The Program Agreement (hereinafter referred to as the “Agreement”) dated the day of purchase, (hereinafter referred to as the “Effective Date”), made by and between Jo Carolus, (hereinafter known as the “Company”) and the purchaser (hereinafter referred to as the “Client”).
Together, the Company and the Client are collectively referred to herein as the “Parties”.
WHEREAS, the Company provides business mentorship, support, and accountability coaching and consulting (“Services”); and WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:
The Company agrees to provide coaching for Voxer 30 (hereinafter referred to as the “Program”). The Program includes:
The Client understands that the Company is a COACH & CONSULTANT
The Client understands that the Company is not an attorney, therapist, publicist, financial advisor, and/or accountant, or any other licensed or registered professional.
The Company and Client’s work together is not a substitute for professional financial, business, or legal advice.
The Company and Client’s work together may address, among other things, goals, priorities, identifying resources, brainstorming, action plans,
Client understands that the Company does not guarantee any outcome, income revenue, and/or profit from the Parties’ work together].
The Client understands that the Company is not a nutritionist, physician, and/or a psychotherapist or psychologist and is not serving in this role.
Further, the Company has not promised, nor shall she be obligated to:
(1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy,
(2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or
(3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.
The Company requests that the Client:
Calls that are not used by the last day of the program will be forfeited at the end of the program.
There will be exceptions made for emergencies.
The Program is 30 days long.
The Client understands that the Parties do not have a relationship after the end of the Program.
If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
The Company is committed to providing the Client with a positive experience in the Program.
By signing and agreeing to the Agreement, the Client understands that the Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or terminate the Client’s participation in the Program if the Client becomes disruptive or violates any term of the Agreement.
If the Client chooses to terminate the Agreement at any time, written notice needs to be provided.
The cost of the 30 days of Voxer coaching is $950 USD paid in advance.
In the event that the Client chooses to renew the contract, a new contract will be entered into.
If the Client chooses to sign up for the Company's New Coach Incubator, the cost of the Voxer 30 will go towards the first month's payment.
There are no refunds, monetary or otherwise.
Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information.
The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.
Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will
(i) provide the Company with prompt notice of such requirement prior to the disclosure, and
(ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
Material given to the Client in the course of the Program is developed specifically for and by the Company.
The Client agrees that such material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Company’s Program and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license.
The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property.
All intellectual property, including the Company’s program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.
Further, by agreeing to the terms of this contract, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator.
If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter.
The decision and award of the arbitrator shall be final and binding.
Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally.
The arbitrator will have no authority to award punitive or other non-compensatory damages to either party.
No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded.
The sole remedy for the Client shall be a refund of any amount paid to the Company.
This Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.
Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.
No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.
The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof.
If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.
The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.
In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
The Client understands and agrees that the Client is 100% entirely responsible for his/her progress and results experienced from the Program.
The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success.
The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, or success.
The Client understands that due to the nature of the Program, the results experienced by each Client may vary.
The Company does not make any guarantees other that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement. .