Your Soul Purpose Partnership Agreement
Please read and pay at the bottom of the page.
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PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS AND CONDITIONS APPLY TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH ENTREPRENEUR SOUL PURPOSE SOUL COACH’S WEB SITE (“WEB SITE”). BY PLACING AN ORDER FOR SUCH PRODUCTS AND SERVICES YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. Herein, Entrepreneur Soul Purpose Soul Coach will be referred to as “Consultant.”
Client Understands And Acknowledges That
By Clicking “I Accept”, Client Is Entering Into An Electronic Agreement, And
Client Intends To Be Bound By Its Terms And Conditions with Consultant. A
facsimile, electronic, or e-mailed executed copy of this Agreement, with a
written or electronic signature, shall constitute a legal and binding instrument
with the same effect as an originally signed
copy.
Sasha Sabbeth 2777 Yulupa Ave. #333 Santa Rosa, CA 95405
Fill out this section only if Agreement will not be electronically delivered.
Name:______________________________________
Address: __________________________________________
Email: ____________________________________________
Signature: _ Date: ________
1. Services To Be Performed Consultant agrees to perform the coaching services as explained in the selected program or package Website description and/or is verbally informed by Consultant and Consultant’s identified staff. These services are related to education, consulting, coaching, putting on seminars, and/or other public events. Consultant may also supply Client with other products or services that may be mutually agreed upon by both Parties. Consultant reserves the right to substitute services equal to or comparable to those contracted for by Client.
2. Payment In consideration for the services to be performed by Consultant listed in Paragraph 1, Client shall pay for services according to the payment schedule set forth on the Website, verbally communicated by Consultant, communicated by Consultant’s staff upon authorization of Consultant, and the payment plan Website options selected by Client (the "Fee").
Consultant’s receipt of an electronic or other form of order does not signify its acceptance of Client’s order, nor does it constitute confirmation of Consultant’s offer to provide services or products. Consultant reserves the right at any time after receipt of Client’s order to accept, decline, or limit Client’s order for any reason, whether or not Client’s credit card has been charged. If Consultant accepts Client’s order, she will send a confirmation to Client, either electronically or in writing. If Consultant chooses to decline or limit Client’s order, appropriate refunds and adjustments will be issued in a timely manner.
EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH NINE OF THIS AGREEMENT, CLIENT AGREES NOT TO CANCEL CONSULTANT’S COMPENSATION BY MEANS OF A STOP PAYMENT ON A CHECK, A CREDIT/DEBIT TRANSACTION REVERSAL, OR ANY OTHER MONETARY TRANSACTION AGAINST ENTREPRENEUR SOUL PURPOSE SOUL COACH.
For any payments Client makes to Consultant, Client agrees to pay Consultant for all fees and costs caused by: (1) Any bad or returned checks that Client writes; (2) Any rejected or returned credit/debit transactions that Client authorizes; or (3) Any claim or arbitration Client initiates against Consultant based on Consultant’s mistake or inadvertence, if such claim is decided in Consultant’s favor.
A fee of $25.00 will be applied to total balance due for any bad or returned checks that Client writes as payment to Consultant.
3. Terms of Payment/ Chargebacks Consultant shall be paid according to the Schedule of Payments set forth in Paragraph 2. Consultant shall be authorized to charge Client’s credit cards provided to Consultant for any unpaid charges on the dates due. If Client utilizes a multiple payment plan, Consultant shall not be required to have separate authorization for each multiple payment, but may charge Client’s credit card as the fee is due. Client shall not cancel said credit card or make any charge backs to Consultant’s account without Consultant’s prior written consent.
4. Late Fees If a payment plan option is applied, late payments by Client shall be subject to late penalty fees of ten per cent (10.0%) per annum from the due date until the amount is paid. Consultant shall send Client an invoice monthly for payments that are due according to payment arrangements referenced in Paragraph 2. Client shall pay Consultant within five days from the date of each invoice. If Client pays for services via credit card merchant services companies, the date on which the payment is made electronically shall be considered the date of payment for purposes of calculating late charges.
5. Expenses Client shall reimburse Consultant for all reasonable travel and living expenses necessarily incurred by Consultant while away from Consultant's regular place of business to perform services under this Agreement. Consultant shall submit an itemized statement of such expenses. Client shall pay Consultant within ten (10) days from the date of each statement.
6. Materials Consultant will furnish all materials, equipment, and supplies used to provide the services required by this Agreement, except as otherwise expressly provided for in this Agreement.
7. Intellectual Property Ownership Nothing in
this Agreement shall be construed as Consultant granting to Client a license to
use anything created or developed by Consultant for Client under this Agreement
(“Contract Property”), except for Client’s own personal use. Consultant shall
retain all copyrights, patent rights and other intellectual property rights to
the Contract Property, and Client expressly agrees not to transfer said rights
to any third party without express written permission of Consultant, which shall
be withheld by Consultant in Consultant’s own discretion.
Consultant owns or holds a license to use and/or sublicense various materials in existence before the start date of this Agreement (“Consultant's Materials”). Consultant's Materials include, but are not limited to, those items identified in Schedule A, attached hereto and incorporated herein by reference. Consultant may, at its option, include Consultant's Materials in the work performed under this Agreement. Consultant retains all right, title and interest, including all copyrights, patent rights and trade secret rights in Consultant's Materials. Client expressly agrees not to reproduce, replicate, sell, trade or exploit for any commercial purposes, any part of the Consultant’s services or products.
8. Term of Agreement/Effective Date This Agreement shall be conditioned on and effective upon Consultant’s execution of this Agreement either by physical document or by accepting the terms of this Agreement electronically, and will terminate on the earlier of:
9. Terminating the Agreement/Refunds 1. Client (and in the case of death or incapacity, his/her agent, guardian or conservator) has the right to terminate this Agreement with Consultant within 3 business days of payment, by calling, sending an email or sending a writing through the U.S. Postal System or by facsimile. After three business days have elapsed, Client shall not have the right to terminate this Agreement except for the following reasons: a. Death of the Client; b. Death of the Consultant; c. Mental incapacity of the Client as certified by a licensed medical practitioner; d. Mental incapacity of the Consultant as certified by a licensed medical practitioner; e. Physical incapacity of the Consultant to deliver services contracted for due to illness or accident, except that such capacity shall not invalidate the Agreement if the Consultant shall be able to resume performing services within 6 months of said physical incapacity, or some other time period mutually agreed upon by Consultant and Client; f. A material violation of this Agreement by Consultant.
2. Consultant (and in the case of death or incapacity, her agent, guardian or conservator) shall have the right to terminate this Agreement in the event of: a. A material violation of this Agreement by Client; b. Non-payment of Consultant’s compensation after 20 days’ written demand for payment; c. Death of the Client; d. Death of the Consultant; e. Mental incapacity of the Client as certified by a licensed medical practitioner; f. Mental incapacity of the Consultant as certified by a licensed medical practitioner; g. Physical incapacity of the Consultant to deliver services contracted for due to illness or accident, except that such capacity shall not invalidate the Agreement if the Consultant shall be able to resume performing services within 6 months of said physical incapacity, or some other time period mutually agreed upon by Consultant and Client. Party (or his/her agent) terminating the Agreement shall give the other party written notice of the cause for termination. Consultant shall be entitled to full payment for services performed prior to the effective date of termination, in the event of death or incapacity of the Client. In the event of a material violation of the Agreement by Client, or for any other reason, Client shall not be entitled to any refund whatsoever.
10. Independent Contractor Status Consultant is an independent contractor, not Client's employee. Consultant's employees or subcontractors are not Client's employees. Consultant and Client agree to the following rights consistent with an independent contractor relationship: 1. Consultant has the right to perform services for others during the term of this Agreement; 2. Consultant has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed; 3. Consultant has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement; 4. Consultant or Consultant's employees or subcontractors shall perform the services required by this Agreement; Client shall not hire, supervise or pay any assistants to help Consultant; 5. Neither Consultant nor Consultant's employees or subcontractors shall receive any training from Client in the skills necessary to perform the services required by this Agreement; 6. Client shall not require Consultant or Consultant's employees or subcontractors to devote full time to performing the services required by this Agreement; 7. Neither Consultant nor Consultant's employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of Client.
11. Local, State, and Federal Taxes Consultant shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement and/or having employees perform services under this agreement. Client will not: 1. Withhold FICA from Consultant's payments or make FICA payments on Consultant's behalf; 2. Make state or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from Consultant's payments. The charges included here do not include taxes. If Consultant is required to pay any federal, state, or local sales, use, property, or value added taxes based on the products or services provided under this Agreement, the taxes shall be separately billed to Client. Client shall be responsible for paying any interest or penalties incurred due to late payment or nonpayment of any taxes by Client.
12. Entire Agreement. This Agreement and the other writings referred to herein constitute the entire Agreement of Consultant and Client pertaining to the subject matter contained in it, and supersede all prior or contemporaneous agreements, representations and understandings of Consultant and Client. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Consultant and Client. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver In the event of any conflict between this Agreement and any marketing materials used by Consultant, this Agreement shall be controlling.
13. Modifying the Agreement Client and Consultant recognize that: 1. Consultant's original cost and time estimates may change due to unforeseen events or to factors unknown to Consultant when this Agreement was made; 2. Client may desire a mid-project change in Consultant's services that would add time and cost to the project and possibly inconvenience Consultant; or 3. Other provisions of this Agreement may be difficult to carry out due to unforeseen circumstances. If any intended changes or any other events beyond the parties' control require adjustments to this Agreement, the parties shall make a good faith effort to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties, and added to this Agreement.
14. Non-Disparagement/Dispute Resolution In the event of a dispute between Client and Consultant, Parties agree that neither will engage in any conduct, or communications, whether it be private or public, that will disparage the other party. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Sonoma County . Any costs and fees other than Consultant and Client’s attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Sonoma County . Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
15. Limited Liability This provision allocates the risks under this Agreement between Consultant and Client. Consultant's pricing reflects the allocation of risk and limitation of liability specified below. Consultant's total liability to Client under this Agreement for damages, costs, and expenses shall not exceed the compensation received by Consultant under this Agreement. NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER'S LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.
16. Notices All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated on this Agreement; 2. Three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated on this Agreement; or 3. When sent by fax or electronic mail, such notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.
17. Consultant Privacy Policy. Consultant does not collect any Personally Identifiable Information (“PII”) about Client unless Client voluntarily provides it to Consultant. Client provides such information when he/she: 1. Registers for Consultant’s events and registers his/her email address with Consultant; 2. Signs up for special offers from selected third parties; 3. Sends email messages, submits forms or transmits other information by telephone or letter; or 4. Submits his/her credit card or other payment information when ordering and purchasing products and/or services on Consultant’s Web site. Consultant
will primarily use Client’s PII to provide its services to Client, as required
by the Agreement. Consultant does not sell, trade or rent Client’s PII to
others. Consultant does provide some of its services through contractual
arrangements with third parties, service providers and/or partners. Consultant
encourages its service partners to adopt and post privacy policies. However, the
use of Client’s PII by Consultant’s service partners is governed by their
privacy policies, and is not subject to Consultant’s control. Occasionally
Consultant may be required by law enforcement or judicial authorities to provide
PII to the appropriate governmental authorities. Consultant will disclose PII
upon receipt of a court order, subpoena, or to cooperate with a law enforcement
investigation. Consultant fully cooperates with law enforcement agencies in
identifying those who use Consultant’s services for illegal activities.
Consultant reserves the right to report to law enforcement agencies any
activities that Consultant in good faith believes to be unlawful. Personal
information that Client provides that is not PII also resides on a secure
server, and is only accessible via Consultant’s password. Since this information
is not accessible from outside Consultant’s web site, Client will not be asked
to select a password in order to view or modify such information. In order to
most efficiently serve Client, credit card transactions and order fulfillment
are handled by established third party banking processing agents and
distribution institutions, who verify and authorize Client’s credit or debit
card or other payment information and process and/or ship Client’s
order. As no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure, Client acknowledges by accepting this Agreement that: (a) there are security and privacy limitations which are beyond Consultant’s control; (b) the security, integrity and privacy of any and all information and data exchanged between Consultant and Client cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party.
18. No Guarantee Client agrees that she/he is responsible for his/her progress and results from Consultant’s coaching. Consultant makes no representations, warranties or guarantees of any kind, including warranty of title, merchantability, fitness of purpose or others. Because each individual is unique, Consultant cannot guarantee that her coaching or other products and services will meet Client’s needs, or that Client will achieve the goals he/she has set out for himself/herself.
19. No Partnership This
Agreement does not create a partnership relationship. Neither party has
authority to enter into contracts on the other's behalf.
20. Use of Course Materials Client consents to recordings being made of courses. Consultant reserves the right to use at her sole discretion, course materials, videos and audio recordings of course and materials submitted by Client in the context of her coaching/ seminars for future lecture, coaching or marketing materials and further goods or services provided by the Consultant without compensation to the Client. Client consents to its name, voice and likeness being used by Company for future coaching/seminars and marketing materials and further goods or services without compensation to the Client.
21. Governing Law and Statutes of Limitation. This site is controlled by Consultant from its offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site, Client and Consultant agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. In the event of an arbitration, Consultant and Client agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Sonoma County and the United States District Court for the Northern District of California with respect to such matters. Any dispute arising from participation in an Entrepreneur Soul Coach service or event must be instituted within one year after the event or be deemed forever waived and barred.
20. Assignment and Delegation Client may assign its rights or may delegate its duties under this Agreement in the event Client is unable to use all the services for which he/she contracted. Client shall not be entitled to a refund, but shall be allowed to negotiate full or partial reimbursement with the assigned party.
21. Effect of Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for the purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions.
22. Construction. The provisions of this Agreement shall be construed as a whole according to their common meaning and not strictly for or against any party, this Agreement having been negotiated at arm’s length.
23. Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than Consultant and Client, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to Consultant or Client.
24. Force Majeure. In addition to any excuse provided by applicable law, Consultant shall be excused from liability for non-delivery or delay in delivery of products and services available through its site arising from any event beyond its reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Consultant’s reasonable control, whether or not similar to those which are enumerated above.
25. Further Assurances. Consultant and Client shall cooperate, take such actions and execute, acknowledge where required, and deliver such additional documents or instruments as may be reasonably necessary under the circumstances to effectuate the intent of this Agreement.
26. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original (including copies sent to a party by telecopy or facsimile transmission), and which together shall constitute one and the same Agreement.
27. Time. Time is of the essence of this Agreement.
28. Joint and Severable. Each provision of this Agreement is joint and severable. Should any provision of this Agreement be found to be invalid, it shall not affect the validity of the other remaining provisions of this Agreement.
29. Survivability. The ownership, non-circumvention, non-disparagement, proprietary rights and confidentiality provisions, and any provisions relating to payment for services rendered as set forth in this Agreement, and any other provisions that by their context Consultant and Client intend to have survive, shall survive this Agreement.
30. No Substitute For Medical Treatment: Client agrees to be mindful of his/her own wellbeing during the services rendered by Consultant. Client is to be mindful and to seek medical treatment (including, but not limited to psychotherapy), if needed. Consultant does not provide medical or psychotherapy services. Consultant is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
31. Confidentiality: The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Consultant agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Consultant, or otherwise, without the written consent of Client. Consultant shall keep the Confidential Information of the Client in strictest confidence, shall use its best efforts to safeguard the Client’s Confidential Information, and to protect it against disclosure, misuse, espionage, loss and theft.
Soul Purpose
Success Program
One Payment Option: $15,000
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