Purchase Terms & Conditions (read completely before purchasing)
This agreement is made effective on date of purchase between ("Client") and Jessica Terenyi (hereinafter "Owner")
1. PARTIES AND CONTRACT INFORMATION
This CONTRACT FOR SERVICES (this “Agreement”) is entered into on the date first set forth above between Jessica Terenyi Coaching (the “Company”) and (“Client”).
2. COMPANY'S SERVICES
1. The client has purchased:
1:1 Coaching for the purpose of business & personal coaching through the Company’s provision of recorded lessons (the “Services”) by Jessica Terenyi (the “Coach”).
3. TERM The Services begin on the day of the purchase.
4. CLIENT AGREES TO PAY THE COMPANY:
1. Total Payment Amount: 1 Payment of $1,497.00 USD.
2. Method: Kajabi Automatic Payments
5. REFUND POLICY: There are no refunds associated with this offer, all sales are final.
6. CONFIDENTIALITY:
Any information discussed or any information either party comes to know or possess during the term of this Agreement, including without limitation any information contained in materials provided by the Company or the Coach to Client through the term of this Agreement including but not limited to documents, images, audio, and video (the “Materials”), is confidential (the “Confidential Material”). Confidential Material does not include information that either party was aware of prior to executing this agreement, nor does it include information that was provided to either party by a third party, or information that was available to the public through no breach of confidentiality by the Company. Confidential Information may be shared if and only if waived by both parties in writing. Both parties agree to safeguard the Confidential Information using commercially reasonable means. The terms of this Paragraph 11 shall survive the termination of this Agreement indefinitely.
7. INTELLECTUAL PROPERTY:
The Company reserves all ownership rights to the Materials. Other than for her individual use, the Client agrees to not share, copy, distribute, disseminate, or sell the Materials for either commercial or non-commercial purposes. Each party understands and agrees that its breach or threatened breach of confidentiality or intellectual property rights will cause irreparable injury to the other party and that money damages will not provide an adequate remedy for such a breach or threatened breach, and both parties hereby agree that, in the event of such a breach or threatened breach, the non-breaching party will also be entitled, without the requirement of posting a bond or other security, to seek equitable relief, including injunctive relief and specific performance. The parties’ rights under this Agreement are cumulative, and a party’s exercise of one right shall not waive the party’s right to assert any other legal remedy.
8. NON-DISPARAGEMENT:
Both parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party’s business, services, products, or reputation.
9. ASSIGNMENT:
This Agreement shall bind both the Company and Client and their respective heirs, legal representatives, successors, and assigns. The client may not assign its rights under this Agreement without express written consent from Company.
10. DISCLAIMER:
1. NO GUARANTEES: Results of the Services may vary. The Company makes no guarantees regarding Coach or the Services. The Coach is not an attorney, doctor, public relations or business manager, financial analyst, psychotherapist, tax advisor, or accountant, nor does the Coach hold any license in order to provide the Services to the Client. Client agrees that any statements made by the Company or Coach, whether orally or in writing, including without limitation the expected development of Client’s financial performance, other client testimonials, or expected personal outcomes for Client, are speculative projections and are not binding on the Company. The client is aware of the inherent risk of personal or financial losses associated with the activities related to the Services and understands that any losses incurred by Client following the Effective Dates are the responsibility of Client alone.
2. NOT PROFESSIONAL MEDICAL ADVICE: During the term of this Agreement, the Company will only provide the Services as set forth in Paragraph 3. The Services are not a substitute for professional medical or mental health services, nor are the Services professional therapy. The Services are not intended to treat, diagnose, cure, or prevent any disease. The Company disclaims any obligation to provide Client with medical and/or psychological treatment.
3. NOT LEGAL OR FINANCIAL ADVICE: The Services are not a substitute for professional legal or financial advice. The Company disclaims any obligation to provide Client with legal and/or financial advice.
4. EARNINGS DISCLAIMER: Any information provided by the Company or Coach regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. Client understands that neither the Company nor Coach shall seek to procure or attempt to procure or provide, without limitation, employment, sales, or financial advice to Client.
11. WARRANTIES:
Both the Company and Client warrant that they have full authority to enter into this Agreement. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
12. WHOLE AGREEMENT:
This Agreement constitutes the entire agreement between Client and the Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements
13. MODIFICATION; WAIVER:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by both parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. In order to make the waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
14. SEVERABILITY:
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected and deemed to remain in full force and effect, including those terms that are similar.
15. LIMITED LIABILITY:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL PAYMENT AMOUNT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST INCOME, EMPLOYMENT OR PROFITS OF CLIENT, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS ASSERTED BY THE COMPANY FOR BREACHES BY CLIENT OF PARAGRAPHS 11, 12 AND 13.
16. DISPUTE RESOLUTION; COSTS AND FEES; APPLICABLE LAW/VENUE:
Any dispute arising under this Agreement will be resolved in the State of Maryland, USA by a mediator or arbitrator to be agreed upon by all parties or through an online mediation service that is agreed upon by all parties. The parties agree that their good faith participation in mediation or arbitration is a condition precedent to pursuing any other available legal remedies. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. The parties agree that the venue for any court proceedings arising out of this Agreement shall be in the State of Maryland. The successful party to any dispute resolution arising under this Agreement will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled. By executing the below, Client and the Company enter into this Contract for Services as of the date first set forth above.