1. TERMS OF ENGAGEMENT
a) You are engaging me as a success and business coach to provide coaching services
(Services) to your business on the terms of this agreement.
b) Since I only provide coaching to businesses and to individuals in the context of their
business or profession, consumer protection legislation does not apply to this
agreement.
c) All coaching services and communication, email or otherwise, delivered by myself,
, as well as information on this website (samueljohnson.in) are meant
Samuel Johnson to help you identify the areas in your business and in your thinking that may be
preventing your business from moving forward.
d) The term ‘coaching’ as here used covers life coaching, personal coaching, executive
coaching and business coaching for clients.
2. SERVICES
a) Upon execution of this Agreement, electronically, verbally, or otherwise,
the Company agrees to render services related to business by means of
seminar, consulting, coaching, and/or business-coaching (the “Program”).
b) Your coaching session will be a mix of online sessions, in person meets
as well as a class session, depending on the program you have enrolled
into. These sessions will be designed based on the progress you have
made in the duration of your service for the purpose of getting coached.
c) Where Sessions are held in third party venues, you agree to comply at
all times with such venue’s policies and rules in relation to the venue
(particularly fire safety and health and safety rules). You will be required
to leave the venue if you do not comply with their policies and rules
(and I shall not be obliged to refund you any amounts paid in relation to
such Session).
d) You are responsible for your own belongings that you take to a Session
and neither I nor any third party venue will be liable for any loss,
damage, theft or destruction of any of your belongings.
e) You agree to reimburse me in full and indemnify me against any claim
from any third party (and associated costs and expenses (including
professional fees)) arising out of your actions or inactions while at a third
party venue.
f) The terms of this Agreement shall be binding for any further goods/services
supplied by Company to Client.
g) Parties agree that the Program is in the nature of coaching and education.
h) The scope of services rendered by Company pursuant to this contract shall
be solely limited to those contained therein and provided for on Company’s
website as part of the Program.
i) Company reserves the right to substitute services equal to or comparable
to the Program for Client if reasonably required by the prevailing
circumstances.
3. FEES
Client agrees to pay fees to the Company according to the payment
schedule set forth on Company’s website, or otherwise provided to
Client, and the payment plan selected by Client (the “Fee”).
4. REFUND POLICY
a. Upon execution of this agreement, you shall be responsible for the full
extent of the Fee specified during the enrollment of the program. If the
client cancels attendance at the Programme or any Session, including
in-person Intensive sessions, for any reason whatsoever, Client will not
be entitled to receive a refund either a full or partial ,whatsoever.
5. 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.
6. No Transfer of Intellectual Property
1. Company’s copyrighted and original materials shall be provided to the
Client for his/her individual use only and with a single-user, non-
transferable, revocable license.
2. 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.
3. Client shall not be authorized to share, copy, distribute, or otherwise
disseminate any materials received from Company electronically or
otherwise without the prior written consent of the Company.
4. All intellectual property, including Company’s copyrighted course
materials, shall remain the sole property of the Company.
5. No license to sell or distribute Company’s materials is granted or
implied by the enrollment or by the payment of any fees.
7. Limitation of Liability
1. 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 the Client.
2. The Program is an educational/coaching service only.
3. Client agrees that he/she accepts any and all risks, foreseeable or
non foreseeable, arising from such services.
4. 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:
a. the total fees Client paid to Company in the one month prior to
the action giving rise to the liability.
5. All claims against Company must be lodged within 30 calendar days of
the date of the cause of action arising or otherwise the right of action is
forfeited.
6. 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.
7. Client agrees that he/she uses Company’s services at Client’s own
risk.
8. 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 the 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, as far as is permitted by law, the
implied warranties of titles, merchantability, and fitness for a particular
purpose.
(e) Company makes no guarantee or warranty that the Program will meet
Client’s requirements or that all clients will achieve the same or similar results.
9. 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, the coaching session with
Company, or otherwise, without the 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.
(d) Client Confidential Information shall not include material created by Client
on internet social media (including, but not limited to, Facebook, LinkedIn,
Twitter and Instagram). Where such material on social media mentions
Company, services provided by Company, Company staff or Programs then
Client agrees that Company may use such material for marketing and similar
purposes without express permission of Client (other than by the terms of this
Agreement) and that Client will have no claim of any kind against Company
for use of the material.
(e) Client acknowledges and agrees that Program may include group activities
and that Company may record, for later use at the absolute discretion of
Company, such activities and that Client will have no claim of any kind against
Company for use of the recorded material.
10. 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.
11. Other Terms
Upon execution by signing up to any of our programs the Parties agree
that any individual, associate, and/or assign shall be bound by the terms of
this Agreement.