MARILYN O’MALLEY COACHING & ENROLLMENT AGREEMENT
By clicking “I Agree,” entering your credit card information, or otherwise
enrolling, electronically, verbally, or otherwise, in the course, you (“Client”)
are entering into a legally binding agreement with Faithworks Coaching &
Seminars, LLC a California Corporation (“Company”), according to the
following terms and conditions:
1. COMPANY’S SERVICES. Upon execution of this Agreement, electronically,
verbally, or otherwise, the Company agrees to render services related to
education, seminar, consulting, coaching, and/or business-coaching (the
“Program”). The terms of this Agreement shall be binding for any further
goods/services supplied by Company to Client.
Parties agree that the Program is in the nature of coaching and education.
The scope of services rendered by Company pursuant to this contract shall
be solely limited to those contained therein and provided for on Company’s
website as part of the Program. Company reserves the right to substitute
services equal to or comparable to the Program for Client if the need arises.
2. COMPENSATION. Client agrees to compensate Company according to
the payment schedule set forth on Company’s website and the payment
plan selected by Client (the “Fee”). Company shall charge a 5% (fivepercent)
late penalty to all balances that are not paid in a timely manner
by Client.
3. REFUNDS. Upon execution of this Agreement, Client shall be responsible for
the full extent of the Fee. If client cancels attendance at the Program for
any reason whatsoever, Client will receive no refund.
21 Live&Luxurious with Gina DeVee Admin@EstherExperience.com
4. CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides
Company with Credit-Card(s) information for payment on Client’s account,
Company shall be authorized to charge Client’s Credit Card(s) for any
unpaid charges on the dates set forth herein. If client uses a multiplepayment
plan to make payments to Company, Company shall be
authorized to make all charges at the time they are due and not require
separate authorization in order to do so. Client shall not make any
chargebacks to Company’s account or cancel the credit card that is
provided as security without Company’s prior written consent. Client is
responsible for any fees associated with recouping payment on
chargebacks and any collection fees associated therewith. Client shall not
change any of the credit card information provided to Company without
notifying Company in advance.
5. NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial purposes,
any portion of the Program (including course materials), use of the Program,
or access to the Program. This agreement is not transferrable or assignable
with the Company’s without the Company’s prior written consent.
6. NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and
original materials shall be provided to the Client for his/her individual use
only and a single-user license. Client shall not be authorized to use any of
Company’s intellectual property for Client’s business purposes. Client shall
not be authorized to share, copy, distribute, or otherwise disseminate any
materials received from Company electronically or otherwise without the
prior written consent of the Company. All intellectual property, including
Company’s copyrighted course materials, shall remain the sole property of
the Company. No license to sell or distribute Company’s materials is granted
or implied.
7. LIMITATION OF LIABILITY. By using Company’s services and enrolling in the
Program, Client releases Company, it officers, employers, directors, and
related entities from any and all damages that may result from anything and
everything. The Program is only an educational/coaching service being
provided. By using Company’s services and enrolling in the Program, Client
releases Company from any and all damages that may result from anything
and everything. Client accepts any and all risks, foreseeable or
nonforeseeable, arising from such transactions. Regardless of the previous
paragraph, if Company is found to be liable, Company’s liability to Client or
to any third party is limited to the lesser of (a) the total fees Client paid to
Company in the one month prior to the action giving rise to the liability, and
(b) $1000. All claims against Company must be lodged with the entity
having jurisdiction within 100-day of the date of the first claim or otherwise
be forfeited forever. 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 enrollment in the Program. Client agrees that use of Company’s
services is at Client’s own risk.
8. DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is
100% responsible for her/his progress and results from the Program. Client
accepts and agrees that she/he is the one vital element to the Program’s
success and that Company cannot control Client. Company makes no
representations or guarantees verbally or in writing regarding performance
of this Agreement other than those specifically enumerated herein.
Company and its affiliates disclaim the implied warranties of titles, merchant
ability, and fitness for a particular purpose. Company makes no guarantee
or warranty that the Program will meet Client’s requirements or that all
clients will achieve the same results.
9. COURSE RULES. To the extent that Client interacts with Company staff
and/or other Company clients, Client agrees to at all times behave
professionally, courteously, and respectfully with staff and clients. Client
agrees to abide by any Course Rules/Regulations presented by Company.
The failure to abide by course rules shall be cause for termination of this
Agreement. In the event of such termination, Client shall not be entitled to
recoup any amounts paid and shall remain responsible for all outstanding
amounts of the Fee.
10. USE OF COURSE MATERIALS. Client consents to recordings being made of
courses and the Program. Company reserves the right to use, at its sole
discretion, course materials, videos and audio recordings of courses, and
materials submitted by Client in the context of the course(s) and the
Program for future lecture, teaching, and marketing materials, and further
other goods/services provided by Company, without compensation to the
Client. Client consents to its name, voice, and likeness being used by
Company for future lecture, teaching, and marketing materials, and further
other goods/services provided by Company, without compensation to the
Client.
11. NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of
his/her own wellbeing during the course and seek medical treatment
(including, but not limited to psychotherapy), if needed. Company does not
provide medical, therapy, or psychotherapy services. Company is not
responsible for any decisions made by Client as a result of the coaching and
any consequences thereof.
12. TERMINATION. In the event that Client is in arrears of payment or
otherwise in default of this Agreement, all payments due here under shall be
immediately due and payable. Company shall be allowed to immediately
collect all sums from Client and terminate providing further services to Client.
In the event that Client is in arrears of payments to Company, Client shall be
barred from using any of Company’s services.
13. CONFIDENTIALITY. The term “Confidential Information” shall mean
information which is not generally known to the public relating to the Client’s
business or personal affairs. Company agrees not to disclose, reveal or make
use of any Confidential Information learned of through its transactions with
Client, during discussion with Client, the coaching session with Company, or
otherwise, without the written consent of Client. Company shall keep the
Confidential Information of the Client in strictest confidence and shall use its
best efforts to safeguard the Client’s Confidential Information and to protect
it against disclosure, misuse, espionage, loss and theft.
14. NON-DISPARAGEMENT. In the event that a dispute arises between the
Parties or a grievance by Client, the Parties agree and accept that the only
venue for resolving such a dispute shall be in the venue set forth herein
below. In the event of a dispute between the Parties, the parties agree that
they neither will engage in any conduct or communications, public or
private, designed to disparage the other.
15. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless
Company, Company’s shareholders, 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. Company 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.
16. CONTROLLING AGREEMENT. In the event of any conflict between the
provisions contained in this Contract and any marketing materials used by
Company, Company’s representatives, or employees, the provisions in this
Agreement shall be controlling.
17. CHOICE OF LAW/VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of California without
giving effect to any principles or conflicts of law. The parties hereto agree to
submit any dispute or controversy arising out of or relating to this Agreement
to arbitration in the state of California, San Diego County pursuant to the
rules of the American Arbitration Association, which arbitration shall be
binding upon the parties and their successors in interest. The prevailing party
is entitled to be reimbursed for all reasonable legal fees from the nonprevailing
party in order to enforce the provisions of this Agreement.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties pertaining to the subject matter hereof and supersedes
all prior and contemporaneous agreements, negotiations and
understandings, oral or written. This Agreement may be modified only by an
instrument in writing duly executed by both parties.
19. SURVIVABILITY. The ownership, non-circumvention, non-disparagement,
proprietary rights, and confidentiality provisions, and any provisions relating
to payment of sums owed set forth in this Agreement, and any other
provisions that by their sense and context the parties intend to have survive,
shall survive the termination of this Agreement for any reason.
20. SEVERABILITY. If any of the provisions contained in this Agreement, or any
part of them, is hereafter construed to be invalid or unenforceable, the
same shall not affect the remainder of such provision or any other provision
contained herein, which shall be given full effect regardless of the invalid
provision or part thereof.
21. OTHER TERMS. Upon execution by clicking “I agree,” the Parties agree
that any individual, associate, and/or assign shall be bound by the terms of
THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this
Agreement, with a written or electronic signature, shall constitute a legal
and binding instrument with the same effect as an originally signed copy.
Fine Print
