Worthy from Within – Terms of Participation
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By purchasing this product you (herein referred to as “Client”) agrees to the follow terms stated herein in this Agreement.
KAVITA J Patel (herein referred to as “Company”) agrees to provide Worthy from Within Group Program (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands that Kavita Jhaveri-Patel (herein referred to as “Consultant,” “SLL Coaches”, “Coach”, “Instructors” or “Kavita”) is not an employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; or (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a coaching relationship does not exist between the parties after the conclusion of the Program. If the Parties continue their relationship, a separate agreement will be entered into.
The Program consists of: (6) Live Q&A calls led by Kavita and (3) 40-minute private calls with Kavita. Optional: Facebook Forum which enables chatting and sharing in a private community
Total price of this program is two thousand seven hundred dollars ($2,700.00 USD.) Client has the option to pay by one of the following methods; (1) In FULL; or (4) monthly payments of $675. This is not a subscription, and cannot be cancelled. Client agrees to make the first payment on the date of purchase.
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card. If Client elects to pay in FULL, Client may use his/her credit card or debit card.
The Company respects Client’s privacy and insists that Client respects the Company’s and other Program participants’ (herein referred to as “Participants”) privacy. Client and Company agree that any information shared by Program Participants or any representative of the Company is confidential, proprietary (“Confidential Information”), and belongs solely and exclusively to the Participant who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the forum or otherwise. Client understands their name and other identifying information may be displayed amongst Program Participants and that system errors may occur. Client may elect to use a fictitious name. Client agrees not to use such Confidential Information in any manner other than in discussion with the Company or other Program Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Further, Client agrees that if they violate or display any likelihood of violating this section the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Optional: FACEBOOK FORUM
NON-DISCLOSURE OF COACHING MATERIALS
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed solely and specifically for Company. Original materials that have been provided to Client are for Client’s individual use only and a single-user licensee. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited.
NO TRANSFER OF INTELLECTUAL PROPERTY
All intellectual property, including Company’s copyrighted Program and/or course materials, shall remain the sole and exclusive property of the Company. No license to sell, reproduce or distribute
Company’s materials is granted or implied. Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of Company or Participants. Further, Client agrees that if Client violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Program is developed strictly for coaching and educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
NON-SOLICITATION OF PERSONNEL
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Any violation of this paragraph is ground for termination from the program without forgiveness and refund.
In the event that any cause beyond the reasonable control of either Party, including without limitation 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 Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY.
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter the “Released”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. 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. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
This Agreement may not be assigned by either party without express written consent of both parties.
TERM AND TERMINATION.
The term of this Agreement is the duration of the Program. Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, difficult to work with or upon violation of the terms of this Agreement. Client will still be liable to pay the total contract amount.
Client unconditionally and irrevocably waives liability, release, promise never to sue, forever discharge, and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs, and expenses, including attorneys’ fees and costs that Client has or may have against Company, its parents, affiliates, agents, representatives, and each of their respective owners, officers, shareholders, directors, employees, and agents (“Released Parties”), arising from or related to the Program including, but not limited to, your application of any advice received during the Program. Client agrees to indemnify and hold harmless Company and Consultant from and against all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with: (i) Client’s participation in the Program; (ii) implementing the advice provided by Consultant or sharing that advice with others; or (iii) any actual or alleged violation or breach of any of the representations, warranties, or covenants made by Company or Consultant in this Agreement. Client agrees to cooperate fully with Company in the defense of any claim that is the subject of Client’s indemnity obligations under this Agreement. Client further agrees to indemnify and hold harmless Company and Consultant from and against all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising from Client’s posts, comments and other writing on the optional Facebook Forum of the Program.
RESOLUTION OF DISPUTES.
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorneys’ fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: firstname.lastname@example.org This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assignees. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire Agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America. The parties hereto have caused this Agreement to be executed and delivered as of the date first written.