BY COMPLETING YOUR NAME at the end of this document, entering or providing your credit card information, participating in any way, or enrolling electronically, verbally, or otherwise, in the course and/or program, you (“Client”) are entering into a legally binding and enforceable agreement with Amazing International, Inc., a California Corporation (“Company”), according to the following Terms and Conditions:

 

THIS AGREEMENT is for the arrangement of education, seminar, workshop, intensive, consulting, coaching, business and/or spiritual mentoring services between Amazing International, Inc. (the “Company”), whose office is at 9854 National Blvd. #290, Los Angeles, CA 90034, and you, the “Client” (the “Client) (collectively, the “Parties”).

 

Whereas, the Client is desirous of engaging Amazing International’s services for education, seminar, workshop, intensive, consulting, coaching, business and/or spiritual mentoring and in order to do so, and in consideration for the mutual covenants contained herein, the PARTIES agree to the following:

 

AMAZING INTERNATIONAL’S SERVICES: Upon execution of this Agreement and receipt of full or partial payment from the Client, and by full or partial participation by the Client, the Company agrees to render education, seminar, workshop, intensive, consulting, coaching, business and/or spiritual mentoring services (the “Program”). The terms of this Agreement shall be binding for any further goods and/or services supplied by the Company to the Client. The scope of services rendered by the Company pursuant to this contract shall be specifically limited to those contained herein and provided for on the Company’s website and/or order form(s) as part of the Program. The Company reserves the right to substitute services equal to or comparable to the Program for the Client if the need arises.

 

COMPENSATION: The Client agrees to compensate the Company according to the payment schedule set forth on the Company’s website and/or order form completed by Client and the payment plan selected by Client. The Client shall be responsible for the full extent of the Fee, regardless of whether the Client completes the full extent of the Program and/or services offered by the Company.  

 

LATE FEES: The Company may charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by the Client. The forbearance of the Company in the assessment of this charge in any given period does not constitute a waiver of the right to do so for that or subsequent periods pursuant to this Agreement.

 

RELEASE: I understand and consent that my participation in programs and events produced by Amazing International, Inc. (AI) may be recorded by AI, that my voice, name and/or likeness may be included in these recordings, and that these may be used in any commercially reasonable manner without compensation to me. 

 

I hereby release, discharge, and agree to hold harmless AI, its legal representatives, any stakeholders, employees, contractors or agents, licensees and assigns, all persons acting under their authority, and those for whom they are acting, from all claims, causes of action and liability of any kind, now known or unknown, in law or in equity, based upon or arising out of the Project or this agreement including, without limitation, claims of libel, slander, invasion of privacy, right of publicity, defamation, services rendered, trademark infringement, and copyright infringement.

 

NO REFUNDS OR CHARGEBACKS: The Client shall be responsible for the full extent of the Fee. If the Client cancels attendance at the Program for any reason whatsoever, the Client agrees to waive any and all rights to a refund of the entire Fee, or any portion thereof. 

 

To the extent that the Client provides the Company with Credit-Card information for payment on Client’s account, the Company shall be authorized to charge Client’s Credit-Card for any unpaid charges on the dates set forth herein. If the Client uses a multiple-payment plan to make payments to the Company, the Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. The Client shall not make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. The Client shall not change any of the credit card information provided to the Company without notifying the Company in advance.

 

NATURE OF WORK - NO SUBSTITUTE FOR MEDICAL TREATMENT:  The Client acknowledges that the nature of the work engaged in is designed and likely to stir up emotions and identify patterns that result in behaviors and results that Client is likely to desire to shift. The processes and techniques of creating these shifts is often uncomfortable and sometimes painful. When experiencing these shifts, it is sometimes tempting to leave the work and relieve the sensations experienced as these shifts are taking place. Client acknowledges that discomfort is not a valid reason for seeking cancellation or refund of any fees paid. It might even be said that the sensations evidencing these positive shifts are the main point of engaging in the work and evidence that the work is being effective. Separately, the Client agrees that he/she will obtain medical services from the professionals/physicians/mental health care providers of her choice. The Client agrees and acknowledges that the Company’s services are not in any way intended to be a substitute for medical, psychiatric, psychological, or mental health treatment or consultation. The Company does not, and shall not, provide medical or mental health services in any way. To the extent and in the event that the Company does provide any medical services or advice, the Client agrees that it is the Client’s sole and separate responsibility to review such advice with her chosen professionals/physicians/health care providers prior to making any decisions based on the Company’s advice/recommendations. The Company will provide, and the Client shall receive, only general education, seminar, workshop, intensive, consulting, coaching, business and/or spiritual mentoring, none of which are a substitute for medical treatment.

 

The Client agrees that he/she will solely remain responsible for contacting, communicating with, coordinating with, and otherwise retaining the services of her chosen professionals/physicians/health care/mental health providers. Client agrees that he/she will remain responsible to be mindful of his/her own wellbeing while receiving the Company’s services and seek medical/mental health treatment as needed. The Company does not provide medical, mental health or psychotherapy services of any sort. The Company is furthermore not responsible for any decisions made by the Client as a result of the recommendations made by the Company and/or any consequences thereof.  

 

IN THE EVENT OF A HEALTH CARE EMERGENCY, THE CLIENT IS INSTRUCTED TO IMMEDIATELY CONTACT HIS/HER PHYSICIAN or 911 EMERGENCY. THE CLIENT SHALL REMAIN SOLELY RESPONSIBLE FOR COMMUNICATING WITH HIS/HER HEALTH CARE PROVIDERS, MENTAL HEALTH, HOSPITAL, AND/OR EMERGENCY SERVICES.

 

PRIVACY AND CONFIDENTIALITY. All products and services are subject to the Company’s Privacy Policy. The Company does not knowingly collect or seek to collect personal information from children under the age of 18 without the consent and participation of a parent or guardian and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors are not using Company’s products or services.

 

We respect your privacy and by your participation, hereby agree to respect the privacy of other participants. You agree:

• not to infringe upon any copyright, trademark, trade secret or other intellectual property of the Company or any Program Participant. 
• that any confidential information shared by the Company, Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company and will not be shared or disclosed outside the context of the Program. 
• that in the event of a violation of these Terms and Conditions, Company will be entitled to, among other remedies, injunctive relief to prohibit further violations.

 

While you are free to discuss your personal results, you must keep the experience and statements of other Participants in the strictest confidence. 

 

AMAZING COMMUNITY RULES, TERMS AND CONDITIONS. There is absolutely no solicitation or efforts to secure customers, clients, advocates or affiliates from within the the Company’s Amazing Community. You agree not to offer your services, sell your programs or products, or invite Participants and Community Members to join other social, business or other kind of network, group or program. This is a space for learning, growth and development and is a “pitch-free”, solicitation-free and sales-free environment. Sharing affiliate links or marketing information not created or expressly authorized by the Company in writing is not permitted. Violation of this provision will result in immediate termination of your participation in the Program without refund.

 

You agree to abide by the Company’s Rules, as updated, which are available at any time by request from the Company and posted on the Company’s website(s) under Terms and Conditions and hereby incorporated in this Agreement.

 

DISCLAIMER OF GUARANTEE. The Client accepts and agrees that he/she retains 100% responsibility for her progress and results from the Program. Client accepts and agrees that he/she is the one vital element to the Program’s success and that the Company cannot control the Client. The Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. The Company and its affiliates disclaim the implied warranties of title, merchantability, and fitness for a particular purpose. The Company makes no guarantee or warranty that the Program will meet the Client’s requirements or that all clients will achieve the same results.

 

NO TRANSFER OF INTELLECTUAL PROPERTY: The Company’s copyrighted and/or original materials shall be provided to the Client for his/her individual use only and a single-user license. The Client shall not be authorized to use any of the Company’s intellectual property for the Client’s business purposes. The Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from the Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including the Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.

 

To the extent that the Client, the Client’s voice, the Client’s likeness, or the Client’s name is featured in any portions of the Company’s current or future lectures, teachings, marketing materials, and further other goods and/or services provided by the Company, the Client hereby consents and grants an irrevocable and perpetual license to use the same without any compensation whatsoever to Client. Client acknowledges and agrees that he/she will derive an independent benefit from any such feature and, therefore, will not be compensated at all for the same.

 

USE OF COURSE MATERIALS: The Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by the Client in the context of the course(s) and the Program for future lectures, teaching, and marketing materials, and further, other goods/services provided by the Company, without compensation to the Client.

 

The 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. Furthermore, this agreement is not transferable or assignable without the Company’s prior written consent.

 

For Further Clarity: You are expressly agreeing to refrain from creating derivative worlds, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, George P. Kansas, Tracey Trottenberg, or any of the Company’s content or infringe on any of the Company’s intellectual property in any way without the express written permission of the Company.

 

LIMITATION OF LIABILITY: By using the Company’s services and enrolling in the Program, the Client releases the Company, its officers, employers, directors, and related entities, from any and all damages that may result from anything and everything related to the Company’s services. The Program is only an educational, seminar, workshop, intensive, consulting, coaching, business and/or spiritual mentoring service being provided by the Company. By using the Company’s services, goods, services, or advice, the Client releases the Company from any and all damages that may result from anything and everything related to this Agreement. The Client accepts any and all risks, foreseeable or non-foreseeable, arising from this transaction.

 

Regardless of the previous paragraph, if the Company is found to be liable to the Client or a third-party in any way, the Company’s liability to the Client or to any third party is limited the lesser of the total fees the Client paid to the Company in the one (1) year prior to the action giving rise to the liability, and ten-thousand (10,000) dollars. All claims against the Company must be lodged with the entity having jurisdiction within one-hundred (100) days of the date of the first claim or otherwise be forfeited forever.  

The Client agrees that the 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 the Company’s services or enrollment in the Program. The Client agrees that use of this service is at the Client’s own risk.

 

TERMINATION: The Company reserves the right to terminate the delivery of services at any time should, in the Company’s absolute discretion, it be deemed appropriate due to the condition, participation level, and responsiveness of the Client, subject to but not conditioned upon the proportionate return of any timely payments made by the Client prior to the date of said Termination.

 

In the event that the Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Further, the Client shall be barred from using any of the Company’s services. In such event, the Company shall be allowed to immediately collect all sums from the Client and terminate providing further services to Client.

 

INDEMNIFICATION: The Client shall defend, indemnify, and hold harmless the Company, the Company’s shareholders, trustees, affiliates, 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 product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Company recognizes 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.

 

NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. 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.

 

CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in this Contract and any marketing materials used by the Company, the Company’s representatives, or employees, the provisions in this Agreement shall be controlling.

 

CHOICE OF LAW/VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of California, Los Angeles County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.  

 

ENTIRE AGREEMENT: 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. This Agreement may be modified only by an instrument in writing duly executed by both parties.

 

SURVIVABILITY: The ownership, non-circumvention, non-disparagement, 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 survive, shall survive the termination of this Agreement without regard for the reason of such termination.

 

SEVERABILITY: 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.

 

OTHER TERMS: The Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.