Sold Out Programs Agreement
***The following agreement outlines the terms and conditions of Sold Out Programs. The logistics about the program have been italicized and bolded for ease of reference.***
This Coaching Client Agreement (hereinafter "Agreement"), is made effective as of the date of purchase, by and between the following parties:
Creativision / Jacqueline Fournier, hereinafter referred to as "Company", and you (the purchaser), hereinafter referred to as "Client,"
RECITALS:
WHEREAS, Client is desirous of implementing guidance from coaching/consultation into the Client's business, as discussed more fully below;
WHEREAS, Company is skilled and capable in the areas Client needs and would like to coach Client;
NOW, therefore, in consideration of the promises and covenants contained herein, the receipt and sufficiency of which is acknowledged, the Parties do hereby agree as follows:
Article 1 - SCOPE:
This Agreement sets forth the terms and conditions whereby Company agrees to provide professional Services (as described below). Company will be engaged for the limited purpose of providing these Services to the Client.
Article 2 - NO EMPLOYMENT:
Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.
Article 3 - COACHING TERMS:
A coaching relationship between two Parties is essentially a relationship whereby the Company assists the Client in meeting the Client's potential within the areas the program is focused on.
Client hereby acknowledges and agrees:
a.) Client is solely and exclusively responsible for the choices that Client makes with regard to this coaching relationship, as well as the Company's recommendations and input;
b.) Client is solely and exclusively responsible for Client's own mental health, physical health, business decisions, and any other actions or inaction Client chooses to take;
c.) Company is not liable for any result or non-result or any consequences which may come about due to Client's working relationship with Company.
Article 4 - DESCRIPTION OF SERVICES:
The Client hereby engages the Company, and the Company accepts such engagement to provide the following coaching services for the Client (hereinafter, the "Services"):
WHAT’S INCLUDED:
Access to Sold Out Programs course curriculum, including video modules and/or written materials, a private peer-to-peer community, monthly group consulting, and other resources.
All features of the program are subject to change based on availability, engagement, and other factors.
In rare cases, the Company may agree in a separate, written document to expand the scope of Services to include additional resources. Such written document may be informal, such as an email and will include additional fees, as applicable.
Sold Out Programs course, group sessions, and community will only be available for the duration of the Sold Out Programs subscription. When membership has ended, course, community, and call access will be removed.
The Company may hire Support Coaches to deliver aspects of the program at any time. During out-of-office dates, a trained Support Coach or Guest Expert may be present.
COMMUNICATION:
Sold Out Programs course includes communication with Company via group sessions. Please use email ([email protected]) to contact Company directly regarding billing, technical support, upgrading your program, etc.
Company works in PST hours. Client will receive a response to emails within up to 48 business hours of receipt.
Article 5 - WARRANTIES:
EXCEPT AS OTHERWISE STATED IN THIS SECTION, COMPANY MAKES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR WARRANTIES OF ANY PROGRAM SERVICES, OR THE APPROPRIATENESS OF CLIENT OR THIRD-PARTY SPECIFICATIONS.
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 the Company cannot control the Client.
Article 6 - NON EXCLUSIVITY:
The Company may be engaged or employed in any other coaching business, trade, profession, or other activity which does not place the Company in a conflict of interest with the Client.
Article 7 - AVAILABILITY & SCHEDULE:
Company and Client agree to the following:
Refer to Sold Out Programs shared Calendar for dates of any sessions or new content releases. Company reserves the right to cancel, reschedule, or adjust the timing of sessions should there be a need. It is Client's responsibility to attend calls or access recordings to gain benefit from these meetings. Guest experts may also teach within the program spontaneously.
Article 8 - HOLIDAYS:
Company will be unavailable on all U.S. Federal Holidays and will take breaks at certain points throughout the year as announced in advance.
Company may schedule up to 12 weeks (total) of out-of-office time per 12-month period where they will not be available for calls or messages. Company will provide at least 1-4 weeks' notice before any leave. During this time, a Support Coach or Guest Expert may provide additional support.
Article 9 - FEES AND EXPENSES:
Client will be billed through auto-payments based on the current pricing for the program.
Sold Out Programs is an initial 12-month commitment. Following the initial 12-month commitment, the client can continue in Sold Out Programs for an additional 12 months, upgrade to the Mastermind, or withdraw from the program.
Payments for Sold Out Programs must be made in the client's name.
Sold Out Programs is a rolling membership; membership will automatically continue 1 year from the initial sign-up date, and Client will be auto-billed via existing payment method on file. Client will be given notice via email & an opportunity to decline continuation after the 12-month completion date, should Client no longer wish to continue.
Client agrees to compensate Company according to the payment schedule. If any amount is not paid within fourteen (14) days after it becomes due, Client membership access will be removed until the balance is taken care of. If the balance is not paid within thirty (30) days after it becomes due, Client shall also pay Company interest (12%) per annum (or the maximum rate permitted by applicable law, if lower) on that amount for the period from its due date until it is paid in full. If balance is not taken care of, all fees due will be sent to collections.
Article 10 - REFUND POLICY:
Coaching services and program content must be completed in order for Client to gain benefit. Client is solely responsible for implementing coaching recommendations and program content, and is solely responsible for their results.If Client wishes to terminate this Agreement within the first 7 days of purchase, they may do so no questions asked. However, after this 7-day grace period, if a client would like to terminate their agreement prior to its planned expiration, any fees paid are non-refundable, and the Client will lose access to all Program materials and calls.
Article 11 - CHARGEBACKS AND PAYMENT SECURITY:
To the extent that Client provides Company with Credit Card 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 elects to use a pre-payment plan to make payments to Company, Company shall be authorized to process, collect and retain 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. Company may revoke, deny, suspend or cancel any Client access to sites, Program materials or classes at any time at its sole discretion in the event that current charges are unpaid or other breach by Client of the terms hereof.
Article 12 - TAXES:
Client and Company shall each be solely responsible for all of their federal, state, and local taxes.
Article 13 - CONFIDENTIALITY:
The existence of this coaching relationship, as well as any information that Company receives from Client, are to be fully and completely confidential under the terms of this Agreement. Client hereby acknowledges and agrees, however, that a Company-Client relationship is not considered a legally confidential relationship and therefore communications between Company and Client are not subject to any legal confidentiality requirement or privilege. Company will not, however, disclose private, confidential information without Client's consent, unless subject to a legal requirement, such as a court order, subpoena, or law enforcement inquiry. It will be the Client's responsibility to address any confidentiality issues with the Company.
Confidential information under this Agreement shall specifically not include the following categories: (1) information that is generally known to the public or known to Client's specific industry, (2) information freely given by Client to any third-party; (3) information received by Company from any source that is not Client; (4) information in Company's possession prior to this contractual Agreement; (5) information developed independently by the Company; (6) information which is received by the Company from the Client but that may imminently harm the Client or another individual; or (7) information about any illegal activity.
Article 14 - TERMINATION:
Company may terminate this Agreement immediately upon Client's material breach, which includes, without limitation, failure to pay amounts due under this Agreement; in such event, Company will not refund, credit, or otherwise return any amounts previously paid by Client. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all fee amounts hereunder shall be accelerated and immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate the provision of any further services to Client.
This agreement will also immediately terminate upon the death of the Company or Client, the inability of the Company to perform the Services because of a sudden and medically-documented physical or mental disability, the liquidation, dissolution or discontinuance of the business of the Client in any manner, or the filing of any petition by or against the Client or Company under federal or state bankruptcy or insolvency laws.
Company holds the right to terminate this agreement with 14 days notice should the Client show non-cooperation with Company's communication channels and information requests. Client's invoice will still be due for the month of termination but will be released beginning the 1st of the month to follow.
Implementation of the service materials, consulting, and content is solely the responsibility of the Client. Client understands that results are not guaranteed nor are testimonials shared in marketing a promise of results, as each business is different.
Any dissatisfaction or feedback must be communicated via email ([email protected]) to allow Company a chance to exceed Client expectations. Defamation of any kind is prohibited. Feedback is not grounds for termination.
Early termination without grounds will either not be granted or is subject to a fee of 25% of the remaining contract amount and will require 60 days written notice. Should termination be granted, all fees are due as normal and are to be paid on time by Client during these 60 days. Any unpaid fees due to the service provider will be sent to collections.
For purposes of this Agreement, written notice may be provided via e-mail at the following e-mail address: [email protected].
Article 15 - NO TRANSFER OF INTELLECTUAL PROPERTY:
Company and Client agree that all inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created, or developed by each of the Parties, respectively, will be the sole and exclusive property of the Party to whom the information originally belonged. There shall be no transfer of intellectual property through this Agreement.
All copyrights, patents, trademarks, or other intellectual property shall stay with the original Party owner.
If and to the extent that Company’s proprietary materials shall be provided to the Client as part of the Program Services, such materials are copyrighted or otherwise proprietary to Company and shall remain the sole property of Company and Client’s use thereof shall be limited to a license to use the materials for its own internal business purposes only and no license to sell, distribute or otherwise exploit Company’s materials is granted or implied. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any proprietary materials received from Company electronically or otherwise without the prior written consent of the Company.
Article 16 - CONSENT:
Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, program material, videos and audio recordings of courses/programs, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and to 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 to further other goods/services provided by Company, without compensation to the Client.
Company has the right to share any communicated results & reviews for their marketing campaigns and client portfolio. This includes adding results & reviews to websites, social media, sales pages, and content pieces.
Article 17 - PROGRAM 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. Company does not tolerate disrespect, racism, sexism, xenophobia, homophobia, transphobia, or any other cruelty or discrimination. Client agrees to abide by any Program Rules/Regulations presented by Company. The failure to abide by program 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.
Article 18 - USE OF MATERIALS; NO RESALE:
Should the Program Services involve the use of proprietary Company materials, Client acknowledges that, as between Company and Client, such materials, including any intellectual property rights therein, belong exclusively to Company and Client further agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of such materials. This agreement is not transferable or assignable by Client without the Company’s prior written consent.
Article 19 - LIMITATION OF LIABILITY:
Coach's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Coach. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.
Article 20 - NON-DISPARAGEMENT:
In the event of a dispute between the Parties, the parties agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.
Article 21 - INDEMNIFICATION:
Company and Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from bodily injury, death of any person, or damage, real or intangible, to personal property resulting from the other's acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.
Article 21 - SURVIVAL:
Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.
Article 22 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the Governing Law provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 23 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement or the Services provided hereunder.
Article 24 - SURVIVABILITY.
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.
Article 25 - SEVERABILITY.
If any of the provisions contained in this Agreement, or any part of them, is here- after 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.
Article 26 - OTHER TERMS.
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.
Article 27 - NOTICES:
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other through personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.
Article 28 - FORCE MAJEURE:
Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Article 29 - HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
Article 30 - ENTIRE AGREEMENT; MODIFICATION:
The agreement embodies the entire agreement between the Client and Company relating to the subject matter hereof. This Agreement may be changed, modified, or discharged only if agreed to in writing by both parties.
