MENTAL PERFORMANCE COACHING SERVICES AGREEMENT
THIS SERVICES AGREEMENT, together with the Schedule A SCOPE OF SERVICES and Schedule B INDIVIDUAL CLIENT INFORMED CONSENT (collectively the “Agreement”) is made and entered into on the date provided by electronic signature (the “Effective Date”), for the arrangement of mental performance coaching services (“Coaching), by and between ARIZONA MENTAL PERFORMANCE TRAINING, a trade name owned by NEIL WATTIER ENTERPRISES, LLC, an Arizona Limited Liability Company (“Consultant” or “Coach”), and the parties providing their electronic signature (“Client” and “Parent”), (collectively, the “Parties”).
Upon signing this Agreement and receipt of payment from Client, Coach agrees to render Coaching, as specifically set forth in the Schedule A SCOPE OF SERVICES (collectively, the “Services”).
2. INDEMNIFICATION AND RELEASE OF CLAIMS
Client agrees to fully and completely defend, indemnify, hold harmless, and release Coach and his members, agents, employees, assistants, attorneys, and other representatives, as well as any predecessors, successors and affiliates, (collectively hereinafter, “Coach”) from and against any and all suits, claims, demands, causes of action, judgments, damages, losses, costs, expenses, or losses whatsoever, in law or equity, (including reasonable attorneys’ fees) (collectively, “Loss”) that may arise in the past, present or future that is in any way related to the Services. Client will cooperate with Coach and will provide reasonable assistance in defending any such claim.
3. LIMITATION OF LIABILITY
Client releases Coach, and its members, employees, associates, affiliates, joint venture partners, representatives, agents, independent contractors and related entities, from any and all risks or loss, foreseeable or unforeseeable, arising out of any transaction between the Parties. If Coach is found liable for any damages resulting or arising from Client’s use or misuse of the Services, Coach’s liability is limited to the amount of the Fees paid by Client to Coach during the six (6) month period preceding the date on which the cause of action arose. Coach will not be liable for any indirect, incidental, consequential or special damages in any form.
This Agreement will end either (1) automatically upon completion of the Services, (2) automatically upon written notice by Coach if Client fails to make timely payments under this Agreement or (4) immediately if Coach gives written notice for good cause, which, in addition to a material default by Client, includes Client’s obligations as described above. If Client or Coach becomes legally incapacitated or dies, this Agreement will automatically terminate. Notwithstanding anything herein to the contrary, neither party nor their estate will not be obligated to continue rendering services or making payments under this Agreement beyond what has already been performed and paid up to the date of termination. No refunds will be issued for funds received prior to the date of termination.
Coach’s Services do not constitute medical advice, counseling, psychotherapy or psychoanalysis or deal with the diagnosis or treatment of medical or mental health issues. While Coach’s work may address medical and mental health conditions and impairments, and Coach has general knowledge of certain conditions and impairments as they relate to resilience and mental performance, Coach does not employ medical and/or mental health providers for the purposes of offering medical and/or mental health advice. Client acknowledges that the Services are no substitute for medical and/or mental health advice, and will seek medical, therapy, or psychotherapy services, if needed. Coach is able to refer Client to qualified professionals, as needed. COACH DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
As a client and coach, our work is meant to challenge your existing mindset and practices to raise awareness and develop new mental skillsets. There may be times when Coach pushes Client out of their comfort zone, which may trigger difficult thoughts or feelings. If this situation occurs, Client agrees to be open, honest, and respectful to Coach and the process. Client also agrees not to publicly or privately disparage the Services, Coach (personally or professionally), or to communicate with third parties in a way that disparages the Services, Coach (personally or professionally), or harms Coach’s reputation in any way. Unless in mediation, arbitration, or when required by law, Client is prohibited from publicly sharing disparaging thoughts and opinions.
7. MEDIATION, ARBITRATION
THE PARTIES WILL ATTEMPT TO RESOLVE ANY CONTROVERSY OR DISPUTE IN CONNECTION WITH THIS AGREEMENT ON AN AMICABLE BASIS, THROUGH THEIR PROMPT GOOD FAITH DISCUSSIONS OR NON-BINDING MEDIATION. ANY DISPUTE THAT CANNOT BE RESOLVED BY THE PARTIES THEMSELVES (INCLUDING ARBITRABILITY OF THIS SECTION) WILL BE DETERMINED BY FINAL AND BINDING ARBITRATION, BEFORE A SOLE MUTUALLY AGREEABLE ARBITRATOR. IN THE EVENT THE PARTIES CANNOT MUTUALLY AGREE ON AN ARBITRATOR, ONE WILL BE CHOSEN AT RANDOM FROM STATE OF NEBRASKA LIST OF APPROVED ARBITRATORS. THE ARBITRATION AWARD WILL BE IN WRITING AND WILL SPECIFY THE FACTUAL AND LEGAL BASIS FOR THE AWARD. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE SUBSTANTIALLY PREVAILING PARTY WILL BE AWARDED ATTORNEYS’ FEES AND OTHER COSTS.
a) Notices. All notices under this Agreement will be in writing and mailed to the addresses designated herein or to such other address as either party may designate to the other by written notice and will be effective upon receipt. Written notice will be made in the form of a certified letter delivered by USPS (or other reputable mail service which maintains a record of delivery) or acknowledged receipt of electronic mail.
b) Waiver. The waiver by either party of a breach or violation of any provision of this Agreement will not constitute a waiver of any subsequent or other breach or violation.
c) Assignment. Client may not transfer or assign this Agreement without Coach’s prior written consent.
d) Survival. The Additional Terms on the Scope of Services, Investment, Payment Terms, Confidentiality, Intellectual Property, Limitation of Liability, Indemnification and Non-Disparagement, Mediation, Arbitration, Applicable Law & Severability provisions of this Agreement will survive any termination of this Agreement.
e) Severability. Should any provision of this Agreement be held invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from this Agreement and the validity of the remaining provisions will not be affected by such holding.
f) Applicable Law; Venue. This Agreement will be interpreted, construed, governed and enforced by the laws of the State of Arizona, without regard to any principles of conflicts of laws. The parties agree that the proper venue for any dispute shall be Maricopa County, Arizona.
g) Amendments. No amendment of any provision of this Agreement will be effective unless the same will be in writing and signed by Coach and Client.
h) Integration; Entire Agreement. This Agreement sets forth the entire agreement of the parties hereto and supersedes and replaces all prior oral and written agreements and understandings.
i) Counterparts. This Agreement may be executed in counterparts, each of which together will be deemed an original, and all of which together will constitute one and the same document. In the event that any signature is delivered by facsimile or electronic means, such signatures will be deemed to have the same effect as original signatures.
j) Independent Review. Except for representations made in this Agreement, it is understood and expressly agreed that each party relies solely on their own independent analysis of this Agreement and that they have not been influenced in any way whatsoever in executing this Agreement by any representations made by the other or the other's attorneys or representatives.
Please review this Agreement carefully and let me know if you have any questions.
Your electronic signature affirms you have fully read and fully understand all the provisions of this Agreement and you freely and voluntarily enter into, agree to, and accept the terms of this Agreement.
SCHEDULE A: SCOPE OF SERVICES
Mental Performance Coaching
The scope of services for this engagement will include:
Coach will provide:
Ten live online group coaching sessions
Weekly video content and workbooks
Private chat app for group members only
Best practices and insights on how to build a mindset for success in order to excel in your sport, game and life
Sample Topics & Programming Include:
Identifying & Challenging Mindset
Rebounding from Mistakes & Adversity
Handling Nerves & Pressure
Performing in the Zone
Individual Client Informed Consent for Mental Performance Coaching Services
As the parent or legal guardian authorized to provide an electronic signature for the participating athlete, I hereby give permission to Neil Wattier, a mental performance coach (“Coach”), to apply his knowledge of the theories, research, and techniques in the field of sport & performance psychology. The application of this knowledge is primarily intended to help Client improve performance on and off the playing surface.
Coach-Client Relationship for Performance Enhancement
Mental performance coaching can take a variety of forms, depending on your personality and your goals for coaching. Mental performance requires an active effort. To be successful, you must commit to addressing your concerns during consultations, trainings, competitions, and everyday life. Applying the concepts and skills we discuss is essential for improvement with performance and well-being.
Coaching can have risks and benefits. Sessions may focus upon aspects of performance and life that are not going well. Therefore, Client may experience uncomfortable emotions. Client understands in order to enhance the coaching relationship, Client agrees to communicate honestly, be open to feedback and assistance, and dedicate time and energy to participate fully in Coaching.
During our first session, you’ll share your story about your background, your current situation, and your goals. In subsequent sessions we will identify and address your primary concerns and connect you to clear strategies to help you succeed.
Coach is committed to helping Client achieve the desired results, but Client is solely responsible for its results from the Services. Coach has made every effort to accurately represent the Services, but ultimately, Client’s commitment and implementation of any recommendations are solely and completely up to Client. Coach makes no representations or guarantees regarding performance other than those specifically written in this Agreement.
How is Mental Performance Coaching Different from Therapy?
I am your Mental Performance Coach. While this industry uses terms like “sport and performance psychology,” I am not a mental health professional. It is common for clients to work with both a mental health professional and mental performance coach. If at any time you may benefit from mental health counseling, you may engage with a therapist. You are responsible for coordinating care with an appropriate professional.
The coaching relationship, as well as all information (documented or verbal) Client shares with Coach as part of this relationship (“Confidential Information”), is subject to principles of confidentiality set forth in the AASP Code of Ethics. However, the coaching relationship is not considered a legally confidential relationship (as medical and legal professions) and thus, communications are not subject to the protection of any legally recognized privilege. Coach agrees not to disclose any Confidential Information pertaining specifically to Client without Client’s consent, except as otherwise required by law or as specified in this Agreement.
Confidential Information does not include information that: (a) was in Coach’s possession prior to its being furnished by the Client; (b) is generally known or knowable to the public; (c) is
obtained by Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by Coach without use of or reference to the Client’s confidential
information; (e) Coach is required by law to disclose; (f) is disclosed to Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. Client also acknowledges their continuing obligation to raise any confidentiality questions or concerns with Coach in a timely
Parent(s) and guardian(s) have the right to access information regarding their minor’s Coaching at any time. However, I strongly encourage parent(s) to trust I will share any concerns I have regarding their child or their behavior when it clearly jeopardizes child’s safety. If and when communication occurs with parent(s), I will make every effort to ensure child is aware of the communication. This policy is imperative to ensure a trusting relationship with the child.
Coach is currently working towards his Certified Mental Performance Consultant (CMPC) certification, and will be directly supervised by a CMPC Mentor during the time we are working together. As a part of the consultation, to ensure proper ethical, effective treatment is being conducted, the content of our sessions will be recorded and may be discussed with another professional while protecting Client’s identity. Coach and colleagues are required to maintain confidentiality with the same limits as described in this document.
Duty to warn and protect
Notwithstanding anything herein to the contrary, in the event that there are signs of danger (including but not limited to self-harm, harm to others, neglect, abuse), Coach has an obligation to notify the appropriate authorities. In addition, if Coach suspects habitual substance abuse by the Client, this may also be grounds to break confidentiality. In the event that something arises outside Coach’s scope of practice, a referral will be made to the Client to see an appropriate mental health professional. Coach has permission to follow-up with the person the Client was referred to confirm whether the Client has made contact with the appropriate resource.
Sessions, Scheduling and Cancellation Policy
Sessions will take place via Zoom video conferencing. However, in the event Zoom is unavailable, an alternative communication platform may be used.
As a general rule, sessions last up to sixty (60) minutes. This consists of approximately forty-five (45) minutes of direct contact, followed by documentation and reflection.
If Client is not able to attend a session live, the recording and workbook will be sent following each session.
Upon signing this Agreement, Parent commits to all fees required for participation. Payment is due upon registration and must be completed prior to the first meeting. Early registration discounts only apply if payment is received within five (5) days of the early registration end date. Three monthly payments may be coordinated with an additional 10% fee, the first payment being due prior to the first meeting. Payment options include: Stripe, Zelle, or cash. Refunds will not be offered for any reason.
For late payments (5 calendar days after invoice/first of the month with packages), a late fee of $25 is applied. Payment of non-disputed charges are made on time per the terms of the contract while the disputed charges are being resolved. If an outstanding balance remains unpaid after a reasonable period of time (i.e., after two invoices and one reminder letter), I may enlist the services of a collection agency. Under these circumstances only the minimum and required amount of identifying information will be provided to the collection agency.
Informed and Voluntary Consent
Engaging in mental performance coaching is a voluntary process. While packaged billing may give incentive for clients to remain disciplined with their mental training, you may refuse service at any time for any reason. You are under no obligation to discuss your reasons for termination. Nevertheless, I am available to discuss the pros and cons of alternative options (including no action) for addressing your concerns.
Your electronic signature acknowledges that you have read or heard this document in its entirety and that you fully understand it. You understand the nature of this activity and that you am qualified and in good physical and mental health to participate in such activity. Parent or legal guardian providing an electronic signature waive and release ARIZONA MENTAL PERFORMANCE TRAINING and affiliates from any and all claims in any way connected to participation in this training.
By seeking the assistance of a mental performance coach, you are engaging in a contractual agreement.
Your electronic signature acknowledges you have read, understood, and consent to the Agreement.
Last Updated: December 23, 2022