THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE TO YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
Please take some time to read and review this document so that you can get the most out of your Coaching. This document constitutes the COACHING AGREEMENT between Zak Holdings Ltd. and the person named as “Client” (you).
RESPONSIBILITY FOR CHANGE
At Zak Holdings Ltd. we work from the core belief in the “law of Cause and Effect”, or “Reasons and Results”. We are all fully responsible for our own lives and decisions. Each of us can choose to be at cause for all of the results in our lives or we can allow ourselves to believe that we are at the effect of situations and events directed by others. Those on the “effect” side of the equation tend to have “reasons” for their lack of results.
- The responsibility for change rests entirely with each of us
- Your Coach will do everything possible to support you in achieving your own results and desired outcomes; your Coach cannot make any changes for you
- You are responsible for the cause of all change in your life
- Your Coach will work with you to identify solutions and offer suggestions, options and coaching based on their own personal experience, training and the information you give them
- All decisions and courses of action are entirely yours and you accept full responsibility for such decisions and actions
- You should always carefully evaluate the consequences of various options and act accordingly including seeking Professional Advice prior to taking actions where appropriate.
- The Client, by agreeing to this Coaching Agreement form hereby agrees and acknowledges that the Company and its agents, employees and servants are not licensed investment advisors, licensed financial planners, qualified or practicing accountants, qualified or practicing finance professionals, qualified or practicing health professionals or qualified or practicing legal professionals
All Coaching Sessions are scheduled weekly in advance by direct agreement between you and your coaches. Your success and personal breakthroughs are our priority; please make them yours as well. If for any reason you cannot attend a scheduled Coaching Session you are fully responsible if you attend them, or do not, as a client you need to make sure you attend these calls. (All calls are recorded).
FACEBOOK MESSAGE/VOXER ACCESS
Your Coach is also available during the week – Monday – Friday 9:00am – 5:00pm via Facebook and Voxer to share knowledge, answer questions, seek clarity on actions or review minor issues. Feel free to use the resource of your Coach in this way. They are provided to help assist and support you in your change and results achievement. Your Coach may not always be available for you immediately and if so will endeavour to reply to you as soon as possible.
MONTHLY WORKSHOP MEET-UPS
Every month the coaches will hold a meet-up in Central London every month, the times will be scheduled beforehand so the “client” can make the necessary arrangements.
The workshops will be held in Central London every month, and the “client” is responsible for their own travel, expenses, lunch, and other monetary items they purchase.
The workshop Location will not be changed to suit the client, they have been agreed from the start within the contract and will remain in Central London for the duration of the coaching term.
These terms and conditions form a part of your agreement with Performance Zak Holdings Ltd. and apply to your Coaching Sessions as indicated overleaf, to the exclusion of all other terms and conditions issued or stipulated by anyone else other than Zak Holdings Ltd.. In these terms and conditions, all references to “us”, “our” and “we” mean Zak Holdings Ltd.. This agreement has no relation to any other agreement held with Zak Holdings Ltd..
• Terms of Coaching
The Coaching Programs described overleaf are created and sold as whole packages and cannot be altered or partially completed in any way. If you are enrolled in continuing Coaching the term of coaching (number of sessions over a certain period of time, E.G 3, 6, 12 months) is set out in the document overleaf, and confirmed with the buyer over the phone. Unused sessions due to premature withdrawal from the programme are not eligible for refund, credit or transfer.
• No Coaching suspension
Once your programme is in progress, you will not be able to pause your coaching on hold during any part of the term.
• Coaching Calls
You understand that the Program provides Coaching services with a qualified and trained coach and includes other tele-calls, voxer, webinars and online coaching materials in addition to your monthly Coaching workshops. Unless otherwise specified, members receive the number and duration of coaching sessions shown overleaf. If you miss any scheduled sessions, there are no make up sessions or refunds. Voxer communication and webinar calls with a coach during your coaching term are at a Client’s expense. Coaches do not call Clients.
• Programme changes
Zak Holdings Ltd. reserves the right to change, modify or cancel the Program as considered necessary. Any such change will be made in consultation with the Client.
CCBill Consumer Support
24 hrs, 7 days a week, 365 days a year.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product or service that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Seller and/or telemarketing organisations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database. However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the ‘unsubscribe’ link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer’s agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Seller.
Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
GUARANTEE AND WARRANTY
This product/coaching is sold ‘as is’ without warranty or guarantee of any kind,
either express or implied, including no warranty as to merchantability
or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing.
All material relating to the Programme is subject to copyright and other intellectual property rights. The copyright in all such materials remains the property of their owners and may not be recorded, used or reproduced, without the written permission of the copyright owner. You agree not, at any time, to do anything that would infringe the intellectual property rights in such materials.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer’s person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirecty from this product. Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Seller’s liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer’s person or business by using this product, including harm to buyer’s computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer’s interaction with Third Party soliciting agents who were provided ‘leads’ by the Seller. Seller disclaims liability for Buyer’s interactions with advertisers on the site. Seller disclaims liability for Buyer’s interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller’s total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller’s total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
None of the endorsements or testimonials included on this site depict earnings, revenue or profit results that a consumer should generally expect to achieve by using the advertised products or services. They only demonstrate exceptional results and are not intended to guaranty or to suggest that you will obtain similar results.
The earnings, revenue and profit results which a consumer will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the products and services, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of any products or services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial.
SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS’, ‘INCOME CLAIMS’, OR ‘EARNINGS CLAIMS’ IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product/coaching or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by the Seller about its own experience with the product.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including just dumb luck. Some people buy this product to make money and, in fact, make no money. Some people buy this product and never read it or attempt to implement any of the moneymaking ideas. Some guys seemingly take to it like a duck to water and can’t stop making money. Nothing promoted on this website should be construed as a ‘Get rich quick’ scheme. The products Buyer is buying to learn how to make money or products that Buyer is buying to re-sell, have all been proven money-makers. The income and earnings statements, if any, tend to reflect the more successful cases and Buyer should not construe this as being the ‘average’ or usual success story. As is true in much of life, real success usually requires real work. Learning about the internet is not terrible work and it can produce very livable income if Buyer is willing to learn his or her craft and work at it steadily. Even part-time efforts may bring in some extra money each month. But it requires learning skills that Buyer may not have a background to easily learn and will certainly require constant education and, perhaps, even psychological motivation to keep Buyer directed toward his or her goals.
If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any, that Buyer will earn from this material or product or service and Buyer warrants an understanding that Buyer’s only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the purchase price of the product.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller’s sole discretion
The undersigned agrees to release Zak Holdings Ltd., its officers, employees and representatives and their respective heirs, successors and assigns form any claims which the undersigned may otherwise have been arising out of or in any way related to participation in the Coaching Program and harmless from any loss or liability from actions taken or situations created as a results of the Coaching Sessions or relationship. You understand that all action taken is performed voluntarily. Clients should seek independent professional advice before undertaking any physical, business or investment actions.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including solicitor fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a court, the proper court shall be the closest court to the Seller’s address.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.
The prevailing party to any arbitration or litigation will be entitled to collect solicitor fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
This Coaching Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Coaching Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
SELLER CONTACT INFORMATION
We hope this information satisfies any questions or concerns you may have regarding the email practices of Zak Holdings Ltd.. If you have additional questions or wish to discuss this matter further, please contact us at: email@example.com or call 01273 251739.
By taking the affirmative step of purchasing of a product, coaching service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Coaching Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
2018 Zak Holdings Ltd.
By entering into a Coaching Agreement either through signing a Coaching Form/Agreement withZak Holdings Ltd. or paying any amount to Zak Holdings Ltd. online for Coaching Services you agree to abide by the terms and conditions as set out above.