FULL BLOOM COACHING & SEMINARS
By clicking "I Agree," entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you ("Client") are entering into a legally binding agreement with FULL BLOOM Coaching & Seminars ("The Business"), according to the following terms and conditions:
1. BUSINESS' SERVICES. Upon execution of this Agreement, electronically, verbally, or otherwise, The Business agrees to render services related to education, seminar, consulting, coaching, and/or business-coaching (the "Program"). The terms of this Agreement shall be binding for any further goods/services supplied by The Business to Client.
Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by The Business pursuant to this contract shall be solely limited to those contained therein and provided for on The Business' website as part of the Program. The Business reserves the right to substitute services equal to or comparable to the Program for Client is the need arises. Arbitrators shall be persons experienced in negotiating, making and consummating business agreements similar in subject matter and objectives to those set forth in this Agreement.
2. COMPENSATION. Client agrees to compensate The Business according to the payment schedule set forth on The Business' website and the payment plan selected by Client (the "Fee"). The Business shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
3. REFUNDS. Upon execution of this agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance at the Program for any reason whatsoever after having already begun the Program, Client will receive no refund.
4. CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides The Business with Credit-Card(s) information for payment on Client's account, The Business shall be authorized to charge Client's Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to The Business, The Business shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to The Business' account or cancel the credit card that is provided as security without The Business' prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to The Business without notifying The Business in advance.
5. NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable with The Business' without The Business' prior written consent.
6. NO TRANSFER OF INTELLECTUAL PROPERTY. The Business' copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of The Business' intellectual property for Client's business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from The Business electronically or otherwise without the prior written consent of The Business. All intellectual property, including The Business' copyrighted course materials, shall remain the sole property of The Business. No license to sell or distribute The Business' materials is granted or implied.
7. LIMITATION OF LIABILITY. In exchange for the services and any products provided pursuant to the Program, Client, for itself and on behalf of its successors, heirs and assigns, hereby fully releases, indemnifies, forever discharges and holds harmless The Business, as well as its affiliates, subsidiaries, partners, officers, directors, shareholders, agents, servants, employees, representatives, attorneys, heirs, successors and assigns, past, present and future, and all assigns of such entities or persons, and each of them ("The Business"), from any and all claims, demands and causes of action, damages, liabilities, costs, expenses, and obligations of every other kind or nature, known or unknown, fixed or contingent, joint or several, whether at law or at equity, suspected or unsuspected, which now exist or may later accrue, arising out of, related to, or in any way connected with, the Program, and any of the services or products provided thereunder, excluding such claims, demands, and causes of action, damages, liabilities, costs, expenses, and obligations resulting from the gross negligence or willful misconduct of The Business. Client shall defend The Business in any legal actions or proceedings of any kind arising from or related to this Agreement, excluding actions or proceedings resulting from The Business' gross negligence or willful misconduct. Regardless of the foregoing, if The Business is found to be liable on any grounds, even including actions of gross negligence or willful misconduct, The Business' liability to Client is limited to the lesser of the total fees Client paid to The Business in the one month prior to the action giving rise to the liability or one thousand dollars U.S. ($1,000).
8. DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program's success and that The Business cannot control Client. The Business makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. The Business and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. The Business makes no guarantee or warranty that the Program will meet Client's requirements or that all clients will achieve the same results.
9. COURSE RULES. To the extent that Client interacts with The Business staff and/or other Business clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by The Business. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
10. USE OF COURSE MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by The Business, without compensation to the Client. Client consents to its name, voice, and likeness being used by The Business for future lecture, teaching, and marketing materials, and further other goods/services provided by The Business, without compensation to the Client.
11. NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
12. TERMINATON. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to The Business, Client shall be barred from using any of The Business' services.
13. CONFIDENTIALITY. The term "Confidential Information" shall mean information which is not generally known to the public relating to the Client's business or personal affairs. The Business agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with The Business, or otherwise, without the written consent of Client. The Business shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client's Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
14. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
15. CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by The Business, The Business' representatives, or employees, the provisions in this Agreement shall be controlling.
16. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the State of Israel pursuant to the rules of the Israel Contract Law, which arbitration shall be mandatory binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of the Agreement.
17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
18. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
19. SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
20. OTHER TERMS. Upon execution by clicking "I agree," the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.