EXPANSION MASTERMIND TERMS AND CONDITIONS
This Agreement (“the Agreement") is made between Your Name (“You” "Your" or “the Client”) and Soul Yes LLC of 66 West Flagler Street, Suite 900, Miami, Florida, 33130 (“the Coach”)( together “the Parties).
By purchasing this programme, the Parties agree to abide by the terms as set out without variation
In accordance with the terms and conditions set out within this Agreement, the Coach agrees to provide the Services as defined below to the Client in exchange for payment of the Fee (as defined below). This Agreement sets out the terms for the Expansion Mastermind, “the Programme”.
- By entering into this Agreement the Client understands and accepts they are entering into a six or twelve month group coaching arrangement (the “Programme” as stated on the Kajabi link). In addition to electronic resources and training materials, all coaching will be delivered by way of group sessions (the “Sessions”).
- The Programme is specifically for clients seeking to develop themselves and develop and scale their businesses.
- This is a group training programme and therefore training will be delivered alongside other participants.
- The services to be provided by the Coach as part of the Programme shall include: coaching, mentoring and support services (“the Services”) which are designed to support the Client in achieving growth within themselves and their business.
- In delivering the Services the Coach agrees to provide them with reasonable care and skill.
- In delivering the Services the Coach may engage the services of their employees, contractors and other third-party providers as necessary.
- The services will be delivered via live group coaching sessions each month plus guest expert sessions.
- At the point of purchase, the Client shall be granted access to the training material and the Coach’s electronic resource library of documents, videos and training material. These training resources are extensive and shall support the Client in a number of valuable areas of their business. Trainings include “how-to” videos and guides on systems and processes and mindfulness, as well as strategies and information on launching and scaling.
- The Sessions will take place via Zoom or another online meeting facility.
- The Coach will confirm the date, time and length of each session at the beginning of each month. The Client understands and accepts it is the Client’s responsibility to attend the Sessions at the agreed time.
- In the event the Coach is unable to attend a scheduled Session then the Coach will make all reasonable attempts to provide the Client with as much notice as possible and shall ensure that the Session is rescheduled to a mutually convenient time.
- In the event the Client is unable to attend a Session or fails to attend a scheduled Session, the Client shall forfeit the right to that Session. Sessions will not be rescheduled if the Client is unable to attend. However all sessions will be recorded and available on replay.
- The Coach further agrees that, for the duration of the Programme, they shall be available to the Client by email at [email protected]. The Coach shall use all reasonable endeavours to respond to any email messages sent by the Client within 72 hours of receipt by the Coach.
- Should the Client require any further contact in addition to the scheduled Sessions or the further contact as set out in Clauses 2.8 and 2.9 above then such contact will be in addition to the Services agreed herein and a further agreement will need to be arranged and separate terms agreed.
- If the Client is invited to attend in-person meetings, events, retreats or similar then the Client shall be responsible for arranging and funding their travel and accommodation to participate in such activities.
- The Coach reserves the right to make amendments, revisions or changes to the Programme or cancel, amend, change or reschedule any part of the Programme as is reasonably required by the Coach. The Coach shall not be liable to the Client for any changes or cancellations that are made.
- The Client accepts and acknowledges that entering into this Agreement does not establish any form of legal business relationship and that the Coach is only liable to the Client in respect of the Services provided and to the extent as set out herein.
- The Client accepts that as part of the Client’s participation in the Programme they may be required to review and make decisions concerning their personal and home life, business and career, finances, lifestyle, education and development and health and wellness and that any such reviews, subsequent decisions, implementation and action will be the sole responsibility of the Client.
- The Client accepts and understands that they are solely responsible for making decisions and taking appropriate action as a result of any matters reviewed or discussed during the Programme and that the Coach shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the Client’s participation in the Programme.
- The Client understands and accepts that engagement in the Programme and acceptance of the Services is not a substitute for counselling or other therapy services. If the Client is currently undergoing medical or other professional help concerning their mental health then the Client should inform their practitioner of the existence of this Agreement and the extent of the Services being provided and inform the Coach if appropriate and relevant.
- The Client acknowledges that it is their responsibility to attend the Sessions as agreed and during such sessions to participate fully, and communicate openly and honestly. Further, the Client acknowledges that they will be required to take specific action and implement advice given throughout the Programme and such action will be their responsibility.
- The Client acknowledges and understands that the Programme is a group programme and that the Sessions are group sessions hosted by the Coach. The Client agrees to conduct themselves in a reasonable and responsible manner at all times during Sessions and not to act in a manner which may cause offence, distress or alarm to the Coach.
- In the event the Client acts in a way which is disruptive, or which causes offence, distress or alarm, to the Coach then the Client will be excluded from the Session. Following such removal and exclusion, the Coach will arrange a meeting with the Client to discuss the matter and to determine whether the Client will be removed and/or excluded permanently. Such a decision to be at the Coach’s absolute discretion.
- In the event the Client has any concerns as to the Coach’s delivery of the Services or the Client’s participation in the Programme in any way the Client agrees to notify the Coach of such concerns by email as soon as possible. The Coach agrees that upon receipt of notification of such concerns that the Coach will use all reasonable efforts to work with the Client to resolve the Client’s concerns.
- The Client understands that, once signed, this Agreement can only be cancelled or terminated in accordance with the relevant provisions contained within this Agreement and that refunds only apply as set out in Clause 5.
- The Client confirms that all information provided to the Coach, including information which is personal and/or confidential, is true, correct, up to date and complete.
- The Client agrees and understands that participation in the Programme does not guarantee results or success. As part of the Programme the Client will have access to information, resources, people and support all designed to benefit the Client but it is the Client’s responsibility to take action and to implement the necessary information received and/or skills or tools shared.
- The Client accepts and understands that any materials and information provided during the Programme and delivery of the Services is for general information purposes only and does not constitute legal or financial advice.
- The Client agrees that they will not canvass, promote or advertise their products or services to any employee, client or contractor of the Coach or use their participation within the Programme to canvass, promote or advertise their products or services without the Coach’s express consent, such consent not to be unreasonably withheld.
- The Client agrees that during the Programme and for 12 months afterwards, that they shall not solicit any of the Coach’s clients or prospective clients without the Coach’s express consent, such consent not to be unreasonably withheld.
- The Client agrees that for the duration of the Programme and for a period of 12 months afterwards, that the Client will not employ, engage or attempt to induce, employ, solicit or entice away from the Coach any of the Coach’s employees, or contractors that were engaged, employed or contracted to the Coach at any point during the period of the Programme without the Coach’s express consent in writing, such consent not to be unreasonably withheld.
- The Client agrees to indemnify and hold harmless the Coach for any action taken against the Coach due to the Client’s violation or disregard of:
- any provision of this Agreement;
- the Client’s participation in any way in the Programme.
Fees and Late Payments
- The Programme Fee is due immediately on execution of this Agreement.
- Payment of the Fee can be made in full or by installments.
- Payment by installment shall be made by the Client as the payment link states.
- The Fee shall be paid by the Client by an online payment system (Stripe) via Kajabi.
- Once cleared payment of the Fee (or payment of the first installment of a Fee payment plan) is received by the Coach, the Coach shall provide a receipt to the Client and shall confirm the date of the first Session.
- In accepting the terms of this Agreement, the Client agrees to pay the entire Fee. There will not be a refund, discount or option for part-payment of services if the Client decides not to proceed with the full Programme. Should the Client stop participating, monthly payments will still fall due and should be paid to the Coach until the entire Fee is paid.
- If the Client does not pay any amount properly due to the Coach under this Agreement, the Coach will charge a fixed administrative fee of $300 for each late payment and the Coach reserves their right to suspend delivery of the Services until all outstanding payments have been made.
- In addition to the late payment fee set out in Clause 4.8, the Coach may charge the Client interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month) or claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
- Should any payments become more than 14 days overdue, this shall amount to a material breach of the contract and the Coach reserves their right to terminate this Agreement and seek recovery of all outstanding fees immediately. The Client shall lose their place on the Programme and be responsible for any and all costs and fees, including legal fees, associated with the recovery of unpaid or outstanding fees.
Refunds and Cancellation
- At the point of purchase, the Client shall be granted access to the training material and the Coach’s electronic resource library of documents, videos and training material. Due, in part to the instant delivery of all of the training assets within the Programme and due to the business to business contractual relationship formed within this Agreement, no refund shall be permitted. It is therefore important that the Client checks the Programme details for suitability before purchasing.
- Notwithstanding, Clause 5.1, the Client’s statutory refund rights to a refund remain.
- Should the Client wish to cancel their place on the Programme and stop attending the Sessions, they shall be permitted to do so but the requirement to pay the balance of the Fee shall remain.
- This Agreement may be terminated by either party providing written notice in accordance with the terms of this Agreement in the following circumstances:
- either Party commits a material breach, and if it is a breach being capable of remedy, the Party in breach fails to remedy the breach within 14 days of being notified of the breach by the other Party; or
- either Party commits a material breach which is incapable of being remedied;
- The Coach will be entitled to limit the Services or suspend, and/or terminate the Agreement without refund of any Fee, whether paid or remaining due, if the Coach reasonably determines that the Client:
- is becoming disengaged, disruptive or if the Client impairs the participation or progress of the Programme and/or provision of the Services. For the purposes of this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Services, repeatedly missing Sessions to be without reasonable justification or reason, failing to positively contribute to discussions during Sessions or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to offend the Coach; and/or
- is failing to follow or abide by any of the terms set out within this Agreement or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
- Upon termination for any reason, the Client’s access to all Services, access to any private social media accounts or groups, and any other online resources, will be removed, unless expressly agreed otherwise. The Coach will not be liable to the Client for any claims relating to the removal of that access.
Confidentiality, Intellectual Property and Data Protection
- To maximise the efficiency and results of the Programme the Client accepts that they will be encouraged to disclose personal and/or confidential information. The Coach understands and respects the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for his/her benefit or the benefit of any other person or entity, the Client’s ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential Information”) that the Client may disclose to the Coach or that may be disclosed as part of the provision of the Services to which this Agreement relates.
- Confidential Information for the purposes of this Agreement excludes any information that:
- was already known to the Coach before being provided with that information by the Client;
- is already accessible in the public domain;
- is provided to the Coach by a third party separately from this Agreement and without any breach of the terms of this Agreement; or
- is produced, developed or collated by the Coach independently of the Client and without any breach of the terms of this Agreement.
- In the event information is provided to the Coach by the Client which causes the Coach to fear that the Client is at risk of danger to themselves or others then in such circumstances the Coach will be permitted to disclose such information as is necessary for the protection of the Client or others.
- This clause will not apply in the event the Coach is subject to a relevant court or other forms of legal or statutory order requiring disclosure by the Coach.
- By entering into this Agreement the Client hereby agrees and undertakes;
- not to infringe any of the Coach’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;
- that any Confidential Information disclosed by the Coach is confidential and proprietary and belongs solely and exclusively to the Coach that disclosed it;
- not to disclose such Confidential Information to any other person or use it in any manner other than in discussion during Programme sessions;
- that all materials, information and any data provided by the Coach are that individual’s confidential and proprietary intellectual property and belong solely and exclusively to them, and may only be used by the Client as expressly authorised by the Coach; and
- the reproduction, distribution, and/or sale of any information or materials provided during provision of the Services or at any time thereafter by anyone but the Coach is strictly prohibited. The Client agrees that in the event of any breach of their obligations contained in this Agreement then damages, loss or irreparable harm may arise and that in such circumstances the Coach will be entitled to seek relief, including injunctive relief against the Client.
- to preserve and protect the Confidential Information of other Programme Participants and not to make any disclosures relating to information shared by third parties.
- As part of the delivery of the Services the Coach will provide certain materials and resources under licence. These materials shall include, but not be limited to, Programme handouts, workbooks, Programme materials and resources. Where any of the materials and resources provided by the Coach contain intellectual property belonging to a third party and not the Coach, the use of that material will be governed by that third party’s terms and it shall be the Client’s responsibility to seek consent to use that material. The Coach will not be liable to the Client in respect of the Client’s use or attempted use of materials which contain intellectual property belonging to a Third Party.
- The Coach will grant to the Client a personal, limited, non-transferable, non- exclusive, revocable licence to access and use the materials and resources provided as part of the Programme solely for the Client’s business purposes and for the purposes as intended by this Agreement.
- The Client must not use any of the materials or resources provided by the Coach during delivery of the Programme for:
- any commercial purpose or benefit without first obtaining the Coach’s express written permission and relevant licence if applicable;
- any unlawful purposes, would cause harm or distress to another person or would cause damage to our business or reputation.
- No recording of any of the Programme Sessions or any live webinars or video resources that are shared by the Coach as part of the Programme is permitted without the Coach’s express consent.
- In respect of the Services to be provided under this Agreement the parties agree that in relation to any information, whether confidential or not, that is shared between the Parties that they shall be individually responsible to comply with any and all relevant data protection laws and legislation.
- Any information or data that is provided by the Client pursuant to this Agreement, including Confidential Information, will be maintained by the Coach and stored, accessed and processed in accordance with recognised data protection legislation. full details of how the Coach processes personal data reference should be made to the Privacy Notice displayed at: www.alexandriamaria.co.uk.
- Both Parties agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing.
- Both Parties agree to provide a copy of all information held upon receipt of a proper and reasonable data request. Any such request shall be dealt within a reasonable time.
- All documentation and information provided to the Coach during the course of the Programme will be retained in accordance with relevant retention guidance for a period of no less than 6 years.
- The obligations set out within this Clause 7 shall survive the termination of this Agreement.
- The Coach has made every effort to accurately represent the Programme and the Services. Any testimonials and/or examples of results experienced 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 his or her background, dedication, desire, and motivation. As with any business endeavour, there is an inherent risk of loss of capital and the Coach makes no guarantee, representation or warranty as to the outcome the Client may experience in connection with the Services provided.
- The Coach will not be liable to the Client for any indirect, consequential or special damages.
- From time to time the Coach may refer to, introduce or utilise the services of expert coaches and advisors. The Coach shall not be liable for any of those services and makes no recommendations as to their suitability for the Client.
- None of the Services shall be construed as medical, legal or financial advice and the Client should seek input from third party professionals should additional advice be required.
- In the event damages are incurred by the Client as a result of the Coach’s default or violation of any of the terms of this Agreement, the Coach’s entire liability under this Agreement is limited to the amount paid by the Client to the Coach as at the time the loss is sustained.
- During the term of this Agreement and at any time thereafter, the Client agrees to take no action which is intended, or would reasonably be expected, to harm the Coach, her agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Coach, her agents, employees, contractors, or clients.
- In the event a dispute arises in connection with this Agreement and the provision of the Services which is incapable of being resolved by mutual consent then the Parties agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then legal action shall be commenced.
- The Parties agree that they have adequate insurance cover to meet any liabilities that may arise in connection with this Agreement.
- Nothing in this Agreement shall limit or exclude liability for: death or personal injury resulting in negligence, fraud or fraudulent misrepresentation nor shall it exclude any liabilities that may not be excluded under applicable law.
- Where reference in this Agreement is made to the provision of a notice then any such notice shall be validly served if sent by email, or first-class post to the address of the other party as set out in this Agreement and shall be deemed served as follows:
- if sent by email, upon receipt of a valid delivery notification, if prior to 5 pm UK time, or at 9 am the following business day;
- if by post, on the second business day after posting.
9.2 The Client must ensure that their contact information is kept up-to-date and any change of address is communicated within 7 days.
- The failure of either Party to actively enforce any provision of this Agreement shall not prevent that party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
- In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
- This is the entire agreement between the Parties and supersedes all other negotiations, drafts, correspondence and discussions prior to the execution of this Agreement.
- Every effort will be made to carry out this Agreement and provide the Services, but the Coach shall not be liable for any delay or failure in the provision of the Services should the Coach be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Epidemic, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond the Coach’s control. In such circumstances time of delivery of Services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will the Coach be liable for any loss or damage suffered by the Client as a result thereof.
- The Coach acknowledges the importance of telecommunications to the delivery of the Programme and agrees to use all reasonable endeavors to provide reasonable contingency provisions to limit any impact or delay which may be caused to the provision of the Services by delay or failure of Telecommunications services. Nothing in this provision will affect the application of this clause where an unexpected event occurs.
- This Agreement is formed in the United Kingdom, the principal place of business for the Coach and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of
England and Wales. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of England and the laws from time to time in force.
- The Client agrees that no other representations have been made by the Coach to induce the Client into entering into this Agreement and no modification to the terms of this Agreement shall be effective unless in writing and signed by both parties.
- Save as provided for in clause 8.4 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
- The Client acknowledges that he/she has been given sufficient time to seek legal advice prior to entering into this Agreement.
The Parties have indicated their acceptance of this Agreement by purchasing this programme.