TERMS & CONDITIONS
By clicking "I Agree", emailing your statement of agreement, entering your credit card information, or signing this agreement on this page or otherwise enrolling electronically, verbally, or otherwise in the course, couching, or service, you (the 'Client') are entering into a legally binding agreement with Bach Consulting, LLC a Virginia Corporation (the 'Company'), according to the following terms and conditions:
Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render the services related to education, consulting, coaching, and/ or marketing services (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, education, and marketing services. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on the Company's website or invoice 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.
PERIOD OF PERFORMANCE.
The term of this Agreement shall be solely limited to those contained therein and provided for on the Company's website or invoice as part of the Program. The term may be extended upon payment and mutual agreement in writing by the parties.
Client agrees to compensate Company according to the payment schedule set forth on Company's website, via email, invoice or Payment Schedule and the payment plan selected by the Client (the 'Fee') or otherwise noted in this agreement. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance of the Program for any reason whatsoever, Client will receive no refund.
LIMITATION OF LIABILITY.
by using company’s services, client releases company from any and all damages that may result from anything and everything. client accepts any and all risks, foreseeable or not foreseeable, arising from transactions under this agreement. notwithstanding the foregoing, if company is found to be liable, company’s liability to client or to any third party is limited to the total fees client paid to company in the month prior to the action giving rise to the liability. in no event shall either party, its affiliates or each of their partners, principals, agents, servants, personnel, officers and directors be liable for consequential, special, indirect, incidental, punitive or exemplary loss, damage or expense relating to this agreement, nor shall either party be liable for any claim or demand against the other party by any third party, regardless of whether either party has been apprised of the likelihood of such damages occurring. each of the parties hereby irrevocably waives, to the fullest extent permitted by law, all right to trial by jury in any action, proceeding or counterclaim (whether in contract, statute, tort (including, without limitation, negligence) or otherwise) relating to this agreement. The provisions of this paragraph shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence) or otherwise. The provisions of this paragraph shall survive the termination of this agreement for any reason.
Company represents that the services will be performed in a professional and workmanlike manner consistent with generally accepted industry practices. Client agrees to conduct itself in a professional, reasonable, and courteous manner at all times. THE EXPRESS WARRANTIES IN THIS AGREEMENT, INCLUDING ALL EXHIBITS, SHALL BE IN LIEU OF ALL OTHER WARRANTIES.
In the event that Client is in arrears of payment or has otherwise breached its obligations under this Agreement, Company may terminate this Agreement immediately by providing written notice via email to the Client.
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.
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.
In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia 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 Virginia, 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 non-prevailing party in order to enforce the provisions of this 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.
The ownership, 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.
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.
Upon execution by clicking 'I agree', or emailing a statement of agreement, or signing below, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or email executed copy or acceptance of this Agreement, with a written or electronic signature of statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.