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  • Masterclass How to pick the right business model so that you can make greater impact without burning out
  • Order Total $147.00
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You agree that you are responsible for full payment of fees for the entire course of the engagement, regardless of whether you actually attend or complete the consulting and coaching. No refunds will be issued under any circumstances.

 

You agree that all funds paid to Sara Oblak Speicher Enterprises, Inc. by credit card are good-faith funds, and are non-cancelable. You agree never to issue a “chargeback” to our account at any time for any fees paid under this Agreement.

 

GENERAL TERMS

Early Termination: You agree that Sara Oblak Speicher Enterprises, Inc. may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the consulting and coaching at any time upon five (5) days written notice by email, without refund or forgiveness of remaining monthly payments if you become disruptive or difficult to work with, if you fail to take action or meet your commitments, or if you impair the participation of others in the programs. In the event you owe any fees at the time of termination, you agree to pay them in full within ten (10) days of termination.

Confidentiality Our Promise to You. Sara Oblak Speicher Enterprises, Inc. acknowledges that during the engagement we will have access to, and become acquainted with, your various trade secrets, inventions, innovations, processes, information, customer records, methods, customer lists, accounts, and procedures (“Client Confidential Information”).   We agree that we will not disclose the Client Confidential Information directly or indirectly, or use it in any manner, or at any time, except as required in the course of this engagement with you. All Client Confidential Information that you provide to us is your intellectual property. We shall not retain any copies of Client Confidential Information without your prior written permission. Upon termination of this Agreement, or whenever requested by you, we shall either immediately deliver to you or destroy all such Client Confidential Information.

Security Exceptions: Sara Oblak Speicher Enterprises, Inc. will use at least the same procedures and degree of care which it uses to prevent the disclosure of its own confidential information to prevent the disclosure of Client Confidential Information. However, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between us and you over the Internet cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. You hereby acknowledge that Sara Oblak Speicher Enterprises, Inc. is not responsible for any intercepted information sent via the Internet, and you hereby release Sara Oblak Speicher Enterprises, Inc. from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

Your Promise to Others. You agree to respect the privacy and the confidential and proprietary information ideas, plans, and trade secrets of fellow participants in our consulting and coaching engagements ( “Program Participants”), just as yours is respected. This means you agree (a) not to infringe the copyright, patent, trademark, trade secret or other intellectual property rights of any Program Participants or Sara Oblak Speicher Enterprises, Inc., (b) that any confidential information shared by the Program Participants or any representative of Sara Oblak Speicher Enterprises, Inc. is confidential and proprietary, and belongs solely and exclusively to the Program Participant who discloses it, or to Sara Oblak Speicher Enterprises, Inc., and (c) that you agree not to disclose such information to any other person or use it in any other manner other than discussion with other Program Participants during consulting and coaching sessions. You further agree that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph Sara Oblak Speicher Enterprises, Inc. and/or other Program Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Public Disclosure: Neither party may disclose the terms of this Agreement. Neither party shall make any formal or informal public statement, press release or other announcement regarding the existence or terms of this Agreement without the other party's prior written approval.

No Guarantees. Sara Oblak Speicher Enterprises, Inc. do not guarantee any specific outcome from the services, and any comments by Sara Oblak Speicher about the outcome are expressions of opinion only. We make no guarantees other than the services described in Deliverables shall be provided to you in accordance with the terms of this agreement. You acknowledge that Sara Oblak Speicher Enterprises, Inc. cannot guarantee any particular results as such outcomes are based on subjective factors, as well as your efforts, that cannot be controlled by Sara Oblak Speicher Enterprises, Inc. You acknowledge that coaching, and the services to be provided under this Agreement, are not a substitute for professional advice by legal, mental, medical, financial, or other qualified professionals and you agree to seek independent professional guidance for such matters.

Intellectual Property: Sara Oblak Speicher Enterprises, Inc. may include in the Services material that is proprietary intellectual property and developed specifically for our programs. You agree that such proprietary material, including all concepts and language, is solely for your own personal use for the purpose of improving your own life and business. Any disclosure without our prior written consent to a third party for financial gain, any reproduction, distribution, and sale of these materials by anyone but Sara Oblak Speicher Enterprises, Inc. and/or any other use not consistent with this Agreement is strictly prohibited. This includes the entire content of my website www.saraoblakspeicher.com regardless of the format (text, images, films, sounds, etc.) which is protected by copyright laws. The holder of all copyrights to the content published on the website is Sara Oblak Speicher Enterprises, Inc. and/or the person stated under the respective content. No content published on the website may be used for any purpose other than personal viewing without our prior express written permission.

Non-Disparagement: We are committed to providing all our clients with a positive consulting and coaching experience. However, conflicts can arise. We both agree that neither of us shall “disparage” or leave any negative statements, reviews, comments, or feedback, whether written or oral, about the other, our respective teams/staff, products, events, or anything else associated with the other. This will include all written or electronic communication, whether email, text message, use of LinkedIn, Facebook, YouTube or any form of social media.

Force Majeure: Except for an obligation to pay fees, any delay or failure in the performance by either party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall include but not be limited to a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, and labor strikes.

Indemnification: There may be situations where Sara Oblak Speicher Enterprises, Inc. has occasion to refer third-party providers who may be able to assist you in improving your life or business in some deeper way. We are not responsible for, and have no control over, the outcome of that referral, and you acknowledge and agree that it is your sole responsibility to vet and deal with such third-party referrals. You agree to indemnify and hold harmless Sara Oblak Speicher Enterprises, Inc. and its agents, officers, and directors from liability for any and all claims, costs, suits, proceedings and/or damages, including attorney’s fees, costs and expenses, arising directly or indirectly out of, or in connection with, such third-party referrals any and all third-party litigation to which you are a party.

Choice of Law: The laws of the State of New York shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the parties hereto.

Dispute Resolution: The parties acknowledge that the injuries resulting from the violation of this Agreement will be of such a character that the non-violating party will be irreparably injured and cannot be adequately compensated by money damages. Accordingly, the parties agree that the party alleging the violation may, in addition to pursuing its other remedies, apply for injunctive relief from any Federal or State Court having jurisdiction of the matter in the County of Westchester and State of New York restraining such violation, whether threatened or actual, and no bond or other security shall be required in connection with such injunction. The parties hereby consent to the jurisdiction of any such Court in which an application for injunctive relief is brought. The foregoing shall be in addition and without prejudice to such other rights that the parties may have at law or in equity. The prevailing party shall be entitled to recover from the other all costs for such application, including reasonable attorneys’ fees and costs incurred. Any other controversies arising out of the terms of this Agreement or its interpretation shall be settled in White Plains, New York before one (1) arbitrator in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.

Notices: Any and all notices, demands, or other communications required or desired to be given hereunder by any party, including in connection with service of process in the event of Dispute Resolution above, shall be in writing and shall be validly given or made to another party if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. Notice shall be deemed given five (5) days after deposit in the United States mail addressed to the party to whom such notice, demand or other communication shall be given.

Modifications or Amendment: No amendment, change, or modification of this Agreement shall be valid unless in writing signed by the parties hereto.

Entire Understanding: This document and any exhibits attached constitute the entire understanding and agreement of the parties. Any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. The terms and conditions of any invoice shall have no effect on this Agreement and shall be used for accounting purposes only.

Unenforceability of Provisions: If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

 

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