TERMS AND CONDITIONS - JUMPSTART YOUR SOUL TEAM & Program Agreement
This Program Agreement, made by and between The Aligned Pretzel Inc (hereinafter known as the “Company”) and purchase hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”.
WHEREAS, the Company provides Consultation and Implementation (“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:
DESCRIPTION OF SERVICES
The Company agrees to provide Business Consultation and Team Implementation for Jumpstart Your Soul Team (hereinafter referred to as the “Program”). The Program includes:
1 Consultation with The Aligned Pretzel Inc - 45 minutes in length to discuss team member onboarding and systems setup and implementation to support the Clients vision.
1 recorded video training team member to use systems and processes to support client
1 recorded video training the business owner on how to use the systems and processes to be supported by their staff
1 Written and Video SOP on how to Onboard New Team Members
Systems setup and implementation as agreed to on consultation call
Services must be rendered within six (6 weeks) of initial payment, otherwise services expire. If an extension is required, this may be granted by emailing [email protected] with detailed reasoning.
PRIVATE FACEBOOK GROUP,
Every term and condition of this Agreement equally applies to any activities in the private Facebook group created for members of the program (the “Group”). The Group and additional training are a complimentary bonus and subject to Facebook terms and conditions. The Aligned Pretzel Inc does not have authority or control over Facebook and cannot predict any changes or rules to Facebook. The Aligned Pretzel Inc is not liable for the Group being made available to you or your rights to access Facebook. Additionally, Coach may institute community rules and guidelines for the Group with which you agree to comply.
The Client understands that the Company is a Online Business Manager. 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, strategy, and planning. The Client understands that the Company does not guarantee any outcome, income revenue, and/or profit from the Parties’ work together].
EXPECTATIONS The Company requests the Client to:
- Be on time and present for consultation session
- Be on time with any deliverables asked for
- Commit to making best efforts to participate in the program and to notify the Company if there are any questions or concerns.
TERM The Program is 6 weeks. 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 agreeing to and signing 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 without a refund or forgiveness of monthly payments if the Client becomes disruptive or violates any term of the Agreement.
If the Client chooses to terminate the Agreement at any time, no refunds will be issued.
PAYMENT The total price of the Program is 1 payment of $2200 USD, OR 2-monthly payments of $1500 USD (for a total of $3000 USD). The Client shall pay via credit card, PayPal, invoice, etc.] prior to the beginning of the term. If on payment plan, payment is due on the scheduled date (each month on the calendar date of enrollment). Late fees: There is a 3-day grace-period to resolve any missed payments. Starting on Day 4, a late fee of $100 shall accrue DAILY. Both parties agree the late fee represents a fair and reasonable estimate of the costs the company will incur by reason of late payment by the client.
The Client is responsible for the full payment, 1-time payment of $2500, or 2 monthly payments of $1500 USD regardless of whether the client completes or participates fully in the Program. NO REFUNDS will be issued under any circumstances.
The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). 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 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.
NON-DISCLOSURE OF COMPANY MATERIALS
Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited. The Company’s Program is copyrighted 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 copyrighted 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 nor implied. Further, by signing below, 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 under the then current rules of the American Arbitration Association (“AAA”). 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 and the award so rendered may be entered in a state court of California. The arbitration hearing shall be held in the state of California. 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.
The Agreement shall be governed by the laws of Canada
ENTIRE AGREEMENT; AMENDMENT; HEADINGS
The 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 the 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 the 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.
NO GUARANTEES, WARRANTIES OR REPRESENTATIONS
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, results, income, revenue, 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 than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement.
I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.