Last Updated: March 31, 2023
This Agreement is made and entered into between ER Marketing Services, an Ontario Canada business (Hereinafter referred to as “Coach”), and You (Hereinafter referred to as the “Client”).
Coach and Client hereby voluntarily and willingly agree as follows:
Client has agreed to purchase month-to-month membership of $250 CAD per month in the More Money Less Stress Marketing Academy (hereinafter “Academy”) and must provide at least 30 days written notice to cancel this agreement. In exchange, Coach agrees to provide the services outlined in the Academy Details below. Client understands and agrees that Coach will teach marketing methodologies that reflect current industry best practices and proven systems used within ER Marketing Services.
a. The Academy is an ongoing program. Client has access to the course content and calls as long as their membership is active and in good standing.
b. Course Access: Coach will make available replays of the module videos inside the Academy training platform, to be made available throughout the duration of this contract. These Modules are intended to release proprietary information created by Coach for personal benefit of Client. Client agrees and understands that they are not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to them as a result of their participation in the program.
c. Course Structure: Coach will deliver the program in two phases and will provide the following services to Client dependent on which phase the Academy is in, including:
d. Group Calls: Client understands that the time and date for group calls may not always work with Client’s schedule. Coach will do her best to ensure group calls are scheduled at a universally appropriate time, however, Client understands their inability to attend a Group Call is no fault of Coach and does not affect the Academy’s program or what is to be delivered.
a. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party (about any member of the program) during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below).
b. Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep Confidential Information private, even after the completion of working with Coach.
c. Client also understands that due to the group nature of this Academy, Client may also become privy to confidential information belonging to other members of the Academy, and agrees to use the same caution in refraining from disclosing, sharing, or using information learned by participating in the Group Calls or via any other channels utilized in this Academy.
d. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Academy, Client understands additional action may be taken by Coach up to and including legal action.
a. Client agrees and understands that Coach has created numerous original, creative works in connection with the Academy, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Academy, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, Facebook ad strategies, guides, and any other original work created by Coach. Client agrees they may be granted a limited right to use selected materials in the course of their own business, but understands that the rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Academy.
b. Client agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behaviour is discovered or suspected, Coach reserves the right to immediately end your participation in the Academy without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
c. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Academy, they are gaining access to view all content and information available as part of the Academy, as well as any additional information or content shared with them by Coach as she sees fit. Client understands this means they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in their business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
i. Copy, edit, distribute, duplicate, or steal any information or any Content obtained through Academy without written permission by Coach;
ii. Post, distribute, copy, steal, or otherwise use any portion of the Academy or its content without written permission by Coach and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
iii. Share purchased materials, information, content with others who have not purchased them.
iv. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and is a violation of this Agreement and Canadian Federal laws.
a. Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another program created by Coach. Client understands that they are not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses Testimonial.
b. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website, social media, or otherwise. Should Client agree to provide a testimonial, Client confirms Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands they are granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a testimonial.
a. Client agrees that they must complete payment in full before becoming entitled to any products or services included within the Academy.
b. Coach reserves the right to cancel or cease working with Client should they fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Academy. Should this occur, Client understands they are not entitled to a refund of funds already issued to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Academy up until payments were missed.
a. Coach is not able to offer refunds once the Client has purchased the Academy. Client understands this provision, and agrees that they are not entitled to a refund once payment has been issued to Coach.
b. Client further agrees and understands that changing their mind about the Academy, failing to follow through or understand the details of the Academy, not experiencing the results they expected or desired, or experiencing any other similar situations does not entitle them to a refund.
a. You can cancel your Marketing Academy membership at any time. Simply email hello [at] ermarketingservices [dot] com at least 30 days before you wish to cancel your membership and we’ll process your cancellation.
b. We do not allow members to pause their subscriptions, but you may rejoin at any time and pay the most current membership rate.
a. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members, or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Academy, as well as any third-party claims of any kind (including attorney’s fees) arising from their actions as a direct or indirect result of Client’s participation in Academy. Should Coach be required to defend themself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
a. Client agrees and understands that Coach cannot guarantee any specific results, outcomes, or changes to Client’s current situation, and will hold Coach harmless if they do not experience the desired results. Client is entering into this agreement voluntarily and of their own free will, and readily understands that they may or may not experience results desired, or achieved by other clients of Coach.
b. Client understands that all services provided by Coach in connection with the Academy being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Academy and work with Coach on a purely voluntary basis and does not hold Coach responsible should Client become dissatisfied with any portion of the Academy.
c. Client agrees that they do not have a cause of action, legal remedy, and is not entitled to a refund should they not achieve the results desired following completion of their work with Coach, as long as Coach delivers the Academy as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
a. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve it by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees they do not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach). If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the ADR Institute of Ontario, to be completed in Kitchener, Ontario (Canada) within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.
a. This Agreement shall be governed by and under control of the laws of Ontario, Canada regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Ontario, Canada are to be applicable here.
a. This agreement is not to be altered, amended, changed, extended or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.
Client and Coach agree this Agreement constitutes the entire agreement between Coach and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Academy or an expectation is not included in this Agreement, it does not apply and is not included within the Academy. Client has taken any necessary measures to discuss further and have any questions answered by Coach or Coach’s team, and is in full agreement with the terms outlined herein.