THE AUTOMATIC NETWORKING SOLUTION
TERMS AND CONDITIONS
This Automatic Networking System TERMS AND CONDITIONS AGREEMENT (the “Agreement”) entered into on this day of enrollment, (hereinafter “Effective Date”), by and between “Participant” as named below, and Kaufman Services, LLC, having its principal place of business located at 9800 Hillwood Parkway, Suite #140, Fort Worth, Texas 76177, (hereinafter “the Company”), each is sometimes referred to as a ‘Party’, or jointly as ‘Parties’ and agree to enter into this legally binding agreement, (hereinafter the “Agreement”).
RECITALS
WHEREAS, the purpose of business coaching is to develop and implement strategies to help Participant reach personally identified goals so that Participant experiences optimal results in their business.
WHEREAS, the Company’s program is the Level Up+ Program utilizes holistic, strategic planning, business expertise, values, clarification, and other coaching techniques and modalities to help Participant reach their desired results.
WHEREAS, Participant seeks the Company’s coaching services and the Level Up+ Program to address specific goals for Participant’s business that Participant desires.
NOW THEREFORE, for valuable consideration and in consideration of the mutual promises contained herein and in consideration of the disclosure of such information by each Party, the Parties agree as follows:
AGREEMENT
ARTICLE 1. SERVICES
1.1 Upon execution of this Agreement, the Company agrees to render services related to Business Coaching and the Level Up+ Program (hereinafter the “Program”).
1.2 The terms of this Agreement shall be binding for any further goods/services supplied by the Company to Participant in the field of Business Coaching.
1.3 The Parties agree that the Program is in the nature of coaching, mindset work, business strategy, and education.
1.4 The scope of services rendered by the Company pursuant to this Agreement shall be solely limited to those contained therein, and as shall be determined by the Company from time to time.
1.5 The Company reserves the right to substitute services equal to or comparable to the Program for Participant if reasonably required by any prevailing circumstances as so solely determined by the Company.
ARTICLE 2. THE PROGRAM
2.1 Specifically, Participant is agreeing to and signing up for the Program, which includes, but is not limited to:
- Access to the Program’s Training Videos for the Lifetime of the Program
- Access to the Program’s curriculum and action plans through Member’s Portal for the Lifetime of the Program
- Accompanying Templates, Worksheets, Audio, Transcripts, and Samples for the Lifetime of the Program
ARTICLE 3. ACKNOWLEDGEMENTS
3.1 Participant acknowledges and agrees to enroll in the Program so that Participant can obtain information and guidance about business utilizing an approach that is for business coaching. Participant understands that all comments, ideas, suggestions, and protocols offered by the Company are solely for the purpose of aiding Participant in achieving Participant’s defined business goals.
3.2 Participant acknowledges and agrees the Company is not a financial advisor, accountant, or an attorney, and the scope of coaching services do not include legal, accounting, or business analyst advice. Participant acknowledges and agrees, and it is advised to consult with its own attorney, accountant, or financial advisor for any and all questions and concerns Participant has had regarding Participant’s income, taxes pertaining to Participant’s specific financial and/or legal situation. Participant further agrees that the Company is not responsible for Participant’s income and earnings, the success or failure of Participant’s business, the decisions Participant makes or does not make, the increase or decrease of finances or income level, or any other result of any kind that Participant may have as a result of the coaching presented to Participant through the Program.
3.3 Participant acknowledges they are personally responsible for all of their choices, actions, and results. Participant acknowledges they alone are fully responsible for the consequences of their use, non-actions, or non-use, of any information provided through the Program. Participant acknowledges and agrees that they will take full ownership and responsibility to use their own judgment and due diligence before implementing any idea, suggestion or recommendation from the Company and applying it to their business.
3.4 Participant acknowledges and agrees that their success is 100% their own responsibility and depends wholeheartedly on their own effort, commitment, and dedication. Participant understands that results are different for each individual. Each individual’s results depend on the individual’s unique background, dedication, desire, motivation, actions, and numerous other factors. Therefore, Participant acknowledges and agrees that the Company cannot predict that Participant will attain a particular result; however, if Participant shows up fully to the Program and is a Member in Good Standing as set forth herein and applies all of the Program’s instructions, past experience of other participants in this program has shown that Participant will likely achieve its desired result. Participant acknowledges and agrees that the results are entirely up to Participant.
3.5 Participant acknowledges and agrees that the Company is not responsible for Participant’s earnings, the success or failure of Participant’s personal or business decisions, the increase or decrease of Participant’s finances or income level, or any other result of any kind that Participant may have as a result of working with the Company and the Program. Participant alone is solely responsible for Participant’s results including, but not limited to, financial results.
3.6 Subject to the terms and conditions provided in this Agreement, Participant acknowledges and agrees to use Participant’s best efforts in completing the Program, reaching, or exceeding its desired goals for the Program, and remain a Member in Good Standing as set forth herein.
ARTICLE 4. COMMUNITY STANDARDS
4.1 Participant recognizes the Company endeavors to build a professional community for the Program and maintaining an awesome community with high-level and world-class standards is very important to the Company for the sake of all involved. In the event if there are any issues with unruly or unacceptable behavior from Participant in the Program, as deemed and defined solely by the Company as community standards, the Company will work with Participant to resolve conflict to the extent that the protection of the integrity of the Program and its community experience is not at stake, as determined and at the discretion of the Company. Therefore, Participant can be ejected from the Program at any time, including full cancelation of enrollment and participation in the Program, without refund, and without warning. In the event Participant is removed from the Program for violation of the Program’s community standards, Participant will still be responsible for the Program’s full fee.
ARTICLE 5. MEMBER IN GOOD STANDING
5.1 In order for Participant to remain in the Program and to receive the Program’s full benefits, Participant must at all times be a Member in Good Standing, as defined and determined solely by the Company. As a Member in Good Standing, you are (but not limited to): (i) participating well in the Program, (ii) 100% showing up and doing the work of the Program including, but not limited to, watching ALL training videos in the full curriculum, staying on track with program schedule including starting program on start date as committed during the enrollment process, implementing the Level Tasks and Action Plans, engaging fully in the support model by submitting one thoughtful question per week to the Office Hours, attending the Office Hours, participating in the Certified High Performance Coaching™ classes, posting one thoughtful question per week to the Facebook Group, attending your Orientation Call, sharing your wins and progress along the way with the community in the Facebook Group, being a positive and supportive member in the community, and (iii) have no conflicts or grievances with other Company team members or community members of the Program requiring intervention by the Company. If an intervention is implemented, or the above Member In Good Standing standards are not maintained, Participant may, at the discretion of the Company, lose its status as a Member in Good Standing, which may, or may not be reinstated at the sole discretion of the Company. Being a Member in Good Standing may be required for consideration for inclusion in future offers and certain aspects of the Program’s experience. Loss of your status as a Member in Good Standing may or may not result in further actions taken as solely determined by the Company, and any action taken could result in limited access to certain features of the Program’s experience.
5.2 To remain a Member in Good Standing, Participant is in general expected to be kind, be respectful of others, and use reasonable communication following appropriate and approved communication channels, as defined by the Company and as laid out in the Program, when issues arise. The Company has provided many means of support throughout the Program, and should Participant have any issues, Participant is invited to email [email protected] with any specific concerns if Participant feels the support system of the Program is not adequately addressing Participant’s issue.
ARTICLE 6. TERM
6.1 The Term of this Agreement will commence upon the Effective Date of the Agreement, the Participant’s execution of this Agreement, and at least the first payment of the applicable Program Fee. Participant agrees and understands that upon commencement of the Term of this Agreement, Participant will become enrolled in the Signature Program Agreement and this Agreement will remain in effect for the duration of the Program fulfillment per the terms herein.
ARTICLE 7. FEES
7.1 Participant agrees to pay fees to the Company according to the payment schedule set forth herein, and the payment plan selected by Participant (the “Fee”).
7.2 The total standard Fee for the Program is USD $495 By accepting the terms of this Agreement, Participant agrees and understands that Participant is committing to pay the Company either:
- A one-time lump sum of USD $495; or
- A payment plan as provided by the Company.
7.3 The full payment of $495.00 is due upon execution of this Agreement. Or if Participant elects the payment plan option, the first payment is due at the execution of this Agreement, and each subsequent payment shall be made 30 days thereafter until the full Fee is collected and will automatically be debited from Participant’s credit or debit card left on file with the Company.
7.4 The initial payment shall be made either via credit or debit card authorization, and all subsequent payments will be debited monthly with the credit card left on file with the Company.
7.5 Company shall charge a 15% late fee on all outstanding balances not paid by the date or dates as agreed between the parties in this Agreement.
7.6 If Participant is on the payment plan and wants to pay the Program Fee in Full, Participant may do so up to 7 days before the second payment is due. After the second installment payment is due, Participant will not be permitted to use the pay in full option without paying the additional fees included in the payment plan option.
ARTICLE 8. REFUNDS
8.1 The Company abides by a strict, no refund policy. By accepting the terms of this Agreement, Participant agrees and understands that they are aware of the Company’s no refund policy. Participant further acknowledges that in accepting the terms of this Agreement and affirmatively seeking the benefits of the Program, Participant is taking full responsibility for their own success.
8.2 If Participant cancels attendance at, or participation in, the Program for any reason whatsoever, Participant will not be entitled to receive a refund and still be responsible for the FULL FEE of the Program.
ARTICLE 9. THE ACTION-TAKER GUARANTEE
9.1 The program is non-refundable. However, the Company is certain that the system it teaches in the Program has produced results repeatedly for past participants of the Program. As such, if Participant watches the videos in the program, and produces at least one full page of notes, and deems that the program has not added value to the Participant’s business strategy, the Participant may email [email protected] to request a full refund.
ARTICLE 10. CHARGEBACKS AND PAYMENT SECURITY
10.1 To the extent that Participant provides the Company with credit card(s) information for payment on Participant’s’s account, the Company shall be authorized to charge Participant’s credit card(s) for any unpaid charges on the dates agreed.
10.2 If Participant uses the multiple-payment plan to make payments to the Company, the Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Participant shall not make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent.
10.3 Participant is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Participant shall not change any of the credit card information provided to the Company without notifying the Company in advance, and such change or amendment is a direct and material breach of this Agreement.
ARTICLE 11. NO RESALE OF SERVICES PERMITTED
11.1 Participant 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 any program materials giving to Participant by the Company.
11.2 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.
ARTICLE 12. NO TRANSFER OF INTELLECTUAL PROPERTY
12.1 The Company’s copyrighted and original materials shall be provided to the Participant for his/her individual use only and with a single-user, non-transferable, revocable license.
12.2 Participant 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 Participant’s business purposes, unless given written permission by the Company to do so.
12.3 Participant shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from the Company electronically or otherwise without the prior written consent of the Company.
12.4 All intellectual property, including the Company’s copyrighted course materials, shall remain the sole property of the Company.
12.5 No license to sell or distribute the Company’s materials is granted or implied by the enrollment or by the payment of any fees.
ARTICLE 13. LIMITATION OF LIABILITY
13.1 By enrolling in the Program and using the Company’s services, Participant releases the Company, its officers, employees, directors, affiliates, and related entities from any and all damages that may result from the provision of the services to the Participant.
13.2 The Program is an educational/coaching service only.
13.3 Participant agrees that he/she accepts any and all risks, foreseeable or nonforeseeable, arising from such services.
13.4 In any event, if the Company is found to be liable, the Company’s liability to Participant or to any third party is limited to the lesser of:
- The total fees Participant paid to the Company in the one month prior to the action giving rise to the liability; or
- USD $1997.00.
13.5 All claims against the Company must be lodged within 60 days of the date of the cause of action arising or otherwise the right of action is forfeited.
13.6 Participant agrees that the 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.
13.7 Participant agrees that she/he uses the Company’s services at Participant’s own risk, and hereby releases the Company and its agents from any claims, demands, and causes of action as a result of Participant’s own voluntary participation and enrollment in the Company’s Program.
13.8 Participant further agrees to release the Company and its agents from any liability now or in the future for conditions that Participant may obtain. These conditions may include, but are not limited to diagnosed or perceived, allergies, heart attacks, strokes, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, injuries to knees or other joints of the body, injuries to back, injuries to a foot, heat prostration, mental health, trauma, infection, or any other illness or soreness that participant may incur, including death.
ARTICLE 14. COACHING RULES
14.1 To the extent that Participant interacts with the Company staff and/or other members of the Program’s community, Participant agrees to behave, at all times, courteously and respectfully.
14.2 Participant agrees to abide by any coaching rules and/or regulations presented by the Company for Participant’s benefit as defined solely by the Company.
14.3 The failure to abide by rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by the Company, expulsion from the Program and the Program’s Community.
14.4 In the event of such termination, Participant shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Program Fee.
ARTICLE 15. USE OF COURSE MATERIALS
15.1 Participant consents to recordings and video for instructional use being made throughout the coaching program.
15.2 The Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Participant 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 Participant or permission from Participant.
15.3 Participant consents to his/her name, voice, testimonial, photo, and likeness being used by the Company for future lecture, teaching, and marketing materials, and further other goods/services provided by the Company, without compensation to the Participant or need for further agreement by Participant for permission from the Participant.
ARTICLE 16. NO SUBSTITUTE OF MEDICAL TREATMENT
16.1 Participant agrees to be mindful of his/her own health and well-being during the provision of any services and to seek appropriate medical treatment, if needed.
16.2 The Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.
16.3 Company is not responsible for any decisions made by Participants as a result of the coaching and any consequences thereof.
ARTICLE 17. TERMINATION
17.1 In the event that Participant is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable.
17.2 The Company shall be allowed to immediately collect all sums due from Participant and to terminate this Agreement without providing further services to Participant.
17.3 In the event that Participant is in arrears of payments to the Company, Participant shall not be permitted to use or receive any of Company’s services or to participate in any Program, paid program or otherwise, as determined solely in the Company’s discretion.
ARTICLE 18. CONFIDENTIALITY
18.1 The term “Confidential Information” shall mean information, which is not generally known to the public relating to the Company’s business or personal affairs and information obtained through participation in the Program.
18.2 Participant agrees not to disclose, reveal, or make use of any Confidential Information of the Company, during discussion with Participant, the coaching session with Company, or otherwise, without the written consent of the Company.
18.3 The Company shall keep the Confidential Information of the Participant in strictest confidence and shall use its best efforts to safeguard the Participant’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
18.4 In order to honor and protect the Company’s intellectual properties, Participant expressly agrees not to disclose or communicate any proprietary information about the Company’s practice, materials, or methods, or teaching applications, or disparage the Company to any third parties or media outlets, including social media.
18.5 Both Participant and the Company agree to be bound by this mutual nondisclosure agreement during and after the termination of the coaching relationship between Participant and the Company.
ARTICLE 19. DISPUTES
19.1 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.
19.2 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.
ARTICLE 20. INDEMNIFICATION
20.1 It is hereby agreed that Participant shall defend, indemnify, and hold harmless the Company, its 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 the Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.
20.2 Participant shall defend Company in any legal actions or the like arising from or related to this Agreement where such action is brought by a third party for or on behalf of Participant.
20.3 Participant 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.
ARTICLE 21. CONTROLLING AGREEMENT
21.1 In the event of any conflict between the provisions contained in this Agreement and any materials used by the Company, the Company’s representatives, or employees, the provisions of this Agreement shall prevail.
ARTICLE 22. CHOICE OF LAW
22.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, Tarrant County, Texas without giving effect to any principles or conflicts of law.
22.2 Subject to clause above, the Parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement in the State of Texas, Tarrant County.
22.3 The prevailing party shall be entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
ARTICLE 23. ARBITRATION
23.1 At the Company’s discretion, Company may require Participant to submit any disputes arising from this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Fort Worth, Texas, Tarrant County, under the Rules of Arbitration of the American Arbitration Association by one or more arbitrators appointed in accordance with the said Rules applying Texas State law.
ARTICLE 24. ENTIRE AGREEMENT
24.1 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.
24.2 This Agreement may be modified only by an instrument in writing duly executed by both parties.
ARTICLE 25. SURVIVAL
25.1 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 survive, shall survive the termination, for any reason, of this Agreement.
ARTICLE 26. SEVERABILITY
26.1 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.
ARTICLE 27. MISCELLANEOUS
27.1 Upon execution by signing below, the Parties agree that any individual, associate, and/or assignee shall be bound by the terms of this Agreement.
27.2 A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
27.3 Neither Party shall be responsible for any failure to comply with any of the terms of this Agreement where such failure is directly or indirectly caused by or results from events of Force Majeure beyond the reasonable control of the Party. These events shall include, but not be limited to, fire, flood, earthquake, accident, civil disturbances, war, rationing, embargoes, strikes or labor problems, delays in transportation, acts of God or acts of government, pandemics and lockdowns affecting one’s movement or access to electronics. A Party shall immediately advise the other of any actual or anticipated delay in the performance of its obligations under this Agreement as a result of a Force Majeure event and shall provide particulars on the cause and expected duration of the delay.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties have caused this Agreement to be executed on the Effective Date.
SIGNATURES
BY PURCHASING THIS PROGRAM, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT UNDERSTANDS AND AGREES TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING BUT NOT LIMITED THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING AND DEBITS, STRICT NO REFUND POLICY, COMMUNITY STANDARDS, MEMBER IN GOOD STANDING, DISCLAIMERS, WAIVERS, INTELLECTUAL PROPERTY, AND CONFIDENTIALITY.
KAUFMAN SERVICES, LLC.
Amanda Kaufman
President and CEO