By purchasing Program (the “Program”) from Jessica Lee, a Sole Proprietor, (the “Company”), you (the “Client”) agree to the following terms of this Purchase Agreement (the “Agreement)”:
The Company agrees to provide the Program and the Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Program.
The Client understands the Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in the Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. The Company promises that all information provided by the Client will be kept strictly confidential, as permissible by law.
3. PROGRAM STRUCTURE.
The Program structure depends on which option and price point the Client chooses at payment checkout.
The Company’s requests for the Client’s participation in the Program:
Please be on time to all scheduled calls. The calls will not be repeated for you.
Be honest and participate fully. Recognize that the calls are a safe place to look at what you really want, and what it will take to make it happen.
Make a commitment to the action plans you create, and do what you have agreed to do. Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful.
This Program is a self-study program which can be completed at a pace that is decided upon by the Client. (the “Term”).
You accept our Terms by:
(a) continuing to use our Services;
(b) paying for our Services; or
(c) written confirmation that you accept, including by email.
The Company is committed to providing all clients in the Program with a positive program experience. By purchasing the Program, the Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate the Client’s participation in the Program without refund or forgiveness of monthly payments if the Client becomes disruptive or upon violation of the terms. If the Client decides to terminate this Agreement, the full payment is accelerated to the termination date, meaning that the remaining cost of the Program is due upon termination and no refunds will be issued.
The price for the Program is dependent on the option selected at the checkout. The Client grants the Company the authority to charge the card(s) provided 30 days after the initial purchase until all payment is made (if the payment plan/recurring payment option has been requested). If a payment is not received by its due date, the Company reserves the right to suspend Services until payment is complete. In addition, a 2% interest fee will be charged for each day that payment is late for a maximum of 30 days. If the Client does not commence with payment after 14 days, the Company has the right to terminate this Coaching Agreement and cease all access to group calls and Program materials. No refunds of prior payments will be given.
7. REFUNDS / GUARANTEE.
Due to the highly customized nature of the program, no refund will be provided.
The Company will hold calls over the web or by telephone. It is Client’s responsibility to attend all calls with the Company. If the Client fails to attend calls, they will not be rescheduled.
The Client also understands that any/all scheduled coaching calls will only be available as long as the Program is still being offered by the Company on its website www.jessicalee.co. If the Company decides to no longer offer the Program for purchase at a date and time in the future, the Company will notify the Client via email at least 30 days prior to the Program end date and include a final group call.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement. The Client understands, accepts and agrees that group calls will be recorded and replayed for past, current and future participants of the Program and consents to the release of this information.
10. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
11. NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to the Client in the course of the Client’s work with the Company is proprietary, copyrighted and developed specifically for the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client’s individual use only and are granted as a single-user license. The Client is not authorized to use any of the Company’s intellectual property for the Client’s business purposes. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.
Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Company, its employees, or agents. The Company shall not make any false, disparaging, or derogatory statements in public or private regarding the Client and its relationship with the Company.
The Client agrees to indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Client’s participation or action(s) under this Agreement. The Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by the Company, in writing.
14. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the Canadian Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Vancouver, British Columbia, Canada. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including lawyers’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
15. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, regardless of the conflict of laws principles thereof.
16. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement is deemed signed and accepted by the Client and the Client’s electronic click to accept the terms of this Agreement and the Client’s purchase of the Program.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of the Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
21. FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State/Provincial Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
22. CHANGES TO THIS AGREEMENT.
The Company may revise these terms and will always post any updated or more recent versions on the Company website. By continuing to use or access the Program after any revisions come into effect, the Client agrees to be bound by the revisions.
23. CLIENT RESPONSIBILITY; NO GUARANTEES.
With the exceptions outlined in Part 7 of this Agreement, the Client accepts and agrees that the Client is 100% responsible for its progress and results from the Program. The Company will help and guide the Client; however, participation is the one vital element to the Program’s success that relies solely on the Client. The Company makes no representations, warranties or guarantees verbally or in writing regarding the Client’s performance. The Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By purchasing the Program and accepting these Terms of Service, the Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach its goals as a result of participation in the Program and the Company’s comments about the outcome are expressions of opinion only. The Company makes no guarantee other than that the Services offered in this Program shall be provided to the Client in accordance with the terms of this Agreement. There is no guarantee of making $5,000 a month either by or after taking the Program.
24. INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
If you do not understand or agree with any of these conditions, please do not purchase this program. If you require further clarification, please contact firstname.lastname@example.org