Client Agreement, Terms and Conditions
This Client Agreement (the “ Agreement ”), dated date of purchase (the “ Start Date ”), is made by and between Kellee Wynne Studios, LLC having a business address of 1305 Berni Ruth Lane, Severn, MD 21144 (hereafter known as “ Company ”), and purchaser, (hereafter known as “ Client ”, and collectively, the “ Parties ”). Company agrees to provide Group Coaching Program, the Remarkable League, (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client hereby engages Company to provide services as described below
1 monthly 90 minute 1:1 coaching sessions (2 total).
Weekly email support for one month.
Complete Assessment and Creative CORE Map of your business
The fee for the Program has the following option:
Private Coaching Program - Paid in full : US$1000 or 2 payments of $500
If for any reason Company is offering a special discount/promotion for a limited time, then that replaces the above investment.
LATE / MISSED PAYMENTS
If Client elects to pay by monthly instalments, all payments must be made every 30 days until all payments are complete as per agreed payment schedule, regardless of whether Client completes the Program. In the instance of late payment, the Company reserves the right to suspend Services until payment is complete.
Unless otherwise specified in writing, invoices not paid within 30 days of the invoice date will accrue interest at 10% per month. Client agrees to pay all reasonable attorney’s fees and or other fees or costs if the account is placed with an attorney or agency for collection.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. To further clarify, no refunds will be issued.
Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not;
(1) procure or attempt to procure employment or business or sales for Client;
(2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
(3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy;
(4) act as a public relations manager
(5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client;
(6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into
TERMS + CONDITIONS
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by us or our designated facilitators, or any other source, oral or written, are for personal use only in or in conjunction with this training program only. Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without our express written consent.
The information contained in our program material is strictly for educational purposes. Therefore, if Client wishes to apply ideas contained in this material, Client takes full responsibility for their actions. Company assumes no responsibility for errors or omissions that may appear in any program materials. The Company will keep all client information private & confidential This Agreement shall remain in effect for 12 Months without automatic renewals unless otherwise agreed upon.
The Client understands that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. Client will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. Client understands that all decisions in these areas are exclusively Client’s and Client acknowledges that Client’s decisions and actions regarding them are Client’s sole responsibility.
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 Effective Date shall survive the termination, revocation, or expiration of this Agreement.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product,
(1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights,
(2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company,
(3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of 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.
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary.
Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Company assumes no responsibility for errors or omissions that may appear in any program materials.
COACHING EVENT INFORMATION
As a student of the program you are granted complimentary access to regular group coaching throughout your membership period. The group coaching details will be given to you in a timely manner. In the event that you cannot make the coaching dates this does not qualify you for a refund on the program and you will be given access to the recordings for at least 3 months. It is your responsibility to register and attend the coaching calls.
LIVE/VIRTUAL EVENT INFORMATION
As a client of the program you may be granted a complimentary ticket to Virtual events. You are required to pay for your own accommodation, travel, food and anything else for your travel if attending a live or virtual event. The event details will be given to you in a timely manner closer to the live dates. In the event that you cannot make the training dates this does not qualify you for a refund on the program. The live or virtual event is an added bonus to the online program and is not associated with the refund policy if one is unable to attend. Tickets cannot be transferred to other individuals, only the participant who has purchased the program can use it. In the event that you would like to bring a direct business partner or spouse there will be discounted tickets available prior to registering for the specific event.
EVENT CANCELLATION POLICY
In the rare occurrence that an event needs to be canceled by the promoter due to acts of nature, health issues, attendee safety or other factors that are beyond his control, the promoter is not responsible for any costs associated with travel or travel cancellation by the attendee. This includes but is not limited to hotel, airline and/or other associated costs.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
DUTY TO READ
I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.
I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
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