TERMS & CONDITIONS
You must agree to participate in the Do The Work Coaching Program.
Do The Work Coaching TERMS AND CONDITIONS
This is the official Do The Work Coaching Agreement, dated below (the “Effective Date”), by and between the undersigned individuals (Mentee) and A.Z. Araujo & Carla Araujo (Mentor).
What is the “Do The Work Coaching?"
“Do The Work Coaching" program (the “Program”) will be both a DEATH and a RE-BIRTH into a new world of Living and Leading in the world.
The Program is designed to be a 9 Weeks of establishing NEW addictions, habits and ways of BEING that ultimately lead to a new sense of DOING and HAVING.
During your “Do The Work Coaching" Membership, Mentee(s) will be establishing a foundation in four (4) areas of your life that allow growth and perspective in:
Body: Your Fitness & Food
. Purpose: Your Spirituality & Soul Purpose
Family: Your Marriage/Partner & Family
Business: Your Money & Marketing Systems
Background of the Contract:
Whereas, MENTOR provides marketing, sales, systems, life and business consulting services to businesses and individuals (the “Services”);
Whereas, related to the Services, MENTOR designs life altering programs such as the Program (defined below) to help individuals achieve great success;
Whereas, MENTEE desires to participate in the Program; and,
Now, Therefore, in consideration of the mutual promises and of the mutual agreements herein contained and intending to be legally bound hereby, MENTEE and MENTOR agree as follows:
Agreement:
Agreement to Participate in the Program. MENTEE agrees to participate in the Program, and MENTOR agrees to allow METNEE to participate in the Program, upon the terms and conditions hereinafter set forth.
The Process of Participation. Participation in the Program can result in a number of benefits to MENTEE including achieving a life goal, increased accomplishments, and the resolution of what led MENTEE to seek the Program. Working toward these benefits, however, requires effort on MENTEE’S part. The Program requires MENTEE’S very active involvement, honesty, and openness in order to accomplish MENTEE’S goals. The Program may result in decisions about changing behaviors, employment, schooling, housing or relationships. Sometimes a decision that is positive for one (1) family member is viewed quite negatively by another family member. The Program is designed to be a generally positive and uplifting experience. MENTOR expects MENTEE to determine what is best for MENTEE.
To achieve personal growth, wellness and life goals requires that MENTEE make a commitment to its own good health and that all actions and decisions. MENTEE is responsible for the results of those choices and actions not MENTOR. MENTOR does not guarantee any particular outcome and MENTEE is not under any obligation to follow any recommendations made by MENTOR.
MENTOR’S Duties. During the period or periods of its engagement under this Agreement, MENTOR shall perform any and all Services as may be required by the Program. All Services shall be performed in accordance with the expectations and objectives of the Program.
Term. This Agreement shall become effective only upon the signing of this Agreement. The relationship established by this Agreement shall continue and be limited to the term of the Program or earlier termination as provided for herein.
Modification of Program. MENTEE hereby acknowledges that MENTOR reserves the right to modify the Program at any time to better serve MENTEE(S) or other participants in MENTOR’S programs, as determined by MENTOR in its sole discretion.
MENTEE’S Deliverables & Expenses. MENTEE covenants and agrees to fully and timely participate in the Program. Further, MENTEE shall be solely responsible to pay for any and all travel, hotel and other related expenses during its participation in the Program.
Investment. MENTEE shall pay to MENTOR as tuition for the Services and to participate in the Program the amount indicated in the table below (the “Tuition”). Such sum shall become due and will be paid as follows:
3 Payments of $295
Payment 1 - Due immediately
Payment 2 - Due in 30 days
Payment 3 - Due in 60 days
To provide clarity, MENTEE acknowledges and agrees that in the event of forfeiture as described herein, and subsequent payment of Tuition, MENTOR shall have no obligation whatsoever to provide MENTEE with “make-up” events to replace those that MENTEE forfeited.
Termination. This Agreement shall automatically terminate following the conclusion of the Program (excepting those terms that shall survive the termination hereof). MENTEE may terminate this Agreement at any time upon Five (5) days’ written notice to MENTOR after Tuition is received. MENTOR may terminate this Agreement at any time upon notice to MENTEE if: (1) MENTEE fails to timely pay the Tuition; (2) if MENTEE fails or refuses to meaningfully participate in the Program (as determined by MENTOR in its reasonable discretion); and (3) if MENTEE violates and of the Program’s or MENTOR’S rules, general policies or procedures. As stated in Section 9 hereof, MENTEE shall not receive any refund of the Tuition upon termination of this Agreement.
MENTEE’S Representations & Warranties.
MENTEE understands that the Program is a comprehensive process that may involve all areas of its life, including work, finances, health, relationships, education and recreation. MENTEE acknowledges that deciding how to handle these issues, incorporating the Program into those areas, and implementing its choices is exclusively its responsibility.
MENTEE understands and agrees that MENTEE is fully responsible for its physical, mental and emotional wellbeing during its participation in the Program, including its choices and decisions including any injuries resulting from diet or exercise recommended by MENTOR, and MENTOR shall not be liable in any way to MENTEE for the same.
MENTEE is aware that MENTEE can choose to discontinue its participation in the Program at any time at its discretion.
MENTEE understands that aspects of the Program may occur over the Internet. MENTEE therefore consents to having sensitive information transmitted via electronic mail, and acknowledges the risks involved, and waives any claims against MENTOR for damages arising from any mistakes or errors made in connection with any such transmission.
MENTEE understands that MENTOR periodically films, photographs and records particular Program related events, conversations, teleseminars and testimonials for use in Program related materials, products, news releases and other communications.
MENTEE understands that MENTOR methodology, including principles, concepts, methodology, the Program’s structure, techniques and training, as well as assignments, electronic mail, attachments, and documents, are proprietary and MENTEE understands and agrees that such may not be used for any purposes, other than related to the Program, without the prior written consent of MENTOR or as otherwise explicitly stated herein. The principles learned in the Program may be used directly in its life, but MENTEE may not speak, publish, or distribute publicly the same without the prior written consent of MENTOR.
MENTEE understands that information related to its participation in the Program will be held as confidential, provided however that such information may be shared with the Program’s affiliates as reasonably necessary at the discretion of MENTOR, to fulfill its obligations hereunder, or as required by law.
MENTEE understands that the Program does not involve the diagnosis or treatment of physical disorders or mental disorders, as such are defined by the American Psychiatric Association. MENTEE understands that the Program is not a substitute for counseling, psychotherapy, psychoanalysis, physical or mental health care, or substance abuse treatment and MENTEE will not use the Program in place of any form of diagnosis, treatment or therapy.
MENTEE understands the Program may not be appropriate for all people. By signing up for the Program, MENTEE acknowledge the possibility that MENTOR may ask it to discontinue the Program or leave a workshop or other program if it determines that such is not appropriate for MENTEE, in MENTOR’S reasonable discretion.
MENTEE understands that the Program is not to be used as a substitute for professional advice by legal, medical, financial, business or other qualified professionals.
License to Use MENTEE’S Likeness.
MENTEE understands that as part of this Agreement and related to the Program, it is granting to MENTOR, and MENTOR’S assigns, the right to take, use, reuse, publish, modify, change its appearance, likeness, form and voice by any means, techniques, and media including, by way of illustration only, photographic film, drawing, video, and computer, and to use its name or a fictitious name in conjunction therewith, and to use with it any printed, graphic or other matter. MENTEE hereby disclaims any right to the copyright in any such works and assigns any rights that it may have in such works to MENTOR. MENTEE acknowledges that MENTOR owns all rights to any photograph, video or audio recordings produced related to the Program. MENTEE hereby releases any rights to the same in perpetuity to MENTOR without prejudice and acknowledges that MENTEE is to receive no compensation for such appearances or recordings.
Intellectual Property. The following provisions shall apply with respect to MENTOR’S works, including literary works, pictorial, graphic, and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising and marketing concepts; information; data; formulas; designs; models; drawings; computer programs (including all documentation, related listings, design specifications, and flowcharts), trade secrets and any inventions, including all processes, machines, manufactures, and compositions of matter and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon (collectively, “Intellectual Property”):
The Program’s Tools. MENTEE will be empowered to take the following tools, systems and process’s (and more) of MENTOR and implement them into MENTEE’S own business systems and programs.
THE DOCTRINE
Accountability: Where Am I now? What do I want? Why do I want it? How am I going to pull it off?
Action: Marketing, Sales, Systems, Leadership
Association: Network, Mastermind, Collaborate, Co-create
Right to Intellectual Property. At no point shall MENTEE have any right or claim to the Intellectual Property; such shall always be vested with MENTOR. However, MENTEE may be granted the ability to utilize such and to integrate certain Intellectual Property into MENTEE’S business as MENTEE deems desirable and as authorized by MENTOR.
MENTEE covenants and agrees that it shall properly attribute the Intellectual Property to MENTOR as reasonably necessary.
Confidentiality & Non-Disclosure.
For purposes of this Agreement “Confidential Information” means any information presented by MENTOR or its affiliates or otherwise disclosed during the Program by MENTEE or another participant in the Program that is not generally known except by those participating in the Program and third parties subject to an express or implied obligation of confidentiality to MENTOR. MENTEE hereby acknowledges that the Confidential Information is highly sensitive in nature and may also constitute trade secrets of MENTOR or other participants in the Program. Therefore, MENTEE hereby agrees that MENTEE has a duty to maintain the Confidential Information as confidential and secret. MENTEE further acknowledges that disclosure to MENTEE of any Confidential Information is made in the strictest of confidence and that MENTEE shall maintain the Confidential Information as confidential and secret and shall avoid the unauthorized disclosure, use, publication, dissemination or other communication of the Confidential Information to any third party. MENTEE shall not disclose, use, publish, disseminate or otherwise communicate, directly or indirectly, in whole or in part, at any time or in any manner, any Confidential Information without the prior written consent of MENTOR in each instance. Any Confidential Information that MENTEE acquires or becomes acquainted with may not be reproduced, copied, summarized or published in any manner whatsoever without the prior written consent of MENTOR in each instance, other than as stated in this Agreement.
Remedies for Breach.
MENTOR shall have the following rights and remedies, in addition to any others it may have in law and equity, each of which shall be independent of the other and severally enforceable:
The right and remedy to have provisions specifically enforced by any court having equity jurisdiction together. MENTEE specifically acknowledges and agrees that any breach or threatened breach of the provisions will cause irreparable injury to MENTOR and that money damages will not provide an adequate remedy to MENTOR. Such injunction shall be available without the posting of any bond or other security.
The right and remedy to accelerate the obligation to pay Tuition and require MENTEE to immediately pay the Tuition in-full.
The right to terminate this Agreement.
Relationship of the Parties. MENTOR shall perform its services under this Agreement as an independent contractor. MENTOR represents and warrants that it stands as an independent contractor in relation to MENTEE and that it is not a partner, officer, agent, servant or employee of MENTEE. MENTOR further represents and warrants that it shall assume all obligations and duties of an independent contractor and that it shall hold MENTEE harmless from all liabilities, actions, suits, audits, assessments, or other claims made or brought by any person, corporation, tax authority, governmental agency, or entity and from reasonable attorney fees and costs in defending against the same.
Vulnerability of Electronic Communications.
MENTEE acknowledges that electronic communications can be relatively easily accessed by unauthorized people and therefore the privacy and confidentiality of such communications may be compromised. Therefore, if MENTE communicates confidential or highly private information via electronic means, MENTOR may assume that MENTEE has made an informed decision related thereto, shall view it as MENTEE’S agreement to take the risk that such communication may be intercepted, and will communicate about such matters with MENTEE via electronic means.
Waiver.
The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which violates the terms hereunder shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct.
Notices.
All notices pertaining to this Agreement shall be in writing and shall be transmitted either by electronic mail, personal hand delivery or through the facilities of the United States Post Office. All notices shall be addressed to the address indicated below, unless written notice of a change of address is given.
Binding Arbitration.
Subject to the rights of any party to seek injunctive relief pursuant to sections above, and without waiving the same, the parties agree that all disputes, controversies or claims that may arise among them arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be submitted to, and determined by, binding arbitration. Such arbitration shall be conducted before a single arbitrator pursuant to the Commercial Arbitration Rules then in effect of the American Arbitration Association, except to the extent such rules are inconsistent with this agreement. The arbitrator shall apply the laws of the State of Arizona (without regard to conflict of law rules) in determining the substance of the dispute, controversy or claim and shall decide the same in accordance with applicable usages and terms of trade. The fees of the arbitration initially shall be paid one-half by MENTOR and one-half by MENTEE; provided, however, that the prevailing party in any such arbitration shall be entitled to recover its reasonable attorney fees, costs and expenses incurred in connection with the arbitration. Any award pursuant to such arbitration shall be final and binding upon the parties, and judgment on the award may be entered in any federal or state court sitting in any court having jurisdiction. The obligations set forth in this agreement shall survive the termination of this Agreement.
MENTOR AND MENTEE EACH KNOWINGLY AND VOLUNTARILY GIVE UP ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, CLAIM OR CONTROVERSY WHICH MAY ARISE BETWEEN THEM.
Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one (1) and the same instrument.
Entire Agreement; Changes.
This Agreement and the Release, Waiver, Assumption of Risk, Confidentiality, Disclaimers and Indemnity Agreement executed by MENTEE in relation to its relationship with MENTOR contain the parties’ entire agreement regarding the terms hereof. There are no other agreements, either written or oral, between the parties related hereto. Any change to this Agreement must be in writing and signed by both parties. If any portion of this Agreement is determined to be unenforceable, the remaining provisions shall be enforced in accordance with their terms or shall be interpreted or re-written so as to make them enforceable.
Surviving Provisions. The obligations contained in this agreement shall survive the termination of this Agreement.
Limitation of Liability.
MENTOR’S total liability under this Agreement shall be limited to the amount of Tuition actually paid by MENTEE to MENTOR. In no event shall MENTOR, its managers, members, employees, subsidiaries, or affiliates be liable to MENTEE for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to lost profits, business opportunity, relationships with relatives, friends, or other affiliates of client, business interruption or any other loss, pecuniary or otherwise, and including any such alleged to result from MENTOR’S performance of its obligations under this Agreement). MENTEE hereby acknowledges and agrees that the limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of MENTOR’S bargain hereunder, without which MENTOR would not enter into this Agreement or provide Client with the Services or allow participation in the Program, and that the Tuition reflects the allocation of risk agreed upon by the parties. No action, regardless of form, arising from or pertaining to the Services may be brought by Client more than 6 months after such action has arisen.
In Witness Whereof, the parties have executed this Agreement effective as of the date indicated above.