Please read these Terms and Conditions carefully for Lara Jezeph Coaching Business before entering into a service. (www.larajezeph.com).
In providing the Services, Coach will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open-minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Coach is not an employment agent, business manager, financial analyst or psychotherapist.
This Agreement falls under English Law, all legal entities for claims regarding this agreement will fall under this jurisdiction.
- Compensation (if applicable)
Client agrees to compensate Coach according to the payment schedule set forth on EXHIBIT B. The parties hereto agree that Client’s failure to make or permit payments as set forth on EXHIBIT B will cause irreparable harm to Coach for which damages would be difficult, if not impossible, to measure, including expenses incurred in connection with losses resulting from any delay. Accordingly, as liquidated damages for losses reasonably expected to be incurred (and not as a penalty) Coach shall charge a 5% (five-percent) late penalty to all balances that are not paid when due.
Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates, set forth in EXHIBIT B (as modified pursuant to the terms of this agreement). If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund unless Coach agrees that extenuating circumstances are applicable, however this allowance is entirely at the Coach’s discretion.
- Chargebacks and Payment Security.
To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be able to charge Client’s credit card(s) for any unpaid charges. If Client uses a monthly payment plan (see EXHIBIT B) to make payments to Coach, Coach shall be authorised to make all charges at the time they are due and is not required to seek separate authorisation to do so. Client hereby agrees not to make any chargebacks to Coach’s account. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Coach’s collection of payment hereunder.
- Failed Payments.
In the event Client fails to make any of the payments within the time prescribed, the Coach has the right to immediately cease all work until payment in full is paid. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 10% per month.
- No Distribution of Services.
Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any commercial purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third party access to the Services or any other goods and services provided in connection therewith (including course materials).
- Confidentiality / Data Protection Act
- The Coach will keep the Client’s information private and confidential, and will not share the Client’s information to any third party unless compelled to by law.
- The Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity.
- Client will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name.
- Good Faith.
Each party hereto represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
- Agreement between Coach and Client.
Client agrees to not withhold any information necessary for Coach to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services.
- Disclaimer of Guarantee.
- Client accepts and agrees that client is 100% responsible for client’s progress and results from the Services. Client accepts and agrees that client is the one vital element to success and that Coach cannot control Client. Coach makes no guarantee or warranty that the program will meet Client’s requirements or that all Clients will achieve the same results.
- The Services (as defined herein) and all other goods and services provided by Coach herein are provided on an “as is” basis without warranties of any kind, either express or implied. Coach disclaims all warranties, express or implied, arising by law or otherwise, with respect the Services (as defined herein) or any other goods and services provided by, through or on behalf of Coach under this agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement and any implied warranty arising from course of performance, course of dealing or usage of trade.
Personal Responsibility and Release of Health Care Related Claims.
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program.
The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.
- Limitation of Liability.
- By using Coach to provide the Services, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions and Client’s use of the Services (as defined herein). In no event will the aggregate liability of Coach with regard to this Agreement, the Services (as defined herein), or any other goods or services provided or failed to be provided under this agreement exceed the compensation paid by Client to Coach under this agreement. All claims against Coach must be lodged with the entity having jurisdiction within 100 calendar days of the date of the events first giving rise to the claim or otherwise be forfeited forever.
- Coach shall not be liable for any indirect, consequential, special or exemplary damages (including, without limitation, damages for any loss of profit, revenue, data, business or use) even if such party has been advised of the possibility of such damages.
- In the event that Client is in arrears of payment or otherwise in default of this agreement, all payments due hereunder for Services and other goods and services provided or to be provided by Coach to Client shall immediately become due and payable. Coach shall be allowed to immediately collect all such sums from Client and, at Coach’s option, terminate providing further services to Client and/or this agreement. In the event that Client is in arrears of payments to Coach, Client shall be barred from using any of Coach’s services. In addition, Coach may, at any time and with due cause, terminate this agreement, at which time any and all amounts representing Services and other goods and services actually provided by Coach to Client shall immediately become due and payable.
Client shall defend, indemnify, and hold harmless Coach and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities 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 Services and other goods and services in connection herewith. Client hereby agrees that Coach’s employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Coach.
- Contract Amendment
Any modification or amendment of any provision of this agreement will be effective only if in writing and signed by duly authorised representatives of the parties hereto. None of the provisions of this agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorised representative of such party. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.
- This agreement contains the complete understanding and agreement of the parties hereto and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein. This agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument. Delivery of an executed signature page by any electronic means (including via any electronic or digital signature) shall be deemed effective as delivery of a validly binding original signature hereto.
- All exhibits attached to this agreement will be deemed a part of this agreement and incorporated herein by reference. The term “agreement” refers to this Service Agreement and all of the exhibits attached hereto.
- Each party represents and warrants that, on the date first written above, they are authorised to enter into this Agreement.