TEAMDV
COACHING PROGRAM TERMS & AGREEMENT
THIS COACHING PROGRAM TERMS & AGREEMENT (the “Agreement”) is made and entered into as of the earlier signed date below (the “Effective Date”), by and between TEAMDV, a Florida Limited Liability Company (the “Coach” or “We”) and Signee (“You” or the “Client”). Both the Coach and Client are herein referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the Coach has developed and organized an award-winning cheerleader instruction and choreography program that serves school districts and colleges in preparation for tournaments. Client wishes to engage Coach to receive coaching services in exchange for compensation based on the terms and conditions stated below. Now, therefore, the Parties agree as follows:
TERMS OF OUR AGREEMENT
PROGRAM DETAILS: As a participant of the TEAMDV program you will receive one or more of the following services by the Coach (the “Program”):
- One-on-One Team Instructions:
- Choreography
- Stunt Clinics
- Skills Camp
- Routine Cleanup
- Video Review
THE COACHING RELATIONSHIP: Coach agrees to serve as your cheerleading coach. Our Program is designed to help your team learn and execute cheer routines. To pursue these goals, both Client and Coach agree to work in alliance respective of our individual responsibilities as described below:
Coach’s Responsibilities: Coach agrees to:
- Remain committed to help Client in all their coaching needs.
- Ask Client thoughtful questions designed to increase awareness.
- Give in-depth feedback, prioritize honest communication, and remain fully transparent.
- Teach Client techniques and provide resources designed to assist Client in achieving goals.
Client Responsibilities: Client agrees to ensure:
- Teams are always required to acquire the location in which the session will be held.
- An adult of at least 21 years of age must be present at the camp at all times.
- All student athletes attending the Program must be a student of the school
- All student athletes must be medically cleared through the school’s athletic department
- To show up to sessions on time and with an open mind,
- Maintain proper liability insurance for their participants.
- Obtain all required releases and permissions form parents and school.
Conduct In The Program: Participants are strictly forbidden from the following:
- Verbal or Physical Abuse against any of the Coaching staff
- Sharing private and proprietary information from the Program or other participants with anyone else outside of the Team.
- Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
If Client performs any of the conduct explained above, it shall constitute a material breach of this Agreement.
Coach does its best to create a safe and welcoming space for all participants, however, Coach cannot guarantee that all participants will follow these guidelines. Coach, in its sole discretion, may remove any participant from the Program. Therefore, Coach shall not be held liable for any participant’s comments, actions, that result in another participant’s trauma or discomfort.
TERM AND FEE SCHEDULE
TERM: This Agreement takes effect as of the Effective Date and shall continue through to the Program end date, which will be communicated to the Client and all Program members.
FEE: The total cost for our Program is mutually agreed upon on invoice issued at time of booking. Cost due upon the start of the Program. Total cost will be provided in Invoice attached with this Agreement. Props and Music licensing are not included in pricing of Choreography and shall be provided by the Client.
METHOD OF PAYMENT: Client agrees to pay via cash or check subject to the following terms:
- Cash payments must be made in person and a written receipt will be provided at the time of payment.
- All checks must be made payable to: TEAMDV
- A returned check will incur a $35 fee and all future payments must be made via cash.
REFUND POLICY: The Client accepts that due to the nature of the Program and how making payment secures the Client in the Program, the Coach does not offer any refunds under any circumstances. All sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Program, failing to follow through or understand(ing) the details of the Program, not experiencing the results as expected or desired, cancelation or postponement of the competition, or experiencing any other similar situations will not, under any circumstance, warrant a refund nor will it amount to an alleged breach of contract.
RESCHEDULING/CANCELLATION: Rescheduling requests may be considered by Coach on a case-by-case basis and subject to availability. Client must email Coach the proposed rescheduling date at least two weeks prior to the original scheduled date. Rescheduling accommodations are not guaranteed. If rescheduling cannot be accommodated, the Client will be subject to the cancellation policy set forth.
If Client wishes to cancel a previously scheduled Program, the following cancellation fee will be applied:
- Cancellation after Service Contract is signed: Previously agreed Travel Expenses
- Cancellation with 15-30 day notice: $850 + Travel Expenses
- Cancellation with notice under 14 days: Full Total Program Cost + Travel Expenses
ASSUMPTION OF RISK & LIABILITY WAIVER
ACKNOWLEDGMENT OF RISK: Client acknowledges that cheerleading is a physical activity that carries inherent risks, including but not limited to sprains, strains, fractures, concussions, and other injuries resulting from stunts, tumbling, jumps, and physical exertion. Client agrees that while the Coach will take all reasonable precautions to minimize risk, Coach does not and cannot guarantee the prevention of injuries. All participants must be medically cleared through the school’s athletic department prior to the commencement of the program. Clients are responsible for obtaining all necessary permissions and approvals for minor participants. This includes any forms or consents required for participation and safety.
WAIVER OF LIABILITY: To the fullest extent permitted by law, the Client agrees to release, indemnify, and hold harmless the Coach, including any assistants or agents acting under Coach’s direction, from all claims, liabilities, damages, or expenses arising out of injuries or losses sustained by student-athletes participating in activities under this Agreement.
INSURANCE REQUIREMENT: Client represents and warrants that it maintains adequate general liability insurance and student accident insurance covering all student-athletes participating in cheerleading activities. Upon request, the Client shall provide Coach with a certificate of insurance confirming coverage.
CONFIDENTIALITY
Coach respects the privacy of its clients and will not disclose any information provided except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect Coach’s confidential information as well. Specifically, Client shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains Coach’s proprietary methods, processes, forms, templates, and other information. Client hereby agrees not to share the information provided to you in the Program with anyone other than Coach, its owners and employees, and other Program participants.
DISCLAIMERS
DISCLAIMERS: Client understands that Coach cannot and does not guarantee any specific outcomes or results as a result of the coaching services provided under this Agreement. Client acknowledges that any testimonials or success stories shared by Coach or other clients are not indicative of guaranteed results and are provided for illustrative purposes only. The success of the Program depends on various factors, including but not limited to the Participant’s commitment, effort, and willingness to implement the strategies and techniques discussed throughout the Program. Client further acknowledges that the Program and our coaching services are for educational and general purposes only. Coach disclaims all liability and responsibility for any loss, damage, or injury arising from the use of the coaching services provided under this Agreement.
MODIFICATION: Coach may modify terms of this Agreement at any time and will notify Client promptly of any changes to these terms or the Program services. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. The remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
NON-DISPARAGEMENT: The Client agrees that during the term of this Agreement and thereafter, the Client will take no action which is intended, or would reasonably be expected, to harm Coach or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to Coach. The Client will not disparage the Coach, its officers, directors, employees, shareholders, and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation.
INDEPENDENT CONTRACTOR: The relationship between Coach and Client is that of an independent contractor, with no partnership, joint venture, or other relationship implied.
INDEMNIFICATION: The parties agree to indemnify, defend, and hold harmless each other and their officers, employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of the breach of any obligation, warranty, or representation by the other in this Agreement.
ASSIGNMENT: If the Client is no longer assigned to make decisions for the team, whether due to resignation, termination, incapacity, or any other reason, Client shall then assign all rights and obligations under this Agreement to their replacement. The Client agrees to cooperate fully in facilitating a smooth transition to their replacement, including the transfer of relevant materials, plans, and responsibilities. This assignment shall not release the original Client from liability for any breaches occurring prior to the effective date of the assignment.
SEVERABILITY AND NON-WAIVER: If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be deemed severable, and shall not affect the remaining provisions, which shall continue in full force and effect. The waiver of any provision of this Agreement by Coach will not operate or be interpreted as a waiver of any other provision, or waiver of the same provision on a subsequent date.
SURVIVAL: The provisions of this Agreement that by their nature are intended to survive termination, including but not limited to the confidentiality obligations, intellectual property rights, payment obligations, and non-disparagement provisions, shall survive the termination or expiration of this Agreement.
TERMINATION: This Agreement may be terminated by either Party upon thirty (30) days written notice. Termination must be in writing via email and shall be deemed effective upon the date such notice is successfully sent. Upon termination of this Agreement, for any reason: (a) Coach shall provide no further Services to Client; (b) Client will pay the cancelation fee and (c) the Parties shall return or destroy all Confidential Information received from the other party. Otherwise, this Agreement will terminate on February 28th, 2026.
FORCE MAJEURE: Coach shall not be deemed in breach of this Agreement if Coach is unable to complete the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of a public enemy, death, illness, or the incapacity of Coach, or any local, state, federal, national or international law, governmental order or regulation, cancelation of competition, or any other event beyond Coach’s control (collectively “Force Majeure Events”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing any services and shall propose revisions to the schedule for completion of the Program. The Client may opt to pause all services until Coach can resume work or may choose to begin Termination proceedings explained herein.
DISPUTE RESOLUTION & GOVERNING LAW: If any claim of dispute arising out of, or relating to, this Agreement is not settled promptly in the ordinary course of business, the Parties shall seek to resolve such dispute between them, first, by negotiating promptly in good faith. If the Parties are unable to resolve the dispute within twenty (20) business days (or such period as the Parties otherwise agree), then any such dispute shall be resolved by a binding arbitration in St. Johns County, Florida conducted by a single arbitrator under the rules of the American Arbitration Association. The arbitrator must base his or her decision upon this Agreement and applicable law. If any legal action is necessary to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney fees, costs, and expenses. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
ENTIRE AGREEMENT
These terms and Agreement, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, advertisements, understandings, or representations between the Parties.