By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement with Kim Foster International Inc. (“Company”), according to the following terms and conditions:
- COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education, seminar, consulting,
coaching, and/or business-coaching (the “Program”). The terms of this Agreement shall be binding
for any further goods/services supplied by Company to Client. Parties agree that the Program is in
the nature of coaching and education. The scope of services rendered by Company pursuant to this
contract shall be solely limited to those contained therein and provided for on Company’s website
as part of the Program. Company reserves the right to substitute services equal to or comparable to
the Program for Client if the need arises.
- COMPENSATION. Client agrees to compensate Company according to the payment schedule
set forth on Company’s website and the payment plan selected by Client (the “Fee”). Company shall
charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client .
- REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of
the Fee. If client cancels attendance at the Program for any reason whatsoever, Client will receive no
- CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with
Credit-Card(s) information for payment on Client’s account, Company shall be authorized to charge
Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiplepayment
plan to make payments to Company, Company shall be authorized to make all charges at
the time they are due and not require separate authorization in order to do so. Client shall not make
any chargebacks to Company’s account or cancel the credit card that is provided as security without
Company’s prior written consent. Client is responsible for any fees associated with recouping
payment on chargebacks and any collection fees associated therewith. Client shall not change any
of the credit card information provided to Company without notifying Company in advance.
- NO RESALE OF SERVICES PERMITTED. 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. This agreement is not transferrable or
assignable with the Company’s without the Company’s prior written consent.
- NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials
shall be provided to the Client for his/her individual use only and a single -user license. Client shall not
be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall
not be authorized to share, copy, distribute, or otherwise disseminate any materials received from
Company electronically or otherwise without the prior written consent of the Company. All intellectual
property, including Company’s copyrighted course materials, shall remain the sole property of the
Company. No license to sell or distribute Company’s materials is granted or implied.
- LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client
releases Company, it officers, employers, directors, and related entities from any and all damages
that may result from anything and everything. The Program is only an educational/coaching service
- By using Company’s services and enrolling in the Program, Client releases Company from any and all
damages that may result from anything and everything. Client accepts any and all risks, foreseeable
or nonforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company
is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of
(a) the total fees Client paid to Company in the one month prior to the action giving rise to the
(b) $1000. All claims against Company must be lodged with the entity having jurisdiction
within 100-day of the date of the first claim or otherwise be forfeited forever. Client agrees that
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 Company’s services or enrollment in the
Program. Client agrees that use of Company’s services is at Client’s own risk.
- DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for
her/his progress and results from the Program. Client accepts and agrees that she/ he is the one
vital element to the Program’s success and that Company cannot control Client. Company makes
no representations or guarantees verbally or in writing regarding performance of this Agreement
other than those specifically enumerated herein. Company and its affiliates disclaim the implied
warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no
guarantee or warranty that the Program will meet Client’s requirements or that all clients will
achieve the same results.
- COURSE RULES. To the extent that Client interacts with Company staff and/or other Company
clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff
and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The
failure to abide by course rules shall be cause for termination of this Agreement. In the event of such
termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible
for all outstanding amounts of the Fee.
- USE OF COURSE MATERIALS. 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 Client in the context of the course(s) and
the Program for future lecture, teaching, and marketing materials, and further other goods/services
provided by Company, without compensation to the Client. Client consents to its name, voice, and
likeness being used by Company for future lecture, teaching, and marketing materials, and further
other goods/services provided by Company, without compensation to the Client.
- NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof. The information contained in any of Company’s programs or provided through Company’s website, emails, or products, is not intended to be a substitute for professional medial advice, diagnosis or treatment that can be provided by a physician, therapist, licensed dietitian or nutritionist, or any other healthcare professional. This program does not give you any manner of license or capability to diagnose or treat health conditions. This content is not to be used to attempt to diagnose, treat, or cure in any manner whatsoever any disease, condition, or other physical or mental ailments of the human body. This material does not in any way replace a relationship that exists, or should exist, between you and a medical doctor or other healthcare professional. Always seek the advice of your physician or another qualified health care professional regarding any questions or concerns you have about your specific health situation. I advise you to speak with your own physician before implementing any suggestions within this program or elsewhere on our website. Do not disregard professional medical advice or delay seeking professional advice because o of information you have read on this website or received from us. Do not stop taking medications without speaking to your physician or health care professional. If you have or suspect that you have a medical problem, contact your healthcare provider promptly.
- TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this
Agreement, all payments due here under shall be immediately due and payable. Company shall
be allowed to immediately collect all sums from Client and terminate providing further services to
Client. In the event that Client is in arrears of payments to Company, Client shall be barred from
using any of Company’s services.
- CONFIDENTIALITY. The term “Confidential Information” shall mean information which is
not generally known to the public relating to the Client’s business or personal affairs. Company
agrees not to disclose, reveal or make use of any Confidential Information learned of through its
transactions with Client, during discussion with Client, the coaching session with Company, or
otherwise, without the written consent of Client. Company shall keep the Confidential Information
of the Client in strictest confidence and shall use its best eff orts to safeguard the Client’s
Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
- NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance
by Client, 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
- INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, 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 Company, or any of its shareholders,
trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory
actions, or the like arising from or related to this Agreement. 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.
- CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained
in this Contract and any marketing materials used by Company, 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 province of British Columbia 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 province of British Columbia. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the nonprevailing 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 have
survive, shall survive the termination of this Agreement for any reason.
- 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. Upon execution by clicking “I agree,” 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.