Terms and Conditions
SCOPE OF SERVICES. FAMILY LIFE COACH shall develop, implement and maintain Client’s life plan. Payment in full concludes all business. The Company may sub-contract, sub-let or assign such portion of the services under this Agreement as it may believe advisable. The Company reserves the right, at any time, to stop performance of the services hereunder until such time as any past due payment, according to the payment terms of this Agreement, are brought up to date.
LIMITATION OF LIABILITY. It is understood and agreed that FAMILY LIFE COACH HEREBY DISCLAIMS ANY AND ALL LIABLITY AND CLIENT SHALL ASSUME ALL RESPONSIBILITY FOR OBTAINING INSURANCE TO COVER LOSSES OF ALL TYPES. FAMILY LIFE COACH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY STATED HEREIN. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED. FAMILY LIFE COACH SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF FAMILY LIFE COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FAMILY LIFE COACH'S TOTAL LIABILITY TO CLIENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY CLIENT, IF ANY, FOR THE VALUE OF THE SERVICES PROVIDED HEREUNDER.
PERSONAL GUARANTEE. The undersigned individual signing on behalf of Client(s) personally guarantee the payment of any and all future obligations which may be owing to the Company upon demand, whether or not a lawsuit is filed. The Client agrees that upon the dishonor of any check for whatever reason, the undersigned Client shall be jointly and severally responsible for the payment. This is a continuing personal guarantee and may be revoked only in writing by delivery to the Company of the revocation by certified mail return receipt requested.
INDEMNIFICATION. Client shall indemnify and hold harmless FAMILY LIFE COACH against all claims, obligations or liabilities including court costs and attorneys' fees, arising out of Client's tortious or unauthorized acts, misrepresentations, omissions, failure to perform its obligations hereunder, or any acts not expressly authorized in writing, related to or beyond the scope of this Agreement.
NON-CIRCUMVENTION. Client agrees that the terms and conditions of this agreement are fully applicable and binding to itself, its officers, directors, shareholders, affiliates, subsidiaries, contractees, clients, representatives, employees, associates, assigns, trustees, heirs and/or assigns or executors, and Client irrevocably binds itself not to deal independently with any person, business, corporations, partnership, buyer, sellers, borrowers, lenders, agents, brokers, institutions, including their affiliates, subsidiaries, contractees, clients, representatives, employees, associates, assigns, trustees, heirs and/or assigns, or executors or other entities introduced or known to Client, without the knowledge of FAMILY LIFE COACH, subject to all of the terms and conditions in this Agreement. Client agrees not to attempt to circumvent, avoid or bypass FAMILY LIFE COACH in any manner, regarding any agreements or disclosures made between the parties hereto.
TERMINATION. This Agreement may be terminated by FAMILY LIFE COACH and FAMILY LIFE COACH may, at its option, declare any unpaid balance and other sums payable by Client hereunder immediately due and payable for any one or more of the following reasons: (a) if Client fails to make payment when due; or (b) the Client substantially breaches any other obligation of this Agreement.
MEDIATION AND ARBITRATION. Any disputes between the parties hereto, whether arising under this agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a court certified mediator of the Court in the County of the principal office of FAMILY LIFE COACH, and any mediation shall be held in the County of the principal office of FAMILY LIFE COACH. The Client shall bear the cost of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in the County of the principal address of FAMILY LIFE COACH. The arbitration shall be held in the County of the principal office of FAMILY LIFE COACH and the Client shall bear the cost of said arbitration. In the event that the parties are unable to agree upon an arbitrator within 15 days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to California Statutes. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and supersedes all prior discussions, negotiations, agreements and understandings, whether oral or written, with respect to its subject matter.
MODIFICATION. No change or modification of this Agreement shall be valid unless it is IN WRITING AND SIGNED BY ALL THE PARTIES who are bound by the terms of this Agreement.
SEVERABILITY. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement.
VENUE AND JURISDICTION. Should a lawsuit be necessary to enforce this Agreement the parties agree that jurisdiction and venue are waived and suit shall be brought in the county of the principal office of FAMILY LIFE COACH.
NO-WAIVERS. The waiver by any party of any other party's breach of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach, and the waiver by any party to exercise any right or remedy shall not operate nor be construed as a waiver or bar to the exercise of such right or remedy upon the occurrence of any subsequent breach. No action on the part of either party to this Agreement shall be interpreted as waiver unless such action shall be in writing.
HEADINGS. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
GOVERNING LAW. This Agreement shall be governed by the laws of the State of California (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect and performance.
