Group Program Agreement
Effective Date: August 7th, 2024
Party 1: Sara Lui, Volume One Studios LLC [“Coach”]
Party 2: Student Purchasing [“Client”]
SECTION 1 | INTRODUCTION
This is an Agreement between Sara Lui, in her capacity as owner of Volume One Studios LLC (“Coach”) and the Student Purchasing, (“Client”) for group coaching services. This Agreement has been reached after an offer and acceptance was made to Client and in exchange for adequate consideration.
Volume One Studios LLC is a company that provides individuals and business owners with education, strategies and support to help them leverage social media to grow their online presence. Volume One Studios LLC offers a 6-week group coaching course to help Clients leverage social media to grow their businesses, The Marketing Lab (the “Program” or “Group Program”).
The purpose of the Program is to teach Client certain strategies to create social media marketing strategies in order to grow their business and also to form a coaching relationship between the Coach and the clients in the Group Program. This will be done through weekly classes and interactions between the Coach and Client throughout the Term of this Agreement.
Through rendering payment, you ("Client") agree to the following terms in their entirety:
SECTION 2 | TERM
This Term of this Agreement shall be six (6) weeks, from August 7th, 2024 (“Start Date”) to September 11th, 2024 (“End Date”).
SECTION 3 | DISCLAIMER + COACHING DEFINITION
For the purposes of the Program, the Coach is not an employee, personal social media manager, personal marketing manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, personal brand advisor, one-on-one coach, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that coaching is working with the Coach to help Client think through and analyze decisions and assist Client with finding his/her own direction. The Coach may offer her opinion regarding decisions, but it is the responsibility of Client to make the final decision and choose the best option for his/herself.
Coaching Services defined: The Coach is a social media strategist, who offers the following Coaching Services as part of the Group Program: assisting Clients to provide guidance and insight as to leverage social media strategy to start or grow his/her business.
Coaching Services do not include: 1) procuring business or potential clients for Client; 2) performing any business management services for Client, such as social media marketing, brand advising, accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Coach’s professional network and business relationships; or 7) one-on-one Coaching Services.
Client hereby acknowledges that social media marketing coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions.
Client hereby acknowledges that Client is solely responsible for the amount and type of results and/or other income that Client generates by implementing techniques and advice provided by Coach. Client also acknowledges that he/she is solely responsible for any decision to leave his/her other career, job or profession in order to pursue Client’s business idea and indemnifies Coach from any liability regarding said decision. Similarly, Client also agrees that he/she is solely responsible for any personal decision and indemnifies Coach from any liability regarding said decision.
SECTION 4 | COACH’S RESPONSIBILITIES
Coach promises to offer Coaching Services (as defined in Section 3) as part of the coaching Program. Coaching Services include six (6) 60-minute group coaching sessions via Zoom, which will take place each week during the Term of this Agreement. Coach may also provide access to the class recordings, educational support materials, such as workbooks and/or video modules, to assist the Client in better understanding the techniques and strategies discussed in the weekly calls. The Coach also agrees to provide additional feedback in the form of a private Azura Group created exclusively for the Group Program Clients. Coach will provide additional support, in the form of a Support Coach to help monitor and administer advice within the Azura Group.
SECTION 5 | CLIENT’S RESPONSIBILITIES
Coach’s Program has been developed for educational purposes only. Coach has established her proprietary Program in order to educate and inspire Client to pursue his/her personal goals. However, Client hereby acknowledges that Coach does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her results from the Program. Client acknowledges that, as with any business endeavor and investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Program.
Nevertheless, Client acknowledges that he/she can optimize her potential results from the Program by adhering to the following:
Completion of all Program material, including assignments and worksheets if applicable;
Thoughtful and meaningful participation in all group coaching calls with Coach;
Utilization of Coach’s feedback within the Group Program’s private Azura Group;
Completion of all assigned work, material, and research between each coaching call;
Committing to the Program;
Attending each coaching call at the scheduled date, on time;
Taking 100% responsibility for Client’s results, 100% of the time.
SECTION 6 | RESCHEDULING POLICY
A big component of success is discipline and commitment. In order to achieve optimal results under this Program, Client should commit to the schedule as follows:
This is a six-week (6-week) Program, consisting of six (6) weekly sixty-minute (60-minute) group coaching calls.
Coach understands that sometimes, “life happens.” However, Coach does not provide “make-up calls” to any Group Program clients that are absent for a weekly group call, nor does Volume One Studios LLC provide any refunds or discounts for Client’s failure to attend any call or complete any portion of the Program.
SECTION 7 | REFUND POLICY
All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds.
SECTION 8 | PAYMENT & FEES
Client has two payment options to purchase the Program: A) a one-time fee, due in-full before the Start Date; B) a two-month payment plan; or C) a three-month payment plan, outlined below. NOTE: A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she is contractually bound to make all payments in the timeline outlined in Section 8(B). Client hereby agrees to pay in accordance with one of the following plans:
ONE-TIME FEE:
One (1) payment of nine hundred ninety-seven US Dollars ($997.00 USD), which is due immediately upon signing and execution of this Agreement. No Coaching Services shall commence under any circumstances until full payment is rendered by Client; or
TWO-MONTH PAYMENT PLAN:
Two (2) payments of four hundred ninety-eight US dollars and fifty US cents ($498.50 USD) totaling nine hundred ninety-seven US Dollars ($997.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $498.50 is due immediately upon signing and executing this Agreement;
The final payment of $498.50 is due within thirty (30) days of the Start Date of this Agreement;
Late Fees – Coach understands that, from time to time, there are issues with payment. All payments must be received by Coach within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 15 days of their due date will result in Client’s breach of this Agreement and may result in termination of Coaching Services.
THREE-MONTH PAYMENT PLAN:
Three (3) payments of three hundred thirty-two US dollars and thirty-three US cents ($332.33 USD) totaling nine hundred ninety-six US Dollars and ninety-nine US cents ($996.99 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $332.33 is due immediately upon signing and executing this Agreement;
The second payment of $332.33 is due within thirty (30) days of the Start Date of this Agreement;
The final payment of $332.33 is due within sixty (60) days of the Start Date of this Agreement;
Late Fees – Coach understands that, from time to time, there are issues with payment. All payments must be received by Coach within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 15 days of their due date will result in Client’s breach of this Agreement and may result in termination of Coaching Services.
SECTION 9 | TERMINATION
Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Coach or other members of the Program; 3) Client refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) Client proves to be difficult to work with; or 5) for any other legitimate business purposes in the best interest of Coach. If any of the following causes trigger Coach to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.
Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement.
SECTION 10 | CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE
Confidential Information -
Volume One Studios LLC takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to Volume One Studios LLC.
“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Client;
Any information disclosed in association with this Agreement;
Any trade secrets in connection with the Program or Volume One Studios LLC business practices.
Group Container -
From time to time, participants in the group Program may share sensitive, personal or otherwise confidential information. By participating in this Program, Client understands and acknowledges this, and agrees to keep all information discussed as part of the group Program (amongst other Program participants) confidential.
Testimonials -
Coach also agrees to protect Client’s Confidential Information. However, from time to time, Volume One Studios LLC may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Coach sharing Client’s success stories as testimonials on Coach’s website and/or social media.
Intellectual Property -
This Program, content and products contain intellectual property owned by Volume One Studios LLC. This Agreement is intellectual property owned by Volume One Studios LLC. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Volume One Studios LLC described within this Section in either whole or part without prior written consent.
Limited License -
Volume One Studios LLC grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for your personal and internal business use. You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If the Client is also a business owner in a similar industry, Client must not misappropriate any of Coach’s intellectual property and proprietary information in the following manner:
Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by Coach and passing it off as her own;
Copying any of Coach’s course material for Client’s personal use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent.
SECTION 11 | INDEMNIFICATION / LIMITATION OF LIABILITY
Client hereby acknowledges that neither Coach nor Volume One Studios LLC is liable for any injuries that may arise from Client’s personal decisions based off of his/her participation in this program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless both Coach and Volume One Studios LLC of any claims that may arise after participation in the Program.
SECTION 12 | MISCELLANEOUS
Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
Governing Law - Volume One Studios LLC is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Arizona.
Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
Execution - This Agreement is deemed signed when you click “I agree to the terms and conditions” and click “I’m so ready” to purchase the Program.