1.
Terms
of Engagement
1. 1 You are engaging Ashok Vohra, hereinafter referred
as ‘Me’ and ‘I’ as a success and business coach to provide coaching services
(Services) to you/ your business on the terms of this agreement.
1.2 The term ‘coaching’ as here used covers life
coaching, personal coaching, executive coaching, and business coaching for
clients.
1.3 Since I only provide coaching to business(es) and to
individual(s) in the context of their business or profession, Consumer
Protection Act does not apply to this agreement.
1.4 All coaching services and communication, email or
otherwise, delivered by myself, Ashok Vohra, as well as information on this
website (ashokvohra.com) are meant to help you identify the areas in your
business/profession and in your thinking
that may be preventing your business/profession from moving forward.
2. Services
2.1 Upon execution of this Agreement, electronically,
verbally, or otherwise, the Firm agrees to render services related to business/profession
by means of seminar, consulting, coaching, and/or business-coaching (the
“Program”).
2.2 Your coaching session will be a mix of online
sessions, in person meets as well as a class session, depending on the program
you have enrolled into. These sessions will be designed based on the progress
you have made in the duration of your service for the purpose of getting
coached.
2.3 Parties agree that the Program is coaching and
education.
2.4 The scope of services rendered by the Firm pursuant
to this Contract shall solely be limited to those contained therein and
provided for on Firm’s website as part of the Program.
2.5 Firm reserves the right to substitute services equal
to or comparable to the Program for Client if reasonably required by the
prevailing circumstances.
3. Fee
3.1 Client agrees to pay fees to the Firm according to
the payment schedule set forth on Firm’s website, or otherwise provided to
Client, and the payment plan selected by Client (the “Fee”).
4. Refund
4.1 Upon execution of this agreement, Client shall be
responsible for the full extent of the Fee specified during the enrolment of
the program. If the Client fails to attend the Programme or any Session,
including in-person Intensive sessions, for any reason whatsoever, Client will
not be entitled to receive a refund either a full or partial, whatsoever.
5. No resale of services
permitted
5.1 Client agrees not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial purposes, any portion of the
Program (including course materials), use of the Program, or access to the
Program.
5.2 This agreement is not transferrable or assignable
without the Company’s prior written consent, where such consent may be withheld
at the Company’s absolute discretion.
6. No transfer of
Intellectual Property
6.1 Firm’s copyright and original materials shall be
provided to the Client for his/her individual use only and with a single-user,
non- transferable, revocable license.
6.2 Client agrees that he/she will not use any of the Firm’s
intellectual property, including without limitation the Firm’s copyright and
original materials, for Client’s business purposes.
6.3 Client shall
not be authorized to share, copy, distribute, or otherwise disseminate any
materials received from Firm electronically or otherwise without the prior
written consent of the Firm.
6.4 All intellectual property, including Firm’s
copyright course materials, shall remain the sole property of the Firm.
6.5 No license to
sell or distribute Firm’s materials is granted or implied by the enrolment or
by the payment of any fees.
7. Limitation of liability
7.1 By enrolling in the Program and using Firm’s
services, Client releases Firm’s, its officers, employees, directors,
affiliates, and related entities from any and all damages that may result from
the provision of the services to the Client.
7.2 The Program is an educational/coaching service only.
7.3 Client agrees that he/she accepts all risks,
foreseeable or un-foreseeable, arising from such services.
7.4 In any event,
if Firm is found to be liable, Firm’s liability to Client or to any third party
is limited to the lesser of the total fees Client paid to Firm one month prior
to the action giving rise to the liability.
7.5 All claims
against Firm must be lodged within 30 calendar days of the date of the cause of
action arising or otherwise the right of action is forfeited.
7.6 Client agrees
that Firm will not be held liable for any damages of any kind resulting or
arising from the provision of the services including but not limited to;
direct, indirect, incidental, special, negligent, consequential, or exemplary
damages happening from the use or misuse of Firm’s services or enrolment in the
Program.
7.7 Client agrees that he/she uses Firm’s services at
Client’s own risk.
8. Disclaimer of guarantee
8.1 Client accepts and agrees that she/he is entirely
and solely responsible for her/his progress and results from the Program.
8.2 Client
accepts and agrees that the Firm cannot control the Client’s responses to the
provision of the services under this Agreement.
8.3 Firm makes no representations or guarantees
whatsoever regarding performance of this Agreement other than those
specifically stated herein.
8.4 Firm and its affiliates disclaim, as far as is
permitted by law, the implied warranties of titles, merchantability, and
fitness for a particular purpose.
8.5 Firm makes no
guarantee or warranty that the Program will meet Client’s requirements or that
all clients will achieve the same or similar results.
9. Course rules
9.1 To the extent that Client interacts with Company
staff and/or other Company clients, Client agrees to behave, always,
courteously and respectfully.
9.2 Client agrees to abide by any Course rules and/or
regulations presented by Company.
9.3 The failure to abide by Course rules and regulations
shall be a material breach of this Agreement and therefore sufficient cause for
immediate termination of this Agreement by Company.
9.4 In the event of such termination, Client shall not
be entitled to refund of any amounts paid and shall remain responsible for all
outstanding amounts of the Fee.
10. Use
of course materials
10.1 Client consents
to recordings being made of courses and the Program.
10.2 Company reserves
the right to use, at its sole discretion, course materials, videos and audio
recordings of courses, and materials submitted by Client in the context of the
course(s) and the Program for future lecture, teaching, and marketing
materials, and further other goods/services provided by Firm, without
compensation to the Client.
10.3 Client consents
to his/her name, voice, and likeness being used by Firm for future lecture,
teaching, and marketing materials, and further other goods/services provided by
Company, without compensation to the Client or need for further agreement by
Client.
11. No substitute of medical treatment
11.1 Client agrees to
be mindful of his/her own health and wellbeing during the provision of any
services and to seek appropriate medical treatment (including, but not limited
to, psychotherapy) if needed.
11.2 Firm does not
provide, and does not hold itself out as providing, medical, therapy, or
psychotherapy services.
11.3 Firm is not
responsible for any decisions made by Client as a result of the coaching and
any consequences thereof.
12. Termination
12.1 If Client is in
arrears of payment or otherwise in default of this Agreement, all payments due
here under shall be immediately due and payable.
12.2 Firm shall be
allowed to immediately collect all sums due from Client and to terminate this
Agreement without providing further services to Client.
12.3 If Client is in
arrears of payments to Firm, Client shall not be permitted to use or receive
any of Firm’s services or to participate in any Program.
13. Confidentiality
13.1 The term
“Confidential Information” shall mean information which is not generally known
to the public relating to the Client’s business or personal affairs.
13.2 Firm agrees not
to disclose, reveal, or make use of any Confidential Information of Client,
during discussion with Client, the coaching session with Firm, or otherwise,
without the written consent of Client.
13.3 Firm shall keep
the Confidential Information of the Client in strictest confidence and shall
use its best efforts to safeguard the Client’s Confidential Information and to
protect it against disclosure, misuse, espionage, loss, and theft.
13.4 Client
Confidential Information shall not include material created by Client on
internet social media (including, but not limited to, Facebook, LinkedIn, Twitter,
and Instagram), where such material on social media mentions Firm, services
provided by Firm, staff or Programs, then Client agrees that Firm may use such
material for marketing and similar purposes without express permission of
Client (other than by the terms of this Agreement) and that Client will have no
claim of any kind against Firm for use of the material.
13.5 Client
acknowledges and agrees that Program may include group activity and that Firm
may record, for later use at the absolute discretion of Firm, such activities
and that Client will have no claim of any kind against Firm for use of the
recorded material.
14. Disputes
14.1 If a dispute
arises between the Parties, then the Parties agree and accept that they will
negotiate in good faith to settle such dispute. If, after a reasonable period
of negotiation, the dispute is not settled then either party may commence
further action in the venue stated below.
14.2 In the event of a dispute between the Parties,
the parties agree that they neither will engage in any conduct or
communications, public or private, designed to disparage the other.
15. Indemnification
1 5.1 Client shall
defend, indemnify, and hold harmless Firm, Firm’ shareholders, trustees,
affiliates, employees, subcontractors and successors from and against any and
all liabilities and expense whatsoever – including without limitation, claims,
damages, judgments, awards, settlements, investigations, costs, attorney’s
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 service(s), excluding, however, any such expenses and liabilities
which may result from a breach of this Agreement or sole negligence or wilful
misconduct by Firm, or any of its shareholders, trustees, affiliates,
employees, subcontractors and successors.
15.2 Client shall
defend Firm in any legal actions or the like arising from or related to this
Agreement where such action brought by a third party for or on behalf of
Client.
15.3 Client
recognizes and agrees that all the Firm’s shareholders, trustees, affiliates,
employees, subcontractors, and successors shall not be held personally,
individually or collectively, responsible or liable for any actions or
representations of the Firm.
16. Controlling Agreement
16.1 In the event of
any conflict between the provisions contained in this Agreement and any
materials used by Firm, Firm’s representatives, or employees, the provisions of
this Agreement shall prevail.
17. Choice of law
17.1 This Agreement
shall be governed by and construed in accordance with the laws of the Republic
of India and the State of Chhattisgarh without giving effect to any principles
or conflicts of law.
17.2 Subject to Clause
14 above, the parties hereto agree to submit any
dispute or controversy arising out of or relating to this Agreement to
arbitration in Durg, Chhattisgarh in the Republic of India, which arbitration
shall be binding upon the parties and their successors in interest.
17.3 The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
18. Entire Agreement
18.1 This Agreement
constitutes the entire agreement between the parties pertaining to the subject matter
hereof and supersedes all prior and contemporaneous agreements, negotiations,
and understandings, oral or written.
18.2 This Agreement
may be modified only by an instrument in writing duly executed by both parties.
1 9. Survival
19.1 The ownership,
non-circumvention, dispute resolution, proprietary rights, and confidentiality
provisions, and any provisions relating to payment of sums owed set forth in
this Agreement, and any other provisions that by their sense and context the
parties intend to have survive, shall survive the termination, for any reason,
of this Agreement.
20. Severability
20.1 If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
21. Other Terms
21.1 Upon execution by signing up to any of our programs the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement.