This agreement is entered into between Icenhower Coaching & Consulting, INC (“ICC”) and CLIENT, whereby ICC is to produce an Agent Management Portal (“AMP”) and provide access to ICC’s training modules.
1. AGENT MANAGEMENT PORTAL – ICC is to create a custom-branded landing page training suite.This page will be designed to meet CLIENT’S design requests within our site’s capability.
Includes:
Training Modules: The existing Training Videos and a Workbook/Manual will be provided. These courses are in a rolling out stage which is to say we update them as new content is available (i.e. audiobooks,new graphics, additional video content).
User Management: CLIENT will have a dedicated user manager login to enroll, delete, and track progress in the training suite.
USE: All training videos will be used for employee training purposes which credit ICC as the creator. The training modules cannot be otherwise distributed or reproduced outside of the organization for training purposes. All training modules shall remain the proprietary materials and property of ICC and shall not be recorded, copied, uploaded to the internet for public use, reproduced, or otherwise disseminated without the consent of ICC.
2. PAYMENT – CLIENT agrees to pay ICC a total of $250 for a setup fee plus first months fee immediately upon acceptance of terms and conditions and payment authorization. CLIENT agrees to license this training and Agent Management Portal according to the fee schedule below.
1. Initial $250 set up fee plus a monthly fee based on user count will be made to ICC immediately upon execution of this agreement.
2. The second will be a series of payments made monthly based on the user count at the time of the billing cycle.
3. DELIVERY – Agent Management Portal will be delivered within 7 business days from the time ICC receives CLIENT’s brand guidelines and artwork (this emailed request for items will be sent upon receipt of this agreement).
4. TERMINATION: This agreement is based on a twelve (12) month schedule. The CLIENT agrees to a full 12-month commitment commencing 12 months after this agreement is signed. Upon expiration of the twelve (12) month term, this contract will continue to renew for an additional 12-month term on an annual basis until the CLIENT provides written notice of termination at least thirty (30) days prior to the expiration of the term. Notice shall be provided by email to ICC at info@icenhowercoaching.com. Please note that all payments made by the client are non-refundable.
5. PROPRIETARY MATERIALS: CLIENT acknowledges that all materials and information provided by ICC shall remain the proprietary materials and property of ICC. The copyright and branding must stay intact if copied or recorded. These materials may not be reproduced, videotaped, or disseminated without the prior written consent of ICC.
6. DEFAULT: In the event of CLIENT’S default in payment for any monthly installment due, all privileges shall be suspended and CLIENT will remain liable for any unpaid payments.
7. GOVERNING LAW: The laws of the State of California govern this agreement. Venue shall be in the County of Tulare, State of California.
8. INVALIDITY AFFECTS ONLY THAT PROVISION: If for any reason, any term or provision of this agreement is construed to be unenforceable or void, the balance of the agreement will be effective and enforceable.
9. ENTIRE AGREEMENT; MODIFICATION: This Agreement constitutes the entire Agreement between CLIENT and ICC and may be modified only by a writing signed by both parties.
10. DISPUTE RESOLUTION: Any controversy between the parties regarding the construction or application of this Agreement, and any claim arising out of this Agreement or its breach shall be submitted
to mediation on the written request of one party after the service of that request on the other party. If the matter cannot be resolved by mediation, it shall be submitted to binding arbitration on the written request of one party after service of that request on the other party. Each party shall bear his/her own attorney fees and costs, and shall equally share the actual cost of mediation and/or arbitration.
11. CLIENT CONTENT
11.1 CLIENT Content Generally. Certain features of the Services may permit users to upload courses and other content to the Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“CLIENT Content”) and to publish CLIENT Content on the Services. CLIENT retains any copyright and other proprietary rights that it may hold in the CLIENT Content that CLIENT posts to the Services.
11.2 Limited License Grant to Supplier. By providing CLIENT Content to or via the Services, CLIENT grants Supplier a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute its CLIENT Content, in whole or in part, for providing the Services as described in this Agreement.
11.3 Limited License Grant to Other CLIENTS. By providing CLIENT Content to or via the Services to other users of the Services, CLIENT grants those users a non-exclusive license to access and use that CLIENT Content as permitted by this Agreement and the functionality of the Services.
11.4 CLIENT Content Representations and Warranties. Supplier disclaims any and all liability in connection with CLIENT Content. CLIENT is solely responsible for its CLIENT Content and the consequences of providing CLIENT Content via the Services. By providing CLIENT Content via the Services, CLIENT affirms, represents, and warrants to Supplier that:
(a) CLIENT is the creator and owner of the CLIENT Content, or has the necessary licenses, rights, consents, and permissions to authorize Supplier and users of the Services to use and distribute its CLIENT Content as necessary to exercise the licenses granted by CLIENT in this Section, in the manner contemplated by Supplier, the Services, and this Agreement;
(b) CLIENT Content, and the use of CLIENT Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including intellectual property rights; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) cause Supplier to violate any law or regulation; and (c) CLIENT Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
(d) CLIENT has all necessary approvals and authorizations to convey all licenses to Supplier hereunder
11.5 CLIENT Content Disclaimer. Supplier is under no obligation to edit or control CLIENT Content that CLIENT or other users post or publish and will not be in any way responsible or liable for CLIENT Content. Supplier may, however, at any time and without prior notice, screen, remove, edit, or block any CLIENT Content that in its sole judgment violates this Agreement or is otherwise objectionable. CLIENT understands that when using the Services, it will be exposed to CLIENT Content from a variety of sources and acknowledges that CLIENT. Content may be inaccurate, offensive, indecent,or objectionable. CLIENT agrees to waive, and does waive, any legal or equitable right or remedy it has or may have against Supplier with respect to CLIENT Content. If notified by a user or content owner that CLIENT Content allegedly does not conform to this Agreement, Supplier may investigate the allegation and determine in its sole discretion whether to remove the CLIENT Content, which Supplier reserves the right to do at any time and without notice. For clarity, Supplier does not permit copyright-infringing activities on the Services.
11.6 Monitoring Content. Supplier does not control and does not have any obligation to monitor: (a) CLIENT Content; (b) any content made available by third parties; or (c) the use of the Services by its users. CLIENT acknowledges and agrees that Supplier reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational purposes. If at any time Supplier chooses to monitor the content, Supplier still assumes no responsibility or liability for content, or any loss or damage incurred as a result of the use of content.
AGREEMENT:This agreement is entered into between Icenhower Coaching & Consulting, INC (“COACH”) and the undersigned coaching client (“CLIENT”), whereby COACH will provide CLIENT with one on one coaching calls based upon coaching subscription selection at purchase. COACH will also provide CLIENT with a variety of other training materials, videos, scripts, programs, and other support documents to supplement many of the coaching calls.
1. RIGHT TO RESCHEDULE:Due to other commitments such as speaking engagements and training events, or other reasons such as vacation, illness, and holidays, COACH reserves the right to reschedule any weekly calls for any reason at another mutually agreeable time with CLIENT.
2. TERMINATION:This agreement is based on a twelve (12) month schedule. The CLIENT agrees to a full 12-month commitment commencing when this agreement was signed. Upon expiration of the twelve (12) month term, this contract will continue to renew for an additional 12-month term on an annual basis until the CLIENT provides written notice of termination; CLIENT coaching subscription and services will be canceled 30 days from the written notice. Written notice shall be provided by email to COACH and info@icenhowercoaching.com. Please note that all payments made by CLIENT are non-refundable. COACH may terminate this agreement for the first 6 months of this contract, for any reason not prohibited by law, during the term of this contract. COACH shall provide notice of termination to CLIENT at the email address provided.
3. PROPRIETARY MATERIALS:CLIENT acknowledges that all materials and information provided by COACH shall remain the proprietary materials and property of COACH and may not be recorded, copied, reproduced, videotaped, or disseminated without the prior written consent of COACH.
4. PAYMENT:An amount of coaching subscription purchase will be charged each month to CLIENT’S credit card or ACH provided by CLIENT upon purchase
5. DEFAULT:In the event of CLIENT’S default in payment for any monthly installment due, all coaching calls, services and privileges shall be suspended and CLIENT will remain liable for any unpaid payments.
6. GOVERNING LAW: The laws of the State of California govern this agreement. The venue shall be in the County of Tulare,State of California.
7. INVALIDITY AFFECTS ONLY THAT PROVISION:If, for any reason, any term or provision of this agreement is construed to be unenforceable or void, the balance of the agreement will be effective and enforceable.
ENTIRE AGREEMENT; MODIFICATION:This Agreement constitutes the entire Agreement between CLIENT and COACH and may be modified only by a writing signed by both parties.
8. DISPUTE RESOLUTION: Any controversy between the parties regarding the construction or application of this Agreement,and any claim arising out of this Agreement or its breach, shall be submitted to mediation on the written request of one party after the service of that request on the other party. If the matter cannot be resolved by mediation, it shall be submitted to binding arbitration on the written request of one party after service of that request on the other party. Each party shall bear his/her own attorney fees and costs, and shall equally share the actual cost of mediation and/or arbitration.
AGREEMENT:This agreement is entered into between Icenhower Coaching & Consulting, INC (“COACH”) and the undersigned coaching client (“CLIENT”), whereby COACH will provide CLIENT with one on one coaching calls based upon coaching subscription selection at purchase. COACH will also provide CLIENT with a variety of other training materials, videos, scripts, programs, and other support documents to supplement many of the coaching calls.
1. RIGHT TO RESCHEDULE:Due to other commitments such as speaking engagements and training events, or other reasons such as vacation, illness, and holidays, COACH reserves the right to reschedule any weekly calls for any reason at another mutually agreeable time with CLIENT.
2. TERMINATION:This agreement is based on a twelve (12) month schedule. The CLIENT agrees to a full 12-month commitment commencing when this agreement was signed. Upon expiration of the twelve (12) month term, this contract will continue to renew for an additional 12-month term on an annual basis until the CLIENT provides written notice of termination; CLIENT coaching subscription and services will be canceled 30 days from the written notice. Written notice shall be provided by email to COACH and info@icenhowercoaching.com. Please note that all payments made by CLIENT are non-refundable. COACH may terminate this agreement for the first 6 months of this contract, for any reason not prohibited by law, during the term of this contract. COACH shall provide notice of termination to CLIENT at the email address provided.
3. PROPRIETARY MATERIALS:CLIENT acknowledges that all materials and information provided by COACH shall remain the proprietary materials and property of COACH and may not be recorded, copied, reproduced, videotaped, or disseminated without the prior written consent of COACH.
4. PAYMENT:An amount of coaching subscription purchase will be charged each month to CLIENT’S credit card or ACH provided by CLIENT upon purchase
5. DEFAULT:In the event of CLIENT’S default in payment for any monthly installment due, all coaching calls, services and privileges shall be suspended and CLIENT will remain liable for any unpaid payments.
6. GOVERNING LAW: The laws of the State of California govern this agreement. The venue shall be in the County of Tulare,State of California.
7. INVALIDITY AFFECTS ONLY THAT PROVISION:If, for any reason, any term or provision of this agreement is construed to be unenforceable or void, the balance of the agreement will be effective and enforceable.
ENTIRE AGREEMENT; MODIFICATION:This Agreement constitutes the entire Agreement between CLIENT and COACH and may be modified only by a writing signed by both parties.
8. DISPUTE RESOLUTION: Any controversy between the parties regarding the construction or application of this Agreement,and any claim arising out of this Agreement or its breach, shall be submitted to mediation on the written request of one party after the service of that request on the other party. If the matter cannot be resolved by mediation, it shall be submitted to binding arbitration on the written request of one party after service of that request on the other party. Each party shall bear his/her own attorney fees and costs, and shall equally share the actual cost of mediation and/or arbitration.
This agreement is entered into between Icenhower Coaching & Consulting, INC (“ICC”) and CLIENT, whereby ICC is to produce an Agent Management Portal (“AMP”) and provide access to ICC’s training modules.
1. AGENT MANAGEMENT PORTAL – ICC is to create a custom-branded landing page training suite.This page will be designed to meet CLIENT’S design requests within our site’s capability.
Includes:
Training Modules: The existing Training Videos and a Workbook/Manual will be provided. These courses are in a rolling out stage which is to say we update them as new content is available (i.e. audiobooks,new graphics, additional video content).
User Management: CLIENT will have a dedicated user manager login to enroll, delete, and track progress in the training suite.
USE: All training videos will be used for employee training purposes which credit ICC as the creator. The training modules cannot be otherwise distributed or reproduced outside of the organization for training purposes. All training modules shall remain the proprietary materials and property of ICC and shall not be recorded, copied, uploaded to the internet for public use, reproduced, or otherwise disseminated without the consent of ICC.
2. PAYMENT – CLIENT agrees to pay ICC a total of $250 for a setup fee plus first months fee immediately upon acceptance of terms and conditions and payment authorization. CLIENT agrees to license this training and Agent Management Portal according to the fee schedule below.
1. Initial $250 set up fee plus a monthly fee based on user count will be made to ICC immediately upon execution of this agreement.
2. The second will be a series of payments made monthly based on the user count at the time of the billing cycle.
3. DELIVERY – Agent Management Portal will be delivered within 7 business days from the time ICC receives CLIENT’s brand guidelines and artwork (this emailed request for items will be sent upon receipt of this agreement).
4. TERMINATION: This agreement is based on a twelve (12) month schedule. The CLIENT agrees to a full 12-month commitment commencing 12 months after this agreement is signed. Upon expiration of the twelve (12) month term, this contract will continue to renew for an additional 12-month term on an annual basis until the CLIENT provides written notice of termination at least thirty (30) days prior to the expiration of the term. Notice shall be provided by email to ICC at info@icenhowercoaching.com. Please note that all payments made by the client are non-refundable.
5. PROPRIETARY MATERIALS: CLIENT acknowledges that all materials and information provided by ICC shall remain the proprietary materials and property of ICC. The copyright and branding must stay intact if copied or recorded. These materials may not be reproduced, videotaped, or disseminated without the prior written consent of ICC.
6. DEFAULT: In the event of CLIENT’S default in payment for any monthly installment due, all privileges shall be suspended and CLIENT will remain liable for any unpaid payments.
7. GOVERNING LAW: The laws of the State of California govern this agreement. Venue shall be in the County of Tulare, State of California.
8. INVALIDITY AFFECTS ONLY THAT PROVISION: If for any reason, any term or provision of this agreement is construed to be unenforceable or void, the balance of the agreement will be effective and enforceable.
9. ENTIRE AGREEMENT; MODIFICATION: This Agreement constitutes the entire Agreement between CLIENT and ICC and may be modified only by a writing signed by both parties.
10. DISPUTE RESOLUTION: Any controversy between the parties regarding the construction or application of this Agreement, and any claim arising out of this Agreement or its breach shall be submitted
to mediation on the written request of one party after the service of that request on the other party. If the matter cannot be resolved by mediation, it shall be submitted to binding arbitration on the written request of one party after service of that request on the other party. Each party shall bear his/her own attorney fees and costs, and shall equally share the actual cost of mediation and/or arbitration.
11. CLIENT CONTENT
11.1 CLIENT Content Generally. Certain features of the Services may permit users to upload courses and other content to the Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“CLIENT Content”) and to publish CLIENT Content on the Services. CLIENT retains any copyright and other proprietary rights that it may hold in the CLIENT Content that CLIENT posts to the Services.
11.2 Limited License Grant to Supplier. By providing CLIENT Content to or via the Services, CLIENT grants Supplier a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute its CLIENT Content, in whole or in part, for providing the Services as described in this Agreement.
11.3 Limited License Grant to Other CLIENTS. By providing CLIENT Content to or via the Services to other users of the Services, CLIENT grants those users a non-exclusive license to access and use that CLIENT Content as permitted by this Agreement and the functionality of the Services.
11.4 CLIENT Content Representations and Warranties. Supplier disclaims any and all liability in connection with CLIENT Content. CLIENT is solely responsible for its CLIENT Content and the consequences of providing CLIENT Content via the Services. By providing CLIENT Content via the Services, CLIENT affirms, represents, and warrants to Supplier that:
(a) CLIENT is the creator and owner of the CLIENT Content, or has the necessary licenses, rights, consents, and permissions to authorize Supplier and users of the Services to use and distribute its CLIENT Content as necessary to exercise the licenses granted by CLIENT in this Section, in the manner contemplated by Supplier, the Services, and this Agreement;
(b) CLIENT Content, and the use of CLIENT Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including intellectual property rights; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) cause Supplier to violate any law or regulation; and (c) CLIENT Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
(d) CLIENT has all necessary approvals and authorizations to convey all licenses to Supplier hereunder
11.5 CLIENT Content Disclaimer. Supplier is under no obligation to edit or control CLIENT Content that CLIENT or other users post or publish and will not be in any way responsible or liable for CLIENT Content. Supplier may, however, at any time and without prior notice, screen, remove, edit, or block any CLIENT Content that in its sole judgment violates this Agreement or is otherwise objectionable. CLIENT understands that when using the Services, it will be exposed to CLIENT Content from a variety of sources and acknowledges that CLIENT. Content may be inaccurate, offensive, indecent,or objectionable. CLIENT agrees to waive, and does waive, any legal or equitable right or remedy it has or may have against Supplier with respect to CLIENT Content. If notified by a user or content owner that CLIENT Content allegedly does not conform to this Agreement, Supplier may investigate the allegation and determine in its sole discretion whether to remove the CLIENT Content, which Supplier reserves the right to do at any time and without notice. For clarity, Supplier does not permit copyright-infringing activities on the Services.
11.6 Monitoring Content. Supplier does not control and does not have any obligation to monitor: (a) CLIENT Content; (b) any content made available by third parties; or (c) the use of the Services by its users. CLIENT acknowledges and agrees that Supplier reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational purposes. If at any time Supplier chooses to monitor the content, Supplier still assumes no responsibility or liability for content, or any loss or damage incurred as a result of the use of content.
