Terms And Conditions
1. Program Description.
Under the terms of this Agreement, Coach agrees to provide business coaching services through the Salon Success Syterms in the form of webinars, audio and/or visual presentations and videos, workbooks, and virtual live meetings plus periodic personal coaching and evaluation delivered by Simon Hayter and/or his team of experts in exchange for a course Fee. The course includes access to: (1) the LIVE portion of the course, (2) the course training materials in the members’ website or otherwise provided to client throughout the course. Client’s access to the course is made conditional on payment of the Course Fee and begins on the first date Client is provided with access to review or participate in the course (“course start date”) and will only end if the full payment has not been made within the agreed time frame.
2. No Refunds.
Because considerable time and effort has gone into creating all aspects of the course, if client decides to withdraw from the Program at any time for any reason, client is still fully responsible for making all course payments, and no refunds, in full or in part, will be provided. client fully agrees and understands that client is and shall be responsible for making all payment amounts of the course fee on the payment schedule as agreed during the discovery call and that if client seeks a refund or withdraws from the Program, for any reason whatsoever at any time, client shall not be entitled to a refund.
3. Chargebacks and Payment Security.
Your financial commitment to his Program is important. 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 canceled 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. Client’s participation in the course is voluntary. Client has been given an opportunity to ask any questions about the course and course fee payments prior and is choosing now to follow the terms and conditions set out.
4. Failed Payments.
In the event client fails to make any of the payments for the course fee by the due dates agreed on your discovery call, coach has the right to immediately cease the course, including all access to course materials, until payment due has been paid in full. In addition, should payment fail to be completed within 10 days of the due date, Client agrees and understands that client is responsible for and will be charged any collection fees or charges and/or reasonable attorney fees incurred in connection with the cost of collecting such fees and payments.
5. Case Studies and Testimonials.
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 by Coach for approval prior to any case study or testimonial being published in which client will be identified by full name or identity. Client also acknowledges that all course coaching or training calls are being recorded and that they are for training purposes only, to be used exclusively by coach and coach’s Team. By accepting these terms and conditions and affirmatively seeking the benefits of membership in the course, client affirmatively agrees and acknowledges that coach may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, client’s experience in the course, including any specific results experienced by you during the Program and no compensation will be provided to you. Client agrees and acknowledges 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 at any live, video, audio, or recorded event(s) in which You participate even if you aren’t intending to make such submission as a testimonial. Client further represents that any such statements or testimonials that You make during the course shall be correct, accurate, and truthful.
6. Intellectual Property Rights.
Coach retains all ownership and intellectual property rights to the course and course materials provided to client through the course, including all copyrights and any trademarks belonging to coach and/or coach’s team. The course and course materials are being provided to client for your individual use only and with a single-user license for educational and informational purposes which means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the course or course materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money to any other person or entity, without coach’s prior written permission. No other license is being granted or implied to you.
The purpose of the course is to train and educate client about key areas of business to assist client in your own practice in a different field from coach, and not for client to learn and use this information to compete with coach’s business or the course, directly or indirectly, in any way. With that understanding, client fully agrees that client shall not use any of coach’s or coach’s team’s intellectual property learned through the course, in part or in full, purposes including during coaching sessions with coach or coach’s team, for client’s business in a way that competes, directly or indirectly with coach’s business and such use shall be considered improper and unauthorized use of the course and/or course materials. Such intellectual property, including the course and course materials, is a special, unique and valuable asset of coach’s that has been created with extensive time and care. Client agrees not to teach, coach, launch or offer programs, services or information that is, or is perceived to be, the same as, or substantially similar to the Program, in whole or in part, and/or in direct competition with coach now or at any time in the future. This includes but is not limited to client holding him/herself out as or offering coaching or consulting services in areas such as business, marketing, advertising, branding, technology, or any subject covered in the course and course materials now or at any time in the future. Further, client agrees not to launch or offer programs that are marketed to potential or current clients of coach or client that are in direct competition, or perceived to be in direct competition, with coach or coach’s team. A perceived or proven breach of this section of the agreement is considered material and is grounds for immediate termination of coach’s participation in the program without notice.
Negative or disruptive behavior within the client community or on the weekly Q&A calls will result in being permanently removed from the community. Such behavior will also result in revoking the LIVE elements of the Systemise for Success programme including all support and coaching via email or live Q&A calls. If only part payments have been made all course material will be revoked. If full payment has been made only access to the membership site will be honored as a good will gesture. We pride ourselves on providing a safe community for our clients to share and grow therefore behavior jeopardising this culture will not be tolerated.
7. Non-Solicitation.
Coach intends for the course to be a positive learning experience for all participants, free from sales or marketing from any of the course participants. Client agrees that the client will not at any time during the course, or during or after the term of this Agreement solicit business, attempt to solicit business, advertise or teach about client’s area of expertise, or enter into business relationships with coach’s or coach’s team’s past or current clients or course participants, without the prior written permission of coach. Client agrees and understands that client is not to market, gift or sell client’s programs, products, services or information, directly or indirectly, through any of the platforms provided by coach during the course, including but not limited to videos, group calls, member forums, members’ website, social media groups/pages, e-mail communications, chats, or by any other form of communication. Client agrees not to solicit, influence or attempt to solicit or influence any of coach’s or coach’s team’s clients, customers, course participants, employees, or contractors, either directly or indirectly, to direct any purchase or use of products and/or services from client or provide advertising, marketing, gift or sale of any products or services of any kind, to any of Coach’s clients, customers, Program participants, employees, or contractors, without the prior written permission of coach. In addition, client agrees not to hire or enter into agreements with coach’s current contractors, team members, or employees or solicit or persuade, or attempt to solicit or persuade, any of coach’s employees, contractors, consultants, or persons in the process of being recruited to hold such positions, to end or to modify any existing relationship with coach, or not to enter a relationship with coach. A perceived or proven breach of this section of the agreement is considered material and is grounds for immediate termination of coach’s participation in the course without notice.
8. Personal Responsibility & Assumption of Risk.
Client acknowledges that client takes full responsibility for all decisions made before, during and after the course and knowingly assumes all of the risks of the Program, whether known or unknown, related to Client’s use, misuse, or non-use of the course or any of the course materials. Client accepts and agrees that there are many factors that contribute to the success of the client which are outside of coach’s control; therefore, client accepts and agrees that client is 100% responsible for client's progress and results from the course, and Boost makes no guarantees as to the outcome of the course.
9. Disclaimer.
Client is aware that coach is not a physician or licensed medical provider and therefore does not diagnose, treat, prevent or cure any disease, and therefore is not a replacement for client’s medical doctor, therapist or physician. Client acknowledges that coach is not a medical provider, psychotherapist, employment agent, business manager, or financial analyst. If client is presently under any form of psychiatric care, psychotherapy, specialized 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 course and course 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 the course. Nothing related to this course 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 this Program.
10. No Warranty.
COACH MAKES NO WARRANTY THAT THE SERVICES WILL MEET CLIENT’S PRE- CONCEIVED EXPECTATIONS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THE PROGRAM IS 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 TO THE PROGRAM 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.
11. Limitation of Liability.
Client accepts all risks, foreseeable or non-foreseeable, arising from such transactions and client's use of the course. In no event will the aggregate liability of coach with regard to this agreement, the course exceed the compensation paid by client to coach under this agreement. 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. Client agrees that coach's employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Coach.
12. 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 course.
13. Termination.
Should Client wish to terminate this agreement, client is to notify coach by sending an e- mail to Mr Simon Hayter at [email protected] 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 the course shall be immediately due and payable. Coach shall be allowed to immediately collect all such sums from client and, at coach's discretion, immediately terminate client’s access to the course and course materials. In addition, coach may, at any time and without cause, terminate this agreement, at which time any payment for services rendered by coach to client shall immediately become due and payable.
14. Non-Disparagement.
Client agrees that if You have a question or concern about the course, that you come to coach or coach’s team directly to resolve the issue. Coach agrees to make Mr Simon Hayter and/or coach’s team available during weekday business hours to discuss by phone or e- mail any concerns or disputes client may have with regard to the course in an effort to resolve them privately and professionally. Thus client agrees to not publicly or privately make any negative or critical comments about the coach, coach’s team, coach’s business or contractors, the course, other course participants or to communicate with any other individual, company or entity in a way that disparages 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 client’s thoughts and opinions.
15. Company Closures:
Due to high business demand of the nature of the client’s business there will be a company closure between Monday 1st December and Sunday 6thJanuary. Q & A calls will not take place during this time, however emails will be checked and responded to once a week during this period.
