THIS AGREEMENT is made between Prosperity Wizards, Inc
(“Coach”) and (“Client” or “You/Your”) as of today’s date. The term “Agreement” refers to this Program Agreement and the attached Exhibits which shall be deemed a part of this Agreement.
WHEREAS, Client desires to receive participation in the Brand Your Passions Program and coaching services from Coach, and Coach desires to provide such Program and services based on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Coach hereby agree to the following terms of this Agreement as follows:
1. Program Description.
Under the terms of this Agreement, Coach agrees to provide business and mindset coaching services through the 24-week Brand Your Passions Program (“Program”) in the form of webinars, audio and/or visual presentations and videos, workbooks, and virtual live meetings plus periodic personal coaching and evaluation delivered by Boruch Akbosh and/or her team of experts (“Coach’s Team”) in exchange for a Program Fee.
The Program includes lifetime access to: (1) the Program training materials in the members’ website or otherwise provided to Client throughout the Program (“Program materials”), (2) the Facebook Client Community, and (3) the live Q&A calls, AND 24 weeks of access to: (4) a bonus Facebook Ads Training, and (5) marketing material review (“limited portion”). The client also receives one (1) ticket to our next live event.
Client’s access to the Program is made conditional on payment of the Program Fee and begins on the first date Client is provided with access to review or participate in the Program (“Program Start Date”) and the limited portion ends at the conclusion of 24 weeks thereafter.
The term of this Agreement will commence upon: (1) Your acceptance of this Agreement and (2) payment of the applicable Program Fee.
3. Program Fee.
Client agrees to compensate Coach for the Program with a Program Fee according to the payment schedule set forth at checkout. Client agrees that Client is financially willing and able to invest in this Program by choice, and that by so doing, Client is not incurring any economic hardship in any way.
4. Refund Policy.
Because considerable time and effort has gone into creating all aspects of the Program, if Client decides to withdraw from the Program at any time for any reason, Client is still fully responsible for making all Program payments, and no refunds, in full or in part, will be provided except if a refund request is approved per Section 5. By signing this Agreement below, Client fully agrees and understands that Client is and shall be responsible for making all payment amounts of the Program Fee on the payment schedule as set forth at checkout, and that if Client seeks a refund or withdraws from the Program, for any reason whatsoever at any time, Client shall not be entitled to a refund except if a refund request is approved per Section 5.
5. Refund Applications.
You can participate in the program for up to the first two (2) Modules, which will be released to you over 2 weeks. If you do all the assigned work and don’t get value or feel your learning style doesn’t match how we teach, we’ll happily refund the money you’ve paid us under this agreement less any external fees and processing fees subject to the following conditions:
Deadline to Apply for Refund. To be eligible for a refund, you must submit your request by the 14th day after your program start date. The deadline exists because if you sign up for Brand Your Passions, we want you to get started.
Completed Course Work. We’ll ask for your completed course work (to make sure you gave it a go) and ask what didn’t work for you (so we can learn and improve).
Completed Coaching Sessions and Q&A Calls. We will check whether you attended all scheduled Q&A Calls to ensure you fully participated in the program.
Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
Please do not enroll in Brand Your Passions if you just want to “check it out.” We put an extraordinary amount of time and effort into this program, and we expect you to do the same.
6. Credit Card Authorization and Receipt.
If paying by PayPal, debit card, or credit card, Client gives Coach permission to automatically charge Client’s credit card or debit card in the amounts set forth at checkout. To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. If Client uses a multiple-payment plan to make payments to Coach, Coach shall be authorized to make all charges at the time they are due and is not required to seek separate authorization to do so. Payment dates and amounts may be modified if agreed to in advance in writing by both Coach and Client.
7. Chargebacks and Payment Security.
Your financial commitment to his Program is important. Client hereby agrees not to make any chargebacks to Coach’s account. Client further agrees to not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Coach’s collection of payment hereunder. Client’s participation in the Program is voluntary and entered into with the full understanding and agreement as set forth in Section 3 that Client will make all Program Fee payments. Client has been given an opportunity to ask any questions about the Program and Program Fee payments prior to signing this Agreement and is choosing now to enter the Agreement with the commitment to honor the payment schedule at checkout and not default on payments or make chargebacks.
8. Failed Payments.
In the event Client fails to make any of the payments for the Program Fee by the due dates as set forth at checkout, Coach has the right to immediately cease the Program, including all access to Program materials, until payment due has been paid in full. In addition, should payment fail to be completed within 10 days of the due date, Client agrees and understands that Client is responsible for and will be charged any collection fees or charges and/or reasonable attorney fees incurred in connection with the cost of collecting such fees and payments.
9. No Program Extensions or Pauses.
The limited portion of the Program is 24 weeks in duration beginning on the Program Start Date. By signing below, Client understands and agrees that no extensions of time to the Program, pauses during the Program, or requests to put the Program “on hold” are to be granted to You.
10. Non-Exclusivity of Instructor.
Client agrees that Coach is not required to ensure exclusivity of any instructor that is assigned to work with Client. Coach reserves the right to change and replace the Client’s existing instructor with another instructor at Coach’s sole discretion. Any such change or replacement may be made without the consent of Client, and without prior notice to Client.
11. Case Studies and Testimonials.
Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity. Client will always be contacted by Coach for approval prior to any case study or testimonial being published in which Client will be identified by full name or identity. Client also acknowledges that all Program coaching or training calls are being recorded and that they are for training purposes only, to be used exclusively by Coach and Coach’s Team. By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program, Client affirmatively agrees and acknowledges that Coach may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, Client’s experience in the Program, including any specific results experienced by You during the Program and no compensation will be provided to You. Client agrees and acknowledges that this includes any written statements You may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded at any live, video, audio, or recorded event(s) in which You participate even if You aren’t intending to make such submission as a testimonial. Client further represents that any such statements or testimonials that You make during the Program shall be correct, accurate, and truthful.
12. Intellectual Property Rights.
Coach retains all ownership and intellectual property rights to the Program and Program materials provided to Client through the Program, including all copyrights and any trademarks belonging to Coach and/or Coach’s Team. The Program and Program materials are being provided to Client for Your individual use only and with a single-user license for educational and informational purposes which means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money to any other person or entity, without Coach’s prior written permission. No other license is being granted or implied to You.
The purpose of the Program is to train and educate Client about key areas of business to assist Client in Your own practice in a different field from Coach, and not for Client to learn and use this information to compete with Coach’s business or the Program, directly or indirectly, in any way. With that understanding, Client fully agrees that Client shall not use any of Coach’s or Coach’s Team’s intellectual property learned through the Program, in part or in full, purposes including during coaching sessions with Coach or Coach’s Team, for Client’s business in a way that competes, directly or indirectly with Coach’s business and such use shall be considered improper and unauthorized use of the Program and/or Program Materials.
Such intellectual property, including the Program and Program materials, is a special, unique and valuable asset of Coach’s that has been created with extensive time and care. Client agrees not to teach, coach, launch or offer programs, services or information that is, or is perceived to be, the same as, or substantially similar to the Program, in whole or in part, and/or in direct competition with Coach now or at any time in the future. This includes but is not limited to Client holding him/herself out as or offering coaching or consulting services in areas such as Business, Marketing, Advertising, Branding, Technology, or any subject covered in the Program and Program materials now or at any time in the future. Further, Client agrees not to launch or offer programs that are marketed to potential or current clients of Coach or Client that are in direct competition, or perceived to be in direct competition, with Coach or Coach’s Team. A perceived or proven breach of this section of the Agreement is considered material and is grounds for immediate termination of Coach’s participation in the Program without notice.
Coach intends for the Program to be a positive learning experience for all participants, free from sales or marketing from any of the Program participants. Client agrees that the Client will not at any time during the Program, or during or after the term of this Agreement solicit business, attempt to solicit business, advertise or teach about Client’s area of expertise, or enter into business relationships with Coach’s or Coach’s Team’s past or current clients or Program participants, without the prior written permission of Coach. Client agrees and understands that Client is not to market, gift or sell Client’s programs, products, services or information, directly or indirectly, through any of the platforms provided by Coach during the Program, including but not limited to videos, group calls, member forums, members’ website, social media groups/pages, e-mail communications, chats, or by any other form of communication. Client agrees not to solicit, influence or attempt to solicit or influence any of Coach’s or Coach’s Team’s clients, customers, Program participants, employees, or contractors, either directly or indirectly, to direct any purchase or use of products and/or services from Client or provide advertising, marketing, gift or sale of any products or services of any kind, to any of Coach’s clients, customers, Program participants, employees, or contractors, without the prior written permission of Coach. In addition, Client agrees not to hire or enter into agreements with Coach’s current contractors, team members, or employees or solicit or persuade, or attempt to solicit or persuade, any of Coach’s employees, contractors, consultants, or persons in the process of being recruited to hold such positions, to end or to modify any existing relationship with Coach, or not to enter a relationship with Coach. A perceived or proven breach of this section of the Agreement is considered material and is grounds for immediate termination of Coach’s participation in the Program without notice.
14. Good Faith.
Coach and Client represent and warrant to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
15. Personal Responsibility & Assumption of Risk.
Client acknowledges that Client takes full responsibility for all decisions made before, during and after the Program and knowingly assumes all of the risks of the Program, whether known or unknown, related to Client’s use, misuse, or non-use of the Program or any of the Program materials. Client accepts and agrees that there are many factors that contribute to the success of the Client which are outside of Coach’s control; therefore, Client accepts and agrees that Client is 100% responsible for Client’s progress and results from the Program, and Coach makes no guarantees as to the outcome of the Program.
Coach expects that Client is entering the Brand Your Passions program with existing experience and passions needed to create programs suited for the coaching industry. By enrolling in the Brand Your Passions program, Client also understands that said program is not intended to turn Client into a coach, nor does it equip Client with the expertise needed to create coaching results for their future clients. This program is a business training program, only suitable for experts, coaches, and individuals who already possess the ability to create amazing results for people and have gained their skills, passions, and expertise from real life experience, work experience, or education.
Client is aware that Coach is not a physician or licensed medical provider and therefore does not diagnose, treat, prevent or cure any disease, and therefore is not a replacement for Client’s medical doctor, therapist or physician. Client acknowledges that Coach is not a medical provider, psychotherapist, employment agent, business manager, or financial analyst. If Client is presently under any form of psychiatric care, psychotherapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together. Client understands that while Coach has used care in preparing the information provided to Client, the Program and Program materials are being provided as self-help tools for Client’s own use and for informational and educational purposes only. Client agrees that Coach is not responsible for Client’s physical, mental, emotional and spiritual health, for financial earnings or losses, or for any other result or outcome that Client may experience through the Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult Your own medical or mental health professional. For specific questions related to Your financial, legal or tax situation, consult Your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult Your own clergy member or spiritual healer. Do not start or stop taking any medications because of anything You have read or received through this Program.
17. No Warranty.
COACH MAKES NO WARRANTY THAT THE SERVICES WILL MEET CLIENT’S PRE-CONCEIVED EXPECTATIONS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM THROUGH OR ON BEHALF OF COACH UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
18. Limitation of Liability.
Client accepts all risks, foreseeable or non-foreseeable, arising from such transactions and client’s use of the Program. In no event will the aggregate liability of Coach with regard to this Agreement, the Program exceed the compensation paid by Client to Coach under this Agreement. Coach shall not be liable for any indirect, consequential, special or exemplary damages (including, without limitation, damages for any loss of profit, revenue, data, business or use) even if such party has been advised of the possibility of such damages. Client agrees that Coach’s employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Coach.
Client shall defend, indemnify, and hold harmless Coach and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities 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 Program.
Should Client wish to terminate this Agreement, Client is to notify Coach by sending an e-mail to Boruch Akbosh at email@example.com. In the event that Client is in arrears of payment or otherwise in default of any of the terms of this Agreement, or chooses to voluntarily terminate this Agreement, all payments due hereunder for the Program shall be immediately due and payable. Coach shall be allowed to immediately collect all such sums from Client and, at Coach’s discretion, immediately terminate Client’s access to the Program and Program materials. In addition, Coach may, at any time and without cause, terminate this Agreement, at which time any payment for services rendered by Coach to Client shall immediately become due and payable.
Client agrees that if You have a question or concern about the Program, that You come to Coach or Coach’s Team directly to resolve the issue. Coach agrees to make Boruch Akbosh and/or Coach’s Team available during weekday business hours to discuss by phone or e-mail any concerns or disputes Client may have with regard to the Program in an effort to resolve them privately and professionally. Thus Client agrees to not publicly or privately make any negative or critical comments about the Coach, Coach’s Team, Coach’s business or contractors, the Program, other Program participants or to communicate with any other individual, company or entity in a way that disparages or harms the reputation of the foregoing in any way, including on social media at any time. As a part of the legal process, of course, Client is not prohibited from publicly sharing Client’s thoughts and opinions.
22. Additional Terms.
Client may not assign or otherwise transfer this Agreement, in whole or in part, to any other person or entity without the prior written consent of Coach. Any attempt by Client to assign or otherwise transfer this Agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of law principles. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction and venue of courts sitting within Erie County, New York, and the parties consent to the personal and exclusive jurisdictions of these courts. All claims against Coach or any of Coach’s Team, staff, employees, shareholders, directors, officers, or contractors must be filed within 100 calendar days of the date of the events first giving rise to the claim or otherwise be forfeited forever.
If for any reason any provision of this Agreement is held to be invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
Express designation of sections of this Agreement as material does not in any way limit other sections that have not been so designated from also being deemed material to the Agreement.
Any modification or amendment of any provision of this Agreement will be effective only if in writing and signed by Coach and Client. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by Coach or Client.
No waiver of any provision of this Agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.
Neither party will be responsible for any failure or delay in performing any of its obligations under this Agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, acts of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed 30 days from the date of notice of failure.
The parties agree that they are independent contractors and that no provision of this Agreement shall be deemed to create any joint venture, partnership, franchise, employment, or agency relationship between the parties. Neither Coach nor Client will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
This Agreement contains the complete understanding and agreement of Coach and Client and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the Program.
This Agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument. Delivery of an executed signature page by any electronic means (including via any electronic or digital signature) shall be deemed effective as delivery of a validly binding original signature on this Agreement.
By completing your transaction, Client represents that he/she has had the opportunity to ask Coach or Coach’s Team any questions about this Agreement and that all questions have been resolved to Client’s satisfaction prior to signing the Agreement, and that Client enters into this Agreement with full knowledge, understanding and agreement to each of its terms.
Both Coach and Client represent and warrant that, on the date first written above, they are legally authorized to enter into this Agreement.
IN WITNESS WHEREFORE, the parties have executed this Agreement as of today’s date first set forth above.
Q&A COACHING CALL WAIVER CHECK IN & RELEASE
I voluntarily desire to participate in the Q&A Coaching Calls that will be performed by one or more of Coach’s Team members (“Coach”). In exchange for participation in the Q&A Coaching Calls and the services and expertise provided by the Coach, I agree to the following:
I take full and sole responsibility for my life and well-being and all decisions made before, during and after each Q&A Coaching Call. I acknowledge that I am choosing to participate voluntarily in the Q&A Coaching Calls and I recognize that the Q&A Coaching Call, while planned with care and love, may contain certain inherent risks or reveal information to me about myself or my mindset that stretch me or invite me to grow outside of my comfort zone. I agree that I expressly assume the risks, both known and unknown, of the Q&A Coaching Call in which I participate and I am aware that I may voluntarily decline participating in any Q&A Coaching Calls at any time. (Please note that should you decline to participate in or choose not to complete in a Q&A Coaching Calls at any time, no refunds or exchanges will be provided for the time not used.)
I agree to follow any instructions or directions given by the Coach before, during and after the Q&A Coaching Call.
I understand that the information provided during or revealed through the Q&A Coaching Calls is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by my own physician, therapist, or any other licensed or registered mental or physical health care professional. I understand that the Coach is not acting in any capacity as a medical or mental health care provider and they are not giving medical advice.
I understand that the Coach is not providing health care, medical, mental health, or therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human mind, body or spirit during the Q&A Coaching Calls. Rather, the coach is serving in their capacities coaches, mentors and guides to provide me with education, information, and tools to assist me in my own self-care, personal growth, and business growth.
I agree to disclose any physical limitations that may impact my breathing or any other health or mental condition that may be affected during the Q&A Coaching Call. If I suspect that I have a medical or mental health emergency, issue or concern during the call, I agree to inform the Coach immediately.
I agree to seek the advice of my physician regarding any questions or concerns I have about my specific health situation, including but not limited to possible or actual pregnancy or any medications I am currently taking. I agree to not disregard or delay seeking professional medical advice or stop taking any medications without speaking to my own physician or mental health care provider.
At any time before or during the Q&A Coaching Call, should I know or fear that I may cause imminent harm to myself or any other person, I understand and agree that I am immediately obligated to let the Coach know and to remove myself from the situation in a peaceful and cooperative manner; otherwise, I consent that I may be asked to not participate in the Q&A Coaching Call, leave the Q&A Coaching Call, and/or have immediate physical or mental health care administered to avoid causing mental or physical harm to myself or others.
I consent to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during any live, in-person Coaching, and I agree to hold the Coach harmless as a result of any such injury or damage I may suffer due to the application of medical or mental health services or treatment. I also agree and consent that the Coach or her agent may contact an emergency contact and share detailed information about the emergency.
I understand that the Coach is an independent contractor who has contracted with Boruch Akbosh to provide certain services, including Coaching. I hereby release the Coach and Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which I have ever had, now claim to have, or may claim to have in the future against the Coach arising from my past or future participation in, or otherwise with respect to, the Q&A Coaching Calls, including the results and information that may be revealed or discussed with the Coach before, during or after each call.
In no event will the Coach be liable to any party for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on the Coaching Call, the information revealed in or through the Q&A Coaching Call, or other related programs and/or services, including, without limitation, personal injuries, accidents, misapplication of information, business revenue increase or decrease, or any other loss, malady, disease or difficulty, or otherwise, personally or professionally, even if I am expressly advised of the possibility of such damages or difficulties.
I have carefully read this document and by initialing below I consent to all parts of it. I understand that by initialing this Waiver and Release, I voluntarily surrender certain legal rights.