Be A Beacon In Your Industry Class 1 Cohort Contract


THIS SERVICE AGREEMENT is made between Be A Beacon In Your Industry Course a subsidiary of The Productive Business Development Coach Inc. and the client.

Description of Services

Your Be A Beacon Certified Coach agrees to Coach the client in the fields of Marketing, Productive Business Development, Sales, Business Expansion, Branding, Inbound and Outbound Marketing and Positive Mindset Training through Be A Beacon In Your Industry Class 1. 

Delivery of Work.

Be A Beacon Certified Coach and Client agree that the Services of Coach in Business Marketing, Sales and Business Structure & Mindset through the Be A Beacon In Your Industry Class 1. 

Methodology.

In providing the Services, Be A Beacon Certified Coach will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open minded and partake in methods proposed. Client understands that Be A Beacon Certified Coach makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Be A Beacon Certified Coach not an employment agent, business manager, financial analyst or psychotherapist. 

Referrals 

Any and all referrals made by the coach or organization outside of our products and services do not reflect on the Be A Beacon brand or coach. We are not responsible for any and all claims or actions taken by third party sources that referrals are made to. 

Credit Card Authorization (if applicable).

Client acknowledges that Be A Beacon In Your Industry, in consideration for the Services, will charge the credit card chosen by the client. 

Compensation (if applicable)

Client agrees to pay $997 for class level 1. Plus $250 for any one on one calls booked with their coach. If no one on one calls are booked no additional fees are due. 

Refunds.

Client shall be responsible for the payment amount, on the payment dates agreed upon at the date of signing.  If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund. 

Chargebacks and Payment Security.

To the extent that Client provides Be A Beacon In Your Industry with credit card information for payment on Client’s account, Be A Beacon In Your Industry shall be authorized to charge Client’s credit card(s) for any unpaid charges. If client uses a multiple-payment plan to make payments to Be A Beacon In Your Industry, Be A Beacon In Your Industry shall be authorized to make all charges at the time they are due and is not required to seek separate authorization to do so. Client hereby agrees not to make any chargebacks to Be A Beacon In Your Industry account. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Be A Beacon In Your Industry at the time such credit card is cancelled 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 Be A Beacon In Your Industry collection of payment here-under.

Failed Payments.

In the event Client fails to make any of the payments within the time prescribed, Be A Beacon In Your Industry has the right to immediately cease all work until payment in full is paid. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due here-under, interest on the unpaid  balance will accrue at a rate of 1% per month.

No Transfer of Intellectual Property.

Be A Beacon In Your Industry copyrighted and original materials shall be provided to the Client for Client’s individual use only. Client shall not be authorized to use any of Be A Beacon In Your Industry intellectual property for Client’s business purposes. All intellectual property, including Be A Beacon In Your Industry copyrighted course materials, shall remain the sole property of Be A Beacon In Your Industry. No license to sell or distribute Be A Beacon In Your Industry materials is granted or implied.  

Non Disclosure 

Client agrees to not release any information from any other cohort members. Any and all information shared in the cohort will remain protected by Be A Beacon In Your Industry. Any cohort members found to be removing ideas and IP from their cohort or any other cohort will be removed from the Be A Beacon In Your Industry training and graduated class group and could be responsible for legal repercussions. 

 

No Distribution of Services.

Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any commercial purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third party access to the Services or any other goods and services provided in connection therewith (including course materials).

Confidentiality.

Be A Beacon In Your Industry 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 for approval prior to any case study or testimonial being published in which Client will be identified by full name. All information the client shares will be kept confidential and private unless the client brings up self harm or suicidal tendencies. 

Good Faith.

Each party hereto 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.

Agreement between Be A Beacon In Your Industry and Client.

Client agrees to not withhold any information necessary for Be A Beacon In Your Industry to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services.

Disclaimer of Guarantee.

CLIENT ACCEPTS AND AGREES THAT CLIENT IS 100% RESPONSIBLE FOR CLIENT’S PROGRESS AND RESULTS FROM THE SERVICES. CLIENT ACCEPTS AND AGREES THAT CLIENT IS THE ONE VITAL ELEMENT TO SUCCESS AND THAT BE A BEACON CERTIFIED COACH CANNOT CONTROL CLIENT. BE A BEACON CERTIFIED COACH MAKES NO GUARANTEE OR WARRANTY THAT THE PROGRAM WILL MEET CLIENT’S REQUIREMENTS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME RESULTS.

THE SERVICES (AS DEFINED HEREIN) AND ALL OTHER GOODS AND SERVICES PROVIDED BY OUR BE A BEACON CERTIFIED COACH HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BE A BEACON CERTIFIED COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT THE SERVICES (AS DEFINED HEREIN) OR ANY OTHER GOODS AND SERVICES PROVIDED BY, THROUGH OR ON BEHALF OF BE A BEACON CERTIFIED COACH UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF INTERCHANGEABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

Medical Disclaimer.

Client is aware that Be A Beacon Certified Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s medical doctor, therapist or physician. If Client is presently under any form of psychiatric care, psychological therapy and specialized medical supervision or under the influence of any form of medication, Client is to inform Be A Beacon Certified Coach prior to working together.

Limitation of Liability.

BY USING BE A BEACON IN YOUR INDUSTRY TO PROVIDE THE SERVICES, CLIENT ACCEPTS ANY AND ALL RISKS, FORESEEABLE OR NON-FORESEEABLE, ARISING FROM SUCH TRANSACTIONS AND CLIENT’S USE OF THE SERVICES (AS DEFINED HEREIN). IN NO EVENT WILL THE AGGREGATE LIABILITY OF BE A BEACON IN YOUR INDUSTRY WITH REGARD TO THIS AGREEMENT, THE SERVICES (AS DEFINED HEREIN), OR ANY OTHER GOODS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID BY CLIENT TO BE A BEACON IN YOUR INDUSTRY UNDER THIS AGREEMENT. ALL CLAIMS AGAINST BE A BEACON IN YOUR INDUSTRY MUST BE LODGED WITH THE ENTITY HAVING JURISDICTION WITHIN 100 CALENDAR DAYS OF THE DATE OF THE EVENTS FIRST GIVING RISE TO THE CLAIM OR OTHERWISE BE FORFEITED FOREVER.

 

BE A BEACON IN YOUR INDUSTRY 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.

Termination.

In the event that Client is in arrears of payment or otherwise in default of this agreement, all payments due hereunder for Services and other goods and services provided or to be provided by Be A Beacon In Your Industry to Client shall immediately become due and payable. Be A Beacon In Your Industry shall be allowed to immediately collect all such sums from Client and, at Be A Beacon In Your Industry option, terminate providing further services to Client and/or this agreement. In the event that Client is in arrears of payments to Be A Beacon In Your Industry, Client shall be barred from using any of our Be A Beacon Certified Coach's services.

In addition, Be A Beacon In Your Industry may, at any time and without cause, terminate this agreement, at which time any and all amounts representing Services and other goods and services actually provided by Be A Beacon n Your Industry to Client shall immediately become due and payable.

Indemnification.

Client shall defend, indemnify, and hold harmless Be A Beacon In Your Industry and its Be A Beacon Certified Coaches, 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 Services and other goods and services in connection herewith. Client hereby agrees that Be A Beacon Certified Coaches, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Be A Beacon In Your Industry. 

Miscellaneous.

Client may not assign or otherwise transfer this agreement, in whole or in part. Any attempt by Client to assign or otherwise transfer this agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.

This agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without reference to conflict of law principles. All disputes arising out of this agreement will be subject to the exclusive jurisdiction and venue of courts sitting within Bristol County, Massachusetts, and the parties consent to the personal and exclusive jurisdictions of these courts.

If for any reason any provision of this agreement is held to be invalid or unenforceable, that provision of this agreement will be enforced to the maximum extent permissible and the other provisions of this agreement will remain in full force and effect.

Any modification or amendment of any provision of this agreement will be effective only if in writing and signed by duly authorized representatives of the parties hereto. None of the provisions of this agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorized representative of such party. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.

Neither party will be responsible for any failure or delay in performing any of its obligations under this agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed thirty days from the date of notice of failure.

The parties are independent contractors and neither this agreement nor any provision hereof shall be deemed to create any relationship of joint venture, partnership, franchise, employment, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

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Document name: Be A Beacon In Your Industry Class 1 Cohort Contract
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Timestamp Audit
July 22, 2020 8:30 am EDTBe A Beacon In Your Industry Class 1 Cohort Contract Uploaded by Suzanne Dwyer - suzanne@suzannedwyer.com IP 202.47.36.199