TRIP DESIGN AND COACHING AGREEMENT TERMS & CONDITIONS
These Terms and Conditions apply to Grand Canyon Guru Trip Design and Coaching
For all other terms and conditions, please refer to grandcanyonguru.com/terms-of-service
1. Grand Canyon Guru Trip Design & Coaching Services.
1.1. GGG Trip Design & Coaching. Trip design and coaching is a collaborative and creative process between you and GCG designed to facilitate the creation of personal, professional and/or business travel goals and assist with implementing plans to achieve defined goals. GCG will work with you to create a custom itinerary designed as a roadmap for a private self-guided DIY tour. Any travel suggestions and/or itineraries offered by GCG as part of the services are for informational purposes only and may be used in your own trip planning process, to complete booking reservations, make travel arrangements and select experiences while traveling.
1.2. Services & Fees. GCG provides you with the specific services set forth in Schedule A, listed below. GCG does not complete any travel arrangements or bookings on behalf of you as part of the service. You agree to pay GCG the Service Fees for the specific services as set forth in Schedule A (“Service Fee”). All fees for Services must be paid by you prior to the initial coaching session. GCG is available for additional trip design and coaching time, per your request, on a prorated rate as set forth in Schedule A (“Additional Fees”). You acknowledge that all Service Fee(s) and Additional Fee(s) found in Schedule A are subject to change in the future. In the event rates change before this Coaching Agreement has been signed by the You, the prevailing rates will apply. You may choose to purchase a fully guided tour based on the custom designed tour itinerary include in the services. If you purchase a fully guided tour with GCG the trip design and coaching Service Fees will be applied to the total cost of the purchased tour and will be reflected on the final payment invoice.
1.3. Service Conditions.
(a) Trip design and coaching services may occur through a combination of video conferencing, telephone and/or email communications. Included sessions are by appointment only and based on GCG’s availability. Contact information for sessions will be sent to the you prior to the scheduled meeting at the email address you provided.
(b) You and GCG agree to adhere to established appointment times, and to begin and finish all appointments on time.
(c) In the event you desire to cancel or reschedule any session, you will send notice of your intent to cancel or reschedule at least twenty (24) hours in advance of the scheduled meeting.
(d) If you are more than fifteen (15) minutes late to any session, GCG will assume that the session is canceled, and you will be responsible for rescheduling.
(e) Email Support tickets are answered as soon as possible but can take up to five (5) business days for a response.
(f) Phone and text support is available during regular business hours. Call and texts are replied to as soon as possible but can take up to five (5) business days for a response.
(g) You acknowledge that although GCG may make reasonable efforts to accommodate your need to reschedule any sessions, GCG has no obligation to do so.
(h) Any and all sessions including sessions requiring rescheduling must be completed within one (1) year from the Effective Date of this Coaching Agreement.
(i) You are not relieved of any payment obligations for cancelled services, rescheduled services and/or failing to attend trip coaching sessions.
1.4. Your Roles & Responsibilities. You acknowledge and agree that:
(j) You are solely responsible for scheduling and attending any sessions via telephone and/or video conferencing (Zoom) with GCG.
(k) You are solely responsible for sending, confirming the receipt of, and reviewing email support tickets.
(l) You are solely responsible for texting, calling, and reviewing the response to any support calls or texts.
(m) You are solely responsible for creating and implementing your own trip planning process, booking travel arrangements and experiences while traveling.
(n) You are solely responsible for your own physical, mental, and emotional well-being, decisions, choices, actions/inaction, and results arising out of, or resulting from GCG, coaching sessions, communications, and interactions with GCG.
(o) Services and service deliverables provided by GCG are subjective and based on the unique vision, experiences, and judgement of GCG. GCG has the freedom to use its professional judgment when providing services to you, which may not include strict adherence to your suggestions. GCG will use reasonable efforts to incorporate your suggestions and desires when providing you with the services; however, GCG shall have the final say regarding the subjective quality of the Services delivered.
(p) You agree that GCG is not and will not be liable or held responsible for any actions or inaction by you, or for any direct or indirect results related to any services or information provided by GCG. Your dissatisfaction with GCG’s judgment, creative ability and/or the subjective quality of the Services are not valid reasons for a refund of any kind.
2. Termination. Failure to Perform. Refunds.
2.1. Termination. Either Party may terminate the Coaching Agreement at any time with effective Notice. Termination of the Coaching Agreement, unless otherwise provided in your contract, will not entitle you to a refund of any portion of the Service Fee(s) and/or Additional Fee(s) paid to GCG. The Coaching Agreement shall commence on the Effective Date and shall terminate upon the earliest of the following:
(q) completion of the Services; or
(r) effective Notice of termination provided by a Party as set forth in this Coaching Agreement; or
(s) twelve (12) months from the Effective Date of this Coaching Agreement
2.2. Failure to Perform Services. In the event GCG cannot or will not perform its obligations under this Coaching Agreement, GCG shall provide Notice to You. If the GCG’s failure to perform the Services are of no fault to you, GCG may issue a refund or credit based on a reasonably accurate percentage of the services rendered, and with account for any costs and fees incurred by GCG for the Services.
2.3. Refunds. You understand and specifically agree that in no event shall GCG be obligated to refund any portion of the fee(s) you have paid to GCG, except as set forth herein. Any refunds issued to you will be done so at the sole discretion of GCG.
3. Intellectual Property. Permitted Use.
3.1. Intellectual Property. GCG shall retain all right, title and interest in and to any works, plans, designs, materials, documentation, ideas, inventions, discoveries, tools, methodology, programs, processes, improvements, copyrights, patents, trade secrets, concepts, techniques, works of authorship and any other tangible or intangible deliverables, intellectual property rights or other rights therein, created, developed or acquired by GCG in connection with, or in the process of fulfilling the services under this Coaching Agreement (the “Work Product”). GCG owns all intellectual property rights in any and all Work Product created or produced pursuant to federal copyright and/or trademark law, whether registered or unregistered, including but not limited to: logos, slogans, brand names, service name, product names, and trade dress.
3.2. Permitted Use. GCG grants you a non-exclusive license to certain Work Products, deliverables and intellectual property intended for your personal use, so long as you provide GCG with attribution each time you may uses GCG’s Work Product deliverables. Personal use includes but may not be limited to: personal photos on your personal social media pages or profiles; personal creations, such as a scrapbook or personal gift; or in personal communications, such as a family newsletter or email or holiday card. In the event that GCG determines your use of the Work Product impermissible, you shall remove such impermissible use within forty-eight (48) hours of Notice from GCG.
4. Miscellaneous
4.1. Confidentiality. You acknowledge and agrees that the Coach-Client relationship is not considered a legally confidential relationship, and thus communications are not subject to the protection of any legally recognized privilege. However, GCG agrees to keep personal conversations, ideas, thoughts, and information provided by you private and confidential, as allowable by law. GCG will not disclose your name or personal information with anyone without your express permission. Exceptions may be made if GCG determines sharing the information is necessary for the delivery of the services contemplated in this Coaching Agreement, or if GCG reasonably believes there to be an imminent threat of serious injury to oneself or someone else. Confidential Information does not include any information readily available or known to the public.
4.2. Electronic Communications. Web Terms & Policies. You acknowledge that GCG provides various trip planning tools and information via GCG’s website grandcanyonguru.com, social media account(s), and through telephone/electronic communications. You acknowledge and consents to the receipt and use of electronic signatures, agreements, notices, disclosures, and other communications, and that all electronic communications will satisfy any legal requirement that such communication be in writing. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You further acknowledge and agree to the terms and policies found on GCG’s website which can be found here: grandcanyonguru.com/privacy-policy, grandcanyonguru.com/terms-of-service, and which are incorporated into the Coaching Agreement by reference.
4.3. Limit of Liability. You agree that in no event shall GCG be liable or responsible for any actions or inaction by the you, or for any direct, indirect, consequential, or special damages resulting from or out of any Services provided by GCG. Except as expressly provided in this Coaching Agreement, GCG makes no guarantees, representation or warranties of any kind or nature, express or implied with respect to the Services. Notwithstanding any damages that you may incur, the GCG's entire liability under this Coaching Agreement, and your exclusive remedy, shall be limited to the actual amount paid by the You to GCG for the Services.
4.4. Indemnification. You agree to indemnify, defend and hold harmless GCG and its affiliates, employees, agents and independent contractors from and against any injury, damages, liability, claim or other cause of action, and will reimburse each indemnified person for all reasonable expenses as they are incurred in investigating, preparing, pursuing, or defending any action, arising out of the gross negligence or willful misconduct of you in connection with the Coaching Agreement.
4.5. Successors and Assigns. The Coaching Agreement binds and benefits the Parties and their respective permitted successors and assigns, except that you may not assign any rights or obligations under this Coaching Agreement without the express written consent of GCG.
4.6. Waiver. The failure of either Party to enforce any provision of the Coaching 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 the Coaching Agreement.
4.7. Amendment. The Parties may amend the Coaching Agreement only by the Parties’ written consent.
4.8. Notices. Each party giving or making any Notice, request, demand, or other communication under the Coaching Agreement shall be delivered in writing to the other Party at the official email address on record
4.9. Entire Agreement. The Coaching Agreement constitutes the final, complete and exclusive agreement between the Parties relating to the matters contained in the Coaching Agreement , and reflects a complete understanding of the Parties with respect to the subject matter. This Coaching Agreement supersedes all prior written and oral representations.
4.10. Choice of Law/Jurisdiction. The Coaching Agreement will be governed and interpreted in accordance with the laws of the State of Florida without regard to conflict of law principles. The location and jurisdiction for the resolution of any disputes arising under the Coaching Agreement will be in the State or Federal court located in St. Johns County, in the State of Florida.
4.11. Dispute Resolution. If a dispute arises out of the Coaching Agreement that cannot be resolved by mutual consent, you and GCG agree to attempt to mediate in good faith for up to thirty (30) days after Notice is sent. 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.
4.12. Force Majeure. Neither Party will be liable for any delay or failure to perform its obligation under the Coaching Agreement if prevented from doing do by acts of God, acts of war, acts of civil disturbance or terrorism, governmental restraints, outbreaks of infectious disease (including quarantines and limitations on activities that result therefrom), utility or communications failures, or any other causes that the affected Party could not, with reasonable care, control or prevent. If such an event occurs, the affected Party will notify the other Party, and both will use their best efforts to resume their obligations under this Coaching Agreement as soon as practical. In the event that the obligations under this Coaching Agreement cannot be resumed, either party may terminate this Coaching Agreement as set forth herein.
4.13. Counterparts. The Parties may execute this Coaching Agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
4.14. Severability. If any term, provision, portion, covenant or restriction of the Coaching Agreement is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of the Coaching Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Schedule A
Trip Design and Coaching Services & Fees
1. Scope of Services. GCG shall perform the following “Services” for You:
GURU TRIP DESIGN & COACHING PACKAGE
Guru Trip Design and Coaching Package is a thirty (30) day trip design and coaching service that connects You to a Grand Canyon expert to answer questions, offer insider tips and local knowledge, recommend experiences and destinations, and create a custom travel experience that can be used for self-guided travel.
Scope of Services
Free consultation with the Guru, no credit card required
One (1) thirty (30) minute Private Tour Review Session via phone
One (1) Experience and Lodging availability search
One (1) Custom Itinerary/Trip Recommendation Guide for your trip
One (1) thirty (30) minute Private Tour Design Session via phone
Thirty (30) days unlimited email support tickets (individual email requests)
Phone and text support during regular business hours
Custom trip recommendations, Guru insider tips and local knowledge
Professional trip designer with extensive Grand Canyon experience
Guru Trip Design & Coaching Packages are valid for thirty (30) days from purchase
Basic Trip Support*
*Basic Trip Support
Unlimited email support from Grand Canyon experts
Phone and text support during regular business hours
Valid for 30-days from booking
2. Trip Design & Coaching Service Fees (“Service Fees”).
$150.00 USD/(one-time fee) for trips up to four (3) days
$200.00 USD/(one-time fee) for four (4) day trips
$250.00 USD/(one-time fee) for five (5) day trips
$300.00 USD/(one-time fee) for six (6) day trips
$350.00 USD/(one-time fee) for seven (7) day trips
$400.00 USD/(one-time fee) for eight (8) day trips
$450.00 USD/(one-time fee) for nine (9) day trips
$500.00 USD/(one-time fee) for ten (10) day trips
$50.00 USD for each additional day of travel over ten (10) days
3. Additional Fee(s). Additional support is available for the Additional Fees set for below:
Additional thirty (30) minute Private Trip Review phone session: $25.00 USD
Additional thirty (30) minute Private Trip Coaching phone session: $25.00 USD
Additional thirty (30) days of Email Support: $50.00 USD
One (1) additional experience and lodging availability search: $25.00 USD
