Congratulations on taking this step for you and your business. Please read these terms and conditions carefully. PARTIES This writing outlines the intended legal relationship between Soulful Lucrative Coaching Inc and or Andre Kotze. Inc depending on the payment processor used. (the “COMPANY”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of any and all Live Coaching Programs from the COMPANY. The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT. All services will be executed and delivered by Myra Kotze or another Certified Master Coaches (the “COACH”) ACCEPTING THESE TERMS Coaching is a partnership, solution-focused, results-oriented and systematic process in which the coach facilitates the enhancement of work performance, self-directed learning and personal and professional development of the CLIENT. Throughout the working relationship, the COACH will engage the CLIENT in direct, personal and often challenging conversation. Successful coaching requires an active, honest and open collaboration between both parties. Coaching is not therapy and thus does not aim to treat psychological or medical problems. COACH shall apply coaching tools and techniques, including but not limited to Neuro-Linguistic Programming (NLP) and Time Line Therapy, the Energetic Breakthrough Metod, and general business systems and practices to facilitate transformation when required. CLIENT agrees to disclose all relevant details of past and present conditions that could impact the coaching relationship. COACH plays the role of the facilitator of change while it is the CLIENT’s responsibility to enact change. RESPONSIBILITIES COACH will: • Be clear with you about the coaching relationship, including any expectations • Be prepared for each coaching session • Maintain complete confidentiality about personal matters, unless CLIENT gives explicit permission to share particular issues with others CLIENT will: • Thoughtfully prepare for each coaching session • Be on time and fully present • Complete all tasks between each coaching session • Be at Cause not Effect, meaning you understand that your actions will dictate your results • Surrender to the process, receive, accept and act on feedback • Be open, not withholding any information and truth that could affect coaching results LOCATION OF COACHING SESSIONS The parties agree that all coaching sessions will be done in-person using the Zoom video conferencing platform or an alternative. Coaching Sessions will be agreed upon and scheduled in advance prior to commencement. All dates and times are in the GMT+7, Bangkok time zone. PAYMENT TERMS AND RESULTS In consideration of your access to this program, you agree to the following: You choose between a single payment or monthly payments. If you select the payment plan, you paid the initial payment today and then your selected payment method will be automatically charged with the following payments monthly, if you paid by invoice or Wise you will need to action payment on the due dates. If you opted for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. Result to be Achieved: This is dependent on the program you purchased. Should the CLIENT do all the work, and learn and implement everything given by the COACH, and the result is not achieved within the timeframe, the COACH will work with the CLIENT until the Result is Achieved. ACCEPTING THESE TERMS As the CLIENT, you are entering into a legally binding agreement with the COMPANY, a Delaware Incorporated Company according to the following terms and conditions, when you do any of the following: - Click “I Agree”
- Email your statement of the agreement
- Enter your credit card information
- Make payment to start the PROGRAM
- Sign this agreement on this page, or reverse
- Enrol electronically in the PROGRAM
- Enrol verbally, or otherwise, in the PROGRAM
COMPANY’S SERVICES This AGREEMENT is executed and valid, when the CLIENT accepts these terms (electronically, verbally, written, and or otherwise). The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT. PARTIES agree that the PROGRAM is in the nature of education, group and individual coaching, and online training. The scope of services provided by COMPANY according to this AGREEMENT is limited to those listed on COMPANY’s website, or as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice. CONFIDENTIALITY The term “Confidential Information” means 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 discussions and interactions with CLIENT, or otherwise, without CLIENT's written consent. COMPANY shall keep the Confidential Information of the CLIENT in the strictest confidence and shall use commercially reasonable efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, loss, and theft. The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures are to be found on the company’s website and also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the CLIENT due to its enrolment in the PROGRAM. NO TRANSFER OF INTELLECTUAL PROPERTY COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her INDIVIDUAL USE ONLY and under a limited single-user license. CLIENT is not authorized to use any of COMPANY’s intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY. COMPANY agrees and allows CLIENT to make one (1) printed physical copy of the provided templates and assets specifically identified as being made available for CLIENT’s personal use. ALL INTELLECTUAL PROPERTY, INCLUDING THE COMPANY’S COPYRIGHTED COURSE MATERIALS, SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE THE COMPANY’S MATERIALS IS GRANTED OR IMPLIED. PROGRAM RULES To the extent that CLIENT interacts with COMPANY staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow program rules is cause for termination of this AGREEMENT. In the event of such a termination, the CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee. DISPARAGEMENT In the event that a dispute arises between the PARTIES or a grievance by the CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is through effective communication to find a resolution between the parties. PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT and will be prosecuted to the full extent of the law. USE OF PROGRAM MATERIALS By accepting this AGREEMENT, CLIENT consents to recordings being made of the PROGRAM. - COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of 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 RESALE OF SERVICES PERMITTED CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, templates, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent. TERMINATION If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of COMPANY’s services. COMPANY is allowed to immediately collect all Fees from CLIENT and stop providing further services to CLIENT. CLIENT agrees to immediately settle and pay in full any and all outstanding fees upon termination. All legal and or collection fees incurred will be for the CLIENT's account. PAYMENT CLIENT agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms: - As agreed during the enrollment conversation
- As outlined on COMPANY’s website,
- Provided through email,
- According to the Payment Schedule and the payment plan selected by CLIENT (the “FEE”), on an order form or
- As otherwise noted in this AGREEMENT.
REFUNDS Upon execution of this AGREEMENT, the CLIENT is responsible for the full Fee. If the CLIENT decides to cancel, not participate or changes his or her mind, the Full Fee is payable immediately. CHARGEBACKS & PAYMENT SECURITY To the extent that CLIENT provides COMPANY with credit card(s) information for payment of Fee on CLIENT’s account, COMPANY is authorized to charge CLIENT’s credit card(s) for any unpaid charges on the dates agreed to in the Payment Schedule. 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 and collection fees associated with the chargeback. CLIENT shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance. When credit cards reach their expiration date, the CLIENT is responsible for updating the card information to enable payments to continue according to the Payment Schedule. CONTROLLING AGREEMENT In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT shall control. ENTIRE AGREEMENT This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is in writing and signed by both PARTIES. LIMITATION OF LIABILITY By using COMPANY’s services and enrolling in the PROGRAM, CLIENT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or her participation in the PROGRAM. The PROGRAM provides educational content, group and individual coaching, and online training. CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM. Regardless of the previous paragraph, the CLIENT is responsible for creating and implementing their own physical, mental and emotional wellbeing, decisions, choices, actions and results. Furthermore, the CLIENT agrees that the COACH or COMPANY is not liable for any actions or inactions, or for any direct or indirect results achieved or not achieved by the CLIENT. CLIENT agrees that the use of COMPANY’s services is at CLIENT’s own risk. INDEMNIFICATION 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. CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM. These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT. Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or wilful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification. DISCLAIMER OF GUARANTEE THE CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS 100% RESPONSIBLE FOR HIS OR HER PROGRESS AND RESULTS FROM THE PROGRAM. THE CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS THE ONE VITAL ELEMENT TO THE PROGRAM’S SUCCESS AND THAT COMPANY CAN NOT CONTROL THE CLIENT. The COMPANY makes no representations or guarantees verbally or in writing regarding the performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet the CLIENT’s requirements or that all CLIENTs will achieve the same results. CHOICE OF LAW/VENUE This AGREEMENT is governed and interpreted in accordance with the laws of the State of Delaware, U.S.A. without giving effect to any principles of conflicts of law. The PARTIES agree to submit any dispute or controversy exceeding US$25,000 arising out of or relating to this AGREEMENT to arbitration in the State of Delaware, City of Middletown according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT. SURVIVABILITY The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to the payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have to survive shall survive the termination of this AGREEMENT for any reason. SEVERABILITY If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT. Signed electronically and agreed to below by the Client:
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