By clicking “Complete my purchase" or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling electronically, verbally, or otherwise, You (“Client”) agree to be provided with products, programs, or services by Corinna Hancock, acting on behalf of Caahm Kinesiology Academy (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
1. TERMS.
- Upon execution of this Agreement, electronically, verbally, or otherwise, the Teacher agrees to provide services in accordance with the program selected by You, the client, and as outlined below (the “Program”).
- The scope of services rendered by Corinna Hancock, pursuant to this contract shall be solely limited to those contained therein and/or provided for on Teachers’s Website www.caahmkinesiologyacademy.com or other sales page owned by the Company (the “Site”) as part of the Program.
- Teacher reserves the right to substitute services equal to or comparable to the Course for Client if reasonably required by the prevailing circumstances.
- Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
- Teacher reserves the right to remove Client from Program at any time for any reason.
2. PAYMENT AND REFUND POLICY.
- Upon execution of this Agreement, Client agrees to pay the Company the full purchase amount as outlined on the Course sales page/checkout page.
- The Company does not offer refunds to ensure that clients are fully committed to the Course. Should the Client decide not to continue with this Course at any time, full payment will still be due. Should the Client not make payments, the Teacher may pursue legal action.
- If Client selects a payment plan option, Client agrees to pay fees to the Teacher according to the payment schedule set forth on Teacher's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
- Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Teacher will charge the credit card chosen by the Client.
- In the event Client fails to make any of the payments within a payment plan during the time prescribed, Instructor has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and zoom calls. If Client has not paid within seven (7) days, Instructor has the right to terminate this agreement.
3. DISCLAIMERS.
By participating in the Course, Client acknowledges that the Instructor or any Support Mentors assisting in the Program, are not medical doctors, psychologists, therapists, attorneys, or financial advisors, and their services do not replace the care of other professionals. The information in this Course is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.
The Instructor may provide the Client with information relating to products that the Instructor believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Instructor is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.
The Instructor may provide the Client with third-party recommendations for such services as marketing, health, or other related services. The Client agrees that these are only recommendations, and the Instructor will not be held liable for the services provided by any third-party to the Client. The Instructor is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through the Company's website are only examples of what may be possible for the Client. There can be no assurance as to any particular outcome based on the use of Instructors programs, methods, teachings, and/or services. Client acknowledges that Instructor has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Instructors’s website, programs, teachings, mehtod, products or services.
4. INTELLECTUAL PROPERTY RIGHTS.
In respect of the documents specifically created for the Client as part of this Program, the Instructor maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided by the Instructor. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Instructor to the Client, nor grant any right or license other than those stated in this Agreement. The Instructor reserves the right to immediately remove the Client from the Program, without refund, if you are caught violating this intellectual property policy.
5. RELEASE.
The Company may take photographs, videos recordings during the Program that the Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Program. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings captured about Client’s participation in the Program.
Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
6. NON-DISPARAGEMENT.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Instructor or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
7. GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
8. DISCLAIMER OF WARRANTIES.
The information, education, and coaching provided to the Client by the Instructor under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a Program of deal, Program of performance or trade usage.
9. LIMITATION OF LIABILITY.
By using CAAHM Kinesiology Academy & Corinna Hancocks services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The Client agrees that Instructor will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at the user's own risk.
10. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the Australian Centre for International Commercial Arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Brisbane, Australia or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
11. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland with Australia, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
12. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.