GEETA NADKARNI MEDIA INC.
User Agreement for Geeta Nadkarni Media Inc.’s MESSAGING THAT MAKES MONEY™
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING GEETA NADKARNI MEDIA INC.’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS AND WORKSHOPS ASSOCIATED WITH GEETA NADKARNI MEDIA INC.’S Messaging that Makes Money™. BY ENROLLING TO THIS SESSION, YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF GEETA NADKARNI MEDIA INC.’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS AND WORKSHOPS ASSOCIATED WITH GEETA NADKARNI MEDIA INC.’S Messaging that Makes Money™, AND CONTACT US IMMEDIATELY AT [email protected].
SECTION 1: SERVICES AND COACHING FEES
1.1. Services: Under the terms of this Agreement, GEETA NADKARNI MEDIA INC. agrees to provide business coaching services to YOU in the form of 5-hour Messaging that Makes Money™ Workshop, and 30 days of follow up (“Services”) in exchange for a Coaching Fee. Coaching Fees will be determined according to paragraph below. Your access to such Services is made conditional to payment of such Coaching Fee.
1.1.1. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Coaching Fee. YOU agree and understand that upon commencement of the Term of this Agreement and payment completion, you will become enrolled in the Messaging that Makes Money™ Session provided by GEETA NADKARNI MEDIA INC. The Messaging that Makes Money™ will run for a total of five (5) hours and may include pre-work before the coaching session and online follow-ups via e-mail for up to thirty (30) days after the coaching session. GEETA NADKARNI MEDIA INC. is not responsible or liable for any access after the 30-day follow-up period.
1.1.2. Termination: GEETA NADKARNI MEDIA INC. may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Coaching Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay GEETA NADKARNI MEDIA INC:
1.3. Session Deliverables: Messaging that Makes Money™ is a 5-hour session to take place via Zoom. The Session will include pre-work to be prepared and submitted by YOU 48 hours prior to the booked session, as well as follow-ups via email for up to thirty (30) days after the session. The scope of the Session will include the following, but may or may not be limited to:
- Clear language around what you do and how you do growth consulting
- Clear language around your USP (Unique Selling Proposition) and what makes choosing you safer and more powerful for clients
- Identifying urgency points for client decision making so as to shorten sales cycle
- There’s a window where urgency is high. Learn how to identify those points for your clients and take advantage of them.
- Identifying celebrations – internal and client-focused – to build a culture that creates freedom for the founder
The workshop is covered by our Cliptastic™ guarantee which means if by the end of your Session, you are not totally satisfied with your experience, you can get a full refund.
1.4. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of the Messaging that Makes Money™ coaching session offered by GEETA NADKARNI MEDIA INC., YOU affirmatively agree and acknowledge that GEETA NADKARNI MEDIA INC. may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Service(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Service(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.5. Fees and Expenses: By accepting the terms of this Agreement, YOU agree to pay GEETA NADKARNI MEDIA INC. for its Services under this Agreement, together with the incidental fees and expenses, including but not limited to, transaction fees, conversion fees, or refund fees, incurred in on your end in connection to the delivery of such Services. GEETA NADKARNI MEDIA INC. shall be authorized to charge any Accounts of the Customer for the agreed upon amount owing to the Company under any provision of this Agreement.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that GEETA NADKARNI MEDIA INC. provides Service(s) related to business coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone’s success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience income loss by using such Service(s). In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any business venture.
2.2. Limited Liability: In no event will GEETA NADKARNI MEDIA INC. be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if GEETA NADKARNI MEDIA INC. has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law. GEETA NADKARNI MEDIA INC. shall not be liable to YOU or to any other person for any direct, consequential or special damages attributable to, resulting from or in any way related to the information provided by GEETA NADKARNI MEDIA INC. (including, without limitation, access to or usage thereof) or attributable to, resulting from or in any way related to a computer system breakdown or disruption, system access, negligence or the exercise of any rights under this Agreement.
2.3. Commitment to the Program: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and pre-work to the best of your ability. You further agree to attend the scheduled coaching session. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
2.4 We are not, nor are we holding ourselves out to be a doctor/physician, nurse, physician’s assistant, advance practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counsellor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of the clergy. As coaches, we are not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through our coaching session pertaining to your health or wellness, exercise, relationships, business/career choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that we are not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our Website. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. Similarly, coaching sessions and between session communication (“Coaching”) is for informational purposes only and not intended or implied to be a substitute for professional medical or mental health advice, diagnosis, or treatment.
SECTION 3: CONFIDENTIALITY
3.1. Confidentiality: Only authorized users, who have duly attained access to any of the Program(s), Coaching Session(s), and/or Workshop(s) offered by GEETA NADKARNI MEDIA INC. by personally agreeing to the terms of this Agreement, are permitted to use and participate in such Programs, Coaching Sessions, and/or Workshops. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any log-in member credentials to any third party, or use the Documentation, Video, Audio, or any log-in member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s), Session(s), and/or Workshop(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2. Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Messaging that Makes Money™ Workshop are the sole Intellectual Property of GEETA NADKARNI MEDIA INC. under Canadian copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and GEETA NADKARNI MEDIA INC., GEETA NADKARNI MEDIA INC. and its third-party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the Messaging System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of GEETA NADKARNI MEDIA INC., whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that GEETA NADKARNI MEDIA INC. uses in connection with services rendered by GEETA NADKARNI MEDIA INC. are marks owned by GEETA NADKARNI MEDIA INC.. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
3.3. Liquidated damages: Any breach or failure to abide by undertakings provided in section 3.1 or 3.2 will result in automatic liquidated damages payable by YOU to GEETA NADKARNI MEDIA INC., of a sum equivalent to five-hundred US dollars (500.00$USD) per day of violation or infringement.
SECTION 4: MISCELLANEOUS
4.1. Non–transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold GEETA NADKARNI MEDIA INC., its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Service(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and GEETA NADKARNI MEDIA INC. concerning the Service, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with GEETA NADKARNI MEDIA INC. relating to the Service, whether oral or written.
4.4. Governing law: This Agreement is governed by the laws of the Province of Quebec and the laws of Canada applicable thereto. The parties irrevocably submit to the exclusive jurisdiction of the Quebec courts, judicial district of Montreal, with respect to any matter which may arise under or in connection with this Agreement.
4.5. Attorneys’ Fees and Legal Expenses: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
4.6. Acknowledgement: YOU hereby agree and acknowledge:
- that all restrictions and obligations set forth herein are reasonable.
4.8. Other agreements: This Agreement shall not be construed as requiring nor does it require YOU or GEETA NADKARNI MEDIA INC. to enter into other agreements as between themselves or creating obligations other than those set forth herein.
4.9. No Endorsement: The following Agreement does not in any way constitute an (explicit or implicit) endorsement by GEETA NADKARNI MEDIA INC. of YOU or YOUR products or services or any of YOUR work, publication, study, analysis, and GEETA NADKARNI MEDIA INC. dissociate themselves from such. Consequently, YOU shall not make any representations which could suggest such endorsement or such association with GEETA NADKARNI MEDIA INC.
4.10. Notices: All notices under this Agreement shall be in writing and sent or delivered to the parties at their electronic addresses appearing on the Agreement or application.
4.11. Application: The fact that a provision of this Agreement or its application to a person or to any circumstances is in any way held to be invalid or unenforceable shall have no effect on the remaining provisions of this Agreement or on the application of such provision to persons or circumstances other than those with respect to which it was held to be invalid or unenforceable. Each provision of this Agreement is valid and may be fully enforced under the law, independently of any other provision of this Agreement, as each provision is hereby declared to be severable from all other provisions.
4.12 Enforceability: The omission by a party to enforce any provision of this Agreement or to exercise its rights hereunder shall not be construed as constituting a waiver of such provision or such rights, nor shall it in any way impair the validity of this Agreement nor deprive such party of the right subsequently to require absolute respect of its rights or compliance with such provision or any other provision of this Agreement. The fact that a party exercises rights shall not preclude or deprive such party from exercising any other rights conferred upon it hereunder or otherwise, whatever legal action or proceedings it may previously have brought. No waiver by a party of the performance of any of the provisions hereof shall be applicable unless such waiver is recorded in writing and signed by a duly authorized representative of such party.
4.13 Binding Agreement: YOU hereby acknowledge that this Agreement constitutes a valid obligation which is legally binding upon YOU and that such Agreement was signed by YOU or YOUR authorized representative or representatives.