SPEED OF THOUGHT ON DEMAND AGREEMENT, WAIVER, AND RELEASE OF LIABILITY
As additional consideration for receiving business coaching and other services from MELISSA HENAULT (the “Company”), I, the client, voluntarily enter into this Speed of Thought on Demand Agreement and Waiver and Release of Liability (“Agreement”) with the Company and with MELISSA HENAULT.
1. Office Hours.
All communication, including but not limited to calls, conferences, texts, and meetings, will take place Monday through Friday, between the hours of 9 AM and 5 PM Eastern Standard Time. No texts, calls, or communication is to be expected or guaranteed outside of these times. We may occasionally communicate with you outside of these times if we believe we are adding value to you.
2. Assumption of Risks.
I understand that participating in this Speed of Thought on Demand entails risks and challenges associated with an intensive program of personal and business development, including, by way of example, physical, mental, or emotional distress that may accompany significant life changes. By signing this Agreement, I am freely and voluntarily assuming the risks arising from my participation in business coaching (including risks that cannot be foreseen at this time). I take full responsibility for my business’s health, my personal health and wellbeing, my actions and decisions, and my personal care during my Speed of Thought on Demand engagement and thereafter.
3. No Guaranteed Outcomes.
I understand that Speed of Thought on Demand outcomes can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the Speed of Thought on Demand process. Joining Speed of Thought on Demand does not guarantee that I will take any specific action and does not offer any guarantee of success. As such, I understand that the Company makes no guarantee, representation, or warranty of any nature or kind that this Speed of Thought on Demand will be effective or will result in any particular outcome. I agree that I will not hold the Company or MELISSA HENAULT responsible, in whole or in part, for any result that I do or do not achieve.
4. Right to Reschedule.
I acknowledge that MELISSA HENAULT and her coaching team have the full right to reschedule any previously scheduled events due to circumstances outside of their control, including COVID-related restrictions or acts of God. I acknowledge that MELISSA HENAULT has the obligation to fulfill no less than 6 months of coaching when circumstances allow. No refunds will be given for any rescheduling or delays.
5. Waiver and Release of Liability.
On my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators, and representatives, I hereby WAIVE, RELEASE, AND FOREVER DISCHARGE the Company, MELISSA HENAULT in her individual capacity, and each of the Company’s Authorized Coaches and principals, shareholders, officers, directors, employees, agents, successors, beneficiaries, and assigns (collectively, “Henault Healthy Horizons”) from and against any and all claims, demands, losses, liabilities, damages, and causes of action of any nature or kind that I have or may in the future have arising out of or in connection with my participation in the Speed of Thought on Demand or any other educational programs or services, or any advice, information, suggestion, or recommendation that I receive in connection therewith, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, suspected or unsuspected (all such claims, demands, losses, liabilities, damages, and causes of action are referred to collectively herein as the “Released Claims”).
6. Agreement Not to Sue; Indemnity.
In addition, on my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators, and representatives, I covenant and agree that (i) I will not institute or attempt to institute any legal action, arbitration, demand, or proceeding against any member of Henault Healthy Horizons or MELISSA HENAULT based upon any Released Claim, and (ii) I will indemnify, defend, and hold harmless Henault Healthy Horizons and MELISSA HENAULT, and each of them, from and against any losses, claims, liabilities, expenses, or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of my obligations under this Agreement.
7. Confidentiality and Non-Disclosure.
I agree to preserve the sanctity and safety of any group coaching, any ideas, intellectual property, or statements shared by other members, and any processes in which I participate, by maintaining the confidentiality of all information communicated by other Speed of Thought on Demand clients during group Speed of Thought on Demand sessions. I agree not to disclose any teleconference bridge numbers or other access codes to any third party. To provide me with the highest quality of service, I understand that MELISSA HENAULT may discuss and receive coaching on certain topics anonymously and hypothetically with other coaches within Henault Healthy Horizons.
8. Intellectual Property.
To honor and protect the Company’s intellectual property, I agree not to disclose, reproduce, or distribute the Speed of Thought on Demand’s written materials, techniques, or methods to any third party without MELISSA HENAULT’s prior written consent. I understand that the Company’s written and recorded materials are protected by United States intellectual property laws, and I agree not to copy, reproduce, or distribute any such materials for any reason without the Company’s prior written consent.
9. Payment, Cancellation, and Refund Policy.
I acknowledge that I am committing to 6 months of the Speed of Thought on Demand as well as the entire membership investment. I acknowledge that, if paying by payment plan, all payments must be current in order to attend any coaching or events. If paying in one full payment, all payments are required prior to any coaching or events. If I cannot attend any part or parts of the Speed of Thought on Demand, I understand full payment is still required. I acknowledge that no refunds, discounts, or prorated fees will be provided in the event of my failure to attend any scheduled session. In addition, I acknowledge that no one person, team member, co-owner, or significant other can replace me at Speed of Thought on Demand. This includes but is not limited to calls, virtual events, and meetings. Refund Policy: No refunds of any kind will be given under any circumstances unless written arrangements were agreed upon beforehand. A $100 late fee will be charged to clients who are 7 days or more delinquent in payment due. For every additional 7 days delinquent, the client incurs an additional $100 late fee.
10. Termination.
I understand that I am free to terminate my Speed of Thought on Demand engagement at any time. HOWEVER, I will not receive a refund for outstanding or pre-paid sessions, except in the circumstances outlined in the Payment, Cancellation, and Refund Policy. I also understand that I am still liable for completing the full payment of Speed of Thought on Demand, as I have taken a paid spot from someone else. There will be no prorated refunds or cancellations of upcoming payments. Speed of Thought on Demand sessions are nontransferable. I understand that the terms of this Agreement shall survive the termination of my Speed of Thought on Demand engagement.
11. Dispute Resolution; Limitation of Liability.
In the unlikely event of a dispute arising from or relating to my Speed of Thought on Demand engagement or this Agreement, the dispute shall be settled by binding arbitration, which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs. I agree that if any member of Henault Healthy Horizons is found liable for any loss or damage, then to the fullest extent permitted by law, the aggregate collective liability of Henault Healthy Horizons shall be limited to a refund of amounts I have paid to the Company for services under this Agreement.
12. Miscellaneous.
This Agreement shall be governed by the laws of the State of North Carolina without regard to its conflicts of laws provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and my heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators, and representatives. Each member of Henault Healthy Horizons is an express third-party beneficiary of this Agreement, fully entitled to enforce his or her rights hereunder. No amendment, change, or modification to this Agreement shall be valid unless it is in a writing signed by both parties. This Agreement may be executed by electronic, JPEG, PDF, facsimile, or other digital methods of signature, and all such methods of signature shall be fully binding.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS.