Kimberly Napier Elevate Your Extraordinary Mastermind
IMPORTANT: READ CAREFULLY. BY COMPLETING YOUR ORDER AND/OR
ACCESSING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between Kimberly Napier, LLC (the “LLC”) AND the “Participant” whose name appears on the Elevate Your Mastermind 2019 Order Form.
Collectively referred to as the “Parties.”
WHEREAS, the LLC is engaged in the business of marketing and client coaching services; and
WHEREAS, The Participant desires to engage the LLC to provide business coaching services to the Participant in the form of webinars, audio and/or visual presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, in consideration of the premises and covenants hereinafter contained, the parties agree as follows:
SECTION 1: Elevate Your Extraordinary Mastermind and Program Fees
1.1 Elevate Your Extraordinary Mastermind: Under the terms of this Agreement, the LLC agrees to provide business coaching services to the Participant, as more particularly described in Schedule “A” (the “Programs”) in exchange for payment terms outlined on 2019 Mastermind Order Form.
1.1.2 Term: The Term of participating in the Elevate your Extraordinary Mastermind program shall be for twelve (12) months beginning on your agreeing to the terms of this Agreement and submitting payment via the 2019 Mastermind Order Form.
1.13 Termination: If either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice, from the other party specifying such breach in reasonable detail, the non-breaching party shall have the right to terminate this agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately on receipt.
1.2 No Refunds: The LLC abides by a strict, no refund policy. By accepting the terms of this Agreement, the Participant agrees and understands that it is foregoing the right to claim any refund of fees paid for access and use of the Programs offered by the LLC.
SECTION 2: NO WARRANTIES
2.1 Success not Guaranteed: By accepting the terms of this Agreement, the Participant agrees and understands that Elevate Your Extraordinary Mastermind is a program that provides business coaching and does not guarantee any specific result. The Participant takes responsibility for its own success.
2.2 Limited Liability: In no event will the LLC be liable to the Participant or any party related to the Participant for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Elevate Your Extraordinary Mastermind has been advised of the possibility of such damages. The limitations on liability herein described, shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: Confidentiality
3.1 Confidentiality: Only the Participant, during the Term of this Agreement, is permitted to use the Programs provided by the LLC. Except as expressly authorized by this Agreement, the Participant shall not provide or make available any portion of the Programs, information provided to the Participant during the Programs, including but not limited to, documentation, video, audio, webinars or login credentials (the “Materials”) to any one other than the Participant, or use the Materials for commercial use, or otherwise disclose or discuss the Materials for any purpose other than exercising rights expressly granted to you by this Agreement. This paragraph shall survive the Term of this Agreement.
3.2 Intellectual Property: The Participant acknowledge that all Materials are the sole Intellectual Property of the LLC under United States copyright, trademark and other intellectual property laws and international treaties. The Participant further acknowledge and agree that, as between The Participant and the LLC, the LLC and its third-party licensors own and shall continue to own all right, title, and interest in the Materials, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership or other right or interest in the Materials, or any other intellectual property rights of the LLC, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that the LLC uses in connection with services rendered by the LLC are marks owned by the LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. This paragraph shall survive the Term of this Agreement.
SECTION 4: Miscellaneous
4.1 Non-transferability: The rights and obligations under this Agreement are personal to the Participant. The Participant may not assign or transfer any rights or obligations under this Agreement.
4.2 Indemnification: The Participant will, at its own expense, defend, indemnify, and hold the LLC, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with the Participant’s use of the Programs.
4.3. Integration: This Agreement, represents the entire Agreement between The Participant and the LLC concerning the Programs, and this Agreement supersedes and replaces any prior proposal, representation, or understanding The Participant may have had with the LLC relating to the Programs, whether oral or written.
4.4. Amendment: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by all parties.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the Commonwealth of Massachusetts without regard to principles of conflict of laws.
The LLC agrees to provide YOU with certain services defined as:
- 12 Monthly Content Group Calls (via Zoom and available in person) with Kimberly
- 12 Monthly Coaching Sessions with Kimberly (via phone/zoom/in person)
- 12 Monthly Support Calls via Zoom
- Mastermind Guest Experts
- 4 Quarterly In-person Events
- Access to Kimberly
BY AGREEING TO THE ABOVE TERMS AND COMPLETING THE ONLINE ORDER FORM, THE PARTICIPANT ACKNOWLEDGES THAT IT UNDERSTANDS AND AGREES TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.