This Service Agreement (“Agreement”) is made and entered into the day you purchase (the “Effective Date”) WE RISE (The “Program”) by and between Emily Manning LLC (“EM”) at 1106 Second Street, Suite 483, Encinitas, CA 92024 and you (the “Client”).
The Program is offered pursuant to the terms of this Agreement, including the completion in its entirety of any additional forms required by EM, which shall be considered incorporated herein. Enrollment is accomplished by receipt of the completed registration form and payment of the applicable fee plus applicable tax, if any. Once enrolled, the Program is valid for the stated term and is not transferable. For consideration of the payment of the tuition fee stated herein and by clicking acceptance of this provision, Student agrees to the following:
1. Scope of Services
- EM agrees to maintain the ethics and standards that would be common in the industry.
- Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the instructional relationship and his/her interactions with EM. As such, the Client agrees that EM is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by EM. Client understands the Program and any coaching including is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. Client further understands the Program and any coaching included is not CPA advice and are not a guarantee of financial success.
- Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
5. Confidential Information. Both parties shall keep information confidential including business plans and financial payments.
3. Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT OR SCOPE OF SERVICES OR PROGRAM, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY, OR FAILURE OF DELIVERY, OR LIABILITY TO THIRD PARTIES ARISING FROM ANY SOURCE.
4. Indemnity. Each party agrees to defend, indemnify, and hold harmless the other party from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorneys fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation or warranty under this agreement.
5. Ownership Rights. All teaching content and materials inside the Program portal are copyright Emily Manning LLC and cannot be used by Client on other websites or shared by Client without written permission.
6. Arbitration. The parties expressly agree that any and all disputes or controversies arising out of this Agreement, its performance, or the alleged breach thereof, if not disposed of by agreement, shall be resolved by binding arbitration in accordance with this section. Either party must demand such arbitration by sending a notice of demand to arbitrate to the American Arbitration Association (the "Association"), with a copy thereof to the other party. The dispute shall then be arbitrated by a one- person panel pursuant to the Commercial Rules of the Association at the Association office in Los Angeles, California. In the disposition of the dispute, the arbitrators shall be governed by the express terms of this Agreement and otherwise by the laws of the State of California which shall govern the interpretation of the Agreement. Arbitration will be conducted via telephone if either party request it and the American Arbitration Association must abide by that decision. The decision of the arbitrator shall be final and conclusive on the parties and shall be a bar to any suit, action or proceeding instituted in any federal, state or local court or before any administrative tribunal. Notwithstanding the foregoing, judgment on any award by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to all costs of arbitration as well as reasonable attorney’s fees.
7. Complete Contract/ Amendment. This Agreement supersedes any and all prior agreements and understanding between the parties for performances of Services, and constitutes the complete agreement and understanding between the parties. The parties may amend this Agreement in a written document signed by both parties.