By purchasing this product you (herein referred to as “Client”) agree to the follow terms stated herein.
Program/Service
Foundations For Success Coaching Pty Ltd (herein referred to as “Company”) agrees to provide the “30 Day Back To Body Yoga Challenge” and the “6 Week Mindset Mastery Program” (herein referred to as “Programs”) identified in the online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Disclaimer
Client understands that Keenan Jonathon Crisp (herein referred to as “Consultant”) and Company, is not a psychologist, counselor, psychiatrist, Guru, Master, specialist, agent, legal professional, manager, public relations or business manager, or financial analyst or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program (other than the relationship of love and friendship which will prevail). If the Parties continue their professional relationship, a separate agreement will be entered into.
Fees
The fee for the 30 Day back To Body Yoga Challenge and 6 Week Mindset Mastery Program may vary depending on when it was purchased. In some cases the Program may be given to people, of Consultants choice, for free.
Methods of Payment
Full payment is made for up front for Programs by credit card, debit card or Paypal
Refund Policy
7-Day Money Back Guarantee
We want you to be satisfied with your purchase but we also want you to give your best effort to study and practice, for at least 7 days, classes within the Programs. We offer a 7-day refund period for you, if you are not satisfied with the program .
In the event that you decide your purchase was not the right decision, within 7 days of enrolment, contact our support team at [email protected] and let us know you’d like a refund.
Notes about our refund policy:
1. Within the first 7 days from original date of purchase, you can request a refund.
2. No refunds will be given after 7 days from the original date of purchase. After day 7, all payments are non-refundable.
3. All refunds are discretionary as determined by the Consultant. If you download all the materials, take advantage of the special bonuses, and then ask for a refund, we reserve the right to deny your request. Why? Our generous refund policy was built to give people the opportunity to see if the Program is a good fit. Stealing the material is NOT covered under this policy.
To further clarify, we will not provide refunds after the 7th day from your date of purchase (not even one day afterwards).
If you have any questions or problems, please let us know by contacting our support team directly. The support can be reached at: [email protected]
Confidentiality
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Programs. 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 will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Programs participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
No transfer of intellectual Property
Company’s programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorised 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. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client Responsibility
The programs are developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the programs and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any challenge or program there are inherent risks, and there is no guarantee that Client will reach their goals as a result of participation in the Programs. Programs education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any programs materials.
Independent Contractors Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Severability/Waiver
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Miscellaneous
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Programs is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company 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 Company’s services or enrolment in the Programs. Company assumes no responsibility for errors or omissions that may appear in any of the programs materials.
Non-Disparagement
The Parties agree and accept that the only venue for resolving such 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, verbalise 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 Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Assignment
Client may not assign this Agreement without express written consent of Company.
Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
Termination
Company is committed to providing all clients in the Programs with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Programs without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Programs or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Indemnification
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognises and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Programs.
Resolution of Disputes
All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and solicitor fees.
Equitable Relief
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Notices
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: [email protected]. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. These Terms and Conditions are governed by Australian Law and any dispute shall be subject to the exclusive jurisdiction of the Australian Courts.
Duty to Read
I accept that under this agreement, I have a duty to read this sales agreement and disclosure policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defence against all remedies contained herein.
Mindset Mastery Disclaimer
By SEQ Legal
(ref: https://www.keenancrisp.com/1gl178 )
(1) Introduction
This disclaimer governs all lessons, and teachings provided within the 6 Week Mindset Mastery Online Course and any advise given in the live coaching calls.
You acknowledge that mindset work involves being vulnerable and in some cases bringing up memories and emotions of the past.
You acknowledge that Keenan Jonathon Crisp has the full right to remove your access to the the online course and zoom meetings without refund, if he deems your behaviour inappropriate, which includes excessive use of cras or rude words, insults, criticism, yelling, rage or if your mental health seems unable to deal with the process used.
If you have mental health issues you acknowledge that you must inform Keenan in writing of any psychological diagnosis’s or any other relevant information that may aide his facilitation.
You acknowledge that the process taught within the 6 week Mindset Mastery Online Course and within the facilitation during the live coaching calls is not therapy and Keenan does not claim to be a therapist or psychologist.
You agree to take full responsibility for your health (physical, mental and spiritual well-being), and safety during all times.
(2) Credit
This disclaimer was created using an SEQ Legal template.
(3) Health and medical conditions
You acknowledge and represent that:
to the best of your knowledge, you suffer from no medical, psychological or physical condition or disability that will or might increase the normal risks associated with doing Mindset Work.
If you are uncertain of your mental health or if you do have a known medical condition, your doctor or psychologist has approved your participation in the 6 week Mindset Mastery program
This disclaimer has been created for use in relation to all teachings within the 6 week Mindset Mastery program both online and during coaching calls.
If you have any doubts about whether certain practices are safe, please consult your doctor, or psychologist.
You acknowledge that you must not participate in the 6 week Mindset Mastery program if you have any of the following conditions:
you suffer from bipolar
you suffer from schizophrenia
you feel that any of the practices would be unsafe or cause injury to you or others.
(4) No representations or warranties
To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to the knowledge and teachings provided in the 6 week
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
that you will not suffer from any injury arising directly or indirectly from the 6 week MIndset Mastery Online course and live coaching sessions ; or
that your mental health will measurably improve as a result of participation in the 6 week MIndset Mastery Online course and live coaching sessions.
(5) Limitations and exclusions of liability
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to lessons learnt in the 6 week MIndset Mastery Online course and live coaching sessions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any personal harm (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of your participation in the 6 week MIndset Mastery Online course and live coaching sessions. Nor will we be liable to you in respect of any other losses arising as a result of any such personal harm.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(6) Exceptions
Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
(7) Severability
If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.
(8) Law and jurisdiction
This disclaimer shall be governed by and construed in accordance with Australian law, and any disputes relating to this disclaimer or the 6 week MIndset Mastery Online course and live coaching sessions, will be subject to the exclusive jurisdiction of the courts of Australia
(9) Our details
In this disclaimer, “we” and “us” and “our” refer to Foundations For Success Coaching Pty Ltd and Keenan Jonathon Crisp of Suite 16, Lvl 3, 428 George St, Sydney NSW 2000.
The 30 Day Back To Body Yoga Challenge Disclaimer
By SEQ Legal
(Ref: https://keenan.kartra.com/page/gl0221 )
(1) Introduction
This disclaimer governs our yoga classes. Yoga classes include all asana, pranayama and meditation practices.
You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to our yoga classes.
(2) Credit
This disclaimer was created using an SEQ Legal template.
(3) Health and medical conditions
You acknowledge and represent that:
to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with yoga asana’s, breath work and meditation practices.
If you are uncertain of your physical condition or if you do have a known medical condition, your doctor has approved your participation in our yoga classes.
This disclaimer has been created for use in relation to all yoga classes within the 30 day back to body yoga challenge program.
Yoga classes include all asana (postures), pranayama (breath work) and meditation practices.
If you have any doubts about whether certain practices are safe, please consult your doctor, physiotherapist or yoga teacher.
You acknowledge that you must not practice (or you must stop practicing) any classes if:
you suffer from an injury, illness or other medical condition that may be adversely affected due to practicing a yoga class ;
you feel any pain during a class; or
you feel that any of the practices would be unsafe or cause injury to you.
(4) No representations or warranties
To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to our yoga classes.
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
that you will not suffer from any injury arising directly our indirectly out of our yoga classes; or
that your fitness will measurably improve as a result of participation in our yoga classes;
(5) Limitations and exclusions of liability
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to our yoga classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our yoga classes. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(6) Exceptions
Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
(7) Severability
If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.
(8) Law and jurisdiction
This disclaimer shall be governed by and construed in accordance with Australian law, and any disputes relating to this disclaimer or our yoga classes will be subject to the exclusive jurisdiction of the courts of Australia
(9) Our details
In this disclaimer, “we” and “us” and “our” refer to Foundations For Success Coaching Pty Ltd and Keenan Jonathon Crisp of Suite 16, Lvl 3, 428 George St, Sydney NSW 2000.
