THIS AGREEMENT entered into on this __th Day of ____ 20__ is for the arrangement of business education, consulting and/or personal coaching between Tresa Leftenant, LLC, ("Company") dba A Wealthy Life for Her, whose office is located in Bellevue WA and _______ (“Client”) whose address is _____________________________ collectively, the "Parties."
Whereas: Client is desirous of engaging Company's services and/or programs for business education, consulting and/or personal coaching to do so and in consideration for the mutual covenants contained herein, the Parties agree to the following:
(1) COMPANY'S SERVICES: Upon execution of this Agreement and receipt of Fee (in full or in part) from the Client, the Company agrees to render services related to education, seminar, consulting and/or personal coaching as more specifically delineated in Exhibit "A" of this Agreement (the "Program"). The scope of services rendered by the Company under this contract shall be solely limited to those contained therein.
(2) COMPENSATION: Client agrees to compensate Company:
(a) PAYMENT: Client agrees to compensate company $399 (Three Hundred ninety-nine dollars per 60-minute session) to be paid to Tresa Leftenant LLC through Paypal (tresa@reinventingher.com) or through Zelle (tresaleftenant@gmail.com)
(b) PAYMENT TERMS: Parties agree that the services to be rendered are for personal consulting and education. Upon execution of this Agreement, Client shall be responsible for the full extent of the session Fee. Client may cancel the agreement in writing with 30 days’ notice. Client's acceptance of this agreement comprises Client's authorization for all charges outlined in this Agreement, if any, on or around the dates set forth herein. Upon execution of this agreement, all payments toward the Fee shall be collectible on the dates set forth herein and are non-refundable.
(3) 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 Company's prior written consent.
(4) NO TRANSFER OF INTELLECTUAL PROPERTY: Company's copyrighted and original materials shall be provided to the Client for her individual use only and a single-user license. Client shall not be authorized to use any of Company's intellectual property (trademarks The Wealthy Woman Blueprint™, Tresa Leftenant CFP® etc.) for Client's business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company's copyrighted Program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.
(5) LIMITATION OF LIABILITY: Client agrees to use Company's services at Client's own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable and unforeseeable. Regardless, if Company is found to be liable, Company's liability to Client or to any third party is limited to the lesser of (a) the total fees Client paid to Company. All claims against Company must be lodged with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company 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 Company's services or enrollment in the program.
(6) CLIENT RESPONSIBILITY: Client accepts and agrees that she is 100% responsible for his progress and results from the Program. Client accepts and agrees that she is the one vital element to the Program's success and that Company cannot control Client and/or Client's participation. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Company's services and extent of client's participation, the results experienced by clients significantly vary.
(7) NO SUBSTITUTE FOR MEDICAL TREATMENT: Client agrees to be mindful of her/his well-being during the Program and seek medical treatment (including, but not limited to psychotherapy) if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and/or any consequences thereof.
(8) CONFIDENTIALITY: Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information that: (a) is now or subsequently becomes generally available to the public; (b) the Company or Client had rightfully in its possession before disclosure by the disclosing party; (c) the Company or Client rightfully obtains from a third party. Company 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 Company, or otherwise, without the written consent of Client. Company 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.
To the extent that Client participates in group-coaching programs or interacts with other clients, Client agrees information received by Client about other client’s business or personal matters shall be considered Confidential Information and not be disclosed with the prior written consent of the disclosing party.
(9) NON-DISPARAGEMENT: If a dispute arises between Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth 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.
(10) INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Company, Company's officers, employers, employees, directors, related entities, 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 Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company's shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
(11) CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, it's representatives, or employees, the provisions in this Agreement shall be controlling.
(12) CHOICE OF LAW/VENUE: This Agreement shall be governed by and construed by the laws in the State of Washington without giving effect to any principles or conflicts of law. The parties hereto agree to submit to any dispute or controversy arising out of or relating to this Agreement to arbitration in the State of Washington, according 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 to enforce the provisions of this Agreement.
(13) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties about the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral and written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
(14) SURVIVABILITY: The ownership, non-circumvention, non-disparagement, proprietary rights and confidentiality provisions, and any provisions relating to the payment of sums owed outlined in this Agreement, and any other provisions that by their sense and context the parties intend to survive, shall survive the termination of this Agreement for any reason.
(15) SEVERABILITY: If any of the provisions contained in this Agreement, or any part of them, 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.
(16) OTHER TERMS: Upon execution of this Agreement by signature below, the Parties agree that any employees, associates, or assigns of the Parties are likewise bound by the terms of THIS AGREEMENT.
A facsimile, electronic, or emailed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument. By setting forth my hand below I warrant that I have complete authority to enter into THIS AGREEMENT.
For: Tresa Leftenant LLC
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Tresa Leftenant Date
For:
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Client Name Date
