THIS SERVICE AGREEMENT is made between Marie Kalavska (Aria Celestial) /MENTOR
and CLIENT, as of
WHEREAS, Client desires to receive certain consulting services from Coach, and Coach
desires to provide such services on the terms and conditions set forth herein.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby
acknowledged, Client and Coach hereby agree as follows:
1. Description of Services.
Coach agrees to develop and provide the services set forth on EXHIBIT A attached hereto.
As the Client’s Coach, Marie Kalavska, hereby referred to as “Coach” will partner with the Client
on a journey of self-discovery, self-exploration, accountability and progress sessions. The
Coach’s job is to help: discover, identify, define, create a plan, and reach certain goals in
Client’s life. The Coach will help the Client discover within themselves the beliefs, explanatory
styles or issues that are blocking the Client from moving forward in achieving these goals. The
Coach operates from a particular coaching model; however, it is the responsibility of the Client
to follow through with implementing the practices and suggestions set forth between Coach and
Client to get results.
2. Delivery of Work.
Coach and Client agree that the Services shall be provided on such dates and at such locations
as the parties hereto in good faith mutually agree to. EXHIBIT A.1 attached hereto, states times
and dates of live sessions. If in the unlikely event, Coach cannot deliver sessions live during
these times due to ill health, network problems, emergencies etc, Coach will do everything in
their power to re-arrange session for next suited time for most Clients. Coach is not to be held
liable if dates/ times need to change due to unforeseen circumstances, and this does not
warrant a refund.
Minors and Parents (if applicable)
Clients under the age of 18 and their parents should be aware that the law may provide parents
with the right to examine their child’s treatment records. I understand that as a parent, you are
concerned about your child and therefore may want to know the content of your child’s
conversations with me. However, a child will often progress further in treatment if they know that
the details of our conversations are kept private and not shared with his/her parents. Since
privacy is often helpful to successful progress, especially with teenagers, it is my policy to
require that parents agree to give up access to their child’s records. If the parents agree, I will
provide them with general information about our work together, unless I feel there is a high risk
that the minor will seriously harm himself/herself or someone else. In this case, I will notify the
parents of my concern, but before giving parents any information, I will discuss the matter with
the minor, if possible, and do my best to handle any objections he/she may have with what I
plan to discuss with the parents. You as a child and your parents signify that you agree to this
policy by initialing below. Client’s Initials __________ Parent’s Initials __________
In providing the Services, Coach will employ a range of methodologies to suit Client’s personal
values and style. Client agrees to be open minded and partake in methods proposed. Client
understands that Coach makes no guarantees as to the outcome of the Services, and Client
hereby acknowledges that Coach is not an employment agent, business manager, financial
analyst or psychotherapist.
4. Credit Card Authorization.
Client acknowledges that Coach, in consideration for the Services, will charge the credit card
chosen by Client on the dates and for the amounts specified in EXHIBIT B attached hereto.
Client agrees to compensate Coach according to the payment schedule set forth on EXHIBIT B.
The parties hereto agree that Client's failure to make or permit payments as set forth on
EXHIBIT B will cause irreparable harm to Coach for which damages would be difficult, if not
impossible, to measure, including expenses incurred in connection with losses resulting from
any delay. Accordingly, as liquidated damages for losses reasonably expected to be incurred
(and not as a penalty) Coach shall charge a 5% (five-percent) late penalty to all balances that
are not paid when due.
Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the
payment dates, set forth in EXHIBIT B (as modified pursuant to the terms of this agreement). If
Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund.
7. Chargebacks and Payment Security.
To the extent that Client provides Coach with credit card information for payment on Client’s
account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. If
Client uses a multiple-payment plan to make payments to Coach, Coach shall be authorized to
make all charges at the time they are due and is not required to seek separate authorization to
do so. Client hereby agrees not to make any chargebacks to Coach’s account. Client further
agrees it shall not cancel the credit card provided as security without concurrent notice to Coach
at the time such credit card is cancelled and the furnishing of replacement credit card
information. Client is responsible for any fees associated with recouping payment on
chargebacks and any other fees in connection with Coach's collection of payment hereunder.
8. Failed Payments.
In the event Client fails to make any of the payments within the time prescribed, Coach has the
right to immediately cease all work until payment in full is paid. In addition, should payment fail
to be made within 30 days of the due date, in addition to all other amounts due hereunder,
interest on the unpaid balance will accrue at a rate of 1% per month.
9. No Transfer of Intellectual Property.
Coach’s copyrighted and original materials shall be provided to the Client for Client's individual
use only. Client shall not be authorized to use any of Coach’s intellectual property for Client’s
business purposes. All intellectual property, including Coach’s copyrighted course materials,
shall remain the sole property of Coach. No license to sell or distribute Coach’s materials is
granted or implied.
10. No Distribution of Services.
Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise
disseminate or exploit for any commercial purposes any portion of the Services or any other
goods and services provided in connection therewith (including course materials), including but
not limited to permitting any third party access to the Services or any other goods and services
provided in connection therewith (including course materials).
Coach has the right to use case studies of Client’s situations and results or Client testimonials in
future work but without making reference to Client’s full identity. Client will always be contacted
for approval prior to any case study or testimonial being published in which Client will be
identified by full name.
12. Good Faith.
Each party hereto represents and warrants to the other that such party has acted in good faith,
and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any
termination of this Agreement.
13. Agreement between Coach and Client.
Client agrees to not withhold any information necessary for Coach to provide the Services or
that could prevent the sessions from running fluidly. Client agrees to be open, present and
prepared to fully participate in receiving the Services.
Show up on time and without distractions
Give your best effort before, during and after the program
Keep a positive focus
Take 100 % responsibility for your own success
Take inspired action that Coach & Client jointly decide upon during coaching calls/sessions
Be open and coachable and be ready to explore new ways of thinking or being
Come to each call/session with total clarity about
1. The goal & main area of focus for the session
2. How Coach can best serve Client
Make all payments as agreed and honor Coach's policies & recommendations
14. Disclaimer of Guarantee.
CLIENT ACCEPTS AND AGREES THAT CLIENT IS 100% RESPONSIBLE FOR CLIENT'S
PROGRESS AND RESULTS FROM THE SERVICES. CLIENT ACCEPTS AND AGREES
THAT CLIENT IS THE ONE VITAL ELEMENT TO SUCCESS AND THAT COACH CANNOT
CONTROL CLIENT. COACH MAKES NO GUARANTEE OR WARRANTY THAT THE
PROGRAM WILL MEET CLIENT’S REQUIREMENTS OR THAT ALL CLIENTS WILL ACHIEVE
THE SAME RESULTS.
THE SERVICES (AS DEFINED HEREIN) AND ALL OTHER GOODS AND SERVICES
PROVIDED BY COACH HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COACH DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH
RESPECT THE SERVICES (AS DEFINED HEREIN) OR ANY OTHER GOODS AND
SERVICES PROVIDED BY, THROUGH OR ON BEHALF OF COACH UNDER THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT
AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE
OF DEALING OR USAGE OF TRADE.
15. Medical Disclaimer.
Client is aware that Coach does not solve medical issues nor treat disease and is therefore not
a replacement for client’s medical doctor, therapist or physician. If Client is presently under any
form of psychiatric care, psychological therapy, specialized medical supervision or under the
influence of any form of medication, Client is to inform Coach prior to working together.
16. Limitation of Liability.
BY USING COACH TO PROVIDE THE SERVICES, CLIENT ACCEPTS ANY AND ALL RISKS,
FORESEEABLE OR UNFORESEEABLE, ARISING FROM SUCH TRANSACTIONS AND
CLIENT'S USE OF THE SERVICES (AS DEFINED HEREIN). IN NO EVENT WILL THE
AGGREGATE LIABILITY OF COACH WITH REGARD TO THIS AGREEMENT, THE
SERVICES (AS DEFINED HEREIN), OR ANY OTHER GOODS OR SERVICES PROVIDED
OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT EXCEED THE COMPENSATION
PAID BY CLIENT TO COACH UNDER THIS AGREEMENT. ALL CLAIMS AGAINST COACH
MUST BE LODGED WITH THE ENTITY HAVING JURISDICTION WITHIN 100 CALENDAR
DAYS OF THE DATE OF THE EVENTS FIRST GIVING RISE TO THE CLAIM OR
OTHERWISE BE FORFEITED FOREVER.
COACH SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS
OF PROFIT, REVENUE, DATA, BUSINESS OR USE) EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that Client is in arrears of payment or otherwise in default of this agreement, all
payments due hereunder for Services and other goods and services provided or to be provided
by Coach to Client shall immediately become due and payable. Coach shall be allowed to
immediately collect all such sums from Client and, at Coach's option, terminate providing further
services to Client and/or this agreement. In the event that Client is in arrears of payments to
Coach, Client shall be barred from using any of Coach’s services.
In addition, Coach may, at any time and without cause, terminate this agreement, at which time
any and all amounts representing Services and other goods and services actually provided by
Coach to Client shall immediately become due and payable.
In exceptional circumstances such as illness or unavailability due to bereavement or other
commitments, inappropriate behavior by the Client, actual or potential conflict of interest or other
reasons, the Coach can decide to terminate the service to the Client early or refuse or be
unable to provide further coaching sessions to the Client.
Client shall defend, indemnify, and hold harmless Coach and its employees, affiliates, agents,
representatives, successors and assigns from and against any and all liabilities and expense
whatsoever – including without limitation, claims, damages, losses, judgments, awards,
settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities which
any of them may incur or become obligated to pay arising out of or resulting from the offering for
sale, the sale, and/or use of the Services and other goods and services in connection herewith.
Client hereby agrees that Coach's employees, affiliates, representatives, successors and
assigns shall not be liable for any acts or omissions of Coach.
19. No Resale of Services Permitted.
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Program (including course materials), use of the
Program, or access to the Program. This agreement is not transferrable or assignable
without the Coach’s prior written consent.
Your initials throughout this document and your signature below indicate that you have read this
Agreement, and have had the opportunity to ask questions and address your concerns before
signing. Your signature also indicates that you understand and provide your informed consent to
the issues related to the risks and benefits of coaching, confidentiality, fees and payment,
emergency procedures and all other responsibilities and terms in this Agreement. You also
consent to the exclusive jurisdiction of the courts located in my home state with respect to any
action or proceeding arising from or related to this Agreement.
Client may not assign or otherwise transfer this agreement, in whole or in part, without the prior
written consent of Coach. Any attempt by Client to assign or otherwise transfer this agreement
without such consent will be null and void and of no force and effect.
Subject to the foregoing, this agreement shall be binding upon, and shall insure to the benefit of,
the parties hereto and their respective successors and assigns.
This agreement shall be governed by and construed in accordance with the laws of
Massachusetts, without reference to conflict of law principles. All disputes arising out of this
agreement will be subject to the exclusive jurisdiction and venue of courts sitting within
Cambridge District Court and the parties consent to the personal and exclusive jurisdictions of
If for any reason any provision of this agreement is held to be invalid or unenforceable, that
provision of this agreement will be enforced to the maximum extent permissible and the other
provisions of this agreement will remain in full force and effect.
Any modification or amendment of any provision of this agreement will be effective only if in
writing and signed by duly authorized representatives of the parties hereto. None of the
provisions of this agreement shall be deemed to have been waived by any act or acquiescence
by either party, its agents, or employees, but only by an instrument in writing signed by a duly
authorized representative of such party. No waiver of any provision of this agreement shall
constitute a waiver of any other provisions or of the same provision on any other occasion.
Neither party will be responsible for any failure or delay in performing any of its obligations
under this agreement (other than the obligation to pay money when due) due to causes beyond
its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of
or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or
governmental action. Any failure to perform that is excused pursuant to this paragraph shall be
cured as soon as is reasonably practical by the non-performing party, but such failure shall not
exceed thirty days from the date of notice of failure.
The parties are independent contractors and neither this agreement nor any provision hereof
shall be deemed to create any relationship of joint venture, partnership, franchise, employment,
or agency between the parties. Neither party will have the power to bind the other or incur
obligations on the other’s behalf without the other’s prior written consent.
This agreement contains the complete understanding and agreement of the parties hereto and
supersedes all prior or contemporaneous agreements or understandings, oral or written, relating
to the subject matter herein. This agreement may be executed in multiple counterparts, all of
which, taken together, shall constitute one and the same instrument. Delivery of an executed
signature page by any electronic means (including via any electronic or digital signature) shall
be deemed effective as delivery of a validly binding original signature hereto.
Neither party shall be liable to the other for any failure to perform any obligation under any
Agreement which is due to an event beyond the control of such party including but not limited
to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of
civil or military authority, uprising, earthquake, flood or any other natural or man-made
eventuality outside of our control, which causes the termination of an agreement or contract
entered into, nor which could have been reasonably foreseen. Any Party affected by such
event shall forthwith inform the other Party of the same and shall use all reasonable
endeavors to comply with the terms of the Agreement contained herein.
All exhibits attached to this agreement will be deemed a part of this agreement and incorporated
herein by reference. The term “agreement” refers to this Service Agreement and all of the
exhibits attached hereto.
Each party represents and warrants that, on the date first written above, they are authorized to
enter into this Agreement
EXHIBIT A: SERVICES (GROUP PROGRAM)
● Invitation to join 90 Day Group Coaching Program “Inner journey to unified balance
and self empowerment” held between the dates of 5th of September 2020 and 5th of
● Access to Private FB Group community for the duration of the program plus 3 months
● Membership to and expected participation in the weekly mastermind sessions.
● Downloadable replay videos of each of the twelve lecture calls for lifetime.
EXHIBIT A.1: Syllabus & Dates
See time conversion here
BST (London) Session Topic
1 19/9/20 10.00 – 11.30 Life Purpose Mastermind Session
2 26/9/20 10.00-11.00 Sharing Circle Session
3 3/10/20 10.00 – 11.30 Grounding Mastermind Session
4 10/10/20 10.00-11.00 Sharing Circle Session
5 17/10/20 10.00 – 11.30 Locus of Control Mastermind Session
6 24/10/20 10.00-11.00 Life Purpose/ Goals Review Session
7 31/10/20 10.00 – 11.30 Daily Routine and Habits Mastermind Session
8 7/11/20 10.00-11.00 Sharing Circle Session
9 14/11/20 10.00 – 11.30 Cutting Chords/ Smudging Mastermind Session
10 21/11/20 10.00-11.00 Sharing Circle Session
11 28/11/20 10.00 – 11.30 Place of Relaxation Mastermind Session
12 5/12/20 10.00-11.30 Life Purpose/ Goals Review Session and Closing Circle