GROUP PROGRAMME: CLIENT COACHING AGREEMENT – Brian Pennie,
We are so excited to have you join us and to help you inside of The Programme for Live. We would like to draw your attention to our terms & conditions associated with this programme. This Agreement will outline our professional relationship, responsibilities, obligations, and expectations so that nobody in this relationship is confused or disappointed due to any misunderstanding or miscommunication. We’re looking forward to working together!
AGREEMENT
By participating in The Programme for Life with Brian Pennie (“the Programme”), submitting payment you are agreeing to the following terms:
Please read this Agreement carefully before accessing or using www.brianpennie.com (the “Company”) proprietary materials which include any written, audio, or visual presentations or documents associated with the Program.
If you do not understand or do not accept this agreement, please do not access any of the Company’s proprietary materials and immediately contact us at info@brianpennie.com
This Service Agreement is entered into and effective as of the start date of the programme/purchase date of programme, between you, (“Client”), via agreement of the terms and conditions page (this document + sales page of The Programme)
In consideration of the Client retaining the Company to perform coaching services, it is agreed as follows:
Scope of Services
(a) Programme membership includes the following services:
Access to course content for the period of the programme
Access to Brian Pennie by email (with 48 hour turnaround time) for the period of the programme
The Programme membership services outlined above are referred to as the “Services” or “Programme.”
(b) The Services must be utilized during the duration of your Programme term.
(c) Any additional services provided by Company to the Client may require additional fees to be discussed and agreed upon by the Parties.
(d) 1:1 Sessions. Company may make available additional 1:1 sessions to Client for purchase. These sessions will be billed separately and are governed by this Agreement.
Client Duties
(a) Compensation. In consideration for the Services provided by Company to Client as set forth in Section 1 above, Client agrees to pay the current programme fee at the time of joining as a one lump sum payment. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.
(b) Client understands that Client’s success in the Programme is dependent upon Client’s level of participation in the Services. In order to get the most out of the Programme, Client must also work to implement the tools and strategies learned throughout the Programme and make considerable efforts toward Client’s own development on Client’s own time during the term of the Programme.
Term
(a) The term of this Agreement shall be for the duration of this programme. Upon completion of the term, Client will no longer have access to all Services and the Programme. Client and Company may choose to renew this Agreement for an additional term upon signing of a new contract.
Communication
Communication in our relationship is of the utmost importance. All communication will take place via e-mail (with 48 hour turnaround).
Our contact info is as follows:
E-mail: info@brianpennie.com
All communications will be acknowledged/responded to within 48 hours, not including weekends or holidays.
Cancellations and Refunds
(a) Client may cancel participation in the Programme at any time for any reason by providing written notice to Company. Upon cancellation, access to the Programme and Services will be terminated. However, cancellation of participation and/or this Agreement by Client will not extinguish the Client’s obligation to pay the full programme fee as outlined in Section 2(a). Client will remain obligated to pay all remaining unpaid programme fees in full.
(b) In the event that Client engages in abusive or unprofessional behavior in the Programme, towards representatives of Company or other Programme members, Company reserves the right to cancel Client’s membership and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. Client will remain obligated to pay all remaining unpaid programme fees in full.
(c) Company may decide to terminate the coaching relationship at any time. In the event that Company decides to do so, Company shall release Client from any further financial obligation under the Contract and will provide a prorated refund based on time remaining in the Programme, if Client paid in full. This does not include the circumstances described in Section 5(b).
(d) Client’s failure to effectively participate in the Programme is not grounds for a refund.
(e) Rescheduling. Group sessions/calls will be scheduled by Company. In the event that Client cannot attend a scheduled call, Client may inform Company, however, the call will take place at the scheduled time. Client will receive access to a recording of the call within 72 hours of the call taking place. Client is not entitled to a partial or full refund in the event that Client misses a live call.
In the event that Company cannot host the scheduled call(s) at the previously scheduled time due to illness, travel, or other unexpected circumstances, Company will make a reasonable effort to reschedule the call for a later or earlier date and will notify Client via email.
(f) Refund Policy. Due to the nature of the services, no refunds can be provided. Client understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.
(g) The Programme and Term cannot be paused or placed on hold for any reason without the written authorization of Company.
(h) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
In the event that Section 5(h) applies, Company will be permitted to make a reasonable effort to reschedule calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances.
No Guarantees
(a) We cannot guarantee the outcome of the Services and/or participation in the Programme. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Company cannot guarantee any results of the Services/Programme as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.
(b) From time to time, and upon Client’s request, Company and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third-party and bears no liability with respect to such service or experience.
(c) Affiliate links. Company may provide Client with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third-party and bears no liability with respect to such service or experience.
(d) Technical issues. In the event that the learning materials provided via the online learning platform (Teachable/Google Drive) are inaccessible, Company shall have 72 hours to re-deliver access to Client.
Confidentiality
(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third-parties or used by Company for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third-party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.
(b) Participant Information. Client agrees to keep private any Information, as defined in paragraph 7(a), shared by fellow participants in the Programme (“Participants”). Any Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to publish, disclose, reveal, or make use of any Information or any transactions, during discussions, on the live calls or otherwise. Client agrees not to use such Information in any manner other than in discussion with other Participants during the Programme. Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Information in strictest confidence and shall use the best efforts to safeguard the Information and to protect it against disclosure, misuse, loss, and theft.
Client understands that despite efforts to maintain privacy of an online forum, Company cannot control all parties. You understand that any forum hosted by Company is to be considered a public forum and that all Clients should refrain from sharing confidential or sensitive personal data in any such forum.
(c) Company Information. Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by Company in the Programme. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Programme. Confidential Information shall not include information rightfully obtained from a third-party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.
(d) Non-Disparagement. Client shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about Company’s goods or services.
(e) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Company and/or the other Programme Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations. Any breach of this clause is grounds for immediate removal from the Program.
(f) Client Features. Notwithstanding the above section, Company may choose to feature Client on its website, social media channels, etc. Client agrees to allow Company to share its likeness, achievements, and success, unless otherwise agreed to by the Client. Company agrees to maintain the confidentiality of any and all sensitive and confidential information and to provide Client with a preview of the feature prior to publication on its website. Features which do not name or identify Client directly will not require prior authorization.
Ownership of Intellectual Property
(a) IP Ownership. Client agrees that the Programme contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent.
(b) 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 Programme (including course materials), use of the Programme, or access to the Programme. This Agreement is not transferrable or assignable without the Company’s prior written consent.
(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Program, or any other third-party that Company has not granted access to.
(d) Recordings. All group calls and meetings are recorded by Company. Client may access these recordings via the online forum or other means provided by Company. Client agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. Company reserves all rights in any and all recordings.
Warranties
(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases, or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
Limitation of Liability
(a) In no event shall Company have any liability to Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall Company’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this Section 11 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under paragraphs 7 and 8.
(d) Client understands that the information presented in the Programme is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Programme and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Company does not and will not provide any form of diagnosis.
Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the Parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
Neutral Construction
This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by it or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
Changed Terms
Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both Parties.
Assignment
This Agreement shall be binding on the Parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Brian Pennie – info@brianpennie.com
To Client at Client’s e-mail address provided at the time of purchase.
Any party may change its address(es) for purposes of this Section by giving the other parties written notice of the new address.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.