Client Agreement, Terms and Conditions
This Client Agreement (the “Agreement”), dated date of purchase (the “Start Date”), is made by and between Barefoot & Thriving and its Intuitive Rebirth Training Program having a business address of 423 Sebbes Road, Forest Grove, Western Australia 6286 (hereafter known as “Company”), and The Purcasher, (hereafter known as “Client”, and collectively, the “Parties”).
The Company agrees to provide Intuitive Rebirth Certification, (herein referred to as “Program”).
The Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
2. PROGRAM STRUCTURE
This Program ("Services") is an online programme with the Client having access to the Program from the Start Date. Client hereby engages Company to provide services as described below:
- Access to Intuitive Rebirth Practitioner Certification Course Material
- Access to The Intuitive Rebirth Community
3. UPGRADE TO 1:1 MENTORSHIP
The Client can choose to upgrade from the Program to 1:1 Mentorship. The cost of the Program will be utilised towards the cost of the Mentorship.
4. MENTORSHIP GUARANTEE
Under the Mentorship program the client is guaranteed to earn back the investment cost of the Mentorship within 12 months of completion of the Mentorship program. Should the Client not make this investment back the Company agrees to work with the Client until the investment is earned. To be eligible for the guarantee the Client must provide proof that all Mentorship teachings have been implemented.
5. LATE / MISSED PAYMENTS
If the Client elects to pay by monthly installments, all payments must be made every 30 days until all payments are complete as per agreed payment schedule, regardless of whether the Client completes the Program. In the instance of late payment, the Company reserves the right to suspend Services until payment is complete.
Unless otherwise specified in writing, invoices not paid within 30 days of the invoice date will accrue interest at 10% per month. The Client agrees to pay all reasonable attorney’s fees and or other fees or costs if the account is placed with an attorney or agency for collection.
6. PAYMENT PLAN CANCELLATION
Under extraordinary circumstances the Client can request to cease a payment plan. Written request must be submitted to the Company by email and can only be granted at the discretion of the Company. Should this request be declined, the Company will advise the Client by return email.
7. REFUNDS POLICY
The Client is responsible for full payment of fees for the entire Program, regardless of whether the Client completes the Program. To further clarify, no refunds will be issued.
The Company is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. The Client understands that the Company has not promised, shall not be obligated to and will not;
(1) procure or attempt to procure employment or business or sales for the Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
(3) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy; (4) act as a public relations manager;
(5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for the Client;
(6) introduce the Client to the Company’s full network of contacts, media partners or business partners.
The Client understands that a relationship does not exist between the Parties after the conclusion of this Program. If the Parties continue their relationship, a separate agreement will be entered into.
9. TERMS + CONDITIONS
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by us or our designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
The Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without our express written consent.
The information contained in our program material is strictly for educational purposes. Therefore, if the Client wishes to apply ideas contained in this material, the Client takes full responsibility for their actions.
The Company assumes no responsibility for errors or omissions that may appear in any Program materials.
The Company will keep all Client information private & confidential.
This Agreement shall remain in effect for a minimum 12-Months (on top of any additional kick-start payments), and then continue on a rolling either monthly or annual basis until cancelled in writing.
The Client understands that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. The Client will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. The Client understands that all decisions in these areas are exclusively the Client’s and the Client acknowledges that the Client’s decisions and actions regarding them are the Client’s sole responsibility.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Program (“Confidential Information”). 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 shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
11. NO TRANSFER OF INTELLECTUAL PROPERTY
The Company’s Program is copyrighted and original materials that have been provided to the Client are for the Client’s individual use only and a single-user licence. The Client is not authorised to use any of the Company’s intellectual property for the Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No licence to sell or distribute the Company’s materials is granted or implied. By purchasing this product, the Client agrees:
(1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company,
(3) the Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by purchasing this product, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
12. CLIENT RESPONSIBILITY
The Program is developed for strictly educational purposes ONLY. The Client accepts and agrees that the Client is 100% responsible for their progress and results from the Program. The Company makes no representations, warranties or guarantees verbally or in writing. The Client understands that because of the nature of the program and extent, the results experienced by each client may
significantly vary. The Client acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that the Client will reach their goals as a result of participation in the Program. The Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Company assumes no responsibility for errors or omissions that may appear in any program materials.
If any provision of this Agreement is held 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.
14. LIMITATION OF LIABILITY
The Client agrees they used the Company’s services at their own risk and that the Program is only an educational service being provided. The Client releases the Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. The Client accepts any and all risks, foreseeable or unforeseeable. The Client agrees that the 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 the Company’s services or enrollment in the Program. The Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
The Client may not assign this Agreement without express written consent of the Company.
The Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
The Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, the Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate the Client’s participation in the Program without refund or forgiveness of monthly payments if the Client becomes disruptive to the Company or the Participants, the Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by the Company. The Client will still be liable to pay the total contract amount.
The Client shall defend, indemnify, and hold harmless the Company, the 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 the Company, or any of its shareholders, trustees, affiliates or successors. The Client shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Client recognises 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. In consideration of and as part of my payment for the right to participate in the Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
19. EARNING DISCLAIMER
Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
20. DUTY TO READ
I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defence against all remedies contained herein.
I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.