AND AGREEMENT OF WAIVER AND RELEASE OF LIABILITY
This Coaching Agreement and Waiver and Release of Liability (“Agreement”) is entered into between the undersigned (“Client”) and Blissful Harmony, LLC a Michigan LLC (the “Company”) and governs all coaching and related services provided by Amanda Elise Poe(“Coach”) and any other coaches, instructors or other person(s) (“Authorized Person(s)”) providing services on behalf of the Company.
1. Coaching Services. Client hereby enrolls in the following coaching program (the “Program”): Speak It into Existence Mastermind Challenge for $497 paid in full, or $199 paid on a payment plan. All Program sessions must be completed on or prior to June. 14, 2016. After that date, unused sessions will expire. Refunds will not be provided for unused sessions.
2. Payment Terms. Client shall pay the Program cost as noted on the participation application form. All sessions and other Program elements are non-transferable and non- refundable. If full payment is not received on the due dates, Client hereby authorizes the Company to charge Client’s credit card on file for the specified amount. Client will be assessed a $25 processing fee each time the Company attempts to process a credit card on date(s) scheduled and the vendor declines the transaction due to insufficient funds. ____
3. Session Scheduling and Cancellation. 3.1. Client agrees to provide 24 hours’ advance notice of session cancellation or Client will be charged in full for the session. After the second such incident, all future cancellations will be charged in full. For Monday sessions, cancellation by Friday at 5:00 p.m. EST is required. ____
3.2. If Client fails to reach Coach for a session by phone, Client agrees to contact Coach via email and text message. If the Client is more than ten minutes late for a session, the appointment will be deemed cancelled without 24 hours’ notice, and Client will be charged in full for the session. No refunds will be provided in the event of Client misses or is late to a scheduled session.
3.3. Group coaching schedules are subject to change. Client agrees to verify group coaching schedules in advance and to read promptly all communications sent by the Company regarding scheduling. ____
4. IMPORTANT NOTICE REGARDING COACHING. By signing this Agreement, Client acknowledges that coaching is not a form of or substitute for counseling, psychotherapy, mental health care or other medical or health care intervention of any kind. The Company’s Coaches are not, and do not claim to be, licensed medical or mental health professionals, and life coaching is not a licensed activity in the State of California. If Client is currently under the care of a mental health professional, it is Client’s responsibility to consult with that person regarding the advisability of working with a coach. If at any time Client feels the need for professional counseling, Client agrees to promptly seek the assistance of a licensed professional. In addition, Client understands that participating in coaching entails risks associated with a challenging program of personal development, including risks of mental or emotional upset as well as risks that may not be foreseeable at this time. By signing this Agreement and participating in coaching, Client freely and voluntarily assumes all such risks. Client further understands and acknowledges that desired or anticipated results may not be achieved, and Client takes full responsibility for Client’s results, personal health and well-being, and actions and decisions. The Company makes no guarantee, representation or warranty as to the results that client may attain through coaching and the company explicitly disclaims any warranty or guarantee, express or implied, of results. ____
5. Waiver and release of liability. On client’s own behalf and on behalf of client’s heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, client hereby waives, releases and forever discharges the company, AMANDA ELISE POE, all other authorized persons, and each of their respective shareholders, officers, directors, employees, contractors, agents, affiliates, successors, beneficiaries and assigns (collectively, the “Coaching Group”) from and against any and all claims, demands, losses, liabilities, damages and causes of action of any nature or kind that client has or may in the future have arising out of or in connection with this agreement and/or any services provided by, or any errors, acts or omissions of, any member of the Coaching Group, whether such claims arise from negligence, breach or any duty imposed by law, mistake or error in judgment, or from any other cause (collectively the “Released Claims”). In addition, on client’s own behalf and on behalf of client’s heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, client covenants and agrees that (1) client will not institute or attempt to institute any legal action, demand or proceeding against any member of the Coaching Group based upon any release claim, and (ii) client will indemnify, client will indemnify, defend and hold harmless the Coaching Group and each of them from and against any losses, claims, liabilities, expenses or damages, including attorney’s fees and costs, incurred in connection with the defense of any released claim or any other breach of client’s obligations under this agreement. ___
6. Confidentiality; Non-Disclosure of Company’s Materials. To honor the sanctity of the coaching relationship, the Company and its Coaches are committed to keeping all coaching matters strictly confidential, unless Client’s health or welfare or that of another person is at risk. Likewise, to honor the Company’s intellectual property, Client agrees to use Company written and recorded materials for personal, non-commercial purposes only and agrees not to disclose, reproduce or distribute the Company’s materials to any third party without the Company’s express prior written consent. All Company materials are protected by U.S. and international intellectual property laws and constitute valuable proprietary material of the Company. Client’s cooperation in this regard is appreciated. ____
7. Dispute Resolution; Limitation of Liability. In the unlikely event of any dispute or claim arising out of or relating to Client’s coaching engagement or this Agreement, or the breach thereof, such dispute shall be conclusively resolved by arbitration administered by the American Arbitration Association in Novi, Michigan under its Commercial Arbitration Rules. In no event shall the company or any member of the Coaching Group be liable to client for any special, punitive, incidental or consequential damages of any kind in connection with this agreement or services provided hereunder. If any member of the Coaching Group is found liable for any loss or damage, then to the fullest extent permitted by law, the aggregate collective liability of the Coaching Group shall be limited to a refund of amounts client has paid for services under this agreement. ____
8. Additional Terms. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon Client and Client’s heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators and representatives. This Agreement shall be governed by Michigan law without reference to its conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, this Agreement shall be construed and enforced as if such invalid or unenforceable provision had never comprised a part of this Agreement. In the event any action is brought to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to reimbursement by the other party of its reasonable costs and expenses including, without limitation, its reasonable attorneys’ fees and costs incurred therein. Client acknowledges that she has represented to the Company that payment of her Program membership fees will not place a financial burden on her or her family. The terms of this Agreement shall survive the expiration or termination of Client’s coaching engagement for any reason. ____
BY SIGNING UP TO PURCHASE AND SUBSEQUENTLY PURCHASING THE FIRST PAYMENT, CLIENT AFFIRMS THAT CLIENT HAS READ THIS AGREEMENT THOROUGHLY, UNDERSTANDS ITS CONTENTS, AND AGREES TO ALL OF ITS TERMS.
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