1.Terms of Purchase.
By signing where indicated below, You agree to pay the amount, and in the manner, as is set forth in Schedule A (the “Program Tuition”), representing the amount that You and the Coach have agreed upon for Your purchase of the Program and Coaching Services, as applicable. By signing where indicated below, You agree to be bound by the terms and conditions set forth in this Agreement. Amount agreed on USD.12,222 paid in installments. A grant of USD 1,111.00 is provided if paid in full.
- Coaching Services.
The nature and frequency of all Teaching and Coaching Services to be provided to You may be amended upon the mutual agreement of You and the Coach from time to time. This schedule may change as the Coach sees fit.
- Program Participation at Your Own Risk.
THE COACH DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY SPECIFIC PERSONAL, PROFESSIONAL OR FINANCIAL RESULTS BY YOUR PARTICIPATION IN THE PROGRAM. THE COACH DOES NOT GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT OF INCOME AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM. THE COACH MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES CONCERNING THE VIABILITY OF ANY GOALS, ASPIRATIONS OR ENDEAVORS YOU MAY IDENTIFY OR CHOOSE TO PURSUE DURING OR AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM OR YOUR RECEIPT OF COACHING SERVICES. YOU AGREE TO PARTICIPATE IN THE PROGRAM AT YOUR OWN RISK. PROGRAM INFORMATION AND COACHING SERVICES ARE USED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS AND ACTIONS THAT RESULT FROM YOUR USE OF PROGRAM INFORMATION AND COACHING SERVICES. THE COACH DOES NOT PROVIDE PSYCHOLOGICAL, INVESTMENT OR FINANCIAL ADVICE.
- Term; Termination.
(a) Term. This Agreement shall commence as of the Effective Date and shall continue thereafter until the completion of the Coaching Services, unless sooner terminated pursuant to this Section 4 (the “Term”). (b) Termination. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Unless otherwise mutually agreed to, by the Parties, termination will not release either Party from any obligations that arose prior to the date written notice of termination was given. In addition to any remedies that may be provided in this Agreement, the Coach may immediately terminate this Agreement, upon notice to You if You:
(i) fail to pay any amount when due under this Agreement; and/or,
(ii) are in material breach of this Agreement and either the breach cannot be cured or, if the breach can be cured, it is not cured within ten (10) days following Your receipt of notice of such breach from the Coach. (iii) not in compliance with coach or program instruction and fail to complete assignments or work provided on time.
(c) Survival. Any provision or covenant in this Agreement which expressly or by its nature imposes obligations beyond the expiration or termination of this Agreement (regardless of cause for termination), will survive such expiration or termination, including but not limited to Sections 3 through to and including 13.
- Refund Policy.
The Program Tuition, or any part paid thereof, shall be NON-REFUNDABLE following Your execution of this Agreement, provided that the Coach may, in his/her sole and absolute discretion, elect to issue a full or partial refund to You where exceptional, unusual and/or extraordinary circumstances exist. All funds paid by You to the Coach are deemed earned upon receipt.
- Ownership Rights and Proprietary Information.
Fatima Mosala Inc. owns all rights, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information related to the Program. You agree that all materials provided to You as part of the Program, which are confidential and proprietary in nature, will be held in confidence and not disclosed by You to anyone without the Coach’s written consent. Any external links, membership, licensing, program access, documents or materials are respectfully considered intellectual properties of their original producers and Fatima Mosala Inc. being a custody or license provider act on their behalf with respect to this matter. Any breach, misuse or voluntary share of such access or content provided in whole or parts is subject to immediate termination and legal act.
- Intellectual Property.
All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Program (the “Fatima Mosala Inc. IP”) are the property of Fatima Mosala. You agree not to interfere or infringe upon the Fatima Mosala IP by, among other things, the following: (1) duplicating or creating works (including any derivative works) that are the same or substantially similar to the Fatima Mosala IP; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the Fatima Mosala Inc. IP; (3) use, manufacture, import, or sale of any product or service that infringes upon the Fatima Mosala IP; and (4) any action that would pass off or create the appearance of an association with or endorsement by Fatima Mosala. You may not advertise, promote, post or otherwise hold Yourself out as having completed the Program if You have not done so.
- Consent to Use Likeness.
By utilizing the Program, You expressly grant the Coach the right to capture, record, replicate, reproduce, publish and otherwise disseminate Your name and likeness, in video, audio, digital or other format, derived from Your utilization of the Program or in events associated with Your utilization of the Program for use by the Coach in any and all promotional, educational or marketing material. By signing this agreement you give Fatima Mosala Inc. and Fatima Mosala your consent and release to use those videos, audios or content created during your participation in the program.
You agree to indemnify, hold harmless and defend the Coach against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable legal fees) relating to Your utilization of the Program and/or Coaching Services or relating to Your material breach of this Agreement.
- Limitation of Liability.
THE COACH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE OR PROFITS) RELATED TO YOUR UTILIZATION OF THE PROGRAM AND/OR COACHING SERVICES. UNDER NO CIRCUMSTANCES SHALL THE COACH’S LIABILITY, IF ANY, EXCEED THE PROGRAM TUITION.
You acknowledge and agree that Fatima Mosala Inc. may modify or amend the Program, in its sole and absolute discretion. If any such amendment/modification is unacceptable to You, Your only recourse is to terminate this Agreement. Your continued utilization of the Program following the posting of a change notice on the Website will constitute Your binding acceptance to any such modifications or amendments.
- Dispute Resolution.
Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the Canadian Arbitration Association (the “CAA”) with the appointment of a single arbitrator. The CAA rules and procedures governing civil proceedings shall apply to the proceedings. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section 12 or otherwise seek applicable injunctive or equitable relief. The arbitration shall be held in Toronto, Ontario. Both Parties hereby irrevocably consent to CAA arbitration in Toronto, Ontario, as well as the jurisdiction of the courts located in Toronto, Ontario for injunctive, equitable relief and enforcement purposes. Any arbitration award shall be final, binding and non-appealable. All awards may be filed with one or more courts, provincial, federal or foreign, having jurisdiction over the Party against whom such award is rendered or such Party’s property.
- General TERMS:
- This Agreement is binding on the Parties. It is not assignable or transferable, by operation of law or otherwise, by You without the prior written consent of the Company. This Agreement shall be interpreted according to the laws of the Province of Ontario. If either Party fails to enforce this Agreement on one occasion, it will not be prohibited from enforcing this Agreement on another occasion. No Party shall be liable or deemed to be in default for any delay or failure to perform under this Agreement or for interruption of its obligations under this Agreement, except for payment obligations, resulting directly or indirectly from any cause beyond such Party’s reasonable control.
- This Agreement, and its schedules and referenced policies of the Company, set forth the entire understanding of the Parties, and supersedes all prior agreements and undertakings, both written and oral, between the Parties, with respect to the subject matter hereof. If any provision of this Agreement is deemed illegal, invalid or unenforceable, then such provision shall be considered separate and severable from this Agreement and the remainder of this Agreement shall not be affected by the severance, but shall remain in force and binding upon the Parties and enforceable to the fullest extent of the law.
- The CLIENT and ATTENDEE understands that coaching is not advice, psychotherapy or counseling and those professional referrals will be given, if needed. The client enters into coaching with the understanding that they are responsible for creating their own results. Throughout our coaching partnership, the Coach will engage in very direct and personal conversations with the client, which will include asking explicit questions and making direct requests.
- Client waives all claims to ownership of materials and remarks by any person arising out of or made at the Prosperity and Success coaching program and acknowledges copyright ownership of the same by Fatima Mosala Inc.
- Client acknowledges that Prosperity and Success coaching programs feature robust discussions, and consents to all remarks concerning Attendee and others, whether asserted as opinion, fact, parody or otherwise.
- Client represents that he/she is not under, any professional restriction to avoid stress or confrontation, is physically and mentally able to attend the call, will not require medical care or medical supervision during the coaching program, has no life-threatening conditions, and will abide by any necessary medication and otherwise will abide by the recommendations of his/her medical professionals. These representations by attendees shall remain effective throughout the coaching program.
- Prosperity and Success coaching program materials and remarks, including recorded portions, may not be used, quoted or reproduced without advance written authorization signed by Fatima Mosala.
- Client and attendee acknowledges that no part of Prosperity & Success Program marketing, presentations, materials or remarks, including those by speakers and attendees, are legal, accounting, investment or tax advice or representations of outcome inside Canada or in any other country. Such advice and representations are disclaimed. Each Attendee will assess the individual suitability of all coaching materials and remarks with his/her/its own independent legal, financial and tax advisors prior to investing or otherwise acting thereon as Attendee deems appropriate. Attendee covenants not to sue Fatima Mosala Inc. or any representative, agent thereof, or other Attendee based on the content of Seminar marketing, presentations, materials or remarks.
- Attendees are persons selected by Fatima Mosala. Therefore, your purchased position may not be transferred, assigned, pledged, or hypothecated in any way, including by operation of law. No other person may use the purchased position in your place.
- You agree to participate in any post-deposit telephone calls or virtual meetings with Fatima Mosala or her determined representative to assist in the determination of your compatibility for the program.
- Speech or behavior determined in Fatima Mosala’s sole discretion at any time, as unstable or disruptive, or which causes concern for the well-being of attendees, speakers, vendors or staff, or use of illicit drugs, shall be cause for removal, or expulsion of said attendee, without refund and at attendee’s sole expense. Fatima Mosala’s determinations are final and binding.
- No provision hereof may be modified or except by specific writing signed by Fatima Mosala. No failure by Fatima Mosala Inc. to insist on strict performance of these terms on any particular instance shall be deemed a waiver of any part of this Agreement. An emailed version of all pages of this Agreement shall be acceptable for all purposes in lieu of an original.
- Each client and attendee agrees to provide accurate information and the requested documents to Fatima Mosala Inc. to establish compliance with respective government and legal institutions, forums and parties. Any misrepresentation by an attendee may result in cancellation without refund in Fatima Mosala’s sole discretion.
- All bank charges or other fees for payments and refunds are at the Client’s own expense.
SCHEDULE A PROGRAM TUITION
$12,222 USD paid in 4 monthly installments of $3,055.5 USD, to be charged to the clients credit card monthly. OR
$11,111 USD paid in full after receiving a grant of $1,111 USD.