KATYA MELVIN LLC   ENROLLMENT AGREEMENT

By clicking “I Agree,” or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement with Katya Melvin LLC a North Carolina Corporation (“Company”), according to the following terms and conditions:

1. COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education, seminar, consulting, coaching, and/or business-coaching (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises. 

1. Description of Services. Company shall provide Client with personal consulting and advising services (“Services”) that include the following: 
(a) Access to Self Study  Membership website for the duration of 1 year 

2. At the Company’s sole discretion, all of the Services will be conducted through a “Virtual Conference Call Provider”, including and by way of example, but not limited to, Zoom.us . Client understands and agrees to the Terms & Conditions for the use of the Company’s website, if applicable, and for the Virtual Conference Call Provider’s conference call platform chosen at the Company’s discretion. The Virtual Conference Call Provider may also have Terms & Conditions for the use of their conference call platform that can be found on their website. Conference Call Provider is used during the term of the Agreement. Company reserves the right to change, at its sole discretion, what Virtual Company Call Provider to use. 



2. TERM  This Agreement is valid as of the date listed below and will be in effect for twelve months thereafter (the “Term”). 


 

3. COMPENSATION. The applicable fee for the six month Term for this Agreement is $2,500. Payment must either be made in full at the beginning of the term.
 Client acknowledges and agrees that all payments made are deemed earned when paid and are non-refundable. If the Client elects to finance the annual fee and make monthly payments, Client authorizes the Company to charge the credit card provided and on file for the Client each month. Client also agrees to provide a back-up credit card for payment in the event the payment does not process or declines. Client acknowledges, understands, and agrees that failure to authorize the automatic payments and/or if Client disputes a credit card payment processed as set forth in this provision that such failure to authorize or dispute shall be considered a breach of contract by Client. Client acknowledges, understands, and agrees that it must remain current in the payment of all Applicable Fees, or Installments if applicable, to continue its participation in the Program and its access to the Program materials and content. Client agrees to compensate Company according to the payment schedule set forth on Company’s website, or agreed upon  in person, or via a separate form that Client fills out and the payment plan selected by Client (the “Fee”). Company shall charge a 5% (five-percent) late penalty or via  to all balances that are not paid in a timely manner by Client.  

4. LATE PAYMENT  Right to Suspend Services. The Company reserves the right to suspend or cancel the performance of its Services if Client fails to make payments that are due and payable. If Client pays for the Applicable Fees via Installments, the Company may suspend or cancel performance of its Services if Client fails to pay two or more consecutive monthly Installments. If Company exercises its right to suspend its Services under this Section, the suspension shall remain effective so long as Client continues to default on making payments when due and payable, or for Installments, so long as Client fails to pay all of the unpaid, accrued Installments. Client consents to receiving e-mail notices from Company concerning when the Company has not received one or more payments from Client at any time. Client understands and agrees that in consideration of accepting this Agreement that the Company has made itself available to perform the Services and has been prevented from accepting other opportunities to perform its Services and other service; therefore in the event of cancellation for Client’s failure to pay the Applicable Fees or Installments, the parties acknowledge and agree that the Company is not required to refund any Installments or partial payments of the Applicable Fees to Client. Not withstanding the forgoing, Company also reserves its right to charge late fees and interest for any late payments.


 

5. REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance at the Program for any reason whatsoever, Client will receive no refund. 

6. CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit-Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

7. NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable with the Company’s without the Company’s prior written consent.

8. NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

9. LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. By using Company’s services and enrolling in the Program, Client releases Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or nonforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.

10. DISCLAIMER OF GUARANTEE.  NO PROMISE OF OUTCOME. While the Company will strive to assist Client with the highest and best level of services as provided in the scope of the agreement, Client understands that with any program, the Company is unable to make promises or guarantees with respect to any outcome from participation in the program and therefore Company does not guarantee success or any specific level of income or results associated with the services provided. Client further understands that ultimately Client is responsible for his or her success and that this program is designed to enhance, supplement, and support the Client.
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/ he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.

11. COURSE RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

12. USE OF COURSE MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.

13. NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

14. TERMINATION.
This Agreement may not be terminated by either party during the term of the Agreement. If Client attempts to terminate the agreement during the twelve month term or if Client elects to stop utilizing the available contracted services during the twelve month term Client’s obligation to pay for the full purchase price for the twelve months shall remain. Notwithstanding the foregoing, if Client is in breach of this Agreement, or if Client violates the conditions set forth in the Terms & Conditions for use of the Membership Site and Facebook Group, Company may terminate this Agreement with fifteen (15) days written notice. If Client’s breach includes improper use of the Facebook group or Membership Site materials, Company reserves the right to immediately remove Client from the Facebook Group and/or restrict access to the Membership site. If Company elects to terminate this agreement due to Client’s breach of the Agreement, failure to adhere to the Terms & Conditions, and/or for misuse of the program materials or membership site, Client shall remain responsible for payment for the services for the six month term. Should Client attempt to terminate this Agreement prior to the end of the Term, Client remains responsible for the payment in full of the applicable fee.



15. CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

16. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

17. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements - 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 product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

18. CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.

19. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of North Carolina, Currituck County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the nonprevailing party in order to enforce the provisions of this Agreement.

20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

21. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

22. SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

23. OTHER TERMS. Upon execution by clicking “I agree,” the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.