SERVICE AGREEMENT
Welcome!
The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. If you have any questions, please raise any questions before signing to make sure we are all on the same page moving forward.
In exchange for agreeing to work together with Podcast Performance Coach, you agree to be bound by the following conditions.
Contractual Terms
1. Parties. This Agreement is made between McTavish & Wohlberg Communications Ltd., a Corporation operating in the Province of British Columbia (“Podcast Performance Coach,” “we,” “us,” and “our”) and you, the undersigned (electronically or by hand) or the person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).
2. Our Commitment to You. We promise to provide you with podcast production and coaching services, as outlined on our website at https://podcastperformancecoach.com (the “Services”). To provide the best possible experience, we will also do the following:
2.1 Our goal is to help you achieve and smash your podcast goals. With this in mind, we will strive to provide you with the highest quality and tailored podcast production and coaching Services to exceed your expectations.
2.2 Our one-on-one programs will be customized to your unique needs, goals and abilities. Any group programs will take all registered participants into consideration.
2.3 Communication is important to us, so we will do our best to communicate with you about any preparation instructions, follow-up information or scheduling details related to your Services.
2.4 You can expect high-quality production, enthusiastic coaching, and support to achieve your goals of creating and building a podcast that serves your business.
3. Qualifications. We hold the following professional qualifications and certifications: Diploma in Broadcasting and BA in Communication. 30+ years experience in broadcasting and audio production and nine years as a highly successful podcast coach. Award-winning producers.
4. Scope of Practice. The scope of our practice is as follows:
4.1. Our full Service offering includes:
4.1.1. Podcast Editing
4.1.2. Podcast Production Services
4.1.3. Podcast Coaching
4.1.4. Podcast Music Production and Sound Mixing
4.1.5. Online Programs and Self-Study Courses
4.1.6. Business Coaching
4.2. Our Service offering excludes:
4.2.1. Podcast Marketing, Social Media, or Public Relations (PR)
4.2.2. Podcast Sales
4.2.3. Podcast Coaching
4.2.4. Any guarantee on your Podcast ROI or Audience Growth/Size
5. What We Expect of You. Just as you invest in us, we also invest time and energy in you. For you to gain the most from the Services, here is what we expect of you:
5.1. Respect. We expect you to show kindness and respect to everyone you interact with at Podcast Performance Coach and our program. Our one-on-one coaching does not allow any additional members of your team to attend unless specifically invited by Podcast Performance Coach.
5.2. Time Integrity. We expect you to commit to your goals by booking your coaching calls before they expire and showing up on time for each scheduled coaching or production session ready to participate. We also expect you to honor the cancellation policy detailed below.
5.3. Ownership. We expect you to take ownership of your participation. This program is a collaborative partnership. While we provide guidance and support, your progress depends on your active participation. You are accountable for your personal growth, mental and emotional well-being, and the actions you take (or don't take) during our sessions.
5.4. Commitment. We expect you to be committed to the Services, actively follow and complete the program within the required timeframe:
5.4.1. Concept to Casting must be complete 90 days after starting.
5.4.2. Podcast Tune-Up must be complete 60 days after starting.
5.5. Communication. We expect you to be upfront and honest and clearly communicate your goals and limitations. We can’t help if we don’t know what you expect to improve or achieve!
5.6. Payment. We expect payment in full within the agreed-upon timeframe.
6. Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Podcast Performance Coach (the “Term”).
6.1. Either party may terminate the Agreement by giving advance written notice to the other party via email. However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined on our website at https://podcastperformancecoach.com.
6.1.1 Coaching Programs. Our coaching programs will carry a fixed, agreed-upon term. All terminations will be within the scope of this agreement, and all payment obligations will be expected to be honored.
6.1.2 Ongoing Coaching. If you opt for any ongoing coaching, it will be tied to and be an extension of this coaching agreement and will carry the same terms and termination.
6.2. You can terminate your services using the same method as your signup. If unsure, please contact us via email at [email protected]. All terminations will be actioned within the terms of this agreement. Fees and penalties will apply.
6.3. Podcast Performance Coach reserves the right to terminate this Agreement immediately if you violate any of the abovementioned expectations, and you will not be entitled to any refunds or any continued working relationship with Podcast Performance Coach.
7. Payment. Payment details and cost for the Services are outlined on our website at https://podcastperformancecoach.com.
7.1. Payment Method on File. You may keep a credit card or other method on file with us. By placing a card on file, the cardholder and account holder give permission to Podcast Performance Coach’s staff to charge the card for any session, auto-debit membership and/or cancellation fees (if applicable) accrued in accordance with the cancellation policy detailed below.
7.2. Declined Charge. In the event of a declined credit card/debit card charge, your Services will be immediately suspended, pending you updating your payment information and paying the amount due in full.
7.3. Chargebacks. It is common for the bank or lender managing the chargeback dispute on your behalf to keep fees and administration costs, which result in a loss for Podcast Performance Coach for the services already rendered. You will also be responsible for any fees and administration costs taken from us due to a chargeback issue that ends with a determination in favor of Podcast Performance Coach.
8. Fluctuation of Rates. You understand that we reserve the right to change our prices and that in your acceptance of these new prices and continued payment, you continue to be bound to all the terms of this Agreement. We will always provide at least 30 days notice before raising any prices and communicate with you to ensure you are aware of any changes.
9. Additional Fees. We will levy additional fees if we consider restarting an expired coaching program at any stage.
10. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted our cancellation and refund policy:
10.1. Refunds. All sales are final. Services are non-refundable.
10.2. Cancellation & Reschedule Policy. Please give 24 hours notice if you have to cancel or reschedule any booked session, provided it is in the timeframe of this Agreement. If you give less than 24 hours notice, your session will not be rescheduled.
11. No Guarantees. Podcast Performance Coach cannot guarantee the success of, or any particular outcome from the Services. We promise to provide you with the coaching and guidance to support you and see you grow, but the success of the Services ultimately depends on you.
12. Ownership of Materials. All the content we have provided you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used.
13. Safeguarding of Files. Podcast Performance Coach does not retain copies of your files. It is vital for you to keep a backup copy for your records.
14. Substitute Services. Podcast Performance Coach has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in-person sessions.
15. Legal Fees. You will be responsible for any and all legal fees incurred by Podcast Performance Coach regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
16. Waiver. Before the Services can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign, or otherwise agree to, that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
17. Force Majeure. Podcast Performance Coach will not be liable for any failure, delay or file corruption, loss or destruction regarding the Services if such failure or delay is: beyond the reasonable control of Podcast Performance Coach, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
18. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the Province of British Columbia or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
19. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the Province of British Columbia. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of British Columbia. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Podcast Performance Coach of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together, constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having You click “I Agree”(or something similar), the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.