Investment: You agree that you are financially willing to invest in this Program by choice. For those who opted for the Payment Plan, installments are automatically deducted every 30 days, according to the day you enrolled.
If paying by debit or credit card, you give us permission to automatically charge your card as payment for your Program and for future installments, and you will receive an electronic receipt.
Missed Payment:
Installment plans are automatically charged on the same day of each month. If payment fails, you will receive a notice via email and will have a 5-day grace period to make the payment. Otherwise, your Program will be put on hold until payments have been updated.
There is a NO REFUNDS policy.
By acknowledging this Agreement, you understand that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to your Installment schedule of this Agreement through the end. Keshani Kay Inc considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, Keshani Kay Inc may issue an additional $250 fee to you.
Confidentiality:
You recognize that in the course of our work together, you may divulge goals, future plans, business affairs, personal past history, and any other private information. I will not disclose any of your private information to a third party unless: (1) they have a legitimate reason to know such information as a member of my team/staff (2) it is required by law or (3) you have given me written consent.
Intellectual Property Rights:
I retain all ownership and intellectual property rights to the Program content and materials that may be provided to you including all copyrights and trademarks belonging to me. The Program content and materials being provided to you are for your INDIVIDUAL use only and with a single-user license which means that you are not allowed or are authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials electronically or otherwise, for business or commercial use, or in any other way that earns you money without my prior written consent.
Testimonials
Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.
Consent to Recording and Redistribution of Calls.
Client acknowledges that all group calls/Consultations in connection with the Program will be recorded and given access to recordings to continue to listen to for personal growth whether Client actively participated in call or not. Client expressly consents to the recording of his/her voice in connection with all consultations, including recording of his/her participation in connection therewith. Client also acknowledges that the recordings will be redistributed and/or resold at a later date as part of a separate package sold by Coach. In furtherance thereof, Client hereby assigns to Coach any ideas, messages, comments, responses, thoughts, criticisms, information, results, reviews, suggested improvements and feedback relating to the Consultations and Program that is conceived, learned or reduced to practice in the course of performance under these Terms and Conditions and any patent rights, copyrights (including moral rights; provided that any non-assignable moral rights are waived to the extent permitted by law), trade secret rights, mask work rights and all other intellectual property rights of any kind with respect thereto. Client irrevocably grants Coach and each of Coach’s licensees, and its and their successors, assigns and sub-licensees, the right and permission to use Client’s name, voice, likeness and/or biographical material in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration. Client agrees to take any action reasonably requested by Coach to evidence, perfect, obtain, maintain, enforce or defend the foregoing assignment or rights.
Personal Responsibility and Assumption of Risk:
You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Program. You accept full responsibility for the actions and results of your choice before, during and after this Program and you knowingly assume all of the risks of the Program related to your use, misuse or non-use of the Program or any of the Program materials. You understand and agree that you are solely responsible for your results.
Disclaimer:
I have used care in preparing the information provided to you but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that as a Coach I am not responsible for your physical, mental, emotional, and spiritual health, nor for your financial earnings or losses, nor for any other personal or business results or outcomes that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, religious advice in any way. By signing this agreement you agree that you're also consenting to the full disclaimer which may be found on my website
Limitation of Liability, Indemnification, and Release of Claims:
Keshani Kay, will not be held responsible in any way for the information that you request or receive through this Program including services, products, and Program materials and any other information you have received from or through me related to this Program. You agree that you fully and completely hold harmless, indemnify, and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity that you ever had, now have, or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permitted by applicable law.
Termination:
Should I, as the Coach choose to terminate this Agreement at any time, I will provide you with 72 hours written notice via email. Any outstanding payments for services that have already been provided to date are due immediately and payable. No refunds will be provided. Should you as a Client choose to terminate the agreement at any time you are to (1) provide 72 hours written notice via email (2) remain financially responsible for the full cost of the Program, (3) immediately make payments that are outstanding and due, and (4) understand that no refunds are provided. All terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms will still apply even after termination by either parties.
Notice:
All correspondence or notice required regarding the Program should be made to me by email at [email protected] and to you at the email address you provided during your enrollment in the Program. Should your email address, billing information or contact information change at any time throughout the Program it is your responsibility to provide your updated information to me within 3 days of any change.
Entire Agreement, Assignment, Survivability and Waiver:
This agreement contains our entire agreement. This agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligation under this agreement to anyone else and the obligations under this agreement shall survive indefinitely unless otherwise stated in the agreement. If I choose to waive or not enforce one or more terms of this agreement it does not in any way limit my right to later enforce every part of this agreement.
Governing Law:
This Agreement shall be construed according to the laws of the Province of Ontario.
Dispute Resolution:
Should we ever have differences, it is hoped that we could work them out amicably through email correspondence. However, if we are unable to seek a resolution within 14 days we agree now that the only method of legal dispute resolution that will be used as binding arbitration before a single arbitrator jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your payment made to date. No other actions are Financial Awards of Consequential Damages or any other type of Damages may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment and to any Court having the appropriate jurisdiction. You also agree that should arbitration take place it will be held in the Province of Ontario where my principal place of business is located and the prevailing party shall be entitled to all reasonable attorney fees and all costs necessary to enforce the decision of the arbitrator.
Non-Disparagement:
If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harm the reputation in any way, including social media. In arbitration or when required by law, of course, you're not prohibited from publicly sharing your thoughts and opinions.
By accepting, you acknowledge that you have read, understand, agree to and accept all the terms of the Woo Copy School Program Agreement.
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