Purchase Agreement & Refund Policy (‘Agreement’)
"I Agree”, emailing your statement of agreement, entering your credit card information, making payment, or otherwise enrolling, electronically, verbally, or otherwise, in the coaching services (“Services”), course or program (“Program”), you ("Customer") are entering into a legally binding agreement with Jodi Carlton ("Company"), according to the following terms and conditions:
“Customer” means the person or business, as relevant, purchasing the Services;
“Coach” means Jodi Carlton and SPECTRUM RELATIONSHIPS of 5200 Dallas Hwy, Ste 200-199, Powder Springs, GA . 30127
1 PURPOSE OF THIS AGREEMENT
1.1 The purpose of this document is to formalize agreement for the Services to be provided on the terms set out in this Agreement
1.2 The Customer agrees to make payment for the Services in accordance with the terms of this Agreement.
1.3 Any intellectual property which may be developed, written, designed, or provided during the performance of the Services will remain at all times with the Coach as proprietary property.
1.4 The terms of this Agreement outline and govern the parties arrangement for these Services as follows:
2.1. “Materials” means newsletters, reports, advertising, audio, promotional, literature, written documents, questionnaires, videos, specifications or other material which may be required to assist and enable the Services to be performed.
2.2. “Services” means the coaching services which may include health and stress maintenance, relationship guidance and maintenance, educational and training services, growth strategy and other similar services provided. Services do NOT include "counseling," such as diagnosis, symptoms, and medication management.
3.1 The Customer appoints the Coach for the Services. The Customer accepts the Services and is bound by these Terms when the Customer instructs the Coach to proceed, by making a payment, or by confirming acceptance via email or other written means.
3.2 The Coach agrees to provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements.
3.3 The Services are non-transferrable and apply only for and to the Customer as agreed in this Agreement. At no time may they be transferred to any other third party, group or entity.
4 WARRANTIES AND REFUNDS
4.1 Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the United States Consumer Law. At no time are these statutory rights sought to be excluded.
4.2 The Coach represents and warrants:
(a) in providing the Services, they will comply with all law and industry standards;
(b) the work performed to provide the Services will be done to a high standard in accordance with best practice; and
(c) the scope of the Services will be limited to the description provided in this Agreement and the Proposal unless otherwise agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Coach, it would benefit the Customer or be required to meet the terms of this Agreement.
4.3 The Customer represents and warrants:
(a) they will provide all relevant information required for the Coach to carry out the Services in a timely manner;
4.4 The Customer acknowledges and agrees that:
(a) results of the Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the Customer and individual to meet their own requirements. The Coach cannot and does not guarantee any particular or any results and the Customer is solely responsible for their progress.
(b) There are no refunds for change of mind or similar; and
5.1 Disputes: If at any time any aspect of the Services are not reasonably acceptable to the Customer, the customer may cancel services at any time, effective at the end of the current billing cycle. Refunds for the current, or previous billing cycles, will not be issued.
5.2 Non-Disparagement: If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Customer and the Coach. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
5.3 Arbitration: In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
6.1 The relationship under this Agreement is that of principal and independent contractor. This Agreement does not make either party a joint venturer, partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in this Agreement.
7 TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY
7.1 Term: This Agreement is for a monthly subscription for services, commencing on the date of purchasing, and ending at the time end of the billing cycle when the customer cancels the service.
7.2 Ownership of Intellectual Property and Confidential Information: Materials and work may be provided to the Customer from time to time during and to enable the provision of the Services. All materials and work is provided without warranties of any kind, both express and implied. Any design, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain the property of the Coach at all times. No materials may be reproduced or used for any purpose other than the personal private use of the Customer. Customer shall not be authorized to use any of Coach’s intellectual property for Customer's business purposes. Customer shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Coach electronically or otherwise without the prior written consent of the Coach. At no time may it be reproduced and provided to third parties without express written permission of the Coach. Customer 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 transferable or assignable without JODI CARLTON'S prior written consent.
7.3 No Resale of Services or Materials: Customer 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 Coach’s prior written consent.
8 PAYMENT, PRIVACY, AND DELIVERY
8.1 Services Rendered: Services will only be provided once payment has been made for the services as nominated in the Invoice.
8.2 Failure to Pay: In the event that the Customer fails to pay any payments due in accordance with the terms of the Agreement or does not perform its obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. We may also commence proceedings to collect any outstanding debts owed.
8.3 Privacy: All payment and personal information will be kept in a secure manner in accordance with United States privacy requirements.
8.4 Payment Authorization: By providing the Coach with your payment and credit card details, the Customer authorizes payment for the full Services. In the event the Customer has chosen payments to be made on a recurring basis, the Customer hereby authorizes such payments to be deducted by the Coach.
8.5 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.
8.6 Late Fees: Failure to make a required payment when due under this Agreement will result in 5% late fee (five percent) on all outstanding balances not paid by the date or dates agreed by the parties.
8.7 Chargebacks: Customer shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Jodi Carlton’s prior written consent.
8.8 Collection Fees: Customer is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Customer shall not change any of the credit card information provided to Jodi Carlton without notifying Jodi Carlton in advance.
9 TERMINATION AND CANCELLATION
9.1 Breach: For any breach of any of the obligations of this Agreement, the person who has committed the breach will immediately remedy or rectify the breach promptly.
10 LIMITATION OF LIABILITY, INDEMNITY, DISCLAIMER OF GUARANTEE
10.1 Indemnification: The Coach and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Customer may suffer in reliance directly or indirectly on all or any part of the Services. The Customer shall indemnify and hold harmless the Coach from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
10.2 Liability Terms: The liability of the Coach is governed solely by United States Consumer Law and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
10.3 Own Risk: The Customer acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Customer agrees they are liable for and agree to indemnify and hold harmless the Coach for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services.
10.4 No Substitute for Other Professional Services:
Medical Services: Some of the Services may involve health or other personal management discussions. Our Services and information provided should not replace discussions with qualified healthcare or other relevant professionals and should not be used to diagnose or replace any professional treatment or management of any condition. All decisions about any treatment and management of any condition must be made with a healthcare professional and the Customer agrees and acknowledges that any reliance on any information, discussion or recommendation is done at their own risk. The Customer is at all times responsible for their own physical health and emotional well-being and is responsible to seek medical treatment (including, but not limited to psychotherapy), if needed. Coach is not providing psychotherapy services. Coach is not responsible for any decisions made by Customer as a result of the coaching and any consequences thereof. The Coach recommends that any pre-existing condition be treated by a medical professional and that any information provided is not to be relied on in substitution. The Customer understands that they therefore engage the Services at their own risk. By engaging the Coach, the Customer agrees they alone are responsible for all outcomes and achievements by participating in the Services and the Coach cannot guarantee nor be responsible for any results, howsoever incurred.
Legal Services: Some of the Services may involve discussions about legal options and choices, particularly related to separate and divorce. Our Services should in no way replace discussions with qualified legal counsel.
10.5 Disclaimer of Guarantee: Customer accepts and agrees that she/he is 100% responsible for her/his progress and results from the Services. Customer accepts and agrees that she/he is the one vital element to the Services’ success and that Coach cannot control Customer. Coach makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Coach and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Coach makes no guarantee or warranty that the Services will meet Customer's requirements or that all customers will achieve the same results.
10.6 Liability & Claims: In any case, the Coach’s liability is limited at all times to amount of the last invoice fees paid by the Customer. All claims against the Coach must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever.
11 CONTROLLING AGREEMENT
11.1 In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company's representatives, or employees, the provisions in this Agreement shall be controlling.
12 CHOICE OF LAW/VENUE
12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia 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 Georgia, Cobb 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.
13.1 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.
14.1 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.
15 ENTIRE AGREEMENT
15.1 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. This Agreement may be modified only by an instrument in writing duly executed by both parties.