PROGRAM DESCRIPTION. The Program begins for Participant on the date this agreement is signed (“Program Start Date) and ends four (4) months from the start date (“Program End Date”).
In consideration for, and upon receipt of payment as described below and this signed Agreement, Participant will gain access to the Program, which is designed as follows:
- A Four (4) month group coaching program.
- Designed to support the design of staffing strategies and provide basic human resources knowledge
- The content of this Program will be provided to Participant pre-recorded content delivered on Kajabi and 5 1:1 sessions delivered via Zoom. The Program design is subject to change at any time at the sole discretion of the Company. Program access will be available to Participant between the Program Start Date and Program End Date ("Participation Period") subject to Participant following the terms of this Agreement.
Program participation and access will end on the Program End Date, at which time this Agreement will terminate.
SCOPE. The Program does not include any form of outsourced services.
No materials, advice, direction, or guidance given in the scope of the Program is to be construed as legal, tax, financial, or other professional advice or service. You agree to contact a professional service provider for advice regarding these matters.
Participant agrees to pay Consulting by Lyndsey LLC the amount of $3,000 as the Program Fee for participation. Participant will pay the Program Fee as follows:
Three (3) Monthly Installments of $1,000 Each
If participant chooses to pay the Program Fee in full at or prior to the Program Start Date, the Program Fee will be $2,500.
If any payment under this Agreement is returned or declined as insufficient or for any other reason, the Company will remove Participant from access to and participation in the Program until paid in full. We may also pursue collection of any balance owed of the Program fee, through any legal means.
The parties expressly agree that the benefits to Participant in this Agreement extend beyond the specific coaching sessions and resources described above, and the consideration paid includes Participant’s benefit of our work product, expertise, preparation, and Participant’s dedicated spot in the Program. Therefore, Consulting by Lyndsey LLC DOES NOT ALLOW EARLY CANCELLATIONS OR OFFER REFUNDS. By signing this Agreement and paying any portion of the Program Fee you represent that you have fully vetted the Program and the Company to your satisfaction and have determined the Program to be a good fit for you.
CONFIDENTIALITY. Participant agrees that any information received or shared by the Company or any other Participant in the Program that is not otherwise public information will be kept confidential and will not be shared or disclosed to any third party. This confidentiality includes specifics about the content and structure of the Program itself.
NO GUARANTEES. Participant understands and agrees that their results from the Program are largely dependent on their own actions, time and energy dedication, and capacity. The Company makes no warranties or guarantees for any particular outcome from participation in the Program.
PARTICIPATION AND CONDUCT. Participant agrees to conduct themselves in a professional manner, and in a way that is for the benefit of and not disruptive to the other Participants, the Program, and Participant themselves, collectively. Participant expressly agrees to discuss any dissatisfaction or challenges regarding the Program with the Company’s representatives privately and directly, and any resolutions or lack thereof arising out of such discussions will be kept confidential. Participant understands that disruptive behavior and/or any form of hate speech or discrimination from Participant may result in immediate revocation in Participant’s access to the program without refund.
INTELLECTUAL PROPERTY. All forms of intellectual property developed in, to, or in the scope the Program, including but not limited to content, materials, and design are owned by the Company. Any duplication, sale, or distribution of Program materials to third parties, including sharing Participant’s Program login credentials are strictly prohibited and will result in immediate removal from the program without refund as well as possible legal action taken by the Company.
MEDIA RELEASE. Participant gives express consent for the Company to use Participant’s name, likeness, image, video recordings, words, testimonials, generalized descriptions of Participant, and results accomplished in the Program for marketing purposes. Participant waives any right to payment for such use.
FORCE MAJEURE. The Company will not be liable for any delay in performance of this Agreement if the delay is due to causes beyond the Company’s control, including but not limited to natural disasters, government orders, war, or any other force majeure event. If relying on this provision, the Company will give notice to Participant with proposed delay and/or alternative Program options.
Severability. If any provision contained in this Agreement is determined by a court of competent jurisdiction to be void, illegal or unenforceable, in whole or in part, then the other provisions contained herein shall remain in full force and effect as if the provision which was determined to be void, illegal, or unenforceable had not been part of the Agreement.
Waiver. The waiver of a breach of any provision of this Agreement will not be construed as a waiver of any subsequent breach.
Entire Agreement. This document is the entire agreement of the Parties supersedes all prior and contemporaneous agreements, either oral or in writing.
Modification. This Agreement may only be modified, altered, or amended by written agreement.
Effect of Headings. Paragraph headings of this Agreement are for convenience only and will not impact or override the provisions themselves.
LIMITED LIABILITY: THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
GOVERNING LAW & DISAGREEMENT. This Agreement shall be governed by the laws of the State of Arizona. The Parties agree to first address any disagreement or dissatisfaction with private, confidential discussion. In the event we cannot come to a resolution through normal discussion, the parties agree to mediate before pursuing any other legal action. The Parties agree that any legal conflict arising in connection with this Agreement will be brought, tried, and resolved in the applicable courts having jurisdiction in the State of Arizona.