This consulting representation agreement (“Agreement”) is entered into by and between The Divorce Solutionist (“TDS”), Tracey Bee, (Strategist/Coach), and Amanda Jovidien (Client).
Recitals:
WHEREAS, TDS has experience in the field of professional advising, mediating, consulting, and coaching and;
WHEREAS, TDS is willing to be engaged by Client upon the terms and conditions herein contained; and
WHEREAS, Client’s legal & financial information, personal information, documents and other tangible evidence are comprised of Proprietary and Confidential Information, as defined below, which Client wishes to preserve and protect;
NOW, THEREFORE, in consideration of the recitals, and of the terms, covenants, and conditions set forth herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, Client and mutually agree as follows:
Client hereby retains to render the following services to Client:
FIVE (5) HOUR PACKAGE
The manner and means by which one chooses to complete the services are in ’s sole discretion and control. TDS’s obligations shall be conditioned upon receiving such information and cooperation from Client as may be reasonably necessary to perform the aforementioned services.
2. Services NOT Performed by the Professional. Although TDS may comment upon Client’s legal documents, financial statements, or other documentation in the course of performing the services hereunder, Client acknowledges that is not acting in an attorney capacity (which means TDS cannot make any formal court appearances on Client’s behalf), nor is providing other services or opining on representations made in any legal representation related to the agreed upon services. Client further acknowledges that Client should consult with its own attorney regarding any matters requiring legal advice or representation.
3. Relationship of Parties. This Agreement shall not constitute any other relationship other than Strategist/Coach-Client, and it is the intent of each party that this relationship shall be in place at all times and be contractual pursuant to this Agreement.
4. Term. The term of this Agreement shall commence on the date hereof and shall remain in effect for a period specifically stated in the terms.
( ) One month
( ) Three months
( ) Six months
(X ) Other FIVE (5) ONE-HOUR SESSIONS
5. Compensation. For services provided hereunder, TDS shall be paid the sum of $1295 to be paid in advance for the upcoming month.
For:
( ) One Month Consulting-Coaching
( ) Three Months Consulting-Coaching
( ) Six Months Consulting-Coaching
( ) Trial Preparation
( ) Unabridged Strategic Action Plan
( ) Evidence Organization
( ) Mediation
(X ) Other FIVE (5) ONE-HOUR SESSIONS
(Additional services to be billed $225 per hour, in fifteen-15 minute increments).
*NOTE: All communication necessary to complete the contracted services shall be limited to emails (unless otherwise stated). Prompt response to information requests is necessary to meet the Contractor’s obligations. Any additional unpermitted forms & means of communication will be debited against the allotted time for meetings.
Any additional expenses, i.e. retrieving court records/files, making copies, notary, etc., required to complete said services shall be communicated to the Client within 24 hours of completion/submission.
All payments must be made directly to The Divorce Solutionist via acceptable forms, i.e. check, wire transfer, credit card or other payment processing method.
**NOTE: Any continuances, adjournments, etc. of the scheduled hearing/trial, for any reason, shall not extend the period of the services rendered with respect to any form of trial preparation services.
6. Extent of Services. The extent of services provided depends on the specific service the Client pays for. Paying for a Consultation-Coaching package does not entitle the Client to extensive Trial Prep, for example. No Unbundled Service shall be included as part of any of the services above unless this Contract specifically states this.
The parties agree that engagement between them shall be delivered via telephone/video &/or email unless otherwise stated.
IF APPLICABLE, the other “work” that will accompany the “live” contact might include exercises, Workshops, etc. Strategist/ Coach will be available to the Client by e-mail in between scheduled meetings as defined by the Strategist/Coach. Strategist/Coach may also be available for additional time, per the Client’s request on a discounted basis (to be determined).
For example, reviewing documents, reading or writing reports/records/transcripts, and engaging in other Client-related services outside of coaching hours in packages other than 1:1 Consulting.
NOTE: Rules with respect to how meetings are to be held/conducted; delivery or exchange of information/documents; turnaround time for information requests, communication, document preparation/review, research, etc.; transferability of services/meetings; forfeiture of time, services, etc.; change in venue, court status, etc; access to third parties (waivers &/or consent) and anything else not discussed here are all found in the RULES & RESPONSIBILITIES. The client is responsible for knowing what is and is NOT covered in the Rules.
7. Termination of Services. The duration of the time period covered by this Agreement is determined by the service. All 1:1 monthly package services are set at a 1, 3 or 6-month duration, calendar days. All 1:1 hourly package services are to be used when the Client chooses. Any services rendered AFTER the term ends will be invoiced at the appropriate rate for strategy sessions, Unbundled Services, etc. NOTE: Some of these services will be available at a Discounted Rate.
8. Protected Materials. Any printed materials or recordings provided to the Client as part of the services rendered, pursuant to the Contractual relationship, is the proprietary property of TDS and is protected. This material shall not be printed, publicized, shared, or recorded for sharing or distributing to anyone not a party to this Agreement. Any such activity shall subject the Client to liability by TDS on any available grounds.
9. Responsibility of Client to Provide Full Disclosure. It is the Client’s responsibility to provide all of the necessary information for the contracted services to be performed. It is the duty of the Client to be fully candid and transparent about all relevant information, details, facts, etc. regarding anything material to their case. Failure of the Client to be honest and share all necessary information can jeopardize the nature of the services and the overall outcome of the case.
10. No Guarantees. TDS makes no guarantees about getting any specific outcome. The Client accepts that any predictions made by the Strategist/Coach are not guaranteed. However, TDS will provide additional service, when necessary, at no additional cost, to ensure that the Client is satisfied with its services.
11. Client’s Rules & Responsibilities. The client’s list of rights, obligations, etc. is provided in a separate document apart from this Agreement. If any provisions in the Rules conflict with those in this Agreement, the Agreement prevails. It is the Client’s obligation to Read the Rules document and to “accept” or marked as “read & received” by the Client.
A COPY OF THE RULES & RESPONSIBILITIES ARE ATTACHED EXCEPT FOR UNBUNDLED SERVICES.
12. Disclosure of Information. TDS agrees that at no time (either during or subsequent to the term of this Agreement) will they disclose or use, except in pursuit of the business of Client or any of its subsidiaries or affiliates, any Proprietary and Confidential Information of Client, or any subsidiary or affiliate of Client, acquired during the term of this Agreement. The term “Proprietary and Confidential Information” shall mean, but is not limited to, all information that is known or intended to be known only to Client, its subsidiaries and affiliates, and their employees, including any document, record, legal/financial or other information of Client, or others in a confidential relationship with Client, and further relates to specific business matters such as the Client’s financial information, the identity of clients and patients, policies and procedures, fee structures, trade secrets, proprietary know-how, account information, and other information relating to other business of Client, its subsidiaries and affiliates, and their employees. agrees not to remove from the premises of Client except as necessary for performing services in accordance with the terms of this Agreement, any document, record, or other information of Client or its affiliates.
TDS agrees to return or destroy, immediately upon termination of ’s services hereunder, any and all documentation relating to Proprietary and Confidential Information of Client and of others that are in the possession of, in whatever format it may be maintained, whether provided to or developed by, and to provide a certificate of destruction if required by Client.
Notwithstanding the foregoing, the restrictions contained in this Section 6 shall not apply to any Proprietary and Confidential Information that (i) is a matter of public knowledge or prior personal knowledge (from a source other than a party to this Agreement or its affiliate), (ii) is independently developed by a person not a party to this Agreement without the use, directly or indirectly, of Proprietary and Confidential Information, or (iii) is required by law or the order of any court or governmental agency, or in any litigation or similar proceeding to be disclosed; provided that the disclosing party shall, prior to making any such required disclosure, notify the other party with sufficient notice to permit that party to seek an appropriate protective order.
13. Remedies. In addition to any other remedies, which Client may have by virtue of this Agreement, TDS agrees that in the event that a breach of the confidentiality provisions of this Agreement occurs or is threatened, Client shall be entitled to obtain an injunction against from a court of competent jurisdiction to restrain any breach of confidentiality.
14. Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days advance written notice to the other, unless otherwise mutually agreed upon. However, any monies paid will NOT be refunded. Any outstanding amount due shall be paid within ten (10) of cancellation.
15. Limitation of Liability to Client. Notwithstanding any other provision of this Agreement, in no event shall TDS be liable to Client for Client’s losses associated with the services provided. Furthermore, in no event shall TDS’s liability to Client under any circumstances exceed the amount of compensation actually received by TDS from Client under this Agreement as of a date certain. Further, will not be liable for delays or performance failures due to circumstances beyond ’s control.
16. Indemnification of TDS. Client shall indemnify, defend and hold harmless TDS from and against any and all third-party claims, liability, suits, losses, damages, and judgments, joint or several, and shall pay all costs and expenses (including counsel's fees and expenses) as they are incurred in connection with the investigation of, preparation for or defense of any pending or threatened claim or any action or proceeding arising therefrom, that TDS incurs as a result of having performed services on behalf of Client.
17. Client’s Representations. Client represents that it has the full right and authority to enter into and perform this Agreement. The consummation of the Agreement and the transactions contemplated herein do not violate any outstanding assignments, grants, licenses, encumbrances, obligations, agreements, or understanding between the Client and any other person or entity. Client represents and warrants that Client is able to timely pay all fees and expenses incurred in the performance of the services hereunder.
18. Amendments. This Agreement may be amended only in a writing signed by both parties.
19. Independent; No Agency. The parties agree that at all times during the term of this Agreement, TDS shall continue to be independent, and is not authorized as, nor shall be deemed to be an employee, agent, partner, joint venturer, or representative of Client. Neither party has the authority to bind the other or to incur any liability on behalf of the other, nor to direct the employees of the other. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of principal and agent. TDS shall retain the right to perform services for others during the term of this Agreement.
20. Entire Agreement. This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both the Coach and the Client.
21. Dispute Resolution. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (a certain amount of time such as 30 days) after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
22. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
23. Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
24. Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the State of _NJ, without giving effect to any conflicts of laws provisions.
25. Binding Effect. This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
26. Miscellaneous. No waiver by Client of any breach of this Agreement by TDS shall be considered to be a waiver of any other breach. Should any litigation be commenced between Client and relating to any such breach, the prevailing party shall be entitled, in addition to such other relief as may be granted, to reasonable costs and attorney’s fees relating to such litigation. If any term or provision of this Agreement is determined to be illegal or invalid, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. This Agreement shall be governed by the laws of the State of New Jersey.
This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the ________ _______ , 2023.
CLIENT
_____________________________________________
Signature
____________________________________________
Tracey Bee, The Divorce Solutionist
