COMPANIES SERVICES.
Upon execution of this Agreement, electronically, verbally, written or otherwise, Marilyn O’Malley 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 Marilyn O’Malley to Client. Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Marilyn O’Malley pursuant to this contract shall be solely limited to those contained therein and provided for on Marilyn O’Malley’s website as part of the Program. Marilyn O’Malley reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
COMPENSATION.
Client agrees to compensate Marilyn O’Malley according to the payment schedule set forth on Marilyn O’Malley website, or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement. Marilyn O’Malley shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
REFUND POLICY.
A 14-day satisfaction guarantee is available for live, online courses that are longer than 2 weeks, so that you can sample the course risk-free. The first day of class and/or date of purchase starts the 14-day satisfaction guarantee. Your refund will be processed within five business days and Marilyn O’Malley will send you an email confirming your refund. (No refund requests accepted after 14th day of course or with scholarship awards.)
NO REFUNDS for single session or 2-weeks or less programs, coaching, online product, or teachings.
CHARGEBACKS AND PAYMENT SECURITY.
To the extent that Client provides Marilyn O’Malley with credit card(s) information for payment on Client’s account, Marilyn O’Malley 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 Marilyn O’Malley’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 Marilyn O’Malley without notifying Marilyn O’Malley in advance.
NO RESALE OF SERVICES PERMITTED.
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 Marilyn O’Malley’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 Marilyn O’Malley’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Marilyn O’Malley electronically or otherwise without the prior written consent of the Marilyn O’Malley. All intellectual property, including Marilyn O’Malley’s copyrighted course materials, shall remain the sole property of the Marilyn O’Malley. No license to sell or distribute Marilyn O’Malley’s materials is granted or implied.
LIMITATION OF LIABILITY.
By using Marilyn O’Malley’s services and enrolling in any coaching or teaching program, Client releases Marilyn O’Malley, 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 Marilyn O’Malley is found to be liable, Marilyn O’Malley’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Marilyn O’Malley in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Marilyn O’Malley 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 Marilyn O’Malley 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 Marilyn O’Malley’s services or enrollment in the Program. Client agrees that use of Marilyn O’Malley’s services is at Client’s own risk.
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 Marilyn O’Malley cannot control Client. Marilyn O’Malley makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Marilyn O’Malley and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Marilyn O’Malley makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
COURSE RULES.
To the extent that Client interacts with Marilyn O’Malley staff and/or other Marilyn O’Malley clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Marilyn O’Malley. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
USE OF COURSE MATERIALS.
Client consents to recordings being made of courses and the Program. Marilyn O’Malley 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 further other goods/services provided by Marilyn O’Malley, without compensation to the Client. Client consents to its name, voice, and likeness being used by Marilyn O’Malley for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
NO SUBSTITUTE FOR MEDICAL TREATMENT.
Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Marilyn O’Malley is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
TERMINATION.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Marilyn O’Malley shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Marilyn O’Malley, Client shall be barred from using any of Marilyn O’Malley’s services.
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. Marilyn O’Malley 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 Marilyn O’Malley, or otherwise, without the written consent of Client. Marilyn O’Malley 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.
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 Marilyn O’Malley, Marilyn O’Malley’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 Marilyn O’Malley, or any of its shareholders, trustees, affiliates or successors. Client shall defend Marilyn O’Malley in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Marilyn O’Malley recognizes and agrees that all of the Marilyn O’Malley’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Marilyn O’Malley.
CONTROLLING AGREEMENT.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Marilyn O’Malley, Marilyn O’Malley’s representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of California, Santa Barbara County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
ENTIRE AGREEMENT.
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. This Agreement may be modified only by an instrument in writing duly executed by both parties.
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.
OTHER TERMS.
Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.
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.