TERMS & CONDITIONS

KAY MGOMEZULU COACHING, LLC

 

ENROLLMENT AGREEMENT

By clicking “I Agree,” you (“Client”) agree to be provided with services by KAY MGOMEZULU COACHING, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):

 

SERVICES

(A) Upon execution of this Agreement, the Company agrees to render services related to education by means of seminar, consulting, coaching and/or business coaching (the “Program”).

(B) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.

(C) Parties agree that the Program is in the nature of coaching and education.

(D) Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by prevailing circumstances.

 

FEES

(A) Client agrees to pay fees to the Company according to (i) the payment schedule set forth on Company’s website, or otherwise provided to Client, and (ii) the payment plan selected by Client (the “Fee”).

(B) If Client is based in Europe, Client shall pay all taxes associated with provided Company products and/or services including VAT (value-added tax or goods and services tax). The bill will reflect any such tax.

 

REFUNDS

(A) Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.

(B) If client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund.

(C) If Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged, then a refund of only that portion of the Program will be issued to Client.

 

CHARGEBACKS AND PAYMENT SECURITY

(A) To the extent that Client provides Company with credit card 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 agreed.

(B) Client shall not make any chargebacks or cancel its credit card payments without first speaking to Company.

(C) Client is responsible for any fees associated with recouping payment with regard to any chargeback initiated by Client and any chargeback fees associated therewith.

(D) Client shall be responsible to keep credit card information up-to-date on Client’s account. Client must not give out its password to Client’s account to anyone.

 

NO RESALE OF SERVICES PERMITTED 

(A) 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.

(B) This agreement is not transferrable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

(A) Company’s copyrighted and original materials shall be provided to Client for his/her individual use only.

(B) Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation, the Company’s copyrighted and original materials, for Client’s business purposes.

(C) Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials and education received from Company electronically or otherwise without the prior written consent of the Company.

(D) All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company.

(E) No right to sell or distribute Company’s materials is granted or implied by the payment of any fees.

 

LIMITATION OF LIABILITY

(A) By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to Client.

(B) Client agrees that he/she accepts any and all risks, foreseeable or nonforeseeable, arising from Company services.

(C) In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:

(i) total fees Client paid to Company in one month prior to the action giving rise to the liability; and

(ii) $1000.

(D) All claims against Company must be lodged within 30 days of the date of the cause of action arising or otherwise the right of action is forfeited.

(E) Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services 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.

(F) Client agrees that he/she uses Company’s services at Client’s own risk.

 

DISCLAIMER OF GUARANTEE

(A) Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program.

(B) Client accepts and agrees that Company cannot control the Client’s responses to the provision of the services under this Agreement.

(C) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.

(D) Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.

(E) Company makes no guarantee that the Program will meet Client’s requirements or that all clients will achieve the same or similar results.

 

COURSE RULES

(A) To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.

(B) Client agrees to abide by any Course rules and/or regulations presented by Company.

(C) The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.

(D) In the event of such termination, Client shall not be entitled to refund of any amount paid and shall remain responsible for any outstanding amount of the Fee.

 

MODEL RELEASE

(A) Client consents to recordings (video, audio, photo) made of courses and the Program attended by Client.

(B) 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 to further other goods/services provided by Company, without compensation to the Client.

(C) Client consents to his/her name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and to further other goods/services provided by Company, without compensation to the Client or need for further agreement by Client.

 

NO SUBSTITUTE OF MEDICAL TREATMENT

(A) Client agrees to be mindful of his/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.

(B) Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.

(C) Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

 

TERMINATION

(A) In the event that Client is in arrears of payment or otherwise in default of this Agreement, (i) all payments due hereunder shall be immediately due and payable, and (ii) Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.

(B) Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.

 

CONFIDENTIALITY

(A) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.

(B) Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, a coaching session, or otherwise, without a written consent of Client.

(C) Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

 

DISPUTES

(A) In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.

(B) 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.

 

INDEMNIFICATION

(A) Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense 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 service(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, employees, subcontractors and successors.

(B) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.

(C) Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

 

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.

 

GOVERNING LAW

(A) This Agreement shall be governed by and construed in accordance with the laws of the state of Virginia, USA without giving effect to any principles or conflicts of law.

(B) The parties hereto agree that any dispute which may arise between them arising out of or in connection with this Agreement shall be adjudicated before a court located in Fairfax County, Virginia and they hereby submit to the exclusive jurisdiction of the federal and state courts of the State of Virginia located in Fairfax County with respect to any action or legal proceeding commenced by any party.

(C) The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.

 

 

ENTIRE AGREEMENT

(A) 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.

(B) This Agreement may be modified only by an instrument in writing duly executed by both parties.

 

SURVIVAL

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survived, shall survive the termination, for any reason, of this Agreement.

 

SEVERABILITY

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, 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.

Iagree