By enrolling electronically, verbally, or otherwise, you the coaching Client (“Client” or “You”) agree to be provided with products, programs, or services by Cherelle Jay (“Coach”), and you are entering into a legally binding agreement with the Coach, subject to the following terms and conditions:
- TERMS.
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Group Coaching ‘Confidence Queens’ programme (the “Programme”).
(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website
www.cherellejay.com as part of the Programme or via the platform used to purchase.
(c) Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
(d) Client agrees to be open, present and prepared to complete the work. Client is responsible for her own success and implementation of objectives met.
(e) Coach reserves the right to remove Client from Programme at any time for any reasons to do with misconduct or improper behaviour.
(f) The Programme is a six week high level group coaching programme and includes the following:
- Six 60-90 minute group coaching calls across a 6 week period.
- Access to support from your group chat via Telegram during working hours.
(g) The Coach and Client have agreed that the three month programme will start during the month agreed.
(h) Any time off that the coach takes will be added on to the end of the programme to ensure the Client receives the six weeks in total.
(i) All sessions will be agreed in advance with a regular time slot for the duration of the Programme. Sessions will be recorded. If a session is missed by the client, they will have access to the recordings but not further sessions will be provided.
- METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Programme. Coach may revise methods or parts of the Programme based on the needs of the Client.
- DISCLAIMERS. By participating in the Programme, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Programme is in no way to be construed or substituted as psychological counselling or any other type of therapy or professional advice.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programmes, courses, and/or services. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
- PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount. Should Client decide not to complete the Programme for any
reason, Client will still be responsible for the full payment amount. No exceptions will be made in this matter and the Coach reserves the right to take legal action to collect payment.
(b) Coach does not offer refunds to ensure that clients are fully committed to the Program.
(c) If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). The Client’s credit card on file will be charged each month when payment is due. It is the responsibility of the client to update the credit card if required.
(d) Credit Card Authorisation (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client.
(e) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Client has not paid within fourteen (14) days, Coach has the right to terminate agreement and pursue legal action if necessary.
- INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.
- NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
- GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
- DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
- LIMITATION OF LIABILITY. By working with Cherelle Jay in this programme, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Programme is at user’s own risk.
- DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will shall be submitted to the Chartered Institute of Arbitrators (CIArb) and settled by final and binding arbitration in accordance with the CIArb Arbitration Rules. Judgment on any award issued under this provision may be entered by any court of competent jurisdiction.
- GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of London, UK, regardless of the conflict of laws principles thereof.
- ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.