ENROLLMENT AGREEMENT
By entering your credit card information or otherwise enrolling, electronically, verbally, or otherwise, in the course, you are entering into a legally binding agreement with The Alpha Female Alliance, according to the following terms and conditions:
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1. COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, 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 like coaching and education. The scope of services rendered by the Company under 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 the Client if the need arises.
2. COMPENSATION. Client agrees to compensate Company according to the payment schedule set forth on Company’s website and the payment plan selected by Client (the “Fee”). Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
3. REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If the client cancels attendance to the Program for any reason, the Client will receive no refund.
4. CHARGEBACKS AND PAYMENT SECURITY. To the extent that 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 a multiple-payment plan 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. 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. The client is responsible for any fees associated with recouping payment on chargebacks and any associated collection fees. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
5. 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 to the Company without the Company’s prior written consent.
6. NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the Company's prior written consent. 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.
7. LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, the Client releases the 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.
By using Company’s services and enrolling in the Program, the Client releases the Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Regardless of the previous paragraph, if the Company is found to be liable, Company’s liability to the 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 the 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 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. Client agrees that using Company’s services is at Client’s own risk.
8. 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 the Client. The Company makes no representations or guarantees verbally or in writing regarding the performance of this Agreement other than those specifically enumerated herein. The 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 the Client’s requirements or that all clients will achieve the same results.
9. 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. 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.
10. 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, marketing materials, and other goods/services provided by Company, without compensation to the Client.
11. 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.
12. 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. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
13. CONFIDENTIALITY. The term “Confidential Information” shall mean information that 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 a discussion with Client, the coaching session with Company, or otherwise, without Client's written consent. Company shall keep the Confidential Information of the Client in the strictest confidence. It shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
14. NON-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 shall be in the venue set forth herein below. 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.
15. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expenses whatsoever - including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s 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) excludes, however, any such expenses and liabilities resulting from a breach of this Agreement or sole negligence or willful misconduct by the 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. 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.
16. CONTROLLING AGREEMENT. In the event of any conflict between the provisions in this Contract and any marketing materials used by the Company, the Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
17. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the state of New Jersey without giving effect to any principles or 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 of New Jersey, Mercer County, pursuant to the rules of the American 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.
18. 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.
19. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to the payment of sums owed outlined 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.
20. SEVERABILITY. Suppose any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable. In that case, 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.
21. OTHER TERMS. Upon execution by clicking “I agree,” the Parties agree
that the terms of THIS AGREEMENT shall bind any individual, associate, and/or assign. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.