Temple of Profit Monthly memberhsip

 

By paying for this program you are entering into a contract with Jeanette Carbajal. 

 

Description of The Temple of Profit monthly membership: This is a monthly membership between the Coach and the Client in a through-provoking and creative process that inspires the client to maximize personal potential.  It is designed to facilitate the creation/development of personal, professional and mindset goals to develop and carry out a strategy/plan for achieving those goals. Jeanette is helping you at her highest ability and is not to be held responsible for anything in your business. Jeanette’s practices are a novel concept designed to help with launches, energetics and funnels. 

1) Coach-Client Relationship A. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior. B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time. D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. E. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach. F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program. 

 

2) Services. The parties agree to engage in a automatic recurring monthly contract consisting of:

 

• 4 sessions per month on Thursdays (excluding U.S. Holidays).

 

3) Schedule and Fees: This coaching agreement is valid as of the first payment. The payment plan option for The Temple of Profit membership is $2222 every 6 months.

 

4) Confidentiality: This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. 

 

The Coach has requested and the Client agrees that the Client will protect the confidential material and information which may be disclosed between the Coach and the Client. Therefore, the parties agree as follows: 

1. Confidential Information. The term “Confidential Information” means any information or material which is proprietary to the Coach, whether or not owned or developed by the Coach, which is not generally known other than by the Coach, and which the Client may obtain through any direct or indirect contact with the Coach. Regardless of whether specifically identified as confidential or proprietary. Confidential Information shall include any information provided by the Coach concerning the business, technology and information of the Coach and any third party with which the Coach deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyright and intellectual property, inventions, sale leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. 
1. “Confidential Information” does not include: 
1. Matters of public information that result from disclosure by the Coach;
2. Information rightfully received by the Client from a third party without a duty of confidentiality; 
3. Information independently developed by the Client; 
4. Information disclosed by operation of law;
5. Information disclosed by the Client with the prior written consent of the Coach;
6. And any other information that both parties agree in writing is not confidential.
2. Protection of Confidential Information. The Client understands and acknowledges that the Confidential Information has been developed or obtained by the Coach by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Coach which provides the Coach with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Client of the Confidential Information, the Client agrees as follows: 
1. No Disclosure. The Client will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Coach.
2. No Copying/Modifying. The Client will not copy or modify any Confidential Information without the prior written consent of the Coach. 
3. Unauthorized Use. The Client shall promptly advise the Coach if the Client becomes aware of any possible unauthorized disclosure or use of the Confidential Information. 
4. Application to Employees. The Client shall not disclose any Confidential Information to any employees of the Client, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Coach. 
3. Unauthorized Disclosure of Information – Injunction. If it appears that the Client has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Coach shall be entitled to an injunction to restrain the Client from disclosing the Confidential Information in whole or in part. The Coach shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages. 
4. Non-Circumvention. For a period of nine (9) years after the end of the term of this Agreement, the Client will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by Coach to Client for the purpose of circumventing, the result of which shall be to prevent the Coach from realizing or recognizing a profit, fees, or otherwise, without the specific written approval of the Coach. If such circumvention shall occur the Coach shall be entitled to any commissions due pursuant to the Agreement or relating to such transaction. 
5. Return of Confidential Information. Upon the written request of the Coach, the Client shall return to the Coach all written materials containing the Confidential Information. The Client shall also deliver to the Coach written statements signed by the Client certifying that all materials have been returned within five (5) days of receipt of the request. 
6. Relationship of Parties. Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture. 
7. No Warranty. The Client acknowledges and agrees that the Confidential Information is provided on an “AS IS” basis. THE Coach MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE Coach BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. The Coach does not represent or warrant that any product or business plans disclosed to the Client will be marketed or carried out as disclosed, or at all. Any actions taken by the Client in response to the disclosure of the Confidential Information shall be solely at the risk of the Client. 
8. Limited License to Use. The Client shall not acquire any intellectual property rights under this Agreement except the limited right to use as forth above. The Client acknowledges that, as between the Coach and the Client, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of the Coach, even if suggestions, comments, and/or ideas made by the Client are incorporated into the Confidential Information or related materials during the period of this agreement. 
9. Indemnity. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, cost, and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
10. Attorney’s Fees. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. 
11. Term. The obligations of this Agreement shall survive 9 years from the Effective Date or until the Coach sends the Client written notice releasing the Client from this Agreement. After that, the Client must continue to protect the Confidential Information that was received during the term of this Agreement from unauthorized use or disclosure indefinitely. 
12. General Provisions. This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of California. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the term of this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and be construed so as to best effectuate the original intent and purpose of this Agreement. 
13. Whistleblower Protection. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i)  made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal. 
14. Signatories. This Agreement shall be executed by Jeanette Carbajal, Coach, on behalf of Experience Health by Jeanette, and The Client and delivered in the manner prescribed by laws as of the date first written above.

 

5) Medical Disclaimer: This service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something discussed or encountered during a session. If you express that you are going to harm yourself or harm others or are having suicidal ideations or plan to act on them, The Coach will share resources for you to get help.

 

6) Release of Information (Optional, based upon the specific situation): The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared. 

 7) Termination: This is an automatic recurring monthly subscription and can be canceled at any time by emailing [email protected].

 

8) Limited Liability: Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. 

 

9) Entire Agreement: This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client. 

 

10) Dispute Resolution: If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party. 

 

11) Sever-ability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

 

12) Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

 

13) Applicable Law: This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws provisions. 

 

14) Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.