Terms of Agreement

Carson Coaching

Carson Coaching – Schedule & Fees: This agreement is valid as of date of execution and is for a minimum 12-month membership commitment (or 6 months if you selected the 6 month option). The set-up amount (if applicable) will be charged to your credit or debit card upon Carson Coaching’s receipt of this agreement. Monthly fees will be charged to your credit or debit card each month. If you terminate your membership before your commitment is completed, you must pay the monthly investment through your 12-month or 6-month commitment. After the completion of your initial 12 month agreement, this agreement will continue on a “month-to-month” basis. If you choose to end your membership after completion of the 12-month commitment, you must notify Carson Coaching in writing at least one (1) business day prior to the first of the month in which you’d like to end your membership. Monthly charges will cease on the first business day of the month following Carson Coaching’s receipt of your written request and your membership will continue through the month in which you are billed. All fees paid to Carson Coaching are non-refundable. Failure to pay Carson Coaching may result in turning your account over to a debt recovery program.

Specialty Coaching: This agreement is valid as of date of execution and until the final specialty coach call ends (either 3 calls or 6 calls). New calls with the specialty coach can be purchased after the first term of calls ends at the same rate. All specialty coaching calls are paid for up front. Specialty coaching does not give you access to an ongoing Carson Coach nor does it give you access to Carson Coaching online. The specialty coach will make reasonable accommodations to schedule all calls in a timely manner. However, availability of specialty coach is subject to current workflow and scheduling.

Carson Coaching Online Only – Schedule & Fees: This agreement is valid as of date of execution and is for a minimum 12-month membership commitment. Monthly fees will be charged to your credit card each month. If you terminate your membership before your commitment is completed, you must pay the monthly investment through your 12-month commitment. After the completion of your initial 12 month agreement, this agreement will continue on a “month-to-month” basis. If you choose to end your membership after completion of the 12-month commitment, you must notify Carson Coaching in writing at least one (1) business day prior to the first of the month in which you’d like to end your membership. charges and access to Carson Coaching Online and all its services, will cease on the first business day of the month following Carson Coaching’s receipt of your written request and your membership will continue through the month in which you are billed. All fees paid to Carson Coaching are non-refundable. Failure to pay Carson Coaching may result in turning your account over to a debt collection provider.

Coaching Services: If you have selected to work with a Carson Coach, you are entering into a 12-month or 6-month Coaching Program membership agreement with scheduled monthly 55-minute meetings, delivered via telephone or video conferencing platform (Coaching Services). Your Coach will be available to you by email and voicemail in between scheduled meetings, subject to reasonable limits. Carson Business Coaches operate in both the consulting and coaching arenas; your individual coaching agreement, including goals, priorities, and in which capacity your Coach operates, will be determined between you and your Coach. The dates & times of coaching meetings will be determined by the Coach and Client based on a mutually agreed-upon time. While every reasonable attempt will be made to schedule a coaching meeting in any given month, it is the responsibility of both the Client and Carson Coaching to ensure meetings are scheduled. Coaches will in good faith attempt to schedule/reschedule missed meetings; however, if Client does not respond to attempts to schedule coaching meetings or cancels scheduled coaching meetings, coaching services for the month may be forfeited due to Coach scheduling limitations.

Additional Services: Coaches or other Carson Subject Matter Experts may also be available for specific engagements and services, like meeting facilitation, team assessments, and subject-specific coaching or consultative work. Engagement fees (if any) will be determined before beginning those engagements.

Additional Benefits: You will be provided with one (1) complementary registration to Carson Coaching’s Excell Conference during your first 12 months of membership. Additional benefits, such as conference discounts, networking groups, and vendor discounts, may also be offered from time-to-time. One User for Carson Coaching online will be available for the terms of this agreement. Your coach will work with you to set up your online account.

Terms of Use and Privacy Policy: This Agreement and our Relationship are subject to and you agree to be bound by our online Terms of Use and Privacy Policy which can be found at https://www.carsonwealth.com/wp-content/uploads/2019/04/Terms_of_Use.pdf and https://www.carsongroup.com/wp-content/uploads/2018/12/Carson_Privacy_Policy.pdf respectively.

Confidentiality & Release of Information for ICF-Member Coaches: If you are matched with a Coach who is a member of the ICF (International Coach Federation), the coaching relationship and all information that you share with the Coach is bound by the principles of confidentiality set forth in the ICF Code of Ethics. Coaching meeting notes may be viewable by other Carson Coaching stakeholders, including other coaches, support team members, and management, who are bound by confidentiality and non-disclosure agreements. However, please be aware that the Coach-Client relationship is not considered a confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally-recognized privilege. If the person being coached under this agreement (“Client”) is separate from the paying party (“Sponsor”), please ensure your assigned Coach is notified in writing so that separate confidentiality terms may be addressed and agreed-upon. Finally, ICF-Member Coaches engage in training and continuing education pursuing and/or maintaining ICF Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By accepting this agreement, you agree to have only your name, contact information, and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship — no personal notes will be shared. If you do not wish for your Coach to maintain your information for purposes of credentialing, please make your opt-out request in writing to your assigned Coach.

Intellectual Property: Carson Coaching has invested substantial resources in the development of its Intellectual Property. As used herein, the term “Intellectual Property” shall include, without limitation, any inventions, discoveries, designs, formulas, know-how, processes, computer software, creations, lectures, illustrations, presentations, photographs, motion pictures, patents, trademarks, service marks, copyrights, trade secrets, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form. As a member of Carson Coaching, you are granted a limited license to use the Intellectual Property of Carson Coaching, including materials and content for your personal use and for your use in your practice as an advisor offering financial services and products to individuals seeking your financial services and products. This limited Intellectual Property License does not extend to, and Carson Coaching prohibits, the use, sale, presentation, or redistribution of any Carson Coaching content and material to other financial services professionals and other individuals who utilize the Intellectual Property of Carson Coaching in the promotion of their own business. This limited Intellectual Property license to use Carson Coaching’s material and content shall cease upon termination of active Carson Coaching membership.

Agreement Approval: This agreement is subject to final review and approval of the Coaching Member Profile by Carson Coaching Leadership. Carson reserves the right to terminate the coaching agreement at any time.

Carson Partners: Carson Partners is an affiliated Registered Investment Advisor. We will not share your information with Carson Partners unless and until you provide your consent for us to do so.

Carson Coaching Promise: We are passionate about the power of coaching and want you to be beyond satisfied with your experience as a Carson Coaching member. If at any time during the term of your membership you are not pleased with your progress, please reach out to a member of our Client Service or leadership team so that we can make things right.

DISCLAIMER OF WARRANTIES: THE COACHING SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND CARSON COACHING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE SERVICES. YOU ASSUME THE ENTIRE RISK TO THE ADVICE OF THE COACHING SERVICES.

LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT SHALL CARSON COACHING, ITS SUBSIDIARIES OR CONTROLLING ENTITIES OR THEIR THIRD PARTY PROVIDERS, CONTRACTORS OR TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES (THE “COACHING PARTIES”), HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR PUNITIVE (TOGETHER “COSTS”), ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO ACCESS THE CONTENT, OR FOR ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICE MADE AVAILABLE TO YOU VIA YOUR COACH. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY COACHING PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CARSON COACHING OR ANY THIRD PARTY PROVIDER OF SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE ACCOUNT SERVICE, SUPPLEMENTAL AGREEMENT OR ANY OTHER AGREEMENT. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

GOVERNING LAW: THIS AGREEMENT WILL BE GOVERNED BY NEBRASKA LAW WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICT OF LAW. ANY PARTY BRINGING LEGAL ACTION OR PROCEEDING AGAINST THE OTHER FOR ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THE COACHING SERVICES, OR THE USE THEREOF, SHALL BRING THE LEGAL ACTION OR PROCEEDING (I) IN THE UNITED STATES DISTRICT COURT OF NEBRASKA; OR (II) IN ANY COURT OF THE STATE OF NEBRASKA, SITTING IN DOUGLAS COUNTY, IF THERE IS NO FEDERAL SUBJECT MATTER JURISDICTION. YOU ACKNOWLEDGE THAT ANY FAILURE TO PAY ANY AMOUNT OWED TO CARSON COACHING WHEN DUE MAY RESULT IN YOUR ACCOUNT BEING TURNED OVER TO A DEBT COLLECTION SERVICE PROVIDER. THIS RIGHT OF CARSON COACHING IS TO BE IN ADDITION TO THE REMEDIES OTHERWISE AVAILABLE TO CARSON COACHING.

WAIVER OF TRIAL BY JURY: EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING AGAINST THE OTHER FOR ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THE COACHING SERVICES. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING WHETHER IN CONTRACT, TORT OR OTHERWISE.

SEVERABILITY: IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THIS AGREEMENT, OR PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO AFFECT THE INTENT OF THIS AGREEMENT, AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.