THIS AGREEMENT (hereinafter: the “Agreement”) is made and entered into as of the payment date, by and between the purchaser and Easy Scaling, LLC. 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.
PURPOSE OF AGREEMENT
1.1 The purpose of this Agreement is to develop a 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 Strategist to carry out those goals (hereinafter: the “Strategy Intensive”). The Strategist agrees to tailor the Strategy Intensive to the specific needs and goals of the Client within the scope of the Strategy Intensive.
SCOPE OF WORK
2.1 The Parties agree to:
TERM OF AGREEMENT
3.1 The term of this Agreement (hereinafter: the “Term”) will begin on the Effective Date of the Agreement and shall remain in full force and effect until two weeks after the Strategy Intensive is completed (hereinafter: the “Termination Date”). At the Termination Date, both Parties are able to renegotiate the terms herein or continue on an ongoing basis as mutually agreed upon.
3.2 The Client understands that they must schedule the Strategy Intensive within 60 days of the purchase date or they will forfeit their access to everything listed in this agreement.
CLIENT RESPONSIBILITY
4.1 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 Strategy Intensive and accepts they are fully responsible for their own progress and results before, during, and after the Strategy Intensive.
4.2 The Client further agrees and accepts to be fully committed to the process, attend the session and complete associated tasks whilst maintaining integrity and sufficiently completing what is mutually agreed upon to be completed.
4.3 The Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the Strategy Intensive.
PAYMENT
5.1 In exchange for Strategy Intensive, the Client agrees to pay the Strategist the following fees, according to the following schedule: The Client agrees and understands that the fee for the Strategy Intensive is what is listed on the checkout page. The fee is payable in full, in advance of the session.
5.2 The Strategist accepts payment through Kajabi as mutually agreed upon between the Parties and the Client understands they will be charged in the amounts as listed herein, on the corresponding dates stated on the checkout page.
5.4 The Client authorizes upon their first transaction for the Strategist to charge their payment 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 Strategist should any payment information change, prior to the payment due date.
5.5 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.
5.6 The Client accepts that the Strategy Intensive may be refused if payment has not been made as required by this Agreement, and that the Strategist reserves the right to cancel any Strategy Intensive, and or terminate this Agreement if there is a failure in paying the required fees.
REFUND POLICY
6.1 The Strategist offers the following refund policy The Strategist does not offer any refunds. Due to the nature of the Strategy Intensive, the Strategist does not offer any refunds. All refunds are subject to the discretion of the Strategist.
6.2 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 Strategy Intensive, failing to complete, follow through or understand the details of the Strategy Intensive, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund.
SCHEDULING
7.1 The Client agrees to engage in one Strategy Intensive call with the Strategist. The call shall be through the prescribed method of Zoom video conferencing or as otherwise outlined by the Strategist prior to the session. The time and date of the Strategy Intensive will be determined by the Strategist and Client based on a mutually agreed upon time and will continue on that agreed upon time and day for the duration of the Strategy Intensive.
RESCHEDULING
8.1 In the event of rescheduling, the Client agrees to notify the Strategist 48 hours in advance of any scheduled session that needs to be rescheduled. The Client understands that the Company may only agree to reschedule the Strategy Intensive 2 times under this Agreement. Failure to notify the Company as outlined in the Agreement may result in forfeiture of the call. Any such notice must be sent to [email protected]
8.2 The Client understands that if they are late to the call, the call will stand to complete at the scheduled time and that the call will be recorded for the Client to view at a later time. The Client further understands they forfeit the session if they are more than twenty [20] minutes late to the call.
8.3 The Client understands that all calls between the Client and the Strategist may be recorded for the use of the Parties.
TERMINATION
9.1 The Client further understands that the Strategist retains the right to and may limit, suspend or terminate the Strategy Intensive 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 Strategist or other students of the Strategist, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Strategist, (v) is negatively speaking about the program and or Strategy Intensive offered by the Strategist in public forums without prior consultation with the Strategist as outlined herein. The Client accepts that the Strategist will provide a formal warning prior to termination.
9.2 The Client understands that any money owing to the Strategist at the time of termination will become due at the effective date of termination, and the Client agrees to compensate the Strategist for all Strategy Intensive agreed upon, regardless of termination if under the aforementioned circumstances.
PRIVACY AND CONFIDENTIALITY
10.1 The Strategist agrees to respect the Client’s confidential and proprietary information, ideas, plans and trade Strategist and further agrees to not disclose any information pertaining to the Client, nor the Client’s name, without the Client’s written consent.
10.2 The Client agrees to give the Strategist permission to keep a confidential record of the Client’s name, contact information, and any documented notes throughout the Strategy Intensive.
10.3 The Client understands that the Strategist 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.
MEDIA RELEASE AND TESTIMONIALS
11.1 The Client understands that the Strategist may want to share parts of the Strategy Intensive and/or results of the Strategy Intensive provided for future training and/or marketing purposes. The Strategist will not release any confidential or proprietary information and will consult the Client before such use.
11.2 The Client grants permission for the Strategist to photograph, and/or record any sessions and/or work conducted in which the Client is participating, and further acknowledges that the Strategist may use the photographs, motion pictures, videotapes, recording 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.
11.3 In the event the Client provides a testimonial, the Client grants full permission for the Strategist to use any and all photographs, motion pictures, videotapes, written words and/or the recording for marketing purposes.
11.4 The Client releases the Strategist 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 Strategy Intensive or related activities.
INTELLECTUAL PROPERTY
12.1 The Strategist retains all ownership rights to the materials provided during the Client’s participation under this Agreement (hereinafter: the “Strategy Materials”). The Strategy Materials include all forms of media, including written, oral or video, in whatever format presented, including hard copy, electronic or recordings. All Strategy Materials will be deemed to be copyrighted materials under applicable laws. The Strategy 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 Strategy Materials without the Strategist’s express prior written consent. All intellectual property, including the Strategy Materials, shall remain the sole property of the Strategist 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 Strategy Intensive, including any of the Strategy 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 Strategy Materials, including all direct, indirect or consequential loss, and will indemnify and hold the Strategist harmless from all such unauthorized use of Strategy Materials.
DISCLAIMER
13.1 The Strategist makes no representations, warranties, guarantees or promises verbally or in writing, pertaining to the achievement of any level of results from the Client’s participation in, or use of the Strategy Intensive. The Client understands and agrees that they are voluntarily choosing to enroll in the Strategy Intensive and are solely responsible for any outcomes or results. While the Strategist believes in the Strategy Intensive and that the Strategy Intensive are able to help many people, the Client acknowledges and agrees that the Strategist 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 Strategy Intensive. The Client accepts that they are fully responsible for their own health and well-being, participation in Strategy Intensive and any personally achieved results therein.
13.2 The Client understands that the Strategist 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. Further the Client understands that the Strategy Intensive is not therapy, and/or counseling, and therefore does not substitute therapy if needed.
LIMITATION OF LIABILITY
14.1 The Client agrees that the Strategist is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Strategy Intensive and/or Strategy Materials provided by the Strategist. In no event shall the Strategist be liable to the Client for any indirect, consequential or special damages.
14.2 The Client shall defend, indemnify, and hold harmless the Strategist, 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 Strategy Intensive, excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Strategist. In consideration of and as part of the Client’s payment for the right to participate in the Strategy Intensive, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Strategist 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 Strategy Intensive.
NO NEGATIVE STATEMENTS OR ACTIONS
15.1 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 Strategist and/or Strategy Intensive in any way.
MODIFICATIONS
16.1 The Strategist may modify this Agreement from time to time. Any modifications will be notified to the Client via email, and the Client may either continue the Strategy Intensive under the new conditions or the Agreement will be terminated.
16.2 The Client understands that without any notice to the contrary, by continuing the Strategy Intensive after notification shall enforce the modified Agreement as effective and the Client agrees to be bound to any changes in the Agreement.
DISPUTE RESOLUTION
17.1 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.
SEVERABILITY
18.1 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.
18.2 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.
WAIVER:
19.1 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.
FORCE MAJEURE
20.1 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 Strategy Intensive, such as:
- an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);
- or other (inclusive of hostility, war, invasion);
- 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).
JURISDICTION
21.1 This Agreement shall be interpreted and governed in accordance with the laws of the Texas.
BINDING EFFECT
22.1 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.
ENTIRE AGREEMENT
23.1 This document reflects the entire Agreement between the Strategist and the Client. The Parties agree to the terms and conditions set forth above as demonstrated by completing the checkout process.