Agreement: This is a binding agreement between the purchaser (herein referred to as “Client”) and Tom Bartley and Staci Bartley and Lease On Love (herein referred to as “Tom,” “Staci,” and/or “Company” (collectively, the “Parties”), in consideration of the mutual promises made herein.
WHEREAS, Company provides training and consultation in the areas relationship coaching and guidance,
WHEREAS, Client wishes to retain Company on the terms and conditions set forth herein to provide such services,
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
Company agrees to provide services of Samba by Lease On Love (herein referred to as the “Samba”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in Samba.
Client understands Tom, Staci, and any other person associated with the Company are not employees, agents, lawyers, nutritionists, doctors, managers, therapists, business managers, financial analysts, psychotherapists or accountants. Client understands their participation in the Course will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that Company has not promised, shall not be obligated to and will not act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy.
Client elects to pay in full the total price of this product is $97.00.
METHODS OF PAYMENT
Regardless of choice of fee arrangement, Client authorizes the Company to charge Client’s credit card or debit card on file.
Client is responsible for full payment of fees for the entire $97. Client may receive a prorated based on the Month of the year they request the refund.
The Company respects Client’s privacy and insists that Client respect the privacy of the Company and other participants of the Course (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any information shared by Samba Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it and/or to the Company. The Parties agree not to disclose, reveal or make use of any confidential information revealed during discussions, during group coaching calls, from the private Facebook group or otherwise.
Client agrees not to use confidential information in any manner other than in discussion with the Company or with other Participants of Samba. 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.
The Parties will keep confidential information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft.
Client agrees violation or display of any likelihood of violation of this section entitles the Company and/or the Participants to injunctive relief to prohibit any such violations, and/or any other legally obtainable relief.
NON-DISCLOSURE OF COACHING MATERIALS
Material given to Client in the course of Client’s participation in the Course is proprietary and developed specifically for the Course. Intellectual property, including trademarks, trade secrets, and copyrights are owned solely by the Company, and use of Course material does not grant Client any license or permission to use said material outside of the Course. Client agrees that such proprietary material is solely for Client’s own personal use associated with the Course. Client agrees not to make use of Course for commercial or any other purposes in any manner. Any disclosure to a third party, copying or republishing any portion of this Course or its contents is strictly prohibited and constitutes infringement.
NO TRANSFER OF INTELLECTUAL PROPERTY
Samba by Lease On Love is protected by copyright, trademark, trade secret, and other intellectual property. Original materials that have been provided to Client are for Client's individual use only and a single-user license in connection with the Course. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company's Course and/or Program materials, shall remain the sole property of the Company. No license to sell, distribute, or otherwise use Company's materials outside of the bounds of this Agreement is granted or implied.
Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company and/or Participant who shared the confidential information, (3) not to disclose Course information to any other person or use it in any manner other than in discussion with the Company.
Client agrees that if Client violates, or displays any likelihood of violating, any of the sections contained in this Agreement, the Company will be entitled to injunctive relief among other legal remedies.
Client accepts and agrees that Client is 100% responsible for their progress and results from Samba. The Company will help and guide Client, however, participation is a vital element to the Samba's success that relies solely on Client. Company makes no representations, warranties or guarantees regarding Client’s performance. Client understands that because of the nature of Samba, results may vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in Samba.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship between Client and Company. Each Party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall either Party be deemed an employee of the other Party by virtue of participation in Samba.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, 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.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
1) LIMITATION OF LIABILITY. Client agrees they are using Company’s services at their own risk and that Samba is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the Parties. Client accepts any and all risks, foreseeable or unforeseeable.
Company will not be held liable for any damages arising from Samba, 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 Samba.
2) NON-DISPARAGEMENT. The Parties agree that they will not engage in any conduct with any third party, public or private, designed to disparage the other.
4) TERMINATION. Company is committed to providing all clients in Samba with a positive experience. Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in Samba without refund or forgiveness of monthly payments if Client become disruptive, or upon violation of the terms. Client will still be liable to pay the total contract amount.
5) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company and Company’s agents, 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 may incur or become obligated to pay arising out of 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. Client 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.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the Parties, Client agrees to attempt resolution by mediation at Client’s cost. Company will provide Client a list of not less than three California mediators to choose from. All claims against Company must be lodged within 100 days of the date of the first claim or otherwise be forfeited forever. The Parties shall cooperate to ensure that the mediation process is completed within ninety (90) days, or as determined by the agreed-upon mediator. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all costs associated with collection, including attorney fees.
This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both Parties in duplicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The Parties hereto have caused this Agreement to be executed and delivered as of the date first above written.