NOTE: Please read the “Terms” and then click THE FOUNDATION green button at the bottom of the page
to continue to the payment section. You will also receive a copy of this for your personal file upon payment.
Agreement For Enrollment in SPA Swank’s:
“THE FOUNDATION: 90 Day 1:1 Private Business Intensive” Strategy & Coaching Program:
TERMS & CONDITIONS:
By signing or by clicking on the button “I Agree” entering your credit card information or otherwise enrolling, electronically, verbally, or otherwise in the course, you (“Client”) are entering into a legally binding agreement with Debra J Frank dab SPA Swank (“Company”) according to the following terms and conditions:
Governing Law and Jurisdiction:
This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of the State of Texas, Tarrant County, Fort Worth, Texas regardless of the conflict of laws principles thereof.
Limitation of Liability:
In no event shall the Supplier (SPA SWANK) be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. SPA SWANK warrants that the Materials will be of satisfactory quality but do not warrant that the Materials will be error free.
You may be referred to as either the ‘client’, ‘customer’, ‘student’ or ‘participant’. SPA SWANK may be referred as ‘the course’ or ’the program’.
SPA SWANK: THE FOUNDATION: 90 Day 1:1 Private Business Intensive: refers to a one on one coaching program of distance coaching delivered via Skype or telephone. The terms ‘materials’ ‘modules’ ‘downloads’ ‘lessons’ and ‘coursework’ refer to the electronic documents, videos & supporting information that are provided for your convenience.
Enrollment, Payments & Cancellations:
Enrollment is not considered complete until payment has been made (either deposit for installments or full payment) and has cleared.
SPA SWANK agrees to provide:
-ONE DAY (01) 10 -5 pm Intensive via phone/skype, TEN (10) 45 minutes one-on-one private strategy & coaching sessions over the phone/skype during the 12 week period of this program. Client must schedule their appointment via the link provided in the emails for this program, which they have access to.
Termination of service:
SPA SWANK reserves the right remove from the support group any students who act inappropriately or otherwise bully, harass and cause offence to other students. You will still have access to the course itself.
Copyright and code of conduct:
This agreement is part of the general terms and conditions that you accept when you enroll. You promise to not copy, resell, publish or otherwise distribute any of the course materials given to you. Download of program material is permitted for self use only.
SPA SWANK reserves the right to change these terms and conditions at any time and reserves the right to make changes to the advertised course materials at any time. All materials are copyright of SPA SWANK. All Rights Reserved. Do not share, sell, copy or otherwise distribute our course materials to any third parties.
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the- moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
This Program is 12 weeks starting when client registers. The One Day Intensive must be scheduled with one (01) week of acceptance.
Dates for each session will be based from the time of registration with a sign up link to book all sessions sent via email.
Company’s requests for Client’s participation in the Program:
Please be on time to all appointments. If you will be late, notify Company in advance. If you will miss an appointment, notify Company at least 24 hours in advance. Appointments missed without 24 hours notice will only be rescheduled at Company’s sole discretion. Be honest and participate fully. Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen. Make a commitment to the action plans you create, and do what you have agreed to do. Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate and take action to return the power to the relationship.
Total price of this Program is $4,500. Client may pay by monthly installments of 3 x $1,500 to a single payment of $3,900 through PayPal, debit or credit card. Client pays through the SPA SWANK: FOCUS – ONE ON ONE 90 DAY registration page. Client grants Company the authority to charge the card(s) every 30 days from first payment, until program is paid in full. If a payment is not received Company reserves the right to suspend services until payment is complete.
Client agrees to the following SPECIAL PAYMENTS as follows:
Refunds and Cancellation policy:
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. Further discretionary refunds can be requested up to 30 days after enrollment onto the Program, if the client feels the Program isn’t right for them.
Company calls Client at the scheduled time of appointment. It’s the client’s responsibility to schedule their 10 private calls via the link provided in the email from Company. Client must give at least 24 hours notice to reschedule a call with Company. Client also understands that any/all scheduled coaching calls and/or other benefits expire at the end of the 12 week Term of this Program and will not be carried-over. Coaching calls are conducted on Tuesdays and Wednesdays.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
Compelled disclosure of Confidential Information:
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
Non-Disclosure of Company Materials:
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited. Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. Further Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT SIGNATURE: _____________________________
CLIENT NAME: ___________________________________
COMPANY: Debra J Frank