, incidental, special, consequential, punitive or exemplary damages arising out of or related to this Agreement, except for those outlined in this Agreement.
Client assumes the risk for any and all claims or liability that may emanate out of its engagement with subject coaches. Client agrees to waive any and all claims and damages against Basecamp, including its owners, employees, and agents, that may emanate out of Client’s work with coaches.
Client agrees that the parties legally responsible for any liabilities, claims or damages are the subject liable parties and it will only bring claims against such parties.
Client shall indemnify, defend and hold harmless Basecamp, against any and all damage, loss, claims, liabilities, expenses, demands or proceedings (including without limitation reasonable expenses of legal fees and costs) arising out of or in connection with Client’s breach of any terms of this Agreement, Contractor’s infringement on other’s rights, and/or Client’s gross negligence or willful misconduct, except where such claims and/or liability is caused by Basecamp’s actions or omissions, negligence, gross negligence and/or willful misconduct.
Termination
Termination by Client: The Client may terminate this Agreement at any time with written notice to Basecamp. Refunds for unused sessions will be issued as per the refund policy stated above.
Termination by Basecamp: Basecamp reserves the right to terminate this Agreement if the Client breaches any terms of this Agreement or if the coaching relationship is deemed unproductive or harmful. Refund consideration by Basecamp will be on a case by case basis and not guaranteed.
Miscellaneous
Amendments: This Agreement may be amended only in writing and signed by both parties.
Notices: All notices under this Agreement shall be in writing and sent to the addresses for each party, to such other addresses as may be specified by either party in writing, and/or via email to previously known and used email addresses between the parties.
Severability: If any provision of this Agreement is held invalid, for any reason by a court, government agency, body or tribunal, the remaining provisions will be unaffected and will remain in effect unless the invalidity goes to the essence of the Agreement.
Construction: The language used in this Agreement is the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against either party. The section headings are for convenience and are not intended as aids in construction.
No Assignment or Subrogation: This Agreement and the obligations, promises, and rights thereunder may not be assigned by either party, except in situations where company and asset ownership has changed and assignment is necessary to continue the agreed upon relationship and services.
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 compliance with all other provisions of this Agreement.
Attorney’s Fees and Costs: If there are any legal claims that emanate out of this Agreement or the relationship and obligations thereunder, the parties agree that the prevailing party shall be awarded reimbursement of any and all reasonable legal fees and costs, including attorney fees.Dispute Resolution: If there is any dispute or conflict between the parties, then they agree to attempt to resolve the matter directly between them, with counsel or other agents acceptable to help, in good faith before pursuing any litigation or formal action. If the parties are unable to resolve any dispute or issue between them directly, then they agree to submit to a mediation session, with the cost shared equally between the parties, before pursuing any litigation or formal action. Should mediation not result in resolution, then the parties may escalate the matter to the Courts outlined herein.
Force Majeure: Neither party shall be liable to the other party for any failure or delay in performance caused by reasons, including performance by Coaches, beyond its reasonable control to the extent the occurrence is caused by fires, pandemics, extreme weather, floods, epidemics, famines, earthquakes, hurricanes and other natural disasters or acts of God, regulation or acts of any civilian or military authority or act of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts of third parties. If there are such situations and delays, the party being delayed must timely notify the other party about those delays, expected timing of delay, and then be prepared to complete obligations once the delay is no longer an issue.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of California.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral.
This Client Agreement ensures that both the client and Basecamp have a clear understanding of their responsibilities, the services provided, and the terms of the coaching relationship.