Marina Stamos Coaching having an address of 1700 MARKET STREET, SUITE 1005, Philadelphia, PA 19103, United States, and Client
IN CONSIDERATION of Client participating in the 1-MINUTE TALK 6-MONTH GROUP MASTERMIND, the sufficiency of which consideration is hereby acknowledged, Client and Coach (individually the “Party” and “collectively the “Parties” to this Agreement) mutually agree as follows:
Client desires to receive coaching services from Coach by participating in Coach’s group program 1-MINUTE TALK GROUP MASTERMIND (6-MONTH) (hereinafter referred to as “Program”) and Coach desires to provide such services to Client based on the terms and conditions set forth in this Agreement. The following Program Coaching Services (collectively referred to as “Services”) shall be provided to Client:
CLIENT SHALL RECEIVE ALL SERVICES OUTLINED THE PROGRAM CURRICULUM AS SET FORTH IN THE SALES/CHECK OUT PAGE.
DELIVERY OF SERVICES
Services shall be rendered as follows: [PROGRAM DELIVERABLES SHALL BE RENDERED IN ACCORDANCE WITH THE PROGRAM CURRICULUM AS SET FORTH ON THE SALES CHECK OUT PAGE]. No Program extensions or pauses shall be permitted.
CREDIT CARD AUTHORIZATION
If applicable, client agrees to automatic recurring credit card payments and authorizes Coach to charge Client’s credit or debit card on file for recurring payments, outstanding payments, and any late fees pursuant to this Agreement. Client agrees to update credit card information if it changes.
COACHING SERVICES SHALL BE CONTINGENT UPON TIMELY PAYMENT
Coach’s obligation to render Services pursuant to Paragraph 1 of this Agreement is contingent upon Client’s timely payment of Program fee. Client agrees to make timely Program fee payment (s) as stipulated in paragraph 5 above.
4. LATE FEES
If Program fees are not received within 7 days of the due date, a ten percent (10%) late penalty fee will be added to the total outstanding balance. Coach reserves the right to withhold Services until all outstanding fees, including late fees, recurring fees, and penalties, are paid in full. Any coaching sessions missed due to non-payment shall be deemed forfeited.
5. DECLINED PAYMENTS
Declined or uncleared payments must be paid upon notification. Client’s failure to resolve declined or uncleared payments within 10 days of notification shall result in the revocation of Client’s access to the program, including but not limited to coaching, coaching calls, Facebook group access, membership site access, retreats and events (live and virtual). Client shall also be responsible for late fees, collection fees, recurring fees, attorney fees and any other reasonable fees incurred as a result of Coach’s collection efforts.
6. REFUNDS: NO REFUNDS
Client understands no refund shall issue for any reason whatsoever. Terminating or abandoning the Program and/or coaching sessions prematurely, will not entitle Client to a refund if, nor will it release Client of any payment obligations pursuant to this Agreement. Client agrees to be responsible for the full-service fee outlined in paragraph 4 and any applicable late fees as outlined in paragraph 8, even if client misses sessions, stops attending sessions or terminates this Agreement for whatever reason.
Our Refund Policy is clear and therefore chargebacks will not be tolerated. Client hereby agrees not to make any chargeback requests to Coach’s merchant/credit card company. In the event Client requests a chargeback at any time during or after the term of this agreement, Coach reserves the right to report Client’s personal information and the chargeback to all three credit reporting agencies or to an appropriate agency for listing of the chargeback in a chargeback database and as a delinquent account. Client understands this could have a negative effect on Client’s credit and credit score.
8. NO GUARANTEES
Results of coaching services cannot be controlled by Coach as too many subjective factors, outside of Coach’s control, are involved. Therefore, Coach cannot and does not guarantee any outcomes. Coach’s comments regarding any outcomes or past client experiences are expressions of opinions, not guarantees of any kind. Coach makes no guarantees, other than to render the services outlined in paragraph 1 in accordance with this Agreement.
9. EXCLUDED SERVICES
Coach will not provide services requiring a license such as, but not limited to legal, medical, mental, psychological, psychotherapy, financial and accounting services. Coach is not a licensed attorney, therapist, medical doctor or accountant. Any discussions in any of these excluded areas will be based on Coach’s opinion and are not to be relied upon in making decisions. Client is solely responsible for seeking the services of a licensed professional in matters involving legal, mental, health, psychological and financial. Coach shall not be responsible for any action Client takes, or fails to take, in any of these areas. Client is solely responsible for seeking professional advice and assistance in all areas outside the scope of this Agreement and shall not hold Coach liable for resulting consequences due to Client’s failure to seek appropriate professional advice and representation in all such matters.
10. GROUP CALLS
The schedule for Program group calls will be provided to you during the program. Missed group calls cannot be made up but access to recordings (if any are made and none are guaranteed) will be provided. By participating in the Program and speaking at any time during any call, you are consenting to the recording of your voice, image, name, and likeness. Any recordings shall be the solely owned by Coach and may be used by Coach in future trainings, events, and programs even upon expiration of this Agreement.
11. ONE-ON-ONE APPOINTMENTS (WHEN APPLICABLE)
Client will receive Coach’s calendar in advance for anyone one-on-one calls and is solely responsible for scheduling appointments. Client’s failure to schedule an appointment in the month Client is entitled to receive Coaching, shall result in that coaching session being forfeited and Client will not have an opportunity to reschedule. Any exceptions at sole discretion of advisor.
HONORING SCHEDULED APPOINTMENTS
Client agrees to honor all scheduled appointments. Failure to cancel an appointment within 24 hours will serve as a forfeiture of that scheduled session and Coach has no obligation to reschedule. Coach will make every effort to reschedule an appointment, when requested to do so within 24 hours of the appointment, but that request will be subject to Coach’s availability during the week of the appointment. Coach has no obligation to reschedule any appointment beyond the week originally scheduled.
MISSED APPOINTMENTS BY CLIENT
Missed appointments shall be forfeited (exceptions at sole discretion of COACH). If an unanticipated emergency keeps Client from attending a session, Client must contact Coach as promptly as possible to advise of those circumstances and Coach may make an exception to the forfeiture rule. Unanticipated emergency situations shall include a family emergency, a serious accident, illness or a sudden death. In all such unanticipated emergency situations, if Client misses a session without notice or fails to cancel within 24 hours in advance, that session will be forfeited. However, depending on the circumstances and in the sole discretion of Coach, and subject to Coach’s availability, Coach may reschedule the session.
MISSED APPOINTMENTS BY COACH
Coach may need to postpone a Client appointment and will make all necessary efforts to reschedule within a reasonable time limit. If Coach is incapacitated and not able to provide services per the agreement for a time period of ninety days, the agreement will be ended and any unused portion of any monies paid will be refunded.
All communications between Client and Coach shall be held in strict confidence, to the extent permitted by law, unless Client executes a written waiver permitting disclosure. The Coach/Client relationship is not a privileged one and as a result, under very limited circumstances, Coach may be required to disclose specific information in legal proceedings. This is highly unlikely but possible. If during the course of Coach/Client communication it becomes evident that Client may be a danger to him/herself or someone else or should Client disclose illegal activity, Coach is legally and ethically obligated to report that communication to the appropriate authorities.
Client acknowledges this is a group program and that any interaction and participation with any group member by any means during anytime throughout the program whether on group calls, in the Facebook group, at retreats, at events or any meeting platform is with voluntary consent of disclosure and Coach is not responsible for any unauthorized use of any and all information shared. Client agrees not to disseminate any information shared by others in the Program, neither during nor after the term of this Agreement, without consent. All Program conversations and communications are to be held in strict confidence.
TERMINATION BY CLIENT
Circumstances may occur whereby Client decides Client can no longer participate in the Program. Upon election to terminate this Agreement, client shall notify Coach pursuant to the Notice Provision in this Agreement. Early termination of this Agreement shall not absolve Client from past or future payment obligations in accordance with the terms of this Agreement. The Refund Provision in this Agreement shall apply.
TERMINATION BY COACH
Coach may terminate this Agreement if:
In Coach’s sole discretion, Client is conducting him/herself in a manner that is disparaging or disruptive to the Coaching relationship and/or the Program.
Client’s credit card has declined, and Client has not reinstated or made acceptable payment arrangements with Coach within 10 days of credit card decline.
Client agrees that termination of this Agreement by Coach for any of these reasons, shall not absolve Client from past or future payment obligations in accordance with the terms of this Agreement.
14. INTELLECTUAL PROPERTY
During the coaching process, Client may receive materials that are copyright and/or trademark protected. Coach retains ownership to all intellectual property. Coach’s materials are being provided to Client for Client’s use only and may not be shared, duplicated, posted, distributed, sold, exploited or copied in any form, printed or electronic, or otherwise, with any third party, this includes but is not limited to Clients team, staff, employees, family, friends and contractors. Client is granted a limited license to use Coach’s material as a single user for educational and informational purposes only.
15. PROPRIETARY INFORMATION
Client acknowledges that the methods, strategies, training, materials, and processes used by Coach are Coach’s Proprietary System which is owned by Coach and is confidential and copyright protected. Coach has taken a considerable amount of time and energy to develop Coach’s Proprietary System and Client agrees not to duplicate, disseminate, distribute or otherwise disclose to any party or third party for any reason whatsoever, unless it is part of the coaching program or a legal proceeding. Client agrees not to teach, coach, launch or offer in programs using Coach’s material or proprietary system.
Client agrees that during the term of this Agreement and thereafter, Client will take no action which is intended or would reasonably be expected to harm Marina Stamos, Marina Stamos Coaching, the Program or its or their reputation, or which would reasonably lead to unwanted or unfavorable publicity. Client also agrees not to make any disparaging or defamatory statements, remarks, comments on social media, any internet site or to any third party about Marina Stamos, Marina Stamos Coaching, or the Program. Client further agrees not to take any action to disrupt Coach’s business or harm Coach’s reputation. Client agrees that taking any of these prohibited acts will subject Client to a defamation lawsuit and severe damages.
Client grants Coach the right to use Client’s situation, testimonials, images, and statements (collectively “testimonials”) expressing client’s success and/or results attributed to Coach’s services and/or programs without compensation to Client as testimonials and case studies. Coach may reference, disseminate, and reproduce any testimonial describing client’s results and experiences working with Coach. Any statements made, posted on social media, captured on video or audio by client, including any images, whether intending to be a testimonial or not may be used by Coach as a case study and/or testimony. Client represents that any such statement shall be correct, truthful, and accurate.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one of the same instrument.
22. NO WAIVER OF CONTRACT RIGHTS
Coach’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Coach’s right to subsequently enforce such a provision or any other provision of this Agreement.
23. GOVERNING LAW; ARBITRATION; MEDIATION
The laws of the State of PENNSYLVANIA shall govern enforcement and interpretation of this Agreement. Venue and jurisdiction for any court action filed regarding this Agreement or any claims arising out of its execution or performance shall be resolved exclusively in any court of competent jurisdiction in PENNSYLVANIA. Resolution by Arbitration or Mediation may be pursued if agreed to by all Parties or if mandated by governing law.
24. RECOVERY OF LITIGATION EXPENSES
If any legal action, arbitration, mediation or any other proceeding is brought for enforcement of this Agreement, to resolve an alleged dispute, breach, default or misrepresentation in regard to any of the provisions of this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which that Party may be entitled.
If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) the Parties shall amend that revision to achieve substantially the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or invalidated.
26. FORCE MAJEURE
Notwithstanding any other provision of this Agreement, in the event that the performance of any obligation under this Agreement (other than the obligation to pay money when due and payable) is prevented or rendered commercially impractical by either party because of fire, earthquake, labor disputes, acts of nature/god or public enemy, pandemics, epidemics, quarantines, lock downs imposed by any government entity, unforeseen health or travel restrictions, war, threats or acts of terrorism, State Department travel advisories and/or restrictions, labor strikes, civil disturbances, or incapacity of party due to any local, state, federal, national or international law, government order or regulation or any other event beyond party’s control (collectively “Force Majeure Event”), then such party shall not be responsible to the other party for failure or delay in performance of its obligations under this Agreement.
27. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement represents the entire Agreement between the parties and supersedes all prior and contemporaneous Agreements, understandings and representations of the parties. Any modification of this Agreement must be in writing. No waiver shall be binding unless executed in writing.