Amanda Fardella LLC Client Service Agreement

 

WHEREAS Client desires to receive certain consulting services from Teacher, and Teacher desires to provide such services on the terms and conditions set forth herein.

 

NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Teacher hereby agree as follows:

 

 

• Description of Services.

 

Teacher agrees to develop and provide the services set forth on EXHIBIT A attached hereto (the "Services").

 

 

• Methodology.

 

Client understands that Teacher makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Teacher is not an employment agent, legal attorney, accountant, business manager, financial analyst, or psychotherapist.

 

• Compensation (if applicable)

 

Client agrees to compensate Teacher according to the payment schedule set forth on EXHIBIT B and must set forth payment before being granted access to the training resources and modules. 

 

 

• Refunds.

 

This program is non-refundable. Once payment is submitted, client shall not be entitled to any refund at any time under any circumstances.

 

 

• Failed Payments.

 

In the event Client fails to make any of the payments within the time prescribed, Teacher has the right to immediately cease all work and client access until payment in full is paid. In addition, all unpaid payments within the time prescribed will be sent as virtual invoices, and any unpaid invoices or bounced payments are subject of notice and advancements to collection agencies.

 

 

• No Transfer of Intellectual Property.

 

Teacher’s copyrighted and original materials shall be provided to the Client for Client's individual use only. Client shall not be authorized to use any of Teacher’s intellectual property for Client’s business purposes. All intellectual property, including Teacher’s copyrighted course materials, shall remain the sole property of Teacher. No license to sell or distribute Teacher’s materials is granted or implied. The Teacher reserves the right to immediately remove Client from program(s), without refund, if you are caught violating this intellectual property policy along with legal action against them. 

 

 

• No Distribution of Services.

 

Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any commercial purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third-party access to the Services or any other goods and services provided in connection therewith (including course materials).

 

 

• Confidentiality.

 

Teacher has the right to use case studies of Client’s situations and results or Client testimonials in future work but without referring to Client’s full identity.

Client will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name.

1. Disclaimer of Guarantee.

CLIENT ACCEPTS AND AGREES THAT CLIENT IS 100% RESPONSIBLE FOR CLIENT'S PROGRESS AND RESULTS FROM THE SERVICES. CLIENT ACCEPTS AND AGREES THAT CLIENT IS THE ONE VITAL ELEMENT TO SUCCESS AND THAT TEACHER CANNOT CONTROL CLIENT. TEACHER MAKES NO GUARANTEE OR WARRANTY THAT THE PROGRAM WILL MEET CLIENT’S REQUIREMENTS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME RESULTS.

 

THE SERVICES (AS DEFINED HEREIN) AND ALL OTHER GOODS AND SERVICES PROVIDED BY TEACHER HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TEACHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT THE SERVICES (AS DEFINED HEREIN) OR ANY OTHER GOODS AND SERVICES PROVIDED BY, THROUGH OR ON BEHALF OF TEACHER UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

 

 

• Notice to seek legal advice and disclaimer of legal suitability.

 

Client is aware that Teacher is not a lawyer and is not providing legal advice or guaranteeing legal suitability of short-term rentals for Client. Client should seek legal advice regarding the suitability of short-term rentals and short-term rental management for Client’s proposed location/market. Client acknowledges that Teacher is not liable if short term rentals are not permitted in the Client’s jurisdiction or short-term rentals become prohibited in the Client’s jurisdiction.

 

 

• Medical Disclaimer.

 

Client is aware that Teacher does not solve medical issues nor treat disease and is therefore not a replacement for client’s medical doctor, therapist, or physician. If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Teacher prior to working together.

 

 

• Limitation of Liability.

 

BY USING TEACHER TO PROVIDE THE SERVICES, CLIENT ACCEPTS ANY AND ALL RISKS, FORESEEABLE OR NON-FORESEEABLE, ARISING FROM SUCH TRANSACTIONS AND CLIENT'S USE OF THE SERVICES (AS DEFINED HEREIN). IN NO EVENT WILL THE AGGREGATE LIABILITY OF TEACHER WITH REGARD TO THIS AGREEMENT, THE SERVICES (AS DEFINED HEREIN), OR ANY OTHER GOODS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID BY CLIENT TO TEACHER UNDER THIS AGREEMENT. ALL CLAIMS AGAINST TEACHER MUST BE LODGED WITH THE ENTITY HAVING JURISDICTION WITHIN 100 CALANDER DAYS OF THE DATE OF THE EVENTS FIRST GIVING RISE TO THE CLAIM OR OTHERWISE BE FORFEITED FOREVER.

 

TEACHER SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS OR USE) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

• Indemnification.

 

Client shall defend, indemnify, and hold harmless Teacher and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities 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 Services and other goods and services in connection herewith. Client hereby agrees that Teacher's employees, affiliates, representatives, successors, and assigns shall not be liable for any acts or omissions of Teacher.

 

 

• Miscellaneous.

 

Client may not assign or otherwise transfer this agreement, in whole or in part, without the prior written consent of Teacher. Any attempt by Client to assign or otherwise transfer this agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.

 

This agreement shall be governed by and construed in accordance with the laws of the Pennsylvania, without reference to conflict of law principles. All disputes arising out of this agreement will be subject to the exclusive jurisdiction and venue of courts sitting within Monroe County, Pennsylvania, Monroe County court and the party’s consent to the personal and exclusive jurisdictions of these courts.

 

If for any reason any provision of this agreement is held to be invalid or unenforceable, that provision of this agreement will be enforced to the maximum extent permissible and the other provisions of this agreement will remain in full force and effect.

 

Any modification or amendment of any provision of this agreement will be effective only if in writing and signed by duly authorized representatives of the parties hereto. None of the provisions of this agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorized representative of such party. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.

 

Neither party will be responsible for any failure or delay in performing any of its obligations under this agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed thirty days from the date of notice of failure.

 

The parties are independent contractors and neither this agreement nor any provision hereof shall be deemed to create any relationship of joint venture, partnership, franchise, employment, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

 

This agreement contains the complete understanding and agreement of the parties hereto and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein. This agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument. Delivery of an executed signature page by any electronic means (including via any electronic or digital signature) shall be deemed effective as delivery of a validly binding original signature hereto.

 

All exhibits attached to this agreement will be deemed a part of this agreement and incorporated herein by reference. The term “agreement” refers to this Service Agreement and all the exhibits attached hereto.

EXHIBIT A SERVICES

 

BNB Management & Cohosting Blueprint Virtual Course

• Access to Kajabi’s virtual portal for access to courses video modules, tasks, and downloadable resources where applicable.
• Access to Private Facebook Group for questions directly related to the topics of the program (within a 48-hour turn around). 

These terms are subject to change.

 

EXHIBIT B PAYMENT TERMS

 

By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Amanda Fardella LLC via one of these three payment options in full to gain and maintain access to program resources. Applicable discounts are not reflected in these payment terms.

 

Each installment will automatically be charged to your payment method recorded in your Kajabi account 30 days after the prior payment until the payment conditions are reached full.

 

Option 1:

One Time Installment

$1,897

 

Option 2:

3 monthly Installments

Two installments for a total of $2,097. The second and third installment will automatically be charged to your payment method recorded in your Kajabi account 30 days after your first payment.

Option 3:

6 monthly Installments

Six installments for a total of $2,394. Each installment will automatically be charged to your payment method recorded in your Kajabi account 30 days after the previous scheduled payment.

In the event Client fails to make any of the payments within the time prescribed, Teacher/Coach has the right to immediately cease all work and client access until payment in full is paid. In addition, all unpaid payments within the time prescribed will be sent as virtual invoices, and any unpaid invoices or bounced payments are subject of notice and advancements to collection agencies.