Service Agreement for The Payment Plan
Company agrees to provide Art Queen Coaching through the online course (herein referred to as the “Program”) to Client. Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Program.
- Coaching. Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Consulting and Coaching, which is not counseling or therapy, may address overall goals, specific projects, problem areas, or general conditions in Client's personal life or profession. Consulting services may include identifying business ideas, emotional blocks/patterns/beliefs, setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills development. Company guarantees that all information provided by Client will be kept strictly confidential, as permissible by law.
- Video Communication. Client hereby gives Company permission to record all communication, including video communication, between Client and Company.
- PROGRAM STRUCTURE; CLIENT PARTICIPATION REQUIREMENTS.
The Program Structure and Client’s Program Participation Requirements for “VIP Voyage” are detailed here, and for “Self-Guided Adventure” are detailed here.
This Agreement shall begin upon Client’s purchase of the program and Company’s receipt of Client’s first payment, as detailed here or here (“Effective Date”) and shall continue until the program, as detailed here or here, is complete, and all payments owed by Client to Company have been made, or until terminated by Company in accordance with this Agreement. Client’s failure to attend a scheduled meeting, obligation, or other arrangement contemplated by the program shall constitute forfeiture of Client’s rights thereto.
Company is committed to providing Client with a positive Program experience. By entering this Agreement, 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 becomes disruptive or violates the terms. If Client elects to terminate this Agreement, no refunds will be issued.
Client understands that no relationship exists between the Parties after termination of the Program. If the Parties desire to enter a relationship again after termination, a separate agreement is required.
- The net amount owed to Company under this Agreement shall be the sum of six (6) monthly payments, as detailed here or here (the “Net Amount”). The first payment shall be due on the Effective Date, with each subsequent payment due thirty (30) days following the previous payment.
- Client’s failure to pay any amounts due under this Agreement shall constitute a breach of this Agreement. If Client’s failure to pay any amounts owed persists for a period lasting seven (7) or more calendar days past the due date of such amounts, Client shall be in material breach of this Agreement. In the event of material breach, Company may immediately terminate this Agreement, and Client shall not be entitled to a refund of any amounts paid to Company.
Client shall not be entitled to a refund for any payments made by Client to Company under this Agreement. Company may, at company’s sole discretion, refund Client for payments made by Client to Company. Company’s provision of a refund shall in no way be construed as an admission of Company’s breach of this Agreement, nor shall it be construed as a release of Client from the terms and conditions of this Agreement. Upon entering this Agreement, Client is responsible for full payment of fees for the entire Program, regardless of Client’s participation or whether Client completes the Program.
Company will call Client at each scheduled appointment time. Scheduling for these meetings will take place via email or during the prior call. Company may provide Client with a booking link to book sessions if needed.
Client understands that any and all scheduled calls and/or other benefits expire at the end of the Term of this Program and will not be carried over.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). 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 shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
- COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
Clent does hereby grant and convey unto the Company all right, title, and interest in any and all photographic images, written works, video, or audio recordings made by the Company or Client during the Services, including but not limited to royalties, proceeds, or other benefits derived. Client authorizes the Company to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
- NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for the Client’s use. Any disclosure to other third parties is strictly prohibited.
Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted Program and/or Program materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Further, by entering this Agreement, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Kent County, Delaware. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, regardless of the conflict of laws principles thereof.
Nothing in this Agreement, and no course of dealing between the Parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the Parties or between one party and the other party’s employees or agents.
- ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations, including conflicts between this Agreement and Company’s website(s) and/or any links to Company’s website(s) included herein, to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement may not be assigned by either Party without the express written consent of the other Party.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, epidemics, pandemics, 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.
- CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, Client understands their participation is a vital element to the Program’s success. 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 results experienced by each client may vary. By entering this Agreement, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach Client’s goals as a result of participation in the Program. Client acknowledges that Company’s comments about any outcomes are expressions of opinion only and do not constitute any form of guarantee. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement. Client acknowledges that Company cannot guarantee any results for project completion as such outcomes are based on subjective factors that cannot be controlled by Company.
Client agrees to timely attend all scheduled meetings, events, and obligations, and abide by all due dates and requirements, as set forth by the Program. Client is not entitled to alternative services or refunds resulting from Client’s failure to comply with this section.