User Agreement for TOYIN CRANDELL COACHING
Self Mastery Academy Monthly Subscription
Self Mastery Academy Monthly Subscription
TOYIN CRANDELL COACHING
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING TOYIN CRANDELL
CRANDELL COACHING’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH SELF MASTERY ACADEMY MONTHLY SUBSCRIPTION, BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT
- YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF TOYIN CRANDELL COACHING PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH TOYIN CRANDELL I'm COACHING’S SELF MASTERY ACADEMY, AND CONTACT US
IMMEDIATELY AT HELLO@MONEYMINDSETSHIFT.CA
This Agreement (“Agreement”) is a legal contract between TOYIN CRANDELL COACHING located at 2317 Salem Rd N. Ajax, Ontario, Canada (“TOYIN CRANDELL COACHING ”) and
“YOU”, an individual and collectively, the “Parties”.
WHEREAS, TOYIN CRANDELL COACHING is engaged in this business of marketing and client coaching services; and
WHEREAS, YOU desire to engage TOYIN CRANDELL COACHING to provide business coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation;
NOW THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1.1 Programs: Under the terms of this Agreement, TOYIN CRANDELL COACHING agrees to provide coaching services to YOU in the form of Self Mastery Academy© Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program”) in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2 Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement you will become enrolled in the Self Mastery Academy© monthly subscription.
1.1.3 Termination: TOYIN CRANDELL COACHING may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2 Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay TOYIN CRANDELL COACHING
1.2.1 Cancellation of Subscription: We or you may terminate or cancel your subscription to the Services at any time and such termination or cancellation shall be effective upon the end of your then-current subscription term. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of the Agreement or our enforcement or application of the Agreement; (ii) any of our practices or policies, including, without limitation, our Privacy Policy, or our enforcement or application of these policies; (iii) the content available through the Services; (iv) your ability to access and/or use any the Services components; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to the Services, we may immediately deactivate your user account and/or delete all related information and/or files in your user account and/or bar any further access to such information and/or files, except as we may otherwise provide from time to time. You can cancel your subscription by contacting hello@moneymindsetshift.ca. Upon cancellation by you for any reason, your subscription cannot be restarted for a minimum of 12 months. We will attempt to process all cancellation requests within 48 business hours after we receive your request. If you cancel less than 24 business hours before the relevant billing period begins, you agree that you will be liable for the then current subscription fee for such billing period and are not entitled to a refund of that final subscription fee. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
1.3 Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by TOYIN CRANDELL COACHING YOU affirmatively agree and acknowledge that TOYIN CRANDELL COACHING may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.4 Photo Release and Event Liability Waiver. You acknowledge that participating in the Program exposes you to possible personal injury. Therefore, you hereby release the Company and its officers, directors, employees, agents, licensees, subsidiaries, consultants, independent contractors, and affiliates from any and all liability from property damage, personal injury, or other claims arising from or in connection with your participation in the Program, including claims known and unknown, foreseen and unforeseen, future or contingent.
With full knowledge of the risks involved, you hereby release, waive, discharge the Company, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by you related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
You covenant that you shall not now or at any time in the future, directly or indirectly commence or prosecute any action, suit, or other proceedings against the Company or the Company sponsors and their officers, directors, employees, agents, licensees, subsidiaries, consultants, independent contractors, and affiliates arising out of or relating to the actions, claims and demands hereby waived, released, or discharged by you.
You hereby grant, release, and quit claim to the Company the right and authority to use, reproduce, and distribute your photograph, likeness, recorded voice, or videotape-filmed appearances (“the Material”) for promotional or advertising purposes or programs as the Company, in our sole discretion, shall deem appropriate. Further, you grant the Company permission to use your postal mailing address and/or electronic mail address to disseminate future mailings related to events and promotions hosted by the Company.
1.5. No Refunds: By accepting the terms of this Agreement, you understand and agree that TOYIN CRANDELL COACHING has a strict, no refund policy for access and use of their Program(s). You take full responsibility for your own success and therefore waive your right to claim any refund of fees paid. You acknowledge that no refunds are available and that if you cannot participate for any reason, you will continue to be billed through the end of the Term. You also agree to not initiate any chargebacks. These payment terms and no-refund policies are material conditions of this Agreement, and their absence would cause the Company to not enter into this Agreement.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that TOYIN CRANDELL COACHING provides Program(s) related to coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone’s success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience income loss by using the Program(s). In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any business venture.
2.2 Limited Liability: In no event with TOYIN CRANDELL COACHING be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if TOYIN CRANDELL COACHING has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment to the Program: By accepting the terms of the Agreement, YOU commit to agree to faithfully execute all the lessons, assignments, and course work in the Program to the best of your ability. You further agree to attend ALL scheduled coaching sessions included as part of the Program(s). You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
2.4 Default from Non-Payment. You agree that you are responsible for the fees for the entire duration of the Program, whether or not you decide to take advantage of all membership benefits or discontinue participation in the Program prior to its completion. Should any payments become more than 30 days late, the entire balance becomes due and payable immediately at day 31. Program participants’ whose funds have not been received within 32 days after being due will be removed from the Program and their participation will be terminated until full payment has been made. Should you be removed from the Program for default of payment, you will be allowed back into the Program once all payments have been caught up. No refund will be given to you for any lapsed time where access to the Program was denied, nor will the Term be extended for you.
2.5 In-Person Mastermind Meetings. Toyin Crandell Coaching reserves the right to reschedule any live event and/or convert any live event to a virtual event, at our own sole discretion, and without further compensation to you. While Toyin Crandell Coaching covers some meals throughout the events, you are responsible for purchasing your own room accommodations, transportation, and meals.
SECTION 3: Confidentiality
3.1 Confidentiality: Only authorized users, who have duly attained access to any Program(s) offered by TOYIN CRANDELL COACHING by personally agreeing to the terms of this Agreement are permitted use and participate with such Program(s). Except as expressly authorized by the Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the any Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of TOYIN CRANDELL COACHING under Canadian copyright trademark and that as YOU and TOYIN CRANDELL COACHING, TOYIN CRANDELL COACHING and its third party licensors own and shall continue to own all right title, and interest in and to the Audio and/or Visual Presentations, Documentation and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of TOYIN CRANDELL COACHING whether by implication, estoppel or otherwise. Any and all trademarks or service marks that TOYIN CRANDELL
COACHING uses in connection with services rendered by TOYIN CRANDELL COACHING are marks owned by TOYIN CRANDELL COACHING. This Agreement does not grant you any right, license or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1 Non-transferability: The right and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2 Indemnification: YOU will, at your own expense, defend, indemnify, and hold TOYIN CRANDELL COACHING, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3 Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and hold TOYIN CRANDELL COACHING concerning the Program(s), and this Agreement supercedes and replaces and prior proposal, representation, or understanding YOU have had with TOYIN CRANDELL COACHING relating to the Program(s), whether oral or written.
4.4 Amendment: TOYIN CRANDELL COACHING reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.moneymindsetshift.ca
4.5 Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of Canada and the Province of Ontario. The venue for any dispute shall be in the city of Toronto.
4.6 Attorney’s Fees and Legal Expenses: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorney’s fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
BYA ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
1.3 Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by TOYIN CRANDELL COACHING YOU affirmatively agree and acknowledge that TOYIN CRANDELL COACHING may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.4 Photo Release and Event Liability Waiver. You acknowledge that participating in the Program exposes you to possible personal injury. Therefore, you hereby release the Company and its officers, directors, employees, agents, licensees, subsidiaries, consultants, independent contractors, and affiliates from any and all liability from property damage, personal injury, or other claims arising from or in connection with your participation in the Program, including claims known and unknown, foreseen and unforeseen, future or contingent.
With full knowledge of the risks involved, you hereby release, waive, discharge the Company, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by you related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
You covenant that you shall not now or at any time in the future, directly or indirectly commence or prosecute any action, suit, or other proceedings against the Company or the Company sponsors and their officers, directors, employees, agents, licensees, subsidiaries, consultants, independent contractors, and affiliates arising out of or relating to the actions, claims and demands hereby waived, released, or discharged by you.
You hereby grant, release, and quit claim to the Company the right and authority to use, reproduce, and distribute your photograph, likeness, recorded voice, or videotape-filmed appearances (“the Material”) for promotional or advertising purposes or programs as the Company, in our sole discretion, shall deem appropriate. Further, you grant the Company permission to use your postal mailing address and/or electronic mail address to disseminate future mailings related to events and promotions hosted by the Company.
1.5. No Refunds: By accepting the terms of this Agreement, you understand and agree that TOYIN CRANDELL COACHING has a strict, no refund policy for access and use of their Program(s). You take full responsibility for your own success and therefore waive your right to claim any refund of fees paid. You acknowledge that no refunds are available and that if you cannot participate for any reason, you will continue to be billed through the end of the Term. You also agree to not initiate any chargebacks. These payment terms and no-refund policies are material conditions of this Agreement, and their absence would cause the Company to not enter into this Agreement.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that TOYIN CRANDELL COACHING provides Program(s) related to coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone’s success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience income loss by using the Program(s). In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any business venture.
2.2 Limited Liability: In no event with TOYIN CRANDELL COACHING be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if TOYIN CRANDELL COACHING has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment to the Program: By accepting the terms of the Agreement, YOU commit to agree to faithfully execute all the lessons, assignments, and course work in the Program to the best of your ability. You further agree to attend ALL scheduled coaching sessions included as part of the Program(s). You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
2.4 Default from Non-Payment. You agree that you are responsible for the fees for the entire duration of the Program, whether or not you decide to take advantage of all membership benefits or discontinue participation in the Program prior to its completion. Should any payments become more than 30 days late, the entire balance becomes due and payable immediately at day 31. Program participants’ whose funds have not been received within 32 days after being due will be removed from the Program and their participation will be terminated until full payment has been made. Should you be removed from the Program for default of payment, you will be allowed back into the Program once all payments have been caught up. No refund will be given to you for any lapsed time where access to the Program was denied, nor will the Term be extended for you.
2.5 In-Person Mastermind Meetings. Toyin Crandell Coaching reserves the right to reschedule any live event and/or convert any live event to a virtual event, at our own sole discretion, and without further compensation to you. While Toyin Crandell Coaching covers some meals throughout the events, you are responsible for purchasing your own room accommodations, transportation, and meals.
SECTION 3: Confidentiality
3.1 Confidentiality: Only authorized users, who have duly attained access to any Program(s) offered by TOYIN CRANDELL COACHING by personally agreeing to the terms of this Agreement are permitted use and participate with such Program(s). Except as expressly authorized by the Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the any Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of TOYIN CRANDELL COACHING under Canadian copyright trademark and that as YOU and TOYIN CRANDELL COACHING, TOYIN CRANDELL COACHING and its third party licensors own and shall continue to own all right title, and interest in and to the Audio and/or Visual Presentations, Documentation and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of TOYIN CRANDELL COACHING whether by implication, estoppel or otherwise. Any and all trademarks or service marks that TOYIN CRANDELL
COACHING uses in connection with services rendered by TOYIN CRANDELL COACHING are marks owned by TOYIN CRANDELL COACHING. This Agreement does not grant you any right, license or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1 Non-transferability: The right and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2 Indemnification: YOU will, at your own expense, defend, indemnify, and hold TOYIN CRANDELL COACHING, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3 Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and hold TOYIN CRANDELL COACHING concerning the Program(s), and this Agreement supercedes and replaces and prior proposal, representation, or understanding YOU have had with TOYIN CRANDELL COACHING relating to the Program(s), whether oral or written.
4.4 Amendment: TOYIN CRANDELL COACHING reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.moneymindsetshift.ca
4.5 Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of Canada and the Province of Ontario. The venue for any dispute shall be in the city of Toronto.
4.6 Attorney’s Fees and Legal Expenses: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorney’s fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
BYA ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.