(collectively the “Parties”).
WHEREAS, HIGH END CLIENT PROGRAM is engaged in this business of marketing and client coaching services; and
WHEREAS, YOU desire to engage HIGH END CLIENT PROGRAM to provide business coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, HIGH END CLIENT PROGRAM agrees to provide business coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the 8-Week High End Client Program.
1.3. Termination: HIGH END CLIENT PROGRAM may terminate this Agreement at any time in its discretion upon notice to YOU, and limit, suspend, or remove YOU from continuing in the Program at any time without refund if YOU cease to follow the Program guidelines, become disruptive or difficult to work with, or impair the Program’s functionality in any way. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.4. High End Client Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay HIGH END CLIENT PROGRAM either
- $5,000 per month for two months, or
- a one-time lump sum of $9,000
for 8-weeks of access to and use of the High End Client Program.
1.5. No Refunds: HIGH END CLIENT PROGRAM abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by HIGH END CLIENT PROGRAM. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that HIGH END CLIENT PROGRAM provides Program(s) related to business coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Results can and do vary; therefore HIGH END CLIENT PROGRAM makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, her background, dedication, starting point in her business, desire and motivation.
2.2. Limited Liability: In no event, will HIGH END CLIENT PROGRAM be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if HIGH END CLIENT PROGRAM has been advised of the possibility of such Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by HIGH END CLIENT PROGRAM by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the LinkedIn Virtual Course and the Webinar System are the sole Intellectual Property of HIGH END CLIENT PROGRAM under United States copyright, trademark and other intellectual property laws and international treaties. YOU further, acknowledge and agree that, as between YOU and HIGH END CLIENT PROGRAM, HIGH END CLIENT PROGRAM and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of HIGH END CLIENT PROGRAM, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that HIGH END CLIENT PROGRAM uses in connection with services rendered by HIGH END CLIENT PROGRAM are marks owned by HIGH END CLIENT PROGRAM. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non-transferability: The rights and obligations under this Agreement are personal to YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold HIGH END CLIENT PROGRAM, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and HIGH END CLIENT PROGRAM concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with HIGH END CLIENT PROGRAM relating to the Program, whether oral or
4.4. Amendment: HIGH END CLIENT PROGRAM reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at http://highendclient.com/hecp-new-member-agreement/.
4.5. Governing Law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Ohio. The venue for any dispute shall be in the County of Butler.
4.6. Disclaimer: HIGH END CLIENT PROGRAM coaches, mentors, and other participants are not qualified to provide legal, tax, accounting or financial advice, and the information provided to YOU by these instructors is not intended as such. You should refer all legal, tax, accounting and financially related inquires to appropriately qualified professionals.
BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC INSTALLMENT BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
YOU
