By clicking “Buy Now”, “Purchase” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling electronically, verbally or otherwise you hereafter referred to as the “Client”, and YES SUPPLY INC., hereafter referred to as “the Company,” owned by Reese Evans, agree as follows:
The purpose of this Coaching Client Agreement (“Agreement”) is to set out the expectations for what it will be like for the Parties to work together. For mutual consideration, the receipt and sufficiency of which is acknowledged, the Parties agree to the terms and conditions set out below.
By clicking “Buy Now”, “Purchase” or any other phrase on the purchase button, entering your credit card information, Client confirms that they have read, understood and agreed to accept all of the terms and conditions in this Agreement.
If you have any questions in regard to this agreement, please contact YES SUPPLY by e-mail at firstname.lastname@example.org.
TERMS OF AGREEMENT
Outline of Services
The Company will provide Client with the following services as part of the Certification Program (“Services” or “Program”). The Program will be a combination of pre-recorded video lessons, online sessions, or as downloadable products as detailed on the Coach’s website, www.yessupply.co/certified (“Site”). The client also has access to email and messaging support that will be answered during business hours from Monday to Friday.
The Services cited in this Agreement represent a complete list of the Company’s contractual obligations. The term “Coach” refers to any trainers or coaches that may be provided to the Client by the Company to provide the Services as described herein.
The Coach may elect to provide additional services when deemed necessary. Should this occur, Client will not be billed for additional services. However, the performance of additional services in one period does not obligate the Coach to provide such additional services in future periods. Should Client wish to purchase additional services independent of Coach’s discretion, Client will be billed according to the terms of this Agreement.
Term and Termination of Agreement
Coach will provide the Services for an eighteen (18) month period, beginning on date of purchase (“Term”). This Agreement will end when Client has paid the Fee in full to Coach and Coach has performed the Services for the duration of the Term as set out in this Agreement. Any provisions that survive the termination of this Agreement will remain in full force.
Group Coaching Sessions and Live Calls
The exact date and time of all live virtual sessions are set out on the Site and/or will be communicated to Client via email. Client must attend all calls in order to successfully graduate from the Program. The Client shall not receive any refund, partial or otherwise, if they are unable to attend some or all of the group coaching sessions or live calls.
Client is expected to arrive on-time for the scheduled group coaching sessions and live calls. Coach will provide a ten (10) minute grace period for Client to arrive and Coach may refuse attendance if Client is later than the grace period.
It is expected that Client will be respectful and cooperative towards Coach and to fellow participants, both during the group coaching sessions and live calls, as well as in any online, public or private forums included as part of the Services. If at any time Coach, in their sole discretion, determines that Client is not acting in accordance with these expectations, Coach may terminate this Agreement without refund and any payments owing towards the Fee will immediately become due.
Client shall not make any false, disparaging or derogatory comments or statements in public or private regarding Coach, its employees or agents. Coach may, in its sole discretion, terminate this Agreement in the event Client is in breach of this section.
During the Term, Client agrees to maintain communication, be on time for all group coaching sessions and live calls, and provide all information and feedback needed for Coach to carry out their obligations under this Agreement. Parties agree to inform the other using reasonable efforts, should a delay occur, or be expected to occur. If Client does not maintain communication or provide Coach with information as requested and required from time to time, Coach may, in their discretion, delay or cancel the Services.
In exchange for the Services, the total fee is $5499 plus all applicable sales taxes (“Fee”) when paid for the Program in full. The Fee is payable in US Dollars. Payment plans are available as outlined on the Site.
Company accepts payment either by credit card and Paypal. Please note that there may be processing fees charged for using certain payment methods.
Credit Card Authorization
Client acknowledges and authorizes Company to automatically charge their credit card provided to Coach for all payments owing under this Agreement. Client authorizes Coach to charge all payments to Client’s credit card at the time payment is due and no separate authorization is required. If Client cancels or replaces credit card, Client must immediately provide Coach with new credit card information.
Failed or Missed Payments
If payment is not received within seven (7) from payment due date, the Company may, in it’s discretion, stop the Services, and remove access to any Services and materials, until any outstanding payment is received in full. If payments are late or missed without previous notification to Coach, an additional late fee of $100 USD will be requested from Client.
CANCELLATION AND REFUNDS
Suspension of Payment
In the event a suspension or cancellation of payment occurs, the complete payment will be necessary to resume Services. A prorated amount will not be provided. If payments are late or missed without previous notification to Company, an additional late fee of $100 USD will be requested from Client.
We provide a full refund guarantee within ten (10) days of registering for the Program with written notice. We may, at our sole discretion, place the Program on hold as determined on a case-by-case basis. Client acknowledges that no refunds will be provided after this date and Client is responsible for the full amount owed regardless of continued participation in the Program.
CONFIDENTIALITY AND PRIVACY
Confidentiality and Non-Disclosure
The Parties acknowledge that during the Term, certain confidential information may be disclosed to the other Party, either orally or in writing. For the purpose of this Agreement, “Confidential Information” means information that is of value and is treated as confidential and proprietary by its owner, and includes, but is not limited to, business records, financial data, marketing strategies, advertising campaigns, inventions, client lists, personal data, software, operation manuals, social media account metrics and passwords, Site usernames and passwords, intellectual property, trade secrets, and the contents of this Agreement (“Confidential Information”). Client and Coach each agree not to disclose to any other person or entity or make use of the Confidential Information without the express written consent of the other, except to the extent that such disclosure is necessary to carry out their duties under this Agreement or as required by law. At the end of the Term or early cancellation of this Agreement, each Party will return all Confidential Information to the other, and will remain bound by their duty of confidentiality to the other.
Coach may collect personal information during the Term, including Client name, address, email address, phone number, billing information, financial and business information, or other personal information (“Personal Information”). By providing any Personal Information to Coach, Client consents and grants Coach permission to use and store such information in order to facilitate the Services. Client acknowledges and consents to the use of technology, telephones, e-mails, applications and third-party platforms that use video and audio, such as Zoom, Skype, Thrivecart, WordPress, Learndash, Wishlist, Facebook, Google and third-party payment providers, such as Paypal and Stripe, to be used by Coach in order to deliver the Services. Client confirms Coach is not responsible for the terms and policies of any third-party platforms and it is Client’s responsibility to review third-party privacy policies and terms and conditions.
Ownership and Use of Materials
Client acknowledges that all content and materials used and distributed in providing the Services, including any content or resources on the Company’s Site, social media platforms and member portal (if applicable) belongs exclusively to Company, the sole copyright owner of the original materials, unless stated otherwise.
By receiving any unique and original materials from the Company as part of the Services, the Company will grant a limited non-exclusive royalty-free license to Client for their use only and as directed by the Company and Coach. Client is strictly prohibited from reproducing or distributing any part of the written, video, and audio digital materials or sharing them with others without Coach’s explicit permission to do so. All of Coach’s intellectual property, including copyrighted materials and trademarks, shall remain the sole property of the Company.
The Company retains the right to use any and all content created by the Company or Coach for Client, while under the Agreement, for the purpose of providing samples of the Coach’s work and for instruction, including, but not limited to, presentations, lectures, webinars, and published material in any medium. Client’s name, likeness and content shall not be used without prior written consent.
Client shall not capture any of the coaching sessions in any way, including but not limited to video recording, photography, voice recording or screen shots. Any recordings provided by the Company will be for Client’s own use only and Client agrees they will not duplicate or share the recordings with any other person.
RELEASE, INDEMNITY AND WAIVER
PLEASE READ CAREFULLY. It is important Client fully understands that there are risks associated with the Program, and ask questions as needed. Client acknowledges and understands that they are waiving certain legal rights by signing this Agreement.
Client acknowledges there are certain risks associated with the Company providing the Services. Certain coaching techniques have inherent risks including, but not limited to, financial, physical, emotional, spiritual loss and damages. Some of the coaching techniques that are part of the Services include, but are not limited to, TIME Techniques, Neuro Linguistic Programming (NLP), Neural Energetic Wiring, Neural Energetic Encoding, Hypnosis and Emotional Freedom Technique (EFT). Risks from the coaching techniques may include dizziness, fainting, physical discomfort, and any other pain resulting from the Services, whether or not the symptoms came as a result of the negligence of the Client, negligence of others, or negligence of the Company. Should Client have any concerns or doubts about ability to participate or receive the Company or Coach’s Services, Client will contact Coach immediately to inform them of any concerns and/or seek professional medical advice immediately where needed.
Client acknowledges that Coach is providing coaching Services, however the Parties are not entering into a patient-healthcare-provider relationship. Coach is not acting in the capacity of a regulated healthcare provider. Client specifically acknowledges that Coach is not diagnosing or treating any illness or disease or prescribing any medications. Client confirms they are in good physical and mental health, sufficient to participate in the Services, and has consulted with their physician or other health care provider prior to participating in the Services. Client understands that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and Client will not use it in place of any form of diagnosis, treatment or therapy.
Client understands and agrees that in using the Services, neither the Company nor any of its representatives are not providing legal, tax, or accounting advice. Client understands that the coaching relationship is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. Coach strongly encourages Client to seek specific legal, tax, and accounting related inquiries to the appropriately qualified professionals. YES SUPPLY is not acting as a business advisor, and Client must seek advice from the appropriate professionals when inquiring about business set-up or running a business. It is understood that YES SUPPLY is in no way responsible to know, advise, assist or ensure that Client is permitted to practice the Services and make use of any YES SUPPLY certifications in their home jurisdiction. Client is solely responsible to do their own due diligence and ensure that they are permitted to practice any of the YES SUPPLY methods, techniques and/or Services in their own jurisdiction, and to adhere to any licensing requirements or regulations that may be in place. The Company shall not be held liable for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided, or Client’s use of any techniques learned in the Program.
Client acknowledges the Company makes no warranty that the Services will lead to any specific Client goal, financial success or particular results and the Company makes no promise that each Client will experience the same or similar results. The Company makes no guarantee that Client will be able to use the Services, YES SUPPLY techniques and/or certifications in their own coaching practice and jurisdiction. Materials displayed on the Site and Services are provided without any warranties as to its accuracy. There is no guarantee that you will get any results or earn any money using any of YES SUPPLY INC.’s ideas, tools, strategies or recommendations. Client acknowledges that the Services and materials provided are provided without any guarantees or express or implied warranties of any kind.
No Earnings Guarantee
Client acknowledges Coach makes no warranty or guarantee that Services will lead to any specific earnings, business growth or financial results or that Client will experience the same or similar results as others who use the Services.
Voluntary Assumption of Risk
Client acknowledges and agrees that they are fully aware of the risks associated with the Services. Client’s voluntary engagement of the Services is evidence of Client’s understanding and assumption of the risks. Client understands and agrees that they are fully responsible for their own physical, mental and emotional well-being during coaching calls, including choices and decisions, and in their personal choices. Client confirms they have full capacity and are the age of majority in their jurisdiction of residence to enter into this Agreement.
Release, Waiver, and Indemnity
Client releases, indemnifies and saves harmless the Company, the Coach, its agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns (collectively, “Released Parties”) from any and all liability and damages arising from the Services or Site, including financial damages or personal injuries, loss of business, loss of goodwill, and loss of data, however caused, including negligence, during Client’s engagement of Coach for the Services. Client further agrees to forfeit all forms of legal recourse which may be available to Client, including but not limited to any form of damages, costs, losses or expenses as a result of the Services. Client acknowledges this release of liability is binding on Client’s heirs, executors and anyone else who may be able to bring a legal action on Client’s behalf in the future. This clause survives the expiration or early termination of this Agreement.
Limitation of Liability
In the event the Company is found liable for any reason for damages arising directly or indirectly from this Agreement, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed the Fee paid by Client to Coach.
Client grants the Company the irrevocable right and permission to use, throughout the world and in perpetuity, royalty-free, Client’s image, likeness, photographs, video content, audio recordings or any other record of Client that is submitted to the Company directly (for example by: email, Facebook, Instagram or other social platform or messaging service) or posted on Client’s social media platforms with the Company or Coach referenced or references to Company or Coach’s social media platforms, whether captured by Client, Coach, or a third party, for any marketing or promotional purposes whatsoever, without asking for permission. Client releases Coach from all claims that Client may have in relation to the use of the images, posts or claims to royalties.
If Client knows someone who would benefit from the YES SUPPLY METHOD Practitioner Training, online or in-person, Client may opt into the YES SUPPLY Affiliate Program (“Affiliate Program”). For every new participant to the YES SUPPLY METHOD Practitioner Training, Client will receive a fifteen percent (15%) commission from the sale of the program using the tracking platform, Thrivecart. Please inform Coach if interested in the Affiliate Program in order to get set up. Nothing in this Agreement is understood to create a partnership, joint venture or employment relationship between Coach and Affiliate Program member. The Affiliate Program is only valid for YES SUPPLY METHOD Practitioner Training and none of the other trainings offered by YES SUPPLY.
Each Party agrees it has acted in good faith and will continue to do so during the Term of this Agreement. This extends to good faith during any dispute resolution process.
Governing Law and Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Toronto, Ontario.
Relationship of Parties
Nothing in this Agreement shall be understood to create an employment, joint venture or partnership relationship between Coach and Client. The relationship is strictly that of Coach delivering the Services as a service provider. Further, the relationship does not extend to any relationship beyond the Services.
In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.
Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, hazardous situations, war, a pandemic as defined by the World Health Organization, strike, or riot, and either party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services.
This Agreement may not be assigned to any other party except with the express written consent of the other Party.
If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver of Breach
The waiver by one Party of any breach of this Agreement by the other Party will not be taken to be a waiver of any future breaches by the breaching Party. The non-breaching Party reserves the right to exercise or enforce their rights at a later date.
This Agreement constitutes the full agreement between the Parties and supercedes any prior negotiation, understanding or Agreement between the Parties, whether oral or written, on the matters contained in this Agreement.
The Parties may only amend this Agreement by mutual written agreement.
Any term of this Agreement which addresses performance or observance following the early termination or expiration of this Agreement shall survive and will continue to be in full force and effect. All things considered confidential during the Term will survive and always remain confidential.
Understanding and Independent Legal Advice
By clicking “Buy Now”, “Purchase” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling electronically, verbally or otherwise, Client acknowledges that they are entering into a legally binding Agreement, that they understand the terms contained in this Agreement, and have had the opportunity to seek independent legal advice.