Welcome to The After 5 Club Program!
Please READ Carefully.
Agreement: This is a binding agreement between Client (herein referred to as “Client”) and and Kelly Lynn Adams LLC, (herein collectively referred to as “Company”)
WHEREAS, Company provides training and consultation in the areas business coaching,
WHEREAS, Client wishes to retain Company on the terms and conditions set forth herein to provide such services,
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
Company agrees to provide services of The After 5 Club (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Kelly Lynn Adams (herein referred to as “Consultant” or “Kelly”), and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that Consultant have not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a coaching relationship and services do not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
Business Strategy and Coaching Q&A Calls with Kelly
9 Weekly Training Calls
Expert Bonus Calls
Private Membership Group
Networking and Accountability
Handouts, worksheets and templates
LENGTH OF PROGRAM
12 Weeks Starting May 4th 2015
If Client elects to pay in Full the total price of this program is one thousand two hundred and 97 dollars ($1297.00USD) or Early Bird Price of $1097.00USD if client signs up between April 15th 2015 and by April 17th 2015 by 11:59pm EST. Client has chosen to pay by one of the following methods; (1) In FULL, (2) Two monthly payments of $697.00USD (Total price of the program will be $1394.00USD); or (3) Three monthly payments of $499.00USD (Total price of the program will be $1497.00USD).
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card via Paypal.
If Client elects to pay in FULL, Client may do so via Paypal with a credit card or debit card.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program and regardless of whether Client has selected a lump sum or monthly payment plan. To further clarify, no refunds will be issued and all scheduled payments must be made on a timely basis.
EVENT CALLS – Client schedules appointment via online scheduling system. Client calls Kelly at the scheduled time.
It is Client’s responsibility to schedule the appointments with Consultant. If Client fails to schedule appointments those unscheduled appointments are forfeited.
If Client needs to reschedule an appointment with Consultant or Photographer, Client must give at least 48 hours advanced notice. All Post-Event calls must be scheduled no later than 60 Days following the end of the Program.
By purchasing this program you agree that that any/all scheduled coaching calls or other benefits expire at the end of the Commitment Period, and will not be carried-over. It is important to note that your benefits MUST be used during the Commitment Period.
The Company respects Client’s privacy and insists that Client respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during coaching sessions, Program or otherwise. 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 will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
NON-DISCLOSURE OF COACHING MATERIALS
Material given to Client in the course of Client’s work with the Kelly is proprietary, copyrighted and developed specifically for Kelly Lynn Adams LLC. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
NO TRANSFER OF INTELLECTUAL PROPERTY
Client has the limited right to make and use copies of the digital images for their own use in e-mail and on personal web pages. Client will not make copies for sale or for the purpose of circumventing the sale of documents or information, nor will the Client authorize reproductions of the images for commercial use or for photographic competition or display.
Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of 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 accepts and agrees that Client is 100% responsible for their progress and results from the Program. Consultant will help and guide Client however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation 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 this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
1) LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program.
2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
3) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.
Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client become disruptive or difficult to work with, or upon violation of the terms. Client will still be liable to pay the total contract amount.
5) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
7) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
8) NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties at the addresses appearing below. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or electronic mail, provided sender maintains confirmation that the notice was properly transmitted on that date. Notice addresses and contact persons for the Parties are as follows:
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date first above written.