ILEAN HARRIS COACHING INTENSIVE PROGRAM TERMS OF PARTICIPATION AND LIABILITY RELEASE
Please carefully read the following terms and conditions (“Terms”) relating to your participation in Ilean’s ILEAN HARRIS COACHING INTENSIVE Coaching Program (the “Program”) which is conducted by Harris Marketing LLC (“Provider”). By registering for the Program and filling out the Order Form/making a payment you (the “Client”) signify your acceptance of and obligation to these Terms. If you have objections to the following Terms you should not register for or participate in the Program as these Terms are legally binding.
By participating in the Program, Client agrees to abide by these Terms and understands that the decisions of the Provider regarding all aspects of the Client’s participation in the Program are final and binding in all respects.
COMPANY'S SERVICES. Upon execution of this Agreement, electronically, verbally, written 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 in the nature of coaching and education. 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. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program's success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client's requirements or that all clients will achieve the same results.
COMPENSATION. Client agrees to compensate Company according to the payment schedule set forth on Company's website, or via email, or Payment Schedule and the payment plan selected by Client (the "Fee") or otherwise noted in this agreement. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
Clients enrolled in ILEAN HARRIS’s Coaching Program are agreeing to the services offered by the Provider below, and are requesting to be enrolled and billed for the program.
Provider agrees to provide the following services to Clients of the Program:
Detailed intake form and welcome packet to equip Ilean to conduct market research for the client to accomplish his or her goals as detailed in the Coaching Session: Client will receive a customized marketing plan based on the information they share in the confidential intake form. The form must be completed for the coaching sessions to begin.
Client will receive an agreed amount of coaching (hours vary depending on what consulting package they select) where they will discuss agreed upon marketing goals.
Coaching Calls and Emails
Client will be able to schedule coaching sessions consisting of agreed upon hours. If the client cancels the call, he or she is subject to the provider’s availability that month. If the Provider is not available that month, the client forfeits the call. If the client does not cancel the call and does not show up for the call, the client will forfeit the call. Client will also receive a private email address to contact Provider and may send emails with questions or other needs within one month of the coaching call. Provider will respond to emails, voice messages, and correspondence as fast as possible based on availability.
Provider will review Client’s website and marketing materials for free at least once during the Program. Based on availability, Provider may review other marketing materials submitted by Client.
Provider may grant the Client access to the Facebook networking group for in the VIP and Elite paying clients (depends on seasonality of offer). The Provider is not responsible for interactions between the Client and other clients in the group. The client may seek support and feedback in the group. If in the unlikely case, another client steals any ideas shared by the Client, the Provider is not responsible. The group is created to provide additional support such as motivation & accountability. However, the interactions had between clients in such a matter is out of the Providers control.
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 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 charge backs to Company's account or cancel the credit card that is provided as security without Company's prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
We take our business seriously and we act with integrity and professionalism. We expect our Client to do the same. Thus, Provider requires Client to be respectful and professional to Ilean Harris throughout the Program as well as to our staff, hotel hosts, speakers, and other Clients and their guests or families throughout the Program’s live events, even during non-scheduled downtime and breaks. Provider reserves the right to ask Client to withdraw from the Program or to leave a live event immediately should they be deemed rude, uncooperative, unprofessional, or intoxicated or in possession of any illegal substance at a live event. By participating in the Program, Client agrees to respect the Provider’s time, expertise and reputation and shall be concise, respectful and professional in all communication with the Provider and other third parties. Any abuse or overuse of the Provider’s time, or any disrespectful communication sent to the Provider or Ilean Harris by the Client (with “disrespectful” determined solely by the Provider), shall constitute a breach of these Terms and warrant the immediate termination of the Client’s participation in the Program without reimbursement in any form. In such case the Client is asked to no longer participate in the Program by the Provider or Ilean Harris, the Client’s tuition/fees for the Program will not be reimbursed under any circumstances; Client will not receive any future products, services or correspondence from Provider; Client will not receive any of the Provider’s advertised bonuses or any other written or implied guarantee(s); and the Client will continue to be billed and obligated to pay any remaining payments up until the end of the payment period the Client registered for. In no circumstances in which the Client is asked to leave the Program by the Provider will the Client receive any reimbursement or permission to discontinue payments.
NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by 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.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company's shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys 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), 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 or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. 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.
Liability Waiver: Live Events
While we take every possible measure to ensure Client safety at the Program’s live events, we can not control everything. For this reason, Client is legally responsible for their safety and behavior and agrees to—and is held legally liable to—the following statements:
I, the willing Client of the Program, hereby accept all risk to my health and of my injury or death that may result from participating in the Program and I hereby release Provider, Ilean Harris, and their officers, employees, interns, contractors, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Program, whether caused by negligence of the Provider, its governing board, officers, employees, or representatives, or otherwise. I further agree to indemnify and hold harmless Provider, Ilean Harris and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Program. Under no circumstances will Provider or Ilean Harris or their assigns be held liability for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Program. Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Program, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify Provider verbally and in writing if I am at any time injured prior to, during, or after the Program in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that Provider is not legally obligated to act on that information in any way or to providing any medical service whatsoever to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Program that I will notify the Provider and that the Provider retains the right to ask that I not participate in portions of or the entirety of the Program.
By using Company's services and enrolling in the Program, Client releases Company, it 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. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. Regardless of the previous paragraph, 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, and (b) $1000. All claims against 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 use of Company's services is at Client's own risk.
Liability Disclaimer: No Professional Advice
The information contained in or made available by the Provider or Ilean Harris through the Program or their websites or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical, psychological, or legal fields. Provider does not offer any professional personal, medical, financial or legal advice and none of the information contained in the Program should be confused as such advice. Neither Provider, Ilean Harris nor their assigns, sponsors, speakers, partners, contractors or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages to the Client or the Client’s business, including economic loss, that may result from participation in the Program or from the use of, or the inability to use, the materials, information, or strategies communicated through the Program or any products or services provided pursuant to the Program, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will Provider or Ilean Harris be liable for any special or consequential damages that result from Client’s participation in the Program. To be clear: You, the Client, alone are responsible and accountable for your decisions, actions and results in life, and by your participation in our Program, you agree not to attempt to hold us, the Provider or Ilean Harris, liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this Program at any time, under any circumstance.
Confidentiality and Non-Compete
NO RESALE OF SERVICES PERMITTED. Client hereby understands and agrees that the tools, processes, strategies, materials and information presented in the Program are confidential, copyrighted, and proprietary to the Provider and Client agrees not to record, duplicate, distribute, teach or train from the Program’s concepts or materials in any manner whatsoever without the express written permission of Provider. Any unauthorized use or distribution of the Provider’s private, confidential or proprietary concepts, materials, or intellectual property by the Client or the Client’s representatives is prohibited and subject to legal review and response. Provider will pursue legal action and full damages against the Client if these Terms are violated in any way in order to protect its rights and business.
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 without the Company's prior written consent.
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 prior written consent of the Company. 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.
During the Program, Provider may discuss several adult topics relating to personal and professional growth. Provider will also occasionally use adult language to emphasize a point, connect with, or surprise the audience (though we will never be lewd, and we will always use tact and discretion in doing so). Clients who are uncomfortable with such topics or language should not participate in the Program.
By participating in the Program, Client understands that portions of the Program’s live events may be recorded in video and audio and/or captured in still and/or digital photographs. Client agrees that the Provider and its assigns have the right and permission to use such recordings and photographs should they include Client’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Client. Client understands and agrees that all recordings from the Provider’s events are the exclusive rights of the Provider and Client does not ask for or expect compensation for the use of recordings or photographs in which Client appears or speaks. Provider owns all rights of any audio, video, and/or photograph captured during the Provider’s Program or at any of the Provider’s other live events.
REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance of the Program for any reason whatsoever, Client will receive no refund.
Once Client registers for the Program, Provider makes extensive arrangements and investments while anticipating Client’s tuition and participation, and, in the case of Client’s cancellation, Provider incurs significant administration hassles, expenses, and loss of business. Given this fact, Client cannot request or receive a cancellation refund in part or in total, the Program and is obligated to pay the entire fee of the Program. Even in the case that the Client no longer wishes to participate in the Program, Client agrees to pay for the full duration of the period for which Client registered for. Client agrees that all refunds and cancellation decisions are made at the sole discretion of the Provider.
For correspondence, contact:
Harris Marketing LLC PO Box 450024 Miami, FL 33245 Telephone: 305-992-5950
Review and Jurisdiction
SURVIVABILITY. The ownership, non-circumvention, non-disparagement, 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 of this Agreement for any reason.
SEVERABILITY. If any of the provisions contained in this Agreement, or any part thereof, 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.
This is the entire agreement of Terms between Provider and Client relating to the subject matter it contains. This agreement may be modified only by the Provider and the modified agreement must be signed by both parties to be valid.