2: Terms and Conditions:
2.1 If Client is accepted into the Program, Client shall pay the entire membership fee as described in Section 1: Course Investment.
2.2 Should Client willingly choose to not participate in the Energetic Self Mastery Program in the midst of the previously agreed-upon 12 months of participation, Client acknowledges that no portion of the fee shall be refunded.
2.3 By signing this Agreement, Client authorizes the Company to charge Client as agreed upon in Section 1, payment terms. If so necesary, Client also agrees to keep a working card on file with company, and will notify company of any billing changes at least 5 days prior to client’s payment due date.
2.4 Participation in the Program; Termination. The Company is committed to providing all Program participants with a positive Program experience. By signing below, Client agrees that the Company may, in its sole and absolute discretion, terminate the Client’s participation in the Program if the Company, in its sole and absolute discretion, determines that Client (i) is disruptive or difficult to work with; (ii) is failing to adhere to the terms and conditions of this Agreement, including the confidentiality provisions, or any Program guidelines; (iii) is delinquent on payment as agreed upon in this contract, or (iv) is impairing the participation of Program participants in the Program. Upon any termination of Client’s participation in the Program, Client shall continue to be obligated to pay the membership fee described in Section 3, including any monthly payments thereafter coming due.
2.5 Upon completion of the program, Client will no longer have access to program materials and structures.
2.6 Confidentiality. The Company will respect Client’s privacy and insists that Client respect the privacy of fellow Program participants. In this Agreement, Confidential Information shall mean and refer to any and all information whether in written, oral, encoded, graphic, magnetic, electronic, or in any other tangible form, and whether or not labeled as confidential, provided to Client by the Company or any other Program participant. Client agrees as follows:
2.6.1 Client will not violate the publicity or privacy rights of any Program participant.
2.6.2 Any Confidential Information shared by Program participants, or the Company or any representative of the Company, is confidential and proprietary and belongs solely and exclusively to the Company.
2.6.3 Client will not disclose such Confidential Information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions.
2.6.4 All materials and information provided to Client by the Company are (i) the Company’s Confidential Information and proprietary intellectual property, (ii) trade secret (iii) belong solely and exclusively to the Company, (iv) may only be used by Client as authorized by the Company, and (v) the reproduction, distribution and sale of such information and materials by Client or anyone else but the Company is strictly prohibited.
2.6.5 If Client violates or displays any likelihood of violating, any of Client’s agreements contained in this Section 5, the Company will be entitled to injunctive relief.
2.6.6 Upon the earlier of the Company’s request, or the termination of this Agreement or the Client’s participation in the Program, Client shall return to the Company, without keeping copies thereof, any and all property, materials, writings, documents, or other written information, including any Confidential Information, furnished by Company or other Program participants then in Client’s possession or custody.
2.6.7 All live facilitation calls are recorded. My Life My Design reserves the right to use the recordings as we wish.
3. Remedies. Client acknowledges and agrees that any violation by Client of this Agreement will cause the Company and/or other Program participants to suffer irreparable harm for which they will not have any adequate remedy at law. Therefore, if Client violates any provision of this Agreement, or displays any likelihood of such violation, the Company or other Program participant shall be entitled to injunctive relief without bond, including, but not limited to, temporary restraining orders and/or preliminary or permanent injunctions, to restrain or enjoin any violation or threatened violation of this Agreement. This right to injunctive relief shall be in addition to, and not in lieu of, any other legal or equitable remedies that may be available to the Company or other Program participants, including but not limited to monetary damages to the extent they are calculable. Any requests for injunctive relief shall occur in Summit County, Colorado and Client irrevocably consents to jurisdiction there.
4. No Warranties. The testimonials and examples provided by the Company are not intended to represent that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her dedication, desire, and motivation. Client also acknowledges that he/she has represented to the Company that payment of the Program membership fee will not place a significant financial burden on Client or Client’s family. Client is aware that the Client is responsible for his/her own results.
5. No Provision of Professional Advice or Therapy. Client is aware that the coaching relationship is in no way to be construed as psychological counseling or any type of therapy. In the event that Client feels the need for personal counseling or therapy, it is the responsibility of Client to seek a licensed professional. Further, the services to be provided by My Life My Design to the Client are coaching as agreed upon by both parties. Coaching, which is not therapy or psychological counseling, may address specific personal issues brought to the Coach’s attention. My Life My Design disclaims liability for and Client agrees to hold My Life My Design harmless from any and all liability of results.
6. Notices and Communications. Any notice, payment, request, instruction, or other documents to be delivered under this Agreement shall be in writing and delivered via email to the parties to the email addresses set forth in this Agreement. Client will notify company of any changed email address needed to honor this contract.
7. Your Life Your Design reserves the right to amend terms and conditions. If amended, Client will be notified and amendments will become effective 15 days after notice.
8. Non-Waiver. No delay or failure by either party in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
9. Governing Law and Dispute Resolution. This Agreement is formed in Colorado and shall be construed in accordance with and governed by the laws of Colorado without regard to its conflicts of laws/choice of laws principles. Client agrees that except for the request for injunctive relief, any and all disputes shall be resolved exclusively by binding arbitration which shall be final and which shall be conducted in Summit County, Colorado. The prevailing party shall be entitled to its attorney’s fees and costs from the non-prevailing party.