Luscious Mastermind Program Agreement

Terms of Use

Luscious Mastermind Program Agreement

 

This Luscious Mastermind Program Agreement (hereinafter referred to as the “Agreement”) dated from the date of purchase (hereinafter referred to as the “Effective Date”), made by and between MILNE MEDIA, INC (hereinafter known as the “Company”) and YOU, the undersigned client (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”.

WHEREAS, the Company provides Brand and Business Coaching (“Services”); and
WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.
NOW, THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:

1. DESCRIPTION OF SERVICES

The Client understanding they are purchasing the right to participate in the Mastermind whereby the Company will personally provide high-level private coaching to the Client over a 6 month period (the “Program”).  

The Program includes the following:  
i. (2) 60-minute Group Q&A coaching calls per month.
ii. (1) 1:1 private coaching call per month.
iii. (1) Recorded training call per month.
iv. Private Facebook Group
v. (1) Luscious Mastermind Retreat, date TBD.
vi. Access to the group and private call recordings.
vii. The Client can ask questions or receive email support by contacting Betsy Milne and/or Laura Milne at [email protected] or in the provided Private Facebook Community.

The Clients success will depend on Your commitment, participation, and accountability to Your own growth and the Program.  The Client is responsible for scheduling and completing each private coaching calls based on the Company's availability.   The Client is responsible for the technology, fees, and related requirements for connecting with the Company (e.g. the calls).

2. DISCLAIMER
The Client understands that the Company is a BUSINESS COACH, LIFE COACH & SPIRITUAL TEACHER.
The Client understands that the Company is not an attorney, therapist, publicist, financial advisor, and/or accountant, or any other licensed or registered professional. The Company and Client’s work together is not a substitute for professional financial, business, or legal advice.  The Client confirms that if s/he is currently in therapy or otherwise under the care of a mental health professional, s/he will consult with this person regarding the advisability to work with a life coach or spiritual teacher, or receiving intuitive advice, and that this person is aware of your decision to proceed with the life and spiritual coaching relationship.

The Company and Client’s work together may address, among other things, goals, priorities, identifying resources, brainstorming, action plans, strategy, planning, mindset, and spiritual guidance. The Client understands that the Company does not guarantee any outcome, income revenue, transformation and/or profit from the Parties’ work together.  

The Client understands that all decisions in these areas are exclusively Yours and as the Client, you acknowledge that your decisions and your actions regarding them are yours (the Clients) responsibility.

3. EXPECTATIONS
The Company requests the Client to:

  • Book private coaching calls through the link provided in Your welcome email and show up on time for scheduled calls.
  • Cancel any private coaching calls 24-hours prior to the scheduled call time.  Last-minute cancellations may result in the forfeiture of your call.  Unused 1:1 calls are forfeited 30 days after the program officially ends unless otherwise agreed upon in writing.  
  • Dedicate time towards your personal motivation, implementation of strategies taught and engagement in group calls and discussion for your personal and business growth.
  • Show up on time for individual coaching calls.
  • Assume responsibility for the technology fees and related requirements for connecting with the Company (eg. the calls, Voxer or Zoom meetings).
  • Acknowledge and understand that the methods,  processes, and strategies taught in the Program constitute the Company’s proprietary system which is confidential, and for which the Company has full copyright protection. 
  • Further acknowledge not to duplicate, disseminate, distribute or otherwise disclose any part of the Program unless required to by Law. 
  • Respect the other members of the Program by maintaining the confidentiality of the fellow Program participants’ work and opinions shared n the group as well as keeping language positive and respectful.
  • Reach out to the Company if there are concerns regarding the content of the program, information shared by other participants, or issues with other Program members.


4. TERM
The Program is 6 months long (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.  

5. TERMINATION
The Company is committed to providing the Client with a positive experience in the Program. By signing and agreeing to the Agreement, the Client understands that the Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or terminate the Client’s participation in the Program without a refund or forgiveness of monthly payments if the Client becomes disruptive or violates any term of the Agreement.

The Company may also terminate services if, in its sole opinion, the Client is conducting themselves or their business in a manner which is disparaging, infringes upon its intellectual property or third-party intellectual property rights, or violates the confidentiality covenant stated below.

If the Client chooses to terminate the Agreement at any time, no refunds will be issued.

6. PAYMENT
The total price of the Program is 6 payments of $1200.00 USD, for a total of $7200 USD.

The Client may choose to pay in full for a discounted price of $6480.00USD (-10% discount), paid in full prior to commencing coaching services.

If the monthly payment plan option is chosen, monthly payments will follow on a 30 days basis from the date of enrollment for the entirety of the 6-month Program Agreement.  

The client personally  and  unconditionally  guarantees  to  make  the  subsequent  6  monthly  payments  of $1200 USD  via  automatic  credit  card,  which  will  be  automatically charged  a  total  of  6-monthly  recurring  payments  of  $1200  USD.  The Client will  be  charged  a one-time  $30  late  fee  for  each  payment  that  remains  unpaid  10  days  after  its  due  date.    If  the  payment  remains  unpaid  for  30 days  after  the  due  date,  the Client  will  be  temporarily  suspended  in  the  Program,  may  not  participate  in  coaching  calls,  and  may  not access  any  Program  resources  until  the  payment  is  made.   Monthly  Payments  are  due  regardless  of  whether  or  not  the Client  attends calls  or  fully  and faithfully  participates  in  the  Program.    


7. REFUND POLICY
The Client is responsible for the full payment of 6 monthly payments of $1200 USD (for a total of $7200 USD), regardless of whether the Client completes or participates fully in the Program. The Client, if choosing to Pay In Full is responsible for the full payment of $6480 USD, regardless of whether the Client completes or participates in fully in the Program. NO REFUNDS will be issued once the Program begins.

8. CONFIDENTIALITY                           
The 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 the 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 the Agreement.      
                     
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.

9. NON-DISCLOSURE OF COMPANY MATERIALS             
Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
                   
The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.
                           
Further, by signing below, 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.    
                                     
10. INDEMNIFICATION
Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors,  agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.

11. ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed-upon arbitrator under the then current rules of the Canadian Arbitration Association (“CAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a provincial court of Alberta. The arbitration hearing shall be held in the province of Alberta. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Company.

12. APPLICABLE LAW
This Agreement shall be governed by the laws of the province of Alberta.

13. ENTIRE AGREEMENT; AMENDMENT; HEADINGS             
This Agreement constitutes the entire agreement between the Parties with respect to their relationship and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.

14. COUNTERPARTS
The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
       
15. SEVERABILITY
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

16. WAIVER
The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.

17. NO ASSIGNMENT
The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.

18. FORCE MAJEURE
In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

19. NO GUARANTEES, WARRANTIES OR REPRESENTATIONS
The Client understands and agrees that the Client is 100% entirely responsible for his/her progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success.
The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement.

I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.

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