By visiting JujuFierce.com and its community, you agree to these terms and conditions:
The terms “we”, “us”, “our”,”Fri Chihak” “Juju Fierce” refers to JujuFierce.com. The term the “Site” refers to JujuFierce.com and its community .
It also refers to all online or offline courses, programs, retreats, masterminds, communities and sites connected with JujuFierce.com.
The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
JujuFierce.com is a website where users can opt-in to receive valuable information, subscribe to, read articles, watch videos on sorcery, metaphysics, manifesting, business success, morphing reality and more.
Users may purchase memberships, intimate group coaching, guidance, tools, solutions, online courses, workshops, retreats, VIP days, 1:1 coaching, bespoke services, masterminds, programs,
subscriptions, products and more, related to personal growth, spiritual growth and metaphysics (the“Service”).
Use of JujuFierce.com and its community, including all materials presented herein and all online services provided by Fri Chihak and team is subject to the following Terms and Conditions.
These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product/service from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Information provided on the site is subject to change.
Juju Fierce makes no representation or warranty about the information provided, regardless of its source (the “Content”). Fri Chihak & Juju Fierce disclaim all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the services of JujuFierce.com, you may be required to provide information about yourself including your name, email address, username and password and other personal information.
You agree that any registration information you give to Juju Fierce, will always be accurate and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
You may use the site and its services for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the services, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site.
You agree to use the site and to purchase services or products through the site for legitimate, non- commercial purposes only.
You shall not post or transmit through the site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Fri Chihak & Juju Fierce reserve the right to refuse service to any order, person or entity without obligation to assign reason for doing so.
Fri Chihak & Juju fierce reserve the right to limit the number of participants in any given online course, workshop or program.
Fri Chihak & Juju Fierce may at any time change or discontinue any aspect or feature of the Site or Service.
We will email you to confirm the placement of your order and with details concerning product or service delivery.
In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
Membership to Juju Fierce or Mastery Club are locked in at the rate you signed up for, unless where otherwise indicated. If you cancel your membership and decide to return, you will enroll at the higher available rate.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
If you have submitted a deposit or payment in full for a service, Fri Chihak has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
All digital product sales are final due to the nature of downloadable files and your irrevocable access to them once they’ve been delivered.
If you’re on the fence about whether or not something would be a good fit for you, please email us at TeamJuju@jujuFierce.com at any time to ask questions you may have.
Memberships to Juju Fierce , Mastery Club and other subscription based offers are non refundable for the months paid.
You can cancel at any time.
Pre-order items/services are 100% refundable up and until the product/service/s delivery start date.
Other programs and services may or may not have money back guarantees. Please double check each offer or email us at TeamJuju@JujuFierce.com to verify the refund policy for the offer you’re interested in.
We endeavor to describe and display the service or product as accurately as possible. While we try to be as clear as possible in explaining the service or product, please do not accept that the site is entirely error-free.
From time to time we may correct errors in pricing and descriptions. We do our best to keep thing up to date. We reserve the right to refuse or cancel any order with an incorrect price listing.
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right.
The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Fri Chihak & Juju Fierce from any claim against us, resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties. Fri Chihak reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
Fri Chihak does not claim ownership of Material you supply to the Juju Fierce community and sites.
However, the act of posting Material to the site conveys an irrevocable, worldwide license to Juju Fierce to use and distribute the posted Material in connection our website and any related Juju Fierce publications.
You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through us.
By submitting Material to Juju Fierce, you agree to hold Fri Chihak and Juju Fierce harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
All content provided on the Site, services, products, are the intellectual property of Fri Chihak & Juju Fierce. The content of the Site, the Services and products are protected by United States trademark, trade dress and copyright law.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way, exploit in any format whatsoever any of the content of the Site, Service or products, in whole or in part without our prior written consent from Fri Chihak.
You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from Services, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and advice on metaphysics, sorcery, manifesting, bending reality, creating wealth, marketing, and online business success.
Some of the links to these tools and websites are regular links.
And some of these links are links that, if you click them and purchase, I might get a commission in exchange. Know that I only recommend products and/or services that I use and find valuable myself. I do not recommend you purchase products and/or services that you do not think would be useful or valuable for your own use.
When i partner with other coaches or business owners that I trust and value the quality of their work, i may send you emails to their sites offering something of value. If you should make a purehase there, I get a commission.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments.
We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, Services or products.
Additionally, Fri Chihak & Juju Fierce are not liable for damages in connection with:
(i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure;
(ii) loss of revenue, anticipated profits, business, savings, goodwill or data;
(iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Fri Chihak has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
In no event shall Fri Chihak cumulative liability to you exceed the total purchase price of the Service you purchased from Fri Chihak or Juju Fierce and if no purchase has been made, Fri Chihak’s cumulative liability to you shall not exceed $100.
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources.
Links to such websites or resources do not imply any endorsement by or affiliation with Fri Chihak or Juju Fierce. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.
You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary.
You shall not settle any third party claim or waive any defense without our prior written consent.
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement 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 Fri Chihak.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Juju Fierce 3 Grant Square #133 Hinsdale IL 60521.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of IL as applied to contracts that are executed and performed entirely in IL.
The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be IL.
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The American Arbitration Associateon or any other procedure upon which the parties may agree.
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 term, provision, covenant, or condition of this 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.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
There may be variations to this Coaching/Consulting Agreement, depending on each coaching offer. Please email TeamJuju@JujuFierce.com for the appropriated agreement relayed to the services you’re interested in.
By clicking “I Agree”, emailing your statement of agreement, entering your credit card information, making payment, or otherwise enrolling, electronically, verbally, or otherwise, in the coaching/consulting services (“Services”), course or program (“Program”), you (“Client”) are entering into a legally binding agreement with Juju Fierce.com (“Company”), according to the following terms and conditions:
“Client” means the person or business, as relevant, engaging the Services; “Coach” means Fri Chihak of JujuFierce.com, 3 Grant square #133 Hinsdale, IL 60521
1 PURPOSE OF THIS AGREEMENT
1.1 The purpose of this document is to formalize agreement for the Services to be provide outlined in our Proposal on the terms set out in this Agreement (‘the Terms’).
1.2 The Client will be providing certain Confidential Information which is proprietary to the owner to enable the Coach to provide the Services, which the Coach agrees to keep confidential.
1.3 The Client agrees to make payment for the Services in accordance with the terms of this Agreement and the Proposal or a a modified version agreed to, by Client and Coach.
1.4 Any intellectual property which may be developed, written, designed, or provided during the performance of the Services will remain at all times with the Coach as proprietary property.
1.5 The terms of this Agreement outline and govern the parties arrangement for these Services as follows:
2 DEFINITIONS
2.1 “Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business structures, methods, procedures, financial and personal information.
2.2 “Materials” means newsletters, reports, advertising, audio, promotional, literature, written documents, questionnaires, videos, specifications or other material which may be required to assist and enable the Services to be performed.
2.3 “Proposal” means the outline for coaching services provided to the Client prior to any Services being provided.
2.4 “Services” means personal growth, manifesting, metaphysical, educational and training services, business start-up, marketing, growth strategy and other similar services provided and outlined in the Proposal.
3 SERVICES
3.1 The Client appoints the Coach for the Services as outlined in the Proposal. The Client accepts the Services and is bound by these Terms (or terms modified and agreed upon by client and coach) when the Client instructs the Coach to proceed, by making a payment, or by confirming acceptance via email or other written means.
3.2 The Coach agrees to provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements.
3.3 Any specific terms and requirements relating to the Services required by the Client will be agreed in writing and notified to the Coach in advance.
3.4 Services may be provided face-to-face, telephone or alternative means such as Skype, Zoom, Facebook video messaging, as agreed in the Proposal or otherwise in writing. The Client is responsible for ensuring they have the appropriate facilities available as agreed and nominated in the Proposal.
3.5 All sessions must be scheduled and agreed in advance by the Coach including any sessions which are rescheduled due to unavailability of either party. The Services are non-transferrable and apply only for and to the Client as agreed in this Agreement. At no time may they be transferred to any other third party, group or entity.
3.6 In the event that a Client is unable to attend or wishes to reschedule their appointment, a minimum of forty eight (48) hour notice is required to permit the Coach to offer this session time to another Client. Any sessions that are not notified to the Coach for cancellation or rescheduling prior to this forty eight (48) hour requirement may be forfeited and may not be rescheduled.
4 WARRANTIES AND REFUNDS
4.1 Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the United States Consumer Law. At no time are these statutory rights sought to be excluded.
4.2 The Coach represents and warrants:
(a) in providing the Services, they will comply with all law and industry standards;
(b) the work performed to provide the Services will be done to a high standard in accordance with best practice;
(c) the scope of the Services will be limited to the description provided in this Agreement (or a modified version, agreed upon by Client and coach) and the Proposal unless otherwise agreed in writing from time to time.
(d) Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Coach, it would benefit the Client or be required to meet the terms of this Agreement.
4.3 The Client represents and warrants:
(a) they will provide all relevant information required for the Coach to carry out the Services in a timely manner;
(b) they hold the relevant and required current insurances to protect the Coach (where relevant) including against any third party claims.
4.4 The Client acknowledges and agrees that:
(a) results of the Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the Client and individual to meet their own requirements.
(b) The Coach cannot and does not guarantee any particular or any results and the Client is solely responsible for their progress.
(c) If any time during the Services the Client feels their progress is not as expected, it is the responsibility of the Client to advise the Coach immediately of any concerns in order to give the Coach an opportunity to address and assist. The Coach will use reasonable efforts to resolve the concerns; however, at no time does the Coach guarantee or warrant any increase or altered progress or performance;
(d) as the Coach has blocked out specific time periods to provide the Services to the Client, any cancellation or termination and refund of Services would be to the detriment of the Coach. For this reason, there are no refunds for change of mind or similar; and
(e) in addition, any delay or late attendance to any scheduled sessions by the Client will finish at the nominated and agreed original time in order to not disadvantage other Clients that may be scheduled after the Client session. All sessions must finish on time at the originally scheduled time except otherwise agreed upon in writing.
(f) upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance of the Service for any reason whatsoever, Client will receive no refunds. Exception will be agreed upon by client and coach, at the coach’s disposal.
5 DISPUTES
5.1 Disputes: If at any time any aspect of the Services are not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify the Coach of any such reason, the specifics and will give a reasonable opportunity for the Coach to respond and address any concerns.
Feedback and discussion are important to the sessions and provision of the Services and it is up to the Client to provide such feedback in order to give the Coach an opportunity to resolve any issue quickly and effectively.
5.2 Non-Disparagement: If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Client and the Coach. At no time will any communications or discussions be made public, this includes but is not limited to any social media, websites of either party.
Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
5.3 Arbitration: In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
6 RELATIONSHIP
6.1 The relationship under this Agreement is that of principal and independent contractor.
This Agreement does not make either party a joint venturer, partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in this Agreement.
7 TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY
7.1 Term: This Agreement is for the period set out in the Proposal. All Services must be provided between the Commencement Date and the Final Date as set out and agreed in the Proposal.
In the event not all Services have been provided before the Final Date, the remainder will be forfeited by the Client unless otherwise agreed in writing.
It is up to the Client to ensure they arrange and are available for all sessions and for the Services to be provided in full between the Commencement Date and Final Date.
7.2 Confidentiality Provision: The confidentiality provisions survive the termination of this Agreement and remain until the Confidential Information becomes part of the public domain.
7.3 Ownership of Intellectual Property and Confidential Information: Materials and work may be provided to the Client from time to time during and to enable the provision of the Services.
All materials and work is provided without warranties of any kind, both express and implied. Any design, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain the property of the Coach at all times.
No materials may be reproduced or used for any purpose other than the personal private use of the Client. Client shall not be authorized to use any of Coach’s intellectual property for Client’s business purposes.
Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Coach electronically or otherwise without the prior written consent of the Coach.
At no time may it be reproduced and provided to third parties without express written permission of the Coach. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.
This agreement is not transferable or assignable without the Company’s prior written consent.
7.4 No Resale of Services or Materials: Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Coach’s prior written consent.
7.5 Release: From time to time the Coach may use photos, videos, sound recordings and other sample images or content (together ‘Content’) taken from sessions, classes or functions that the Coach organizes. Some of this Content may be used for marketing, advertising and promotional business purposes and at no time will compensation be provided to the Client for any such use.
By signing up for the Services and agreeing to the Terms, the Client hereby grants such release to the Coach to use such Content.
If the Client does not wish to have their Content used, they must notify the Coach in writing of their request.
Client consents to recordings being made of courses and the Program. Coach reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses or sessions, and materials submitted by Client in the context of the Services/products for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
Client consents to its name, voice, likeness, and Content being used by Coach for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
8 INFORMATION PROVIDED TO PERFORM THE SERVICES
8.1 Confidentiality: The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. The Coach agrees that they will:
(a) keep confidential and secure; (b) not use directly or indirectly; and (c) not disclose directly or indirectly, this Agreement and all personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except (i) as required by law or any regulatory authority; or (ii) with the Client’s express written consent.
8.2 Non-Disclosure: The Coach will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required to perform the Services in which case, the Coach will ensure they are under the same duty of confidentiality as the Coach is under this Agreement.
Coach agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Coaching, or otherwise, without the written consent of Client.
Coach shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
9 PAYMENT, PRIVACY AND DELIVERY
9.1 Services Rendered: Services will only be provided once payment has been made for the sessions as nominated in the Proposal.
9.2 Failure to Pay: In the event that the Client fails to pay any payments due in accordance with the terms of the Agreement or does not perform its obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. We may also commence proceedings to collect any outstanding debts owed.
9.3 Privacy: All payment and personal information will be kept in a secure manner in accordance with United States privacy requirements. Please refer to the Coach’s Privacy Policy for details on how Client information will be kept secure.
9.4 Payment Authorization: By providing the Coach with your payment and credit card details, the Client authorizes payment for the full Services. In the event the Client has chosen payments to be made on a recurring basis, the Client hereby authorizes such payments to be deducted by the Coach until the full payment has been made under the Terms and in accordance with this Agreement.
9.5 Payment Intervals: Payments by payment plan are due at 30 day intervals, unless otherwise stated.
9.6 Services Timeline: Services must begin within 30 days of the original deposit, purchase or sign up.
9.7 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.
9.8 Late Fees: Failure to make a required payment when due under this Agreement will result in 5% late fee (five percent) on all outstanding balances not paid by the date or dates agreed by the parties.
9.9 Non-Transferability: All sessions or Services are nontransferrable. In addition, no sessions may include or be attended by any third parties unless agreed in advance by both Client and Coach.
9.10 Unpaid Charges: To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
9.11 Payment Plans: If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.
9.12 Chargebacks: Client shall not make any chargeback to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
9.13 Collection Fees: Client is responsible for any fees associated with recouping payment on chargeback and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
10 TERMINATION AND CANCELLATION
10.1 Breach: For any breach of any of the obligations of this Agreement, the person who has committed the breach will immediately remedy or rectify the breach promptly.
10.2 Termination: Termination may occur if the Coach believes that the working relationship has broken down including a loss of confidence and trust; or for any other reason outside their control which has the effect of compromising their ability to perform the Services. In the event of such termination by the Coach, payment must be made up to the date of the last Services and any other UNUSED monies paid in advance will be refunded to the Client.
10.3 Payment Due on Termination: In the event of any termination by the Client, including arrears of payment of otherwise in default of this Agreement, payment for the full terms and all sessions of the Services becomes immediately due and payable, whether or not the sessions were used by the Client. The Client is liable for full payment of all unpaid sessions for the Services that were engaged in accordance with the Proposal. In the event that Client is in arrears of payments to Coach, Client shall be barred from using any of Coach’s services.
10.4 Survivability of Confidentiality: Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
11 LIMITATION OF LIABILITY, INDEMNITY, DISCLAIMER OF GUARANTEE
11.1 Indemnification: The Coach and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on all or any part of the Services. The Client shall indemnify and hold harmless the Coach from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
11.2 Liability Terms: The liability of the Coach is governed solely by United States Consumer Law and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
11.3 Own Risk: The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agree to indemnify and hold harmless the Coach for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services.
11.4 No substitute for medical treatment or professional financial advice: Some of the Services may involve health or other personal management discussions. Our Services and information provided should not replace discussions with qualified healthcare or other relevant professionals and should not be used to diagnose or replace any professional treatment or management of any condition.
All decisions about any treatment and management of any condition must be made with a healthcare professional and the Client agrees and acknowledges that any reliance on any information, discussion or recommendation is done at their own risk.
The Client is at all times responsible for their own physical health and emotional well-being and is responsible to seek medical treatment (including, but not limited to psychotherapy), if needed.
Coach does not provide medical, therapy, or psychotherapy services. Coach is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof. The Coach recommends that any pre-existing condition be treated by a medical professional and that any information provided is not to be relied on in substitution. The Client understands that they therefore engage the Services at their own risk.
By engaging the Coach, the Client agrees they alone are responsible for all outcomes and achievements by participating in the Services and the Coach cannot guarantee nor be responsible for any results, howsoever incurred.
11.6 Disclaimer of Guarantee: Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Services. Client accepts and agrees that she/he is the one vital element to the Services’ success and that Coach cannot control Client.
Coach makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein.
Coach and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Coach makes no guarantee or warranty that the Services will meet Client’s requirements or that all clients will achieve the same results.
11.7 Liability & Claims: In any case, the Coach’s liability is limited at all times to amount of the last invoice fees paid by the Client.
All claims against the Coach must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever.
12 CONTROLLING AGREEMENT
12.1 In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
13 CHOICE OF LAW/VENUE
13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of IL without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the State of IL, DuPage Country, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
14 SURVIVABILITY
14.1 The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
15 SEVERABILITY
15.1 If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
16 ENTIRE AGREEMENT
16.1 This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
© 2020 to Present, Juju Fierce. All Rights Reserved.