Coaching Contract

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.

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