THIS PROGRAM AGREEMENT (hereinafter: the “Agreement”) is made and entered into as of the effective date, by and between the Parties. This Agreement sets forth the legally binding terms and conditions for the Agreement.

 

IN CONSIDERATION OF this Agreement, the Parties hereby acknowledge, understand and agree to be bound by the following terms and conditions.

 

1. PURPOSE OF AGREEMENT

   1. The purpose of this Agreement is to develop a coaching relationship between the Parties in order to cultivate the Client’s goals and to create a plan, using the methods and systems prescribed by the Coach to carry out those goals (hereinafter: the “Coaching Services”).

 

2. SCOPE OF WORK

   1. The Parties agree to the following program and services:

Scaling School for 12 Months

• Audio lectures and study materials on every component of The Easy Scaling Method: Leadership, Offers, Visibility, Operations, Planning, and Sales
• Live Quarterly Planning Seminars
• Unlimited Group Slack Support
• Live Trainings & Workshops
• Weekly Support Calls
• Resource Library

• Access to on exclusive upgrade packages of implementation and consulting from Team Easy Scaling.

 

3. TERM OF AGREEMENT

   1. The term of this Agreement (hereinafter: the “Term”) will begin immediately after the first payment is made and shall remain in full force and effect for 12 months (hereinafter: the “Termination Date”).

   2. The Company reserves the right to reschedule the Effective Date of the services to ensure the term of the services fits the needs of the client and the schedule of the Company. The final Effective Date, and therefore the start date of the Services will be communicated to the Client in writing via email. 

   3. The Services must be used by the Termination Date or they will be forfeited by the client. It is the Client's responsibility to schedule and use the services as outlined in this agreement. Non-utilization of services by the Termination Date does not constitute eligibility of a refund. 

 

4. CLIENT RESPONSIBILITY

   1. The Client agrees and accepts that they are solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from the Services, and accepts they are fully responsible for their own progress and results throughout and after the Services.

   2. The Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the Services.

 

5. PAYMENT

   1. In exchange for Services, the Client agrees to pay the Coach the fee for the Services as stated on the checkout page. If selecting a payment plan option, subsequent payments will be due monthly and based on the plan selected at checkout.

   2. The Coach accepts payment through Kajabi as mutually agreed upon between the Parties and the Client understands they will be charged in the amounts as listed at checkout.

   3. The Client accepts that if they are unable to adhere to the payment schedule, they must provide notice to the Coach 5 days prior to the payment due date. If the Client does not provide notice, the Client understands that any delay in the payment will incur additional collection costs at a rate of $10 per day.

   4. The Client authorizes upon their first transaction for the Coach to charge their credit card account provided in accordance with the payment plan the Client has selected. The Client agrees to provide complete, current, and accurate payment information and to update the Coach should any payment information change, prior to the payment due date.

   5. If payment is not received from the Client’s prescribed payment option, by the agreed-upon due date, the Client agrees to pay all amounts due upon demand, together with any applicable collection costs.

   6. The Client accepts that the Services may be refused if payment has not been made as required by this Agreement, and that the Coach reserves the right to cancel any Services, and or terminate this Agreement if there is a failure in paying the required fees.

   7. Client understands that Client is responsible for all payments whether or not Client takes full advantage of the Services. No exceptions will be made in this matter and the Coach reserves the right to take legal action to collect payment.

   8. The Client shall not make any chargebacks to the Coach’s account. The Client shall pay for any fees associated with recouping payment, including but not limited to collections fees and attorneys’ fees.

 

6. REFUND POLICY

   1. The Coach does not offer any refunds. If the Client is deeply unhappy you may email the Coach to discuss your options. Please email [email protected]. All refunds are subject to the discretion of the Coach. 

   2. The Client understands that subject to the refund policy herein, all sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Services, failing to complete, follow-through or understand the details of the Services, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund.

 

7. SCHEDULING

   1. The time and date of the Services will be determined by the Coach. The sessions shall vary in length at the discretion of the Coach.

 

8. RESCHEDULING:

   1. Due to the nature of the Coaching Services, any group calls are not able to be rescheduled.

   2. The Client further understands that due to the nature of the Coaching Services, the Client is not able to pause their participation in the Coaching Services, and the Coaching Services must be fulfilled within the term dictated for the program

.

9. SUB-CONTRACTING

   1. In the performance of its obligations hereunder, the Coach shall have the right, in its sole discretion, to assign, transfer, charge, delegate or subcontract its rights and responsibilities to any third party, provided that the Coach shall remain responsible for the performance of any such third party. The Client shall not, without the Coach’s prior written consent, assign or transfer in any other manner with all or any of the Client’s rights or obligations under the Agreement.

 

10. TERMINATION

    1. The Client understands that either Party may terminate this Agreement by written notice 7 days prior to any scheduled session. Any such written notice must be sent to [email protected]

    2. The Client further understands that the Coach retains the right to, and may limit, suspend or terminate the Coaching Services prior to the Termination Date, without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to follow program guidelines, (iii) is found to harass the Coach or other students of the Coach, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Coach, (v) is negatively speaking about the program and or Coaching Services offered by the Coach in public forums without prior consultation with the Coach as outlined herein. The Client accepts that the Coach will provide a formal warning prior to termination.

    3. The Client understands that any money owing to the Coach at the time of termination will become due at the effective date of termination, and the Client agrees to compensate the Coach for all Coaching Services agreed upon, regardless of termination if under the aforementioned circumstances.

 

11. PRIVACY AND CONFIDENTIALITY

    1. The Coach agrees to respect your confidential and proprietary information, ideas, plans and trade secrets and further agrees to not disclose any information pertaining to the Client, nor the Client’s name, without the Client’s written consent.

    2. The Client understands that the Coach and Client relationship does not constitute a legally confidential relationship (as is in the medical and legal professions) and therefore understands that communications are not subject to the protection of any legally recognized privilege.

    3. Exceptions. The Coach’s obligations with respect to any portion of the Client Information as set forth above shall not apply when Coach can document that (i) it was in the public domain at the time it was communicated to the Coach by the Client; (ii) it entered the public domain subsequent to the time it was communicated to the Coach by the Client through no fault of the Coach; (iii) it was in the Coach possession free of any obligation of confidence at the time it was communicated to the Coach by the Client; or (iv) it was rightfully communicated to the Coach free of any obligation of confidence subsequent to the time it was communicated to the Coach by the Client.

    4. Passwords. Should the Client decide to grant the Coach access to the Client’s business and/or personal accounts, the Client does so entirely at their own risk, and the Client is fully responsible for ensuring the security of the Client’s data.

 

12. MEDIA RELEASE AND TESTIMONIALS

    1. The Client understands that the Coach may want to share parts of the Coaching Services and/or results of the Coaching Services provided, for future training and/or marketing purposes.

    2. The Client grants permission for the Coach to photograph, and/or record any sessions and/or work conducted in which the Client is participating, and further acknowledges that the Coach may use the photographs, motion pictures, videotapes, recordings or any other record of the Client’s participation in the sessions and/or work conducted for purposes of social media, website, advertising, online courses and archiving.

    3. In the event the Client provides a testimonial, the Client grants full permission for the Coach to use any and all photographs, motion pictures, videotapes, written words and/or the recording for marketing purposes.

    4. The Client releases the Coach from all claims by which the Client may have now or in the future for compensation of any kind arising out of the Client’s participation in the aforementioned photographs, motion pictures, videotapes, recordings or any other record of the Clients participation in the Coaching Services or related activities.

 

13. INTELLECTUAL PROPERTY

    1. The Coach retains all ownership rights to the materials provided during the Client’s participation under this Agreement (hereinafter: the “Coaching Materials”). The Coaching Materials include all forms of media, including written, oral or video, in whatever format presented, including hard copy, electronic or recordings. All Coaching Materials will be deemed to be copyrighted materials under applicable law. The Coaching Materials provided to the Client are for individual use only and provided with a single-user license. The Client is not authorized to share, copy, distribute, or otherwise disseminate any of the Coaching Materials without the Coach’s express prior written consent. All intellectual property, including the Coaching Materials, shall remain the sole property of the Coach and no license to sell or distribute the Materials is granted and/or implied herein. The Client agrees not to reproduce, duplicate, copy, trade, resell or exploit for any commercial or personal purposes, any portion of the Coaching Services, including any of the Coaching Materials. The Client will be responsible for all incurred loss, cost, damage or expenses arising out of or in connection with the unauthorized use of the Coaching Materials, including all direct, indirect or consequential loss, and will indemnify and hold the Coach harmless from all such unauthorized use of Coaching Materials.

 

14. DISCLAIMER

    1. The Coach makes no representations, warranties, guarantees or promises verbally or in writing, pertaining to the achievement of any level of results from the Clients participation in, or use of the Coaching Services. The Client understands and agrees that they are voluntarily choosing to enroll in the Coaching Services and are solely responsible for any outcomes or results. While the Coach believes in the Coaching Services being provided, and that the Coaching Services are able to help many people, the Client acknowledges and agrees that the Coach is not responsible nor liable to the Client should the Client sustain any injuries, incur harm, or encounter any negative ramifications in response to, or during their participation in, the Coaching Services. The Client accepts that they are fully responsible for their own health and well-being, participation in Coaching Services and any personally achieved results therein.

    2. The Client understands that the Coach does not offer any professional, medical, psychological or financial advice and that it is their exclusive responsibility to seek such independent professional guidance as needed.

    3. The Client understands that the Coaching Services are not therapy, and/or counseling, and therefore does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client confirms and agrees that they will not use the Coaching Services as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.

    4. The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provider details of the nature and extent of the Coaching Services agreed upon by the Client and the Coach. The Client understands that if during the course of the Coaching Services, the Coach feels that the nature of the discussion is outside of the scope in which the Coach is able to provide services, that the Coach will either refer the Client to someone else and/or terminate the Coaching Services with a refund pro-rata.

 

15. LIMITATION OF LIABILITY

    1. The Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Coaching Services and/or Coaching Materials provided by the Coach. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.

    2. The Client shall defend, indemnify, and hold harmless the Coach, 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 Coaching Services, excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Coach. In consideration of, and as part of, the Client’s payment for the right to participate in the Coaching Services, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Coach and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Coaching Services.

 

16. NO NEGATIVE STATEMENTS OR ACTIONS

    1. The Client shall not at any time, directly or indirectly, take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Coach and/or Coaching Services in any way. 

 

17. MODIFICATIONS

    1. The Coach may modify this Agreement from time to time. Any modifications will be notified to the Client, and the Client may either continue the Coaching Services under the new conditions or the Agreement will be terminated. 

    2. The Client understands that without any notice to the contrary, by continuing the Coaching Services after notification shall enforce the modified Agreement as effective and the Client agrees to be bound to any changes in the Agreement. 

 

18. DISPUTE RESOLUTION

    1. In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent, the Parties agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party, all costs and expenses incurred, including but not limited to, attorneys’ fees. 

 

19. SEVERABILITY

    1. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. 

    2. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

 

20. WAIVER

    1. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

 

21. FORCE MAJEURE

    1. Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of the Coaching Services, such as:

       1. an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);

       2. or other (inclusive of hostility, war, invasion); 

       3. or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism). 

 

22. JURISDICTION

    1. This Agreement shall be interpreted and governed in accordance with the laws of Texas.

 

23. BINDING EFFECT

    1. This Agreement shall be legal and binding upon the Parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Agreement. 

 

24. ENTIRE AGREEMENT

    1. This document reflects the entire Agreement between the Coach and the Client. The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows.