Agreement
This Agreement is made and entered into on this day, (“Start Date”) between Tonz LLC, an Arizona Limited Liability Company, (hereinafter referred to as “Mentor” and you (hereinafter referred to as “Client.”) Mentor and Client hereby voluntarily and willingly agree as follows: For good and valuable consideration of forty seven U.S. dollars ($47), Client has agreed to purchase access into the Confident Athlete Mini Camp (hereinafter “Program”).
Intellectual Property Rights
1. Client agrees and understands that Mentor has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Mentor. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Mentor to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Mentor or obtained through working with Mentor, without Mentor's express written consent. If such behavior is discovered or suspected, Mentor reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
3. Licensee Rights: Mentor's Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Mentor as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Mentor. As a “Licensee,” Client understands and agrees that Client will not: (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Mentor; (b) post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Mentor, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client, (c) share purchased materials, information, content with others who have not purchased them, (d) Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Payment
1. Client agrees to render payment via [ Visa on file] and understands that the full purchase amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Mentor, he/she must complete payment in full before becoming entitled to any products or services included within Program.
3. Mentor reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issues to Mentor in exchange for work completed thus far, and it is up to the sole discretion of Mentor whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
Refund Policy
1. Mentor is not able to offer refunds once Client has purchased the Program. Client understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued to Mentor.
2. Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Mentor and any affiliates, agents, team members or other party associated with Mentor harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Mentor be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Mentor's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Mentor, free of charge.
Voluntary Participation
Client understands and agrees that he/she is voluntarily choosing to enroll in Program (on behalf of their child) and is solely responsible for any outcomes or results. While Mentor believes in her services and that Program is able to help many people, Client acknowledges and agree that Tonz LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her child's health and well-being, including participation in Program and any results therein.
Disclaimer
1.While many of Mentor's past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Mentor cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Mentor and Program harmless if he or she does not experience the desired results.
2. Client understands that all services provided by Mentor in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Mentor on a purely voluntary basis and does not hold Mentor or Program responsible should Mentor become dissatisfied with any portion of the Program.
3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Mentor delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by Mentor and Client.
4. Client also understands Mentor is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Mentor harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Mentor on his/her website and within the Program is comprised of information that has worked for Mentor and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Mentor cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Mentor responsible for.
5. Earnings Disclaimer: Mentor also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Mentor responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Mentor contained on Website or in sales material that contain financial information are individual, and results may vary.
Dispute Resolution
Should a dispute arise between Mentor and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Mentor responsible for any specific results, or those results which have been achieved by other clients of Mentor.) If unable to reach a resolution informally, Client and Mentor agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Phoenix, Arizona, within a reasonable amount of time. Client and Mentor agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of Arizona regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Arizona are to be applicable here.
Agreement
Client and Mentor agree this Agreement constitutes the entire agreement between Mentor and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Mentor or Mentor's team, and is in full agreement with the terms outlined herein. This Agreement may be signed in counterparts and sent electronically, and electronic signatures may be considered as originals.