General Conditions of Sales for Aasha T. International and BeyondEQ International 

The Parties hereby agree to the following: 

1. Program/Service Description 

This Agreement is made effective as of today, by and between Aasha T. International, LLC (hereinafter referred to as the “Coach”) and our client (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”
  
2. Payment 
The Client will pay pursuant to the following terms immediately on signing this agreement.
  
Payments are due immediately. In accordance with our business structure, late payments will not be accepted. If payment is not made on or before the due dates stated herein, the Coach will send the Client an email with instructions on how to make immediate payment. The Coach will not perform any additional services for the Client until payment is completed and where relevant, the  client’s access to any client portal or materials may be removed until payment is made.

3. Refund Policy
a. The Team at Aasha T. International will do everything within their ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued. 

 

b. No Chargebacks 
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company
or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the
program / service. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. 

4. Term & Termination 

The Service is scheduled to start on the next available date in the calendar and that suits both the Client and the Coach (the “Term”) and the service will be rendered within 30 days. The Client understands that the Parties do not have a relationship after the end of the program / service. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.

The Client may not terminate the Agreement prior to the end of the Term Agreed based on length of course. The Coach may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the program / service. 

5. Client Commitments 

The Client agrees to the following as part of the program / service:

A. The Client shall participate fully to the best of his/her/their ability.
  
B. The Client shall immediately inform the Coach of any issues or difficulties he/she/they may have with the program/service.   
C. The Client shall complete payment according to the Terms herein. 
6. Coach Commitments
  
The Coach agrees to the following as part of the program / service:

A. The Coach shall participate fully to the best of BeyondEQ Internationals abilities.

B. The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.

C. The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your expressed permission.
  
7. Disclaimer
  
The Client understands that the Coach is a life coach and business coach.
The Client understands that the Coach is not an attorney, financial advisor, and/or accountant. The Coach and Client’s work together is not a substitute for professional financial, business, or legal advice. The Client understands that the Coach does not guarantee any outcome, income revenue, and/or profit from the Parties’ work together. The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle. The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist. 

Further, the Coach has not promised, nor shall be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.

8. Cancellations & Rescheduling Appointments 

Scheduled sessions (1:1 and group training) are not subject to rescheduling once a time has been allocated. Once you have chosen your time with Aasha T. International and the coaching team, the time slot is yours to own as part of the agreement. If there are unique circumstances to which you require rescheduling, adjustments will be given on a case-by-case scenario, decided solely on the discretion of the Coach. Should you require any help with the booking or have questions, please reach out to our client support at at connect@beyondeqinternational.com. 

9. Limitation of Liability 

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, breach or any violation of this Agreement by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

10. Indemnification 

Client agrees to indemnify and hold harmless the Coach, Aasha T. International, LLC and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Aasha T. International, LLC or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach. 

11. Arbitration 

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Massachusetts. The arbitration hearing shall be held in the state of Massachusetts . Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator(s) will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

12. Entire Agreement 

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions or any other agreement (oral or written) between the Parties.

13. Severability 

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged. 

14. Applicable Law + Venue 

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Massachusetts, United States as they apply to contracts entered into and wholly to be performed in the State of Massachusetts, United States. The Federal and State courts within the State of Massachusetts, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement. 

15. Photograph and Testimonial Release 

The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client\'s participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of his/her likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share his/her name or identifying information. 

16. Confidentiality 

The 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 throughout the Term of the Program (“Confidential Information”). 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 by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information condential 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 or to information already in the public domain through no fault of the Parties. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.

Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.

17. Consent for E-Signature 

The Parties agree that the Agreement is to be electronically signed and agreed upon. The Parties further agree that the electronic signatures that appear in the Agreement as check boxes or check marks, are the same as handwritten signatures for the purposes of enforceability, validity, and admissibility. If either Party does not consent to sign electronically, he/she should contact the sender of this document immediately to decline consent to electronic signatures. 

18. Waiver of Breach. 

A waiver by either party of any breach of the provisions of this Agreement by the other party, or, in any particular instance or series of instances, of any term or condition of this Agreement, shall not constitute or be deemed a waiver of such breach or of any such term or condition in any other instance nor shall any waiver constitute a continuing waiver hereunder. No waiver shall be binding unless executed in writing by the party making the waiver.

19. Amendment: Termination. 

The provisions of this Agreement may be amended, modified, supplemented, or otherwise altered only by an agreement, in writing, executed by the Coach and Client. This Agreement may not be terminated other than by an agreement in writing, executed by the Coach and Client.

20. Captions and Section Headings.

Captions and Section headings used herein are for convenience only and are not a part of this Agreement and shall not be used in construing it. References to Sections are in this Agreement. 

21. Entire Agreement.

This Agreement contains the entire agreement of the Coach and Client with respect to its subject matter and supersedes any and all other prior agreements, either oral or in writing, between the Coach and Client.

22. Execution of Documents; Further Assurances. 

Each party will, at the request of the other, execute, acknowledge and deliver whatever additional documents and take whatever additional actions as may be required in order to accomplish the intent of this Agreement. Notwithstanding the failure of either party to execute any such instrument or take any such action, this Agreement will be in all respects operative as though such instrument was in fact executed or such action was in fact taken.

23. Counterparts. 

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument.