Creative Accounting Terms and Conditions

Services.

Provider (Coach Keeley) shall provide Client with the following services and/or products ("Services"): Financial coaching addressing client's personal and financial questions and concerns that relates to client's financial wellness.

 

Location.

Provider shall deliver Services to Client through video conferencing or by phone. The session is private and cannot be recorded unless it is agreed upon in writing between both Client and Provider.

 

Cost, Fees and Payment.

Client will provide a non-refundable payment for their choice of coaching Services offered by Provider prior to booking each session. Client understands that when paying a partial deposit for a Creative Accounting Membership that the entire payment for 3 months of membership will be owed within 90 days even if client chooses to discontinue meetings with the Provider. At a minimum, Client agrees that the rate fairly compensates Provider for committing to provide the Services.

 

Intellectual Property.

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider 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 Provider and may be used in the reasonable course of Provider business.

 

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts:

 

  • In photos on Client’s personal social media pages or profiles; or

  • In personal creations, such as a budget spreadsheet or videos or photography;

  • In personal communications, such as a newsletter or email or journal.

 

Maximum Damages. Client agrees that the maximum amount of damages he or she or they is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

 

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its afliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

 

Client Responsibility. I, the Client, assume total responsibility for the decisions I make about my finances, and will not hold Provider responsible for any consequences resulting from Client's choices or actions. Client understands that Provider is not a CPA or CFP, but a CFEI financial wellness educator or coach. Provider does not give tax or legal advice, and Client should consult with a CPA or lawyer for tax or legal advice. Client understands the goal of Financial Coaching is, but not limited, to:

 

  • Support Client to understand issues, resolve problems, and pursue Client goals

  • Provide Client with information, education, and guidance so Client is able to make decisions

  • Help Client identify and use resources to address Client needs and promote Client financial wellness

  • Help Client with basic personal money management and savings towards goals

  • Reduce Client stress and anxiety about money management

  • Learn how to make Client money work harder for Client

 

Client understands that Provider will not make decisions for Client or make contact to creditors or others on Client's behalf. Making decisions and taking actions will be Client's responsibility. Client understands that Provider will be there to support and encourage Client during the term of the engagement. Ultimately, the Client is responsible for Client's actions.

 

YNAB Coaching. I am a YNAB Certified Budgeting Coach, which means that I have been trained to coach people on using YNAB software and the YNAB budgeting method. I have met select requirements of You Need a Budget LLC in order to receive this certification, which means that I have the ability to competently coach YNAB to others. I am not an employee of YNAB, and all non-YNAB related opinions and recommendations are my own. My views do not reflect the views of YNAB and its employees or affiliates.

 

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to the financial coaching to show up in a timely manner, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, not show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the financial coaching, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Provider is able to secure another, unrelated client then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.

 

Confidentiality

Confidentiality. Except as otherwise agreed or required by law, Provider will keep confidential all information concerning Clients’ identity, financial affairs, and/or investments.

 

Impossibility

Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

 

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

 

  • Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

  • If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

  • Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

 

Appropriate Conduct/Safe Working Environment Project.

The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Provider] will immediately leave the event. If the [Provider] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work, and the Client(s) shall be responsible for payment in full.

 

Non Project: The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Provider] staff, [Provider] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Provider] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Provider] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Provider’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Provider] resumes work detailed in this Agreement

 

Health & Safety: Client(s) further understand that [Provider] complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the [Provider] to do anything illegal or unsafe. Further, [Provider] will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, [Provider] reserves the right to end service coverage immediately and/or leave the [event/session]. [Provider] shall be entitled to retain all monies paid and Client(s) agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work.

 

General Provisions

Governing Law. The laws of New York govern all matters arising out of or relating to this Agreement, including torts. 

 

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

 

Email 

1. Provider's Email: info@coachkeeley.com

 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the financial coaching and 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.

 

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.