In consideration of this Agreement, the Leader agrees to provide the services as outlined below, and the Client has paid the amount charged according to the sign-up page. THEREFORE, the Leader and the Client agree as follows:
1. PROGRAM AND COURSE ACCESS.
Access to materials is for individual use only and is non-transferable. Sharing program materials with third parties without explicit written consent is strictly prohibited and may result in termination of access without refund.
2. PAYMENT.
The Client will make payment via ThriveCart, PayPal, Credit Card, Invoicing or other agreed-upon method. If Payment fails, the Leader will follow up via e-mail, but payment must be made within 5 business days. Leader reserves the right to charge late fees and take legal action if payments are not completed based on the terms of this contract. No exceptions will be made in this matter, and the Leader reserves the right to take legal action to collect payment. The Client shall not make any chargebacks to the Company’s account. The Client shall pay for any fees associated with recouping payment, including but not limited to collection fees and attorneys’ fees.
3. CLIENT OBLIGATIONS.
Clients agree to participate actively in programs, courses, and sessions. They acknowledge that the success of these services depends on their commitment, effort, and follow-through. Clients also agree to treat all materials, staff, and other participants with respect and professionalism. Any behaviour that is disruptive, unethical, or in violation of these terms may result in termination of access without a refund.
4. CONFIDENTIALITY.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, sessions, or otherwise. The Leader acknowledges that all information provided by the Client will be kept strictly confidential, as permitted by law. Client acknowledges that Leader may share confidential information or sessions with Leader’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used to safeguard the Parties' own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
5. TERMINATION.
Doug Dane Consulting Inc. or it’s officers, directors, employees, agents, and affiliates, facilitators and guides reserves the right to terminate this agreement at any time, with or without cause. In the event of termination initiated by Doug Dane Consulting Inc., a pro-rata refund may be issued for unused services. Clients who violate these terms or engage in conduct that is harmful to the business, its employees, or other clients may have their access terminated without a refund.
6. DISCLAIMER. Doug Dane Consulting Inc. makes no guarantees regarding specific outcomes or results from programs, courses, or mentoring services. Results will depend on individual effort and circumstances. By participating, clients acknowledge that they have read, understood, and agreed to these terms and conditions. Doug Dane Consulting Inc. reserves the right to modify these terms at any time without prior notice.
7. INDEMNIFICATION.
Clients agree to indemnify, defend, and hold harmless Doug Dane Consulting Inc., its officers, directors, employees, agents, and affiliates, facilitators and guides from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to (a) the client's participation in any programs, courses, or sessions, (b) any breach of these terms and conditions by the client, (c) the client’s violation of any applicable laws or regulations, or (d) the client’s negligence or misconduct.
8. LIMITATION OF LIABILITY.
Doug Dane Consulting Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses. In no event shall the total liability of Doug Dane Consulting Inc. for all claims arising out of or related to these terms exceed the total amount paid by the client for the services during the twelve (12) months preceding the date of the claim.
1. I voluntarily consent to participate in the program. I understand this program is educational in nature and not psychotherapy or a substitute for psychotherapy.
2. I understand and acknowledge that my participation in the program and every separate part of it is purely voluntary and that at all times I will be free to choose NOT to participate in any part or all of the program. I acknowledge my responsibility for exercising my judgment and initiative in choosing what parts of the program I will participate in.
3. I take responsibility for consulting with a medical doctor and/or psychotherapist before participating in the program concerning any known or potential physical, mental or emotional condition which I have or may have, and will ask for medical and/or psychotherapeutic permission to participate. I assume the risk, by this consent, of any physical or other injury, illness or conditions during the course, and hereby release Doug Dane Consulting Inc., its officers, directors and staff, and Doug Dane and his companies from any and all liability therefore.
4. I am aware that all events (in person or online) that I am participating in will be recorded, in either or both audio and video formats. I am aware that my image, voice, likeness, name, interview or performance may become part of a future Audio/Video program. I authorize Doug Dane and/or Doug Dane Consulting Inc. to record and use these audio and video components as they wish.
5. Doug Dane Consulting Inc. and/or Doug Dane shall own all rights, title, and interest in and to the program, voice and/or picture, and same may be recorded on or transferred to videotape, film, slides, photographs, audio tapes, or other media, to be used and disposed of without limitation as Doug Dane and/or Doug Dane Consulting Inc. shall determine.
6. I understand that this material may be used for educational and promotional purposes as well as to assist and heal other people who may share similar issues as those I discuss at this event.
9. FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
10. NON-DISPARAGEMENT.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they shall not engage in any conduct or communications with a third party, public or private, designed to disparage the other. Client shall not make any false, disparaging, or derogatory statement in public or private regarding Doug Dane or Doug Dane Consulting Inc., its employees, or agents. The Leader shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with the Company.
11. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute under this Agreement will be submitted to the Canadian Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Kitchener, ON or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
12. ATTORNEYS’ FEES.
If either Party brings an action to enforce their rights under this Agreement, the prevailing Party may recover its expenses (including attorneys' fees) incurred in connection with the action and any appeal from the losing Party.
13. GOVERNING LAW AND SEVERABILITY.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, regardless of the conflict of laws principles thereof. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
14. GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.
15. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect.
This Agreement shall not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Leader.