This program comes with a “no refund policy” because I want you to know that everyone in this program is just as dedicated as you to up-leveling their lives. There are no “on-the-fencers” in this community. Because I believe how you do one thing is how you do everything…and this program is only for those who are ready, willing and READY for transformation. If that’s you, then you will absolutely earn your investment back multiple times over.
Jo Hawkins & Co. TERMS OF AGREEMENT
By clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement with Jo Hawkins & Co. (“Company”), according to the following terms and conditions:
COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company 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 Company to Client. Parties agree that the Program is in the nature of 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. The Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
COMPENSATION. Client agrees to compensate Company according to the payment schedule set forth on Company’s website, or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement. The Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
REFUNDS. Upon execution of this Agreement, the Client shall be responsible for the full extent of the Fee. If the client cancels attendance of the Program for any reason whatsoever, the Client will receive no refund.
CHARGEBACKS AND PAYMENT SECURITY. To the extent that the 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 the client uses multiple payment plans 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. The client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. The Client shall not change any of the credit card information provided to the Company without notifying the 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 without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY. The Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. The Client shall not be authorized to use any of the Company’s intellectual property for the Client’s business purposes. The Client shall not be
authorized to share, copy, distribute, or otherwise disseminate any materials received from the 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 the Company’s services and enrolling in the Program, Client releases Company, its 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. The Client accepts any and all risks, foreseeable or non-foreseeable, 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 days 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 from 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. The Client agrees that the use of the Company’s services is at the Client’s own risk.
DISCLAIMER OF GUARANTEE. The Client accepts and agrees that she/he is 100% responsible for her/ his progress and results from the Program. The Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client. The Company makes no representations or guarantees verbally or in writing regarding the performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. The 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 the 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. The 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. The Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. The Company does not provide medical, therapy, or psychotherapy services. The Company is not responsible for any decisions made by the Client as a result of the coaching and any consequences thereof.
TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. The Company shall be allowed to immediately collect all sums from Client and terminate providing further services to the Client. In the event that Client is in
arrears of payments to Company, Client shall be barred from using any of the Company’s services.
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. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during the 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 the 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.
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 hereinbelow. 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.
INDEMNIFICATION. 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, attorneys 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. The Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The 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 without giving effect to any principles of 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, pursuant to the rules of the Arbitration Association, which arbitration
shall be 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 this Agreement.
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. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to the payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survived shall survive the termination of this Agreement for any reason.
SEVERABILITY. If any of the provisions contained in this Agreement, or any part thereof, 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.
OTHER TERMS. Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, 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 or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.