The purpose of this AGREEMENT is to state clearly the nature, scope, commitments, and terms of their relationship and obligations between Erica Duran International/Commercial Consulting Network (Company) and the client/group member (Client).
Erica Duran International is a web-based company that has certain expertise which, through coaching client, can be passed on to the client. This information is a combination of activities, interpersonal principles, marketing strategies, and business concepts which encourage the attainment of business interactions which are intended to help the client increase productivity and profits.
Commercial Consulting Network is the parent company.
Client desires to enter into this Agreement with Company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the payments made to the Company and benefits provided by the Company along with the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows:
1. Description of Consultations (“Specifications”): Company agrees to develop the consultations in accordance with the Client’s needs using suitable methodologies.
2. Delivery of Work: Company and Client agree to a package through which consultations, preparation, and follow-up work (if necessary) are conducted. A date and location are chosen collaboratively and adhered to upon signing the agreement.
3. Methodology: Company will employ a range of methodologies to suit the Client’s personal values and style. Client agrees to be open-minded and partake in methods proposed. Client understands that Company is not an employment agent, business manager, financial analyst or psychotherapist.
4. Credit Card Authorization (if applicable): Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified in the payment plan of the chosen package.
5. Payment and Refund Policy: The Company does not offer refunds to ensure that the clients are fully committed to the coaching. Even if you choose, at some future point, to no longer participate in the program you will still owe the full amount in of your package investment. Even if you are asked to leave the group program for being disruptive you will still owe the full amount of the package. Coaching sessions are independent of the agreed payment plan. This means that if you choose to put your sessions on hold or if you choose to have more than one session per week, the payment plan agreement and schedule does not change. You are responsible for your own success. Results and the timeline of your success may vary. By signing below, you acknowledge that you are making a commitment to pay the full amount to the Company. If you fail to pay the full amount agreed to for your program, this matter will be turned over to a collection agency in an attempt to collect the debt.
Failed Payments: In the event, Client fails to make any of the payments within the time prescribed, Company has the right to immediately cease all work until payment is full is paid In addition, a 4% interest fee will be charged for each day that payment is late for a maximum of 30 days. If Client does not commence with payment after 30 days, Company has the right to terminate coaching agreement and cease all remaining sessions. No refunds of prior payments will be given.
6. Confidentiality: Company 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 if so requested by Client. The client will always be contacted for approval prior to any case study or testimonial being published. Client hereby acknowledges that Company has made, or may make, available to Client certain information including but not limited to pricing data, supply sources, techniques, computerized data, methods, market information, and other confidential and/or Intellectual Property and/or Proprietary Information of, or licensed to, the Company, including without limitation, trade secrets, inventions, patents, and copyrighted materials (collectively, the “Confidential Material”). Client acknowledges that this information has independent economic value, actual or potential, that is not generally known to the public or to others who could obtain economic value from their disclosure or use, and that this information is subject to a reasonable effort by the Company to maintain its secrecy and confidentiality. Except as essential to Client’s obligation under this Agreement, Client shall not make any disclosure of this Agreement, the terms of this Agreement, or any of the Confidential Material. Except as essential to Clients obligations pursuant to their relationship with the Company, the Client shall not make any duplication or other copy of the Confidential Material. Client shall not remove or publish Confidential Material or proprietary property or documents without written authorization. Client further agrees not solicit Customers or potential Customers of the Company, after the termination of this Agreement, while making use of Company’s Confidential Material. Company agrees not to solicit Customers or potential Customers of the Client during or after the termination of this Agreement.
7. 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.
8. Failed Payments: In the event, Client fails to make any of the payments within the time prescribed, Company has the right to immediately cease all work until payment is in full is paid In addition, a 4% interest fee will be charged for each day that payment is late for a maximum of 30 days. If Client does not commence with payment after 30 days, Company has the right to terminate coaching agreement and cease all remaining sessions. No refunds of prior payments will be given.
9. Client Cooperation: Client agrees to not withhold any information that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to complete the work as a team together. The client is responsible for their own success and implementation of objectives met.
10. Company Liability: Client agrees that Company will not be held liable for any damages of any kind resulting from 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 Service.
11. Tasks, Duties, and Program Terms: Client agrees to devote as much time, attention, and energy as necessary to complete or achieve any and all tasks and duties associated with the Program Terms set forth above, including but not limited to, work already being performed or related to the Program Terms. Any changes or additions to the Program Terms must be in writing and signed by both Company and Client to affect the Program Terms of this agreement.
12. Representation and Warranties: Client represents and warrants that their relationship with Company will not cause or require he/she/it to breach any obligation to, agreement, or confidence related to confidential, trade secret and proprietary information of any other person, company or entity. Further, Client acknowledges that a condition of this relationship is that he/she/it has not brought and will not bring or use proprietary or confidential information, whether or not in writing, of a former employer or contracting company without that employer or company’s written authorization. Breach of this condition results in automatic termination of the relationship as of the time of the breach.
13. Non-Solicitation Covenant: Client shall not, during the Agreement and for a period of one year immediately following termination of this Agreement, either directly or indirectly, call on, solicit, or take away, or attempt to call on, solicit, or take away, any of the customers or clients of the Company on whom Client became acquainted with during the terms of this Agreement, either for their own benefit, or for the benefit of any other person, firm, corporation or organization.
14. Non-Compete Covenant: Client agrees not to engage in any activity that is competitive with any activity of Company during the course of their relationship and for a period of [one year] after termination of the Agreement. For purposes of this paragraph, competitive activity encompasses forming or making plans to form a business entity that may be deemed to be competitive with any business of Company. This does not prevent Client from seeking or obtaining clients, or other forms of business relationships, with a competitor after termination of employment with Company so long as such competitor was in existence prior to the termination of the relationship with Company and Client was in no way involved with the organization or formation of such competitor. This does not prevent Client from conducting business which was in existence prior to this agreement even if the business may compete directly with some aspect of Company.
15. Notices: Any notice to be given hereunder by any party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraphs of this Agreement, but each party may change their address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of five (5) days after mailing. Client agrees to keep Company current as to their business and mailing addresses, as well as telephone, facsimile, e-mail and pager numbers.
16. Mediation and Arbitration: Any controversy between the parties to this Agreement involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall on the written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes unless the Parties stipulate otherwise. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the Parties stipulate otherwise, or in such proportions, as the arbitrator shall decide. By using Company services, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. All claims against Company must be made within thirty days from the termination date of this agreement or be forever forfeited.
17. Containment of Entire Agreement: This Agreement is an independent document and supersedes any and all other Agreements, either oral or in writing, between the parties hereto, except for any separately signed Confidentiality, Trade Secret, Non-Compete or Non- Disclosure Agreements to the extent that these terms are not in conflict with those set forth herein.
18. Representation: Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party hereto, or anyone acting on behalf of any party hereto, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing, signed and dated by all parties hereto.
19. Partial Invalidity: If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
20. Modifications: This Agreement may be modified only by a contract in writing executed by the party to this Agreement against whom enforcement of such modification is sought.
21. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute a single integrated document.
22. Severable Provisions: The provisions of this Agreement are severable, and if anyone or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
23. Prior Understanding: This Agreement contains the entire agreement between the parties to this Agreement with respect to the subject matter of the Agreement, is intended as a final expression of such parties’ agreement with respect to such terms as are included in this Agreement is intended as a complete and exclusive statement of the terms of such agreement, and supersedes all negotiations, stipulations, understanding, agreements, representations and warranties. If any, with respect to such subject matter, which precedes or accompany the execution of this Agreement.
24. Waiver: Any waiver of a default under this Agreement must be made in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be constructed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.
25. Drafting Ambiguities: Each party to this Agreement has reviewed and had the opportunity to revise this Agreement. Each party to this Agreement has had the opportunity to have legal counsel review and revise this Agreement. The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or of any amendments or exhibits to this Agreement.
26. Jurisdiction and Venue: This Agreement is to be construed pursuant to Laws of the State of California. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of California, County of Orange.
27. Force Majeure: A Party shall not be deemed in default of this Agreement, nor shall it hold the other Party responsible for, any cessation, interruption or delay in the performance of its obligations (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of the Party. Further, if performance would be considered “inadvisable, commercially impracticable, illegal, or impossible” to perform for any reason beyond either parties control Party shall not be deemed in default provided that the Party relying upon this provision: gives prompt written notice thereof, and takes all steps reasonably necessary to mitigate the effects of the force majeure event.
If a force majeure event extends for a period in excess of 30 days in the aggregate, either Party may immediately terminate this Agreement upon written notice.
28. Termination. The Company is committed to providing all program participants with a positive and productive experience. By signing below, you agree that the Company, at its sole discretion, may limit, suspend, or terminate your right to participate in the program without refund of payment if you become disruptive or difficult to work with, fail to follow program guidelines, or if your behavior impairs the ability of The Company or fellow participants to participate in the program.
Receipt of Copy. Client hereby acknowledges that he/she/it has received a signed copy of this Agreement.
Each party represents and warrants that by checking the Terms and Conditions checkbox below, they are authorized to enter into this Agreement in the entirety and duly bind their respective principals.