MBA Group Coaching Participation Agreement
This Group Coaching Participation Agreement (“Agreement”) governs the terms and conditions for participation by the Participant, identified below (“Participant”), in the Beauty Brand MBA coaching program (“Program”) created by Trendcet, LLC (“Company”).
1. The Program
The Program is a coaching program with video training modules as the basis of knowledgeto educate small business owners on how to create and launch a beauty brand. The Participant will have access for twelve (12) months starting on the Program Start Date (“Program Start Date”) through the Program End Date (“Program End Date”). The Program Start Date is defined as the first day the Company provides Participant access to the Program. The Program End Date is defined as 12 months from the Program Start Date.
2. Program Fee and Payment Schedule
a. Program Fee. Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Company. If any payment is insufficient or declined for any reason, Company may remove Participant from the Program and shall have no liability in that regard. Participant agrees to pay all of their payments if they choose the payment plan.
b. No Refunds. Refunds of the Program Fee are not available after the initial 3 days. Participant agrees to make timely and full payments of the Program Fee to the Company even if Participant is unable to attend trainings, calls, or otherwise fully participate in the Program.
c. Possible 30-Day Guarantee. We want Participants to be satisfied with the programs that are offered and purchased from Company, therefore, a 30-day money back guarantee may be offered. To be eligible for the guarantee within the 30-days, Participant must have shown up for and actively participated in all events; taken all opportunities, including use of the private Facebook Community, ClickUp project management system, and events, to get their questions answered and understanding extended; and performed all actions of the modules provided to develop the transformation of the program.
3. Participant’s Conduct
Participant assumes all risk and/or liability that may arise or be incurred while participating in this Program.
Participant agrees to conduct him/herself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety and welfare of other Program participants and attendees. Participant acknowledges and agrees that Company reserves the right to remove Participant from the Program, without reimbursement, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
The Program may only be accessed by the Participant – the individual who is the customer on record with the Company. The Program, including any usernames, passwords, discount codes, content, materials, other resources may only be used by Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.
4. No Disclosure of Members or Suppliers
Member will not, at any time, either during Program participation or after Program participation terminates, in any fashion, form, or manner, either directly or indirectly, divulge, disclose, or communicate to any person, firm, or corporation, in any manner whatsoever, any information regarding any of the Members, suppliers, advertisers, vendors, or materials of the Program or the Company. Member agrees said information is proprietary to the Company and is owned solely by the Company, and that the disclosure thereof would be harmful and damaging to the Company’s business.
5. Not to Solicit Members or Suppliers
Member will not, either during Program participation or during the period of 18 months (eighteen months) after termination of Program participation, directly or indirectly, either for self or for any other person, firm, or corporation, take any action or perform any services which are similar to the actions taken or services performed by Member for Company during said time which actions or services are designed to, or in fact call upon, compete for, solicit, divert, or take away, or attempt to divert or take away, any of the Members, suppliers, endorsers or advertisers of the Company whom Member knew to be Members, suppliers, endorsers, or advertisers of the Company, within Company’s designated territory. Company’s designated territory is all 50 USA states.
6. Not to Carry on Similar Business
Member will not, either during Program participation or during the period of 18 months (eighteen months) after termination of Program participation will not, either directly or indirectly own, manage, be employed by, engage in, carry on or be connected in any other manner with any business in United States engaged in business operations or business owner lifestyle design consulting, coaching, services, digital products, physical products or any other business similar to the type of business conducted by the Company at that time. This does not include any of the same performed by Member before their time of enrollment to the Program.
7. No Disclosure of Information
Member will not, at any time, in any fashion, form, or manner, either directly or indirectly, divulge, disclose or communicate to any person, firm, or corporation, in any manner whatsoever, any information of any kind, nature, or description concerning any matters affecting or relating to the Program or the business of the Company, including, but not limited to, the names of any of its non-public Members, clients, or prospective customers or any other information concerning the Program or the business of the Company, its manner of operation, its plans, its vendors, its supplies and suppliers, its advertising and advertisements, its marketing and sales techniques, its manufacturing processes, its pricing and prices, or any other information of any kind, nature, or description, any or all of the foregoing matters are deemed confidential, material, proprietary or important to Company.
8. Access
Participant understands that his/her enrollment in the Program is for a period of twelve (12) months. Participant will have access to the Program Curriculum and Facebook Group but will not have access to Office Hours and Critiques after the Program End Date.
9. Release
Participant agrees that the Company may use any written statements, images, audio recordings or video recordings of Participant obtained while enrolled in the Program. This includes any content Participant may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Participant’s participation in the Program.
Participant waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Participant waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of the Participant’s estates have or may have by reason of this authorization.
10. Intellectual Property
All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by the Company or the Company partners presenting during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed, distributed or provided in connection with the Program for any reason without the prior written permission of the Company. Participants will not use any of the Program content or materials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program for any purpose other than exercising rights expressly granted to Participant by this Agreement.
11. Disclaimer of Warranties
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.
Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Company offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profits, marketing performance, customer growth, or results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing in the Program is a promise or guarantee to Participant of such results. Any examples of income earned by others or testimonials about this Program are not meant as a promise or guarantee of Participant’s own earnings or success.
12. Cancellation and Force Majeure
a) Company agrees to notify Member immediately if an emergency should prevent them from submitting requested Program materials.
b) Company shall not be liable to Member for any delay or failure to perform arising out of causes beyond its reasonable control, including, but not limited to, government authority, riots, pandemics, epidemics, unusually severe weather, fire, floods, war, terrorism, embargoes, labor disputes or strikes.
13. Governing Law; Venue; Dispute Resolution
This Agreement shall be governed by the laws of the State of Texas and any disputes arising from it must be handled exclusively in Texas. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
(a) PARTICPANT AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY [OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM]. OTHER RIGHTS THAT PARTICIPANT WOULD HAVE IF PARTICIPANT WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN PARTICIPANT AND COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Parties will be responsible for paying any individual consumer’s arbitration fees. If Party shall prevail on any claim that affords the prevailing Party’s attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) Participant may elect to pursue your claim in small-claims court rather than arbitration if they provide Company with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to the individual dispute or controversy.
(d) Participant agrees to an arbitration on an individual basis. In any dispute, NEITHER PARTICIPANT NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.]
14. Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced
15. Entire Agreement; Waiver
This Agreement constitutes the entire agreement between Participant and the Company and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
16. Effect of Headings
The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
17. Severability
If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
18. Acknowledgement of Terms. Member purchase and participation serves as acknowledgment that they have read and understand this document and what it means with respect to their participation, as well as agreement to terms therein. Member warrants, represents, and agrees that they have the full power and authority to enter into this agreement; and has obtained all necessary permissions or licenses from any necessary individuals or organizations prior to the Member’s participation.