WORKSHOP TERMS AND CONDITIONS
Goal Setting Online Workshop
PARTIES
This agreement (hereinafter referred to as the “Agreement”) is entered into between CLIENT/PARTICIPANT , and Boxing Smartly LLC, (hereinafter referred to as the “FACILITATOR”) (collectively referred to as the “Parties”), on the date the CLIENT/PARTICIPANT books the workshop online (the “Effective Date”).
EVENT AND DATE
The client/participant is booking the Boxing Smartly LLC Facilitator’s time for a 2 hour GOAL SETTING WORKSHOP, run virtually over zoom.
The Goal Setting Workshop will be on the dates stipulated on the website.
PLATFORM
Clients/Participants will be hosted on the Zoom platform, in the event the platform changes participants will be informed.
Clients/participant are expected to download the application and ensure that it is functional before joining the sessions.
The Facilitator will NOT be responsible for troubleshooting technical problems associated with the participants software.
DESCRIPTION OF SERVICES
A Boxing Smartly LLC, facilitator is booked exclusively for Facilitation services, presenting learning material and for coaching services within the workshop sessions.
The Boxing Smartly LLC shall provide all the tools, equipment and materials required for the workshop event, participants may however provide their own input materials for some activities should they choose to do so.
Clients/Participants are invited and encouraged to participate in the Goal Setting workshop event so they may enjoy the full benefit of the learning experience, but will not be placed under pressure to participate if they choose not to do so.
The Client/participant agrees and understands that a part of the goal setting process, clients/participants are required to ensure that actions and deadlines are to be assigned to goals as additional future steps to ensure goals are realized. These additional supporting steps to achieve goals can be booked with the Boxing Smartly LLC to support the clients further goal development and success in achieving goals should they choose to do so.
PAYMENTS
The Client/participant hereby agrees to pay the Boxing Smartly LLC 100% of the workshop fee prior to the workshop.
Boxing Smartly LLC will provide an invoice at the time of payment.
CANCELLATION POLICY
The Client/participant is entitled to cancel this contract at any given time.
The Client/participant is entitled to a full refund in the event that he/she cancels 7 (seven days) prior to the event date, less a 20% processing fee.
In the event that the Client cancels less than 7 (seven days) prior to the event date, he/she will NOT be entitled to a refund.
Boxing Smartly LLC is entitled to cancel this contract at any given time.
In the event of cancelation by Boxing Smartly LLC, Boxing Smartly LLC will be required to refund any money paid by the Client for the event.
LIMITED LIABILITY
In the unlikely event that Boxing Smartly LLC is unable to perform the services due to an extreme illness, act of God, act of terrorism, flood, war, government law and/or regulations, and/or other conditions beyond the control of the Company, the Company will make every effort to secure an alternate date. If the situation should occur that the Company is unable to secure a suitable date, responsibility and liability as the Company is limited to the return of all payments received for the Services.
Boxing Smartly LLC will not be held responsible for goals captured by participants and whether these roles are realized in the future.
INDEMNIFICATION CLAUSE
[THE PARTICIPANT/CLIENT] shall fully indemnify, hold harmless and defend Boxing Smartly LLC and its members, directors, officers, employees, agents, stockholders and Affiliates from and against all claims, lawsuits, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), property damage, equitable relief, personal injury and/or wrongful death), whether or not involving a third party claim, which arise out of or relate to any act or omission, negligence, or willful misconduct on the part of [THE PARTICIPANT/CLIENT], or his/her personnel, employees, agents or invitees]. This indemnification applies to and includes without limitation the payment of all penalties, fines, judgements, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to Boxing Smartly LLC for all legal fees, expense, and costs incurred by it.
TERMINATION CLAUSE
“Force majeure” means any unforeseeable circumstance which is beyond the control of a Party, or any unavoidable event, even if foreseeable, as a result of which such Party is unable to perform its obligations, in whole or in part, under this Agreement. Such circumstances include, but are not limited to, act of God, strike, closure, explosion, natural disaster, act by a public enemy, fire, flood, tornado, hurricane, accident, war, riot, civil disorder, insurgence, explosion, sabotage, governmental order relating to health or national defense requirements or any other similar event.
Neither Party shall be held liable or responsible for failure or delay in fulfilling or performing any of its obligations under this Agreement in case such failure or delay is due to any condition beyond the reasonable control of the affected Party including, but not limited to, (a “Force Majeure Event”). Such excuse shall continue as long as the Force Majeure Event continues, provided, however, that Boxing Smartly LLC may cancel without penalty any and all service upon the occurrence of a Force Majeure Event. Upon cessation of such Force Majeure Event, Boxing Smartly LLC shall promptly resume delivery on all services which have been terminated.
PHOTO AND MODEL RELEASE
The Client/Participant hereby assigns Boxing Smartly LLC an irrevocable and unrestricted right to use and publish photographs of the Client, event, decorations, or photographs in which the Client is included for editorial, trade, advertising, educational and any other purpose and in any manner medium to alter same without restriction, and to copyright same. The Client releases all claims to profits that may arise from any images. Boxing Smartly LLC shall not use any images in which minors appear.
LEGAL FEES
In the event of a dispute that results in legal action, the successful party will be entitled to the legal fees, such as attorney’s fees or other.
SEVERABILITY
In the event of any provision of this Contract is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force and in accordance with the Parties intention.
ENTIRE AGREEMENT
This Contract contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior arrangements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Contract control and supersede any course of performance and/or usage of the service inconsistent with any of its terms.
GOVERNING LAW
This Contract shall be governed and construed in accordance with the laws of country/state within which the contract is signed.
ONLINE AGREEMENT, SIGNATURE AND DATE
The parties hereby agrees to the terms and conditions, electronically by checking the box on the website.
The Parties hereby agree to the terms and conditions set forth in this contract and such is demonstrated by electronically checking the box on the website.