The following is a binding
agreement between you ("enrollee") and Embracing Growth, LLC upon
application to our Coaching Program. By applying to this program you indicate
consent with this agreement whether you are accepted into the program or not.
By participating in the program,
you agree that this program is provided as-is and without warrantee or
guarantee and is for personal growth and personal development purposes only and
is not subject to any laws governing professional mental health counseling in
the state of Tennessee. You also agree to hold harmless and indemnify Jeff
Bayne and Embracing Growth, LLC, all its employees, agents and servants against
any and all claims and actions arising out of the participation in this
program, including, without limitation, expenses, losses, judgments, fines,
settlements and other amounts actually and reasonably incurred in connection
with any liability, suit, action, loss, or damage arising or resulting from
your participation in this program. While every precaution has been taken in
the preparation and execution of this program, Jeff Bayne and Embracing Growth,
LLC assume no responsibility for errors or omissions.
CANCELLATION
AGREEMENT
From the date of application to ten days after enrollment: full refund
available upon cancellation. After ten days from enrollment or from program
start date forward (whichever comes first): no refund available upon cancellation
for any reason
DEPOSIT
DUE
A $50 USD deposit is due immediately with the enrollee's application to reserve
evaluation of enrollee's application. No spot will be held without this deposit
for any reason. If the enrollee is not accepted into the program or if the
enrollee cancels in accordance with the Cancellation Agreement above, the
deposit will be promptly refunded.
If
the enrollee should default on any part of this agreement, enrollee will be
dismissed from the program without warning and will forfeit any fees paid to
the program.
INTELLECTUAL
PROPERTY
I understand that the material presented during the program is the intellectual
property of Embracing Growth, LLC and/or its contractors and agents and I will
neither record, nor distribute, nor share the content or materials in any way
without prior written consent from Embracing Growth, LLC.
JURISDICTION
AND VENUE
The courts in the State of Tennessee, USA and the nearest U.S. District Court
in the State of Tennessee shall be the exclusive jurisdiction and venue for all
legal proceedings.
CONTROLLING
LAW
This Agreement shall be construed under the laws of the State of Tennessee,
USA, excluding rules regarding conflicts of law. The application the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.
SEVERABILITY
If any provision of these terms is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary and possible to
render it valid and enforceable. In any event, the unenforceability or
invalidity of any provision shall not affect any other provision of these terms,
and these terms shall continue in full force and effect, and be construed and
enforced, as if such provision had not been included, or had been modified as
above provided, as the case may be.
FORCE
MAJEURE
We shall not be liable for damages for any delay or failure of delivery arising
out of causes beyond our reasonable control and without our fault or
negligence, including, but not limited to, Acts of God, acts of civil or
military authority, fires, riots, wars, embargoes, Internet disruptions, hacker
attacks, or communications failures.
