DIVINE SPIRIT NETWORK/SACRED ROSE PRODUCTIONS/GLOBAL ARTISTS ACADEMY
TERMS OF AGREEMENT
By clicking “I Agree”, emailing your statement of agreement, providing your credit card information, or by signing an agreement on this page or other, or otherwise enrolling, electronically, verbally, or otherwise, in the course, program or service, you (“Client”) are entering into a legally binding agreement with Sacred Rose Productions, GLOBAL ARTISTS ACADEMY, LLC or any other named entity owned in part or whole by Orgena Rose (“Company”), according to the following terms and conditions:
COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to production, promotion, advertising, education, seminar, consulting, coaching, and/or business coaching (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of production, promotion, coaching or education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
COMPENSATION. Client agrees to compensate Company according to the payment schedule set forth on Company’s website, verbally or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in the agreement. By completing the application, signing below or giving your credit or debit card information, you authorize the Company to charge your credit or debit card or cash your check, as payment for your participation in the program.
DELINQUENT PAYMENT POLICY. Any outstanding payments are due, in full, within 7 days of the first declined payment. Email notifications of incomplete payments will be delivered, providing detailed steps to bring the account into balance. Once the account is brought current, no further declined payments are permitted. Should requests for payment receive no response or accounts remain overdue 7 days after the first declined payment, access to program benefits will be suspended or company shall charge a 5% (five-percent) or $35 late penalty whichever is greater to all balances that are not paid in a timely manner by Client. Access to the program and services will be reinstated if payment is made in full prior to the next installment date. By the time of the next scheduled payment (30 days from the last scheduled installment), should the account still be overdue and the client has not contacted the support team, the entire account will be turned over to collections. Accounts that reach suspension for the third time (as per Outstanding Payments above) will be turned over to collections. Clients whose accounts are referred to collections will be permanently suspended from all program benefits and unable to enroll in any future programs. Please know we do not implement this lightly. We take the client relationship to heart and know that payment and commitment are closely connected. It reflects respect and a transformation that begins upon saying yes to the enrollment. Investing and paying are part of the growth that our clients invest in.
REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels participation of the program for any reason whatsoever, Client will receive no refund after 30 Days. Payments already rendered for booked coaching or services are non-refundable, and the deposit for a coaching program or package is non-refundable – no matter if the Client uses and participates in her/his sessions or not or drops a session without a timely cancellation.
CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
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, Course or Services. This agreement is not transferrable or assignable without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, disclose, distribute, or otherwise disseminate or compete with any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. Regardless of the previous paragraph, 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 in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100 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. Client agrees that use of Company’s services is at Client’s own risk.
DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
CLIENT RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by client rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
PRIVATE COACHING/SESSION APPOINTMENT POLICY. The length of a Private Coaching session is normally 60 minutes but depends on the program chosen or otherwise agreed-upon with the Client. There is additional time necessary for filling out the focus and conclusion forms before and after a session or coaching, which can take up to 30 min. The Client is responsible for scheduling appointments, and to take care of receiving all the booked sessions and appointments. This happens through a designating scheduling website/software and/or with the help of the assistant. Appointments can be postponed or cancelled by the clients up to 12 hrs before the beginning of the session via scheduling website or email to the assistant. The postponed or cancelled appointment by the client must be rescheduled and made-up within the next 30 days expire and are not refundable. The deferral or cancellation of coaching appointments should be kept to a minimum and be reserved for real and true emergencies and scheduling conflicts. If a client doesn’t show or misses one or several sessions without a previous verbal or written deferral or cancellation in accordance with the above stated rules, the appointment and coaching session expires and is forfeit, and will not be refunded. If the facilitator postpones or cancels an appointment it will be made up at another time. Additional claims, notably for reimbursements or to claim damages will not be accepted.
USE OF COURSE/PROGRAM MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own well-being during the course/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 any consequences thereof. Company’s programs, courses, coaching and services are not therapy in a curative or medical sense. Each participant/client assumes full responsibility for himself before, during and after the coaching. The client confirms with his application and enrollment simultaneously that s/he feels mentally and physically healthy and is able to participate in the coaching sessions. The client is responsible for the application and implementation of the obtained work, forms, directions, information, tips, tools, strategies, and processes as well as for the results made possible by his own decisions and the implementation of that which s/he received and learned during the coaching.
TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. 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. Client also agrees to keep all information obtained throughout the course, service, program or other of the Company in the strictest confidence and shall use best efforts to safeguard the Company’s Confidential Information at all times. Client agrees not to alone or in association with others use the Confidential Information to (i) solicit, or facilitate any organization with which you are associated in soliciting, any employee, affiliate or customer of ours to alter his, her or its relationship with us; (ii) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which you are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by or under contract with us at any time during the term of this Agreement (provided, that this clause (ii) shall not apply to any individual whose employment or contractual relationship with us was terminated for a period of one year or longer); or (iii) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours; induce or attempt to induce, any such person or entity to cease doing business with us; or in any way interfere with the relationship between any such person or entity and us. Client shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information.
NON-DISPARAGEMENT. Client agrees that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. Client agree that it would be impossible, impractical or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that Company may determine to recover damages sustained by reason of each such breach, without prejudice to Company’s right to also seek injunctive or other equitable relief. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein 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 to disparage the other.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, 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.
CONTROLLING AGREEMENT. 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.
CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California 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 California, Los Angeles 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.
ENTIRE AGREEMENT. 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.
SURVIVABILITY. 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.
SEVERABILITY. 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.
OTHER TERMS. Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing, or giving a verbal agreement, or supplying credit card or other payment information, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with or without a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.