By clicking “I Agree,” entering your credit card information, or otherwise enrolling electronically or in writing, you (“Client”) are entering into a legally binding agreement with Empowered StarBoss LLC. a California Limited Liability Company(“Company”), according to the following terms and conditions:
- COMPANY’S SERVICES.
Upon execution of this Agreement, electronically, in writing or otherwise, the Company agrees to render services related to education, seminar, courses, consulting, coaching, business, and/or sales coaching (the “Program”). The terms of this Agreement shall be binding for any further services supplied by Company to Client as part of the Program. Parties agree that the Program is in the nature of consulting, coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
- COMPENSATION AND LATE FEES.
Client agrees to compensate Company according to the payment schedule set forth on Company’s website and the payment plan selected by Client (the “Fee”). Unpaid Fees and Expenses will be considered past due if not paid within thirty (30) days of the billing date. Client agrees to pay interest on past due amounts at the rate of 1.5% per month (18% per annum), or the maximum rate allowed by law, whichever is less, until paid. Interest charges added to the next month’s billing statement.
- CANCELLATION OF APPOINTMENTS
Cancellation must be made by phone or email more than 24 hours prior to a scheduled session The Client is responsible for any regular sessions fees that the Client cancels with less than 24 hours notice.
Upon execution of this Agreement, Client shall be responsible for the full Program Fee. No refunds will be given for any cancellation.
- CHARGEBACKS AND PAYMENT SECURITY.
To the extent that Client provides Company with Credit-Card(s) information for payment on Client’s account, Company 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 Company, Company 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 Company’s account or cancel the credit card that is provided as security without Company’s 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 Company without notifying Company in advance.
- 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 Company’s without the Company’s prior written consent.
- NO TRANSFER OF INTELLECTUAL PROPERTY.
Company’s 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 Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
- LIMITATION OF LIABILITY.
By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. By using Company’s services and enrolling in the Program, Client releases Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or nonforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever. 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. Client agrees that use of Company’s services is at Client’s own risk.
- 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 Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
- COURSE RULES.
To the extent that Client interacts with Company staff and/or other Company 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 Company. 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.
- 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 Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
- 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.
In the event that Client is has made missed a payment by greater than 30 days, Agreement shall be considered terminated and all payments shall be due with late fees in accordance with Section 2 herein. Additionally, Client shall be barred from further use of Company’s services. Either party may unilaterally terminate this Agreement at any time without cause upon thirty days (30) days written notice to the other party.
The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company 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 Company, or otherwise, without the written consent of Client. Company 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.
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.
Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s 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. Company 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.
- CONTROLLING AGREEMENT.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
- CHOICE OF LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the state of California without giving effect to any principles or conflicts of law. In the event of a disagreement between parties. before resorting to litigation or arbitration, any disputes arising out of or connected to this Agreement (including, but not limited to the services performed under this agreement) will be submitted to mediation in Los Angeles County, California, in accordance with the rules for alternative dispute resolution set forth under California Law. The parties will mutually cooperate to select the mediator to be used. Any and all information, negotiation and the results of the mediation will remain confidential.
- 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.
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.
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.
22.TITLES AND SUBTITLES
The titles and subtitles used in this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement.
All notices and other communications hereunder shall be in writing and may be sent electronically to Company at (EMAIL ADDRESS FOR NOTICES) or shall be mailed by registered or certified mail, postage prepaid, to the parties hereto at their respective addresses specified herein, subject to the right of either party to change its address by written notice. Company’s address for notices is: Empowered StarBoss LLC, 1507 7th Street #285, Santa Monica, CA 90401.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
- 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.