This agreement (the “Agreement”) is effective as on the date mentioned below (the “Effective Date”), by and between The Institute for Female Trailblazers, LLC (hereinafter known as the “Company”) and You, (hereinafter known as “Client”). WHEREAS, Company is the creator, founder and owner of the Institute for Female Trailblazers LLC, which provides online and face-to-face coaching services in the field of personal growth and wellness. In addition, the Company provides products and additional consulting services to enhance the overall coaching experience (collectively and hereinafter known as the “Program”). WHEREAS, Client desires to participate in the Program, which includes, but is not limited to training calls, educational virtual retreats, private telephone coaching calls, question & answer group calls, and more. If the Company approves your Application and accepts your offer to participate in the Coaching Program, then this Agreement automatically becomes a binding contract between you and the Company and applies to your participation in the Program.
NOW, THEREFORE, the parties agree as follows: Client agrees to:
*Comply with the payment option they signed up for, and authorizes the Company to charge that amount to the above-mentioned credit card(s). Client further agrees to be bound by this monthly or other identified and agreed-upon plan.
*Abide by the Program as described in the Agreement. By completing and signing this contract and providing your credit card information, Client hereby acknowledges that Client has read, understands, and agrees to be bound by the terms and conditions stated herein.
From time to time the Company may modify this Agreement and such modifications shall be effective upon posting, by the Company on the Company website at Institute for Female Trailblazers (the “Company Website”), and/or via email with the subject line explicitly stating “amendment to existing agreement”, “amendment to existing terms of use”, or any similar language denoting the terms of use are to be modified. Client agrees to be bound to any changes to this Agreement when using Company’s services after any such modification is posted. It is therefore important that the Client review the Agreement, the Company Website, and all emails generated from the following emails: [email protected] on a regular basis, to ensure you are updated as to any changes. Client’s failure to object to said changes within five (5) calendar days of receipt of notice of those changes, will amount to an understanding, acceptance.
Authorization Of Payment. By completing the Application and signing below you authorize the Company to charge your credit card or cash your check as payment for your membership in the Program, if the Company approves your Application and accepts you into the Program. This is not an installment contract. Furthermore, you agree that if you are accepted into the Program you are responsible for full payment of fees for the entire six (6) or twelve (12) month course of the Program (the “Commitment Period”), regardless of whether you actually attend or complete the Program, and regardless of whether you have selected a lump sum or monthly payment plan. By signing the Contract you agree that, if, for any reason, you choose to remove or cancel yourself out of the program prior to the end date of the Commitment Period, you are obligated to pay or continue paying any outstanding balance(s) for the entire six (6) or twelve (12) month, period from the date printed on this enrollment form. To further clarify, no refunds will be issued and all scheduled payments must be paid on a timely basis whether you complete the Program or not.
Termination For Unprofessionalism. We are committed to providing all Program participants with a positive Program experience. By signing below, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or remove any participant from continuing in the Program at any time without a refund if the participant ceases to follow the Program guidelines, becomes disruptive or difficult to work with or if participant impairs the participation of the Program instructors or participants in the Program.
By signing below you agree that if you miss any scheduled coaching calls you lose that call and cannot reschedule it. Client also understands that any/all scheduled coaching calls, retreat days or other benefits expire at the end of the Commitment Period, and will not be carried-over. It is important to note that your benefits MUST be used during the Commitment Period.
Confidentiality. We respect your privacy and must insist that you respect the privacy of fellow Program participants. By signing below you agree not to violate the publicity or rights of fellow Program participants and of the Company.
By signing below you agree (1) not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any information shared by Program participants or any representative of the Company is confidential and proprietary and belongs solely and exclusively to the participant who disclosed or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By signing below you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited. Further, by signing below you agree that if you violate or display any likelihood of violating any of your agreements contained in this paragraph the Company and/or the other Program participants) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Financial Responsibility. We have made every effort to accurately represent the Program and its potential benefits. Results can and do vary, therefore the Company makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their business, desire and motivation. By signing below you also acknowledge that you have represented to the Company that that payment of your Program membership fees will not place a significant financial burden on you or your family.
Disclaimer. The Program instructors are not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by the Program instructors are not intended as such. You should refer all legal, tax, accounting and financially related inquiries to appropriately qualified professionals.
Assignment. Neither party shall assign this Agreement without the written consent of the other.
Governing Law. This agreement and performance hereunder shall be governed by the laws of the State of New York, Sole venue and jurisdiction for any proceedings under this agreement shall be in the state and federal courts located in Erie County, New York.
Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood, or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement until as soon as practicable after a force majeure condition ceases to exist.
Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested at the address first set forth above. Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.
Waiver. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
Severability. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
Entire Agreement and Amendment. This Agreement and the Letter constitute the entire agreement and understanding between the parties and supersede any prior agreement or understanding, whether oral or written, relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning of construction of any provisions of this Agreement.
Intellectual Property: Each Party to this Agreement shall (a) preserve and maintain the subsistence and validity of the Intellectual Property necessary for The Institute for Female Trailblazers; (b) use commercially reasonable endeavors to prevent any infringement in any material respect of the Material IP; (c) make registrations and pay all registration fees and taxes necessary to maintain the Material IP in full force and effect and record its interest in that Material IP; (d) not use or permit the Material IP to be used in a way or take any step or omit to take any step in respect of that Material IP which may materially and adversely affect the existence or value of the Material IP or imperil the right of a Party to use such property; and (e) not discontinue the use of the Material IP.