The following are terms of a legal agreement between you and Russell Gain (trading as “Wellbeing-4-Life”). By purchasing coaching services from "Wellbeing-4-Life" or any other property held by Russell Gain, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
1. INTRODUCTION: "Wellbeing-4-Life" agrees to provide you (Client) with business Coaching Services (defined below), subject to your compliance with the terms and conditions hereafter outlined (Terms and Conditions). Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with "Wellbeing-4-Life" including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client.
Engaging "Wellbeing-4-Life" for Coaching and/or Consulting Services requires that you have verbally accepted a summary of key provisions of these Terms and Conditions.
IF, SUBSEQUENT TO YOUR ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY "WELLBEING-4-LIFE" WITHIN FIVE (5) DAYS OF YOUR ORDER AND ALL SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY. NOTE THAT YOU SHALL BE RESPONSIBLE FOR COSTS OF SERVICES PROVIDED BY "WELLBEING-4-LIFE" UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED. FAILURE TO NOTIFY "WELLBEING-4-LIFE" OF CANCELLATION ACCORDING TO THE PROCESS DEFINED ABOVE SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.
You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Coaching and/or Consulting Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.
2. TERM, PAYMENT & MODIFICATION: For recurring coaching or online membership - The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing. This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 5-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
Any and all “one-time” purchases (Nutritional Products, Strategy Sessions, Events, In-Person Consulting) shall not be tied to any other services or subject to this agreement, unless otherwise specified by client.
Client agrees to pay to "Wellbeing-4-Life" all applicable charges to their account in British Pounds, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one time payment depending on the Advertising Service selected by Client) is non-refundable as it is applied to costs immediately incurred by "Wellbeing-4-Life" in initiating services.
Client understands and agrees that the Coaching, and/or Online Membership are billed one month in advance. In addition, if Client has elected to pay "Wellbeing-4-Life" by credit card, Client agrees to authorize "Wellbeing-4-Life" to charge its credit card in advance for such payments and for any amounts owed under this Agreement.
In the event collection proves necessary, the Client agrees to pay all fees (including all solicitors fees and court costs) incurred by that process.
You understand that "Wellbeing-4-Life" may modify their standard terms and conditions and service offerings from time to time and that "Wellbeing-4-Life" reserves the right to adjust the pricing of such services. Following the fulfillment of initial contract terms, Clients in month-to-month contracts may be subject to revised terms and conditions and/or pricing.
3. METHOD OF PAYMENT: Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with "Wellbeing-4-Life" that "Wellbeing-4-Life" can bill for all contracted Services.
4. REFUND POLICY AND CANCELLATIONS: The product and/or services referenced herein are sold with strictly no refund after the initial 30 calendar day period. All cancellations within 30 calendar days of purchase need to be submitted in writing to firstname.lastname@example.org. Cancellations shall take effect within a 5 day period after the written request and the client’s credit card will not be charged again.
5. REFUNDS FOR PHYSICAL PRODUCTS: Any orders of physical products must be returned within 30 days (in original condition) to be eligible for a refund.
6. FREE TRIAL MEMBERSHIP OFFER TERMS & CANCELLATION
Where we offer you a Free Trial Experience Membership (FTEM), such Free Trial Experience Membership will start immediately and will run for seven (7) consecutive days. FTEM is only available to FIRST TIME membership subscribers of the system and for the limited periods as set out on the Website. Previous membership subscribers or those subscribers who have already benefited from a FTEM do not qualify for a further Free Experience Membership. If you do not want to continue your membership, and be automatically billed after your Free Experience Membership comes to an end, you may cancel it by emailing email@example.com. You must contact us at least 48 hours before your FTEM period ends to ensure your subscription does not automatically continue otherwise the payment method that you provided at the time of online enrolment will be charged the full monthly membership subscription rate provided at the time of enrolment. "Wellbeing-4-Life" can change any paid-for membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. If the membership subscription rate changes after you are enrolled, we will notify you by email.
7. SERVICES PROVIDED: Coaching Services are the process by which "Wellbeing-4-Life" will help you achieve your result via proprietary systems, frameworks and advice. Though "Wellbeing-4-Life" cannot guarantee specific results, we proactively seek to provide high quality advice and systems that maximize the Client’s return on spending.
8. OWNERSHIP OF NON-CLIENT PROPERTY: Title and full ownership rights in and to the Coaching frameworks, strategies and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to "Wellbeing-4-Life"’s operation of the "Wellbeing-4-Life"’s network and website(s) (collectively, the "Wellbeing-4-Life Materials”), shall remain at all times solely with "Wellbeing-4-Life" and/or with the respective outsourced service provider or author. Client acknowledges that it has not acquired any ownership interest in the "Wellbeing-4-Life Materials" and will not acquire any ownership interest in the "Wellbeing-4-Life Materials" by reason of this Agreement.
9. CLIENT INDEMNIFICATION OBLIGATIONS: Client agrees to indemnify, defend, and hold harmless "Wellbeing-4-Life", its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable solicitor fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Coaching Services performed on behalf of Client, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of "Wellbeing-4-Life" or its agents or employees. "Wellbeing-4-Life" will notify Client of any claim, action, or demand for which indemnity is required in the reasonable opinion of "Wellbeing-4-Life" and will cooperate reasonably with Client at Client’s expense. At the election of "Wellbeing-4-Life", Client shall advance to "Wellbeing-4-Life" amounts in satisfaction of such Claim, which "Wellbeing-4-Life" may hold in escrow pending resolution of such Claim. The law firm Client chooses to defend "Wellbeing-4-Life" must be experienced in defending similar claims and will be subject to "Wellbeing-4-Life"’s approval, which will not be unreasonably withheld. Client may not settle any lawsuit or matter relating to the culpability or liability of "Wellbeing-4-Life" without the prior written consent of "Wellbeing-4-Life". "Wellbeing-4-Life" will have the right to participate in any defence of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, "Wellbeing-4-Life" shall have the right to set off any liability of Client to "Wellbeing-4-Life" with respect to a Claim against any amounts held on deposit with "Wellbeing-4-Life" by Client.
10. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: "Wellbeing-4-Life" makes no representations or warranties relating to the results of Coaching Services, including, without limitation, the amount of money earned. As "Wellbeing-4-Life" relies on third parties for certain data, In no event shall "Wellbeing-4-Life" be responsible for any consequential, special or other damages arising under this Agreement.
11. SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
12. CHOICE OF LAW; EXCLUSIVE VENUE: This Agreement shall be construed in accordance with the laws of England, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court decided by "Wellbeing-4-Life".
13. HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
14. WAIVER: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
15. ENTIRE UNDERSTANDING: This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect.
16. SOLICITORS’ FEES: In the event a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its solicitors’ fees reimbursed from the non-prevailing party.
17. NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
18. SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
19. EXECUTION: This agreement is executable upon successful payment from Client. By purchasing coaching services from "Wellbeing-4-Life" or any other property held by "Wellbeing-4-Life", you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.