Please read carefully.
By purchasing this product you (herein referred to as “Client”) agree to the follow terms stated herein.
Vyana Magee - Spirit School. (herein referred to as “Company”) agrees to provide services of The Spirit School Independent Study Program (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Vyana (herein referred to as “Consultant,” “Guide” or “Vyana”), is not an employee, agent, lawyer, doctor, manager, therapist, business manager, accountant, psychotherapist, or financial analyst. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; or (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a coaching relationship does not exist between the parties after the conclusion of the Program. If the Parties continue their relationship, a separate agreement will be entered into.
A) (12) 120 minute Sessions with Vyana offered over the course of 16 months
B) (12) 90 minute Group Alumni Lectures offered over the course of 16 months
C) (12) 90 minute Independent Study Q&A Sessions offered over the course of 16 months
D) (12) Monthly Assignments given via email over the course of 16 months
LENGTH OF PROGRAM
The program runs from July 2017 - October 2018. The program will be active from July - October 2017, January - April 2018, and July - October 2018. Implementation periods will be taken from November - December 2017 and May - June 2018. During this time no group lectures, Q&A sessions, monthly assignments, or 1-1 sessions will be offered.
The program is a total of 16 months, including 12 active months and 4 inactive months.
Total price of this program is four thousand and eight hundred U.S. dollars ($4,800.00 USD) if paid in full.
Client has elected to pay by one of the following methods; In full ($4,800), as a deposit ($200) & remainder ($4,600), 2 payments ($2,500 each), or 12 payments ($430 each).
For those who pay in full, tuition ($4,800) is due 30 days before the program begins.
Payment plans will be activated as soon as the Client enrolls in the program and will automatically withdraw each month via the payment processing system, Moonclerk.
If Client is more than 10 days late on a payment plan payment, a $25 late fee will be added to each month's payment that has been missed until accounts are up to date. After 12 days of missed payments, access to the program will be suspended until Client’s payments are current.
Client is liable for the total cost of the Program even if they choose to not complete it. Company reserves the right to institute alternative collections actions including but not limited to; credit/debt collection service(s) or arbitration. Access to current Program will be revoked until account is current and all payments have been collected in full.
METHODS OF PAYMENT
However Client elects to pay, Client may do so by credit card or debit card. Client will be issued a payment form for the Program.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program and regardless of whether Client has selected a lump sum or payment plan. If Client elects to discontinue their participation in the Program for any reason, Client is still responsible for any and all outstanding balance(s). To further clarify, no refunds will be issued and all scheduled payments must be made on a timely basis.
SCHEDULED TIME FOR CALLS
Session times will be decided before session one of the Program and will be confirmed via email. If the schedule changes Company will notify Client. All calls are stated in Pacific Time.
The Company respects Client’s privacy and insists that Client respects the Company’s and Program. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared in the Program or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the representative who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during sessions, from the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with the Company. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Client agrees that if they violate or display any likelihood of violating this section the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Optional: FACEBOOK FORUM
Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Consultant will help and guide Client however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By submitting payment, Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
NON-SOLICITATION OF PERSONNEL
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of sixteen (16) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Violation of this section is grounds for termination of Client’s participation in the Program without forgiveness of monthly payments. Client will still be liable to pay the total contract amount.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
1) LIMITATION OF LIABILITY. Client agrees they used Company’s services at their 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 any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.
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.
2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
3) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.
4) TERMINATION. Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client become disruptive or difficult to work with, inhibits the participation of other Program Participants or upon violation of the terms. In the event Company terminates this Agreement due to a breach by the Participant, the Participant shall immediately cease using the Materials. The obligations of the Participant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.
5) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, 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. Client 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.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
7) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
8) NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: firstname.lastname@example.org
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Client.