Terms and Conditions: Michelle Rule Mentoring

Effective date: Client enters agreement with Michelle Rule, upon engaging her mentoring and services. Payment for Michelle Rule Mentoring will constitute agreement of the Terms and Conditions below.

 

Michelle Rule Mentoring

Mentoring Agreement

This agreement (“Agreement”) is made and entered into commencing the date of payment for Mentoring Services (“Effective Date”) between Michelle Rule, hereafter referred to as “the Mentor,”, and you, the client, hereafter referred to as the “Client.”

Business Mentor takes place during the dates stipulated on the course purchased; however, certain aspects of the Business Mentor and Payment has begun immediately upon execution of this Agreement.

The purpose of this Agreement is to set forth the details of the Parties relationship so that each are clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.

THEREFORE, the Mentor and the Client agree as follows:

1. TERMS.

a. During the terms of this Agreement, the Mentor agrees to provide consultations in accordance with the specific services set forth in the Private Mentoring Package as outlined in Attachment A.

b. The services to be provided by the Mentor to the Client are Mentoring or tele-Mentoring, as designed jointly with the client. Mentoring, which is not advice, therapy or counselling, may address specific personal projects, business, or general conditions in the Client’s life or profession.

c. Client is aware that Mentor does not solve financial issues nor give financial advice and is therefore not a replacement for client’s financial advisors. If Client is presently under any form of financial distress or specialised financial supervision, Client is to inform Mentor prior to working together.

d. Mentor and Client agree upon the Package through which consultations, preparation, and follow up work (if necessary) are conducted. Dates and location are chosen collaboratively and adhered to upon signing the agreement.

e. Client agrees to cancel or reschedule a session more than 24 hours prior to scheduled session. If client does not reschedule prior to this time, that session will be forfeited.

f. Client must utilise the scheduling link provided to reserve available Private Mentoring sessions at least 1 month in advance. Client is responsible for booking their sessions in advance using the listed availability. The Mentor and Company shall not be held liable or issue any refund if the Client is unable to find a slot at their preferred time.

g. Client understands that Mentoring sessions will not be extended if Client is late and that if they are more than ten (10) minutes late the session is forfeited.

 

2. METHODOLOGY.

Mentor will employ a range of methodologies, including Mentoring, and mentorship. Client agrees to be open minded and partake in methods proposed. Client understands that Mentor makes no guarantees as to the outcome of the sessions or package. Mentoring may include establishing goals, identifying resources, creating action plans, strategising, and providing models, examples, and in-the-moment skills training.

3. PAYMENT.

a. The Client will make payment via website or other agreed upon method as outlined in Attachment A.

b. So that Client is fully invested in this Package, no refunds will be issued. Client understands that Client is responsible for all payments whether or not Client is fully participating in the business Mentoring. No exceptions will be made in this matter and the Mentor reserves the right to take legal action to collect payment.

c. Credit Card Authorisation (if applicable for payment plan). Each Party hereto acknowledges that Mentor will send an invoice or charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A. No sessions will be held until payment is made and if payment due is not paid within ten (10) days of due date, Client forfeits any remaining sessions. The Client shall not make any chargebacks to the Company's account. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys' fees.

 

4. DISCLAIMERS.

By participating in Mentoring services, mentorship, and/or consulting, Client acknowledges that Michelle Rule is not a psychologist, therapist, attorney, or financial advisor, and services do not replace the care of other professionals. Mentoring and/or consulting is in no way to be construed or substituted as psychological counselling, financial advice or any other type of therapy or advice.

CLIENT RESPONSIBILITY; NO GUARANTEES.

Client acknowledges that the Mentor has not and does not make any representations as to a future outcome of any kind that may be derived as a result of the Business Mentoring. Client accepts and agrees that Client is 100% responsible for results. The Mentor makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance.

The Mentor may provide the Client with information relating to products that the Mentor believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Mentor is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or Mentoring provided.

The Mentor may provide Client with third-party recommendations for such services as photography, business, health, investing, financial services or other related services. Client agrees that these are only recommendations and the Mentor will not be held liable for the services provided by any third-party to the Client. The Mentor is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Mentor’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Mentor’s programs and/or services. Client acknowledges that Mentor has not and does not make any representations as to the future income, sales, or potential profitability or loss of any kind that may be derived as a result of use of Mentor’s website, programs, products or services.

 

5. CONFIDENTIALITY.

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Mentoring sessions, or otherwise. Client acknowledges that Mentor may share confidential information or Mentoring sessions with Mentor’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

 

6. RECORDING OF CALLS.

Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement.

 

7. INTELLECTUAL PROPERTY RIGHTS.

In respect of the documents specifically created for the Client as part of this Agreement, the Mentor maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Mentor. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Mentor to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Mentor to provide the Services and the products, systems, programs or processes, produced by the Mentor pursuant to this Agreement.

8. DISCLAIMER OF WARRANTIES, NO GUARANTEES.

The Services provided to the Client by the Mentor under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Company makes no representations, warranties or guarantees verbally or in writing regarding Client's performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By paying for the services provided by the Mentor, Client acknowledges there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Business Mentoring. Company makes no guarantee other than that the services offered in this Services shall be provided to Client in accordance with the terms of this Agreement.

 

9. INDEMNIFICATION.

Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or wilful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.

 

10. NON-DISPARAGEMENT.

The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Mentor or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

 

11. DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the Australian Centre for International Commercial Arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Perth, Western Australia or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

12. ATTORNEYS' FEES.

If either Party brings an action to enforce their rights under this Agreement, the prevailing Party may recover its expenses (including attorneys' fees) incurred in connection with the action and any appeal from the losing Party.

 

13. GOVERNING LAW & SEVERABILITY.

This Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia, regardless of the conflict of laws principles thereof. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

 

14. GOOD FAITH.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.

 

15. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorised to execute such an instrument on behalf of both the Client and the Mentor.