The Master coaching programme is delivered under Crimson Catz® LLP. Service Agreement for Exhibit A - coaching – fee: £2,997 as one payment or split payment (deposit). THIS SERVICE AGREEMENT is made between Anita Amarissa and Sunita Johal ("Coaches") and You, the "Client". WHEREAS, Client desires to receive certain consulting services from the Coaches, and the Coaches desire to provide such services on the terms and conditions set forth herein. NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Coaches hereby agree to the following terms and all Exhibits to this
Agreement as follows:
1. Programmes. Under the terms of this Agreement, the Coaches agree to provide various styles of coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations and Videos, Workbooks, and Virtual Live Meetings plus evaluation in exchange for a Programme Fee. Your access to the programme is made conditional on payment of such Programme Fees.
2. Term. The term of this agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Programme Fee or successful approval and completion of 3rd Party Finance (“3rd Party Finance” – Approved finance provider facilitated by Crimson Catz). YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the Master Coaching Programme, unless otherwise noted in EXHIBIT A. Should 3rd Party Finance fail to be approved, this contract is null and void.
3. Compensation. Client agrees to compensate the Coaches according to the payment schedule set forth on EXHIBIT A for 4 weeks of access to the LIVE portion and use of the Master Coaching Programme and continued access to the training materials given.
4. Credit Card Authorisation and Receipt. When paying via the ‘Acuity scheduler’ through to ‘Square’ via debit card, or credit card. Should you, the Client not be able to pay through the payment provider, then they give the Coach permission to automatically charge Client’s credit card or debit card in the amounts set forth on EXHIBIT A via ‘Square’, or ask you, the client to pay via PayPal or alternative online payment. to the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorised to charge Client’s credit card(s) for any unpaid charges. If Client uses a multiple-payment plan to make payments to Coach, Coach shall be authorised to make all charges at the time they are due and is not required to seek separate authorisation to do so.
5. No Refunds. Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates, set forth in EXHIBIT A (as modified pursuant to the terms of this agreement). If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund.
6. No Extensions or Pauses, the course is twelve weeks in duration, to occur consecutively and continuously starting on the enrolment date triggered in Item 2 - Term and/or EXHIBIT A. No extensions or pauses are to be granted to YOU, all webinars will be recorded and made available to you at least up to 24hrs after the session.
7. Promotional Material By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Programme(s) offered by Coach, YOU affirmatively agree and acknowledge that Coach may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Programme(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Programme(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
8. Chargebacks and Payment Security. Client hereby agrees not to make any chargebacks to Coach’s account. Client further agrees to not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Coach's collection of payment hereunder.
9. Failed Payments. In the event Client fails to make any of the payments either directly to the Coach or via 3rd Party Finance within the time prescribed, Coach has the right to immediately cease all work until payment in full is paid. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 1% per month.
10. No Transfer of Intellectual Property. Copyrighted and original materials created by the Coach and/or Team of Experts (“Team”) shall be provided to the Client for Client's individual use only. Client shall not be authorised to use any of Coach’s or Team’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s or Team’s copyrighted course materials, shall remain the sole property of Coach. No license to sell or distribute Coach’s or Team’s materials is granted or implied.
11. Non-Solicitation Client agrees not to solicit business from or enter into business relationships with any of Crimson Catz's past or current clients via online or offline communities. Offering commercial services to programme graduates or current participants is prohibited. Client agrees not to hire or enter into agreements with Coach’s or Team’s current contractors, team members, or employees.
12. No Distribution of Services. Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any commercial purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third party access to the Services or any other goods and services provided in connection therewith (including course materials).
13. Non-Compete. Client agrees not to teach or coach on topics or information similar to or learned in any portion of the course materials in their own businesses. Clients may not re-teach or coach on any topics included in the Master Coaching Programme in their own Business in any form. This includes but is not limited to any portion of the Service, any coaching received from Coach or any member of Crimson Catz’s coaching team. Client agrees not to launch or offer programmes that are in direct competition with Coach or Team.
14. Confidentiality. Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity. Client will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name. Client also acknowledges that all calls are being recorded and that they are for training purposes only, to be used exclusively by Coach and Team.
15. Good Faith. Each party hereto represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
16. Personal Responsibility & Assumption of Risk. Client acknowledges that Client takes full responsibility for all decisions made before, during and after the Services and knowingly assumes all of the risks of the Services, whether known or unknown, related to Client’s use, misuse, or non-use of the Services or any of the Services materials. Client accepts and agrees that client is 100% responsible for client's progress and results from the Services, and Coach makes no guarantees as to the outcome of the Services. Client accepts and agrees that client is the one vital element to success and that Coach cannot control Client.
17. Disclaimer. Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s medical doctor, therapist or physician. Client hereby acknowledges that Coach is not an employment agent, business manager, financial analyst or psychotherapist. If Client is presently under any form of psychiatric care, psychological therapy, specialised medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together. Client understands that while Coach has used care in preparing the information provided to Client, the Services and Service materials are being provided as self-help tools for Client’s own use and for informational and educational purposes only. Client agrees that Coach is not responsible for Client’s physical, mental, emotional and spiritual health, for financial earnings or losses, or for any other result or outcome that Client may experience through these Services. Nothing related to this Programme is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. Do not start or stop taking any medications because of anything you have read or received through these Services.
18. No Warranty. COACH MAKES NO WARRANTY THAT THE SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME RESULTS. THE SERVICES (AS DEFINED HEREIN) AND ALL OTHER GOODS AND SERVICES PROVIDED BY COACH HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT THE SERVICES (AS DEFINED HEREIN) OR ANY OTHER GOODS AND SERVICES PROVIDED BY, THROUGH OR ON BEHALF OF COACH UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
19. Limitation of Liability. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions and client's use of the Services. In no event will the aggregate liability of Coach with regard to this Agreement, the Services (as defined herein), or any other goods or services provided or failed to be provided under this Agreement exceed the compensation paid by Client to Coach under this Agreement. All claims against Coach or any of Coach’s team, staff, employees, shareholders, directors, officers, or contractors must be lodged with the entity having jurisdiction within 100 calendar days of the date of the events first giving rise to the claim or otherwise be forfeited forever. Coach shall not be liable for any indirect, consequential, special or exemplary damages (including, without limitation, damages for any loss of profit, revenue, data, business or use) even if such party has been advised of the possibility of such damages.
20. Indemnification. Client shall defend, indemnify, and hold harmless Coach and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities 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 Services and other goods and services in connection herewith. Client hereby agrees that Coach's employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Coach.
21. Termination. Should Client wish to terminate this Agreement, Client is to notify the Coaches by sending an e-mail to Crimson Catz at email@example.com. In the event that Client is in arrears of payment or otherwise in default of any of the terms of this Agreement, or chooses to voluntarily terminate this Agreement, all payments due hereunder for Services provided or to be provided by Coach to Client shall immediately become due and payable. Coach shall be allowed to immediately collect all such sums from Client and, at Coach's option, terminate providing further Services to Client and/or this Agreement. In the event that Client is in arrears of payments to Coach, Client shall be barred from using any of the Coach’s Services. In addition, Coach may, at any time and without cause, terminate this Agreement, at which time any and all amounts representing Services and other goods and services actually provided by Coach to Client shall immediately become due and payable.
22. Non-Disparagement. Client agrees to not publicly or privately make any negative or critical comments about the Coach, Services, Coach’s business or contractors or to communicate with any other individual, company or entity in a way that disparages the Coach, Services, Coach’s business or contractors, or harms the reputation of the foregoing in any way, including on social media at any time. As a part of the legal process, of course, Client is not prohibited from publicly sharing your thoughts and opinions.
23. Additional Terms. Client may not assign or otherwise transfer this Agreement, in whole or in part, without the prior written consent of Coach. Any attempt by Client to assign or otherwise transfer this agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of law principles. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction and venue of courts sitting within Erie County, New York, and the parties consent to the personal and exclusive jurisdictions of these courts.
If for any reason any provision of this Agreement is held to be invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
Any modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorised representatives of the parties hereto. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorised representative of such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.
Neither party will be responsible for any failure or delay in performing any of its obligations under this Agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labour disputes, strikes, lockouts, shortages of or inability to obtain labour, energy, raw materials or supplies, war, riot, act of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed thirty days from the date of notice of failure.
The parties are independent contractors and neither this Agreement nor any provision hereof shall be deemed to create any relationship of joint venture, partnership, franchise, employment, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
This Agreement contains the complete understanding and agreement of the parties hereto and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein. This agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument. Delivery of an executed signature page by any electronic means (including via any electronic or digital signature) shall be deemed effective as delivery of a validly binding original signature hereto. All exhibits attached to this Agreement will be deemed a part of this Agreement and incorporated herein by reference. The term “Agreement” refers to this Service Agreement and all of the exhibits attached hereto. Each party represents and warrants that, on the date first written above, they are authorised to enter into this Agreement. IN WITNESS WHEREFORE, the parties hereto have executed this agreement as of the date first set forth above.
EXHIBIT B COACHING CHECK IN WAIVER & RELEASE I voluntarily desire to participate in the Master Coaching Programme that will be performed by Anita Amarissa and/or Sunita Johal (“Master Coaching Programme Experts”). In exchange for participation in the Master Coaching Programme. Check In and the services and expertise provided by the Master Coaching Programme Expert, I agree to the following: I take full and sole responsibility for my life and well-being and all decisions made before, during and after each Master Coaching Programme Check In. I acknowledge that I am choosing to participate voluntarily in the Master Coaching Check In and I recognise that the Master Coaching Programme Check In, while planned with care and love, may contain certain inherent risks or reveal information to me about myself or my mindset that stretch me or invite me to grow outside of my comfort zone. I agree that I expressly assume the risks, both known and unknown, of the Master Coaching Programme Check Ins in which I participate, and I am aware that I may voluntarily decline participating in the Master Coaching Programme Check In at any time. (Please note that should you decline to participate in or choose not to complete in a Master Coaching Programme Check In at any time, no refunds or exchanges will be provided for the time not used.)
I agree to follow any instructions or directions given by the Master Coaching Programme Expert before, during and after the Master Coaching Programme module. I understand that the information provided during or revealed through the Master Coaching Programme module is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by my own physician, therapist, or any other licensed or registered mental or physical health care professional. I understand that the Master Coaching Programme Expert is not acting in any capacity as a medical or mental health care provider and they are not giving medical advice. I understand that the Master Coaching Programme Expert is not providing health care, medical, mental health, or therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human mind, body or spirit during the Master Coaching Programme Check Ins. Rather, she is serving in their capacities coaches, mentors and guides to provide me with education, information, and tools to assist me in my own self-care, personal growth, and business growth. I agree to disclose any physical limitations that may impact my breathing or any other health or mental condition that may be affected during the Master Coaching Programme module. If I suspect that I have a medical or mental health emergency, issue or concern during the Master Coaching Programme, I agree to inform the Master Coaching Programme Expert immediately. I agree to seek the advice of my physician regarding any questions or concerns I have about my specific health situation, including but not limited to possible or actual pregnancy or any medications I am currently taking. I agree to not disregard or delay seeking professional medical advice or stop taking any medications without speaking to my own physician or mental health care provider.
At any time before or during the Master Coaching Programme Coaching Check In, should I know or fear that I may cause imminent harm to myself or any other person, I understand and agree that I am immediately obligated to let the Master Coaching Programme Expert know and to remove myself from the situation in a peaceful and cooperative manner; otherwise, I consent that I may be asked to not participate in the Master Coaching Programme Check In, leave or end the Master Coaching Programme Check In, and/or have immediate physical or mental health care administered to avoid causing mental or physical harm to myself or others.
I consent to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during any live, in-person Master Coaching Programme Check In, and I agree to hold the Master Coaching Programme Expert harmless as a result of any such injury or damage I may suffer due to the application of medical or mental health services or treatment. I also agree and consent that the Master Coaching Programme Expert or her agent may contact an emergency contact and share detailed information about the emergency I hereby release the Master Coaching Programme Expert ( Crimson Catz) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which I have ever had, now claim to have, or may claim to have in the future against the Master Coaching Programme Expert (Crimson Catz) arising from my past or future participation in, or otherwise with respect to, the Master Coaching Programme session, including the results and information that may be revealed or discussed with the Master Coaching Programme Expert before, during or after each Master Coaching Programme session.
In no event will the Master Coaching Programme Expert (Crimson Catz) be liable to any party for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on the Master Coaching Programme sessions, the information revealed in or through the Master Coaching Programme sessions, or other related programmes and/or services, including, without limitation, personal injuries, accidents, misapplication of information, business revenue increase or decrease, or any other loss, malady, disease or difficulty, or otherwise, personally or professionally, even if I am expressly advised of the possibility of such damages or difficulties. I have carefully read this document and by initialling below I consent to all parts of it. I understand that by initialling this Waiver and Release, I voluntarily surrender certain legal rights.
You confirm your agreement by ticking the ‘terms and condition’ box when prior to payment. Should you decline, then do not go ahead with the booking.