You will be sent this contract separately for your records & signature:
The Ambitious Bookkeeper Private Mentoring and Wave and Release of Liability
As additional consideration for receiving business mentoring and other services from Serena Shoup LLC, dba The Ambitious Bookkeeper, an Arizona Limited Liability Company (the “Company”),
1. I, {{client.name}} voluntarily enter into this mentoring Agreement and Waiver and Release of Liability (“Agreement”) with the Company and with Serena Shoup.
2. Office Hours. All communication, including but not limited to mentoring calls, support and meetings will be conducted Tuesday, Wednesday or Thursday, between the hours of 9am and 2pm Pacific Time. Voice text support (through the application “Voxer”) will be available Monday through Thursday between the hours of 8 am and 5pm Pacific Time. No texts, calls, or communication is to be expected or guaranteed outside of these times. The Company may occasionally communicate with you outside of these times if we believe we are adding value to you.
3. Assumption of Risks. I understand that participating in private mentoring entails risks and challenges associated with an intensive program of personal and business development, including, by way of example, physical, mental or emotional distress that may accompany significant life changes. By signing this Agreement, I am freely and voluntarily assuming the risks arising from my participation in business mentoring (including risks that cannot be foreseen at this time). I take full responsibility for my business’ health, my personal health and well-being, my actions and decisions, and my personal care during my private mentoring engagement and thereafter.
4. No Guaranteed Outcomes. I understand that private mentoring outcomes can be subjective and can vary greatly depending on individual circumstances and individual effort invested in the mentoring process. Joining this private mentoring does not guarantee that I will take any specific action and does not offer any guarantee of success. As such, I understand that the Company makes no guarantee, representation or warranty of any nature or kind that this mentoring will be effective or will result in any particular outcome. I agree that I will not hold the Company or Serena Shoup responsible, in whole or in part, for any result that I do not achieve.
5. Right To Reschedule. I acknowledge that Serena Shoup, The Ambitious Bookkeeper, has the full right to reschedule any previously scheduled events due to circumstances out of their control, including COVID related restrictions, or acts of God. I acknowledge that Serena Shoup has the obligation to fulfill no less than 12 weeks of private mentoring. No refunds will be given for any reschedules or delays.
6. Waiver and Release of Liability. On my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, I hereby WAIVE, RELEASE AND FOREVER DISCHARGE the Company, Serena Shoup in her individual capacity, and each of the Company’s Authorized Coaches and principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns (collectively, “The Ambitious Bookkeeper”) from and against any and all claims, demands, losses, liabilities, damages and cases of action of any nature or kind that I have or may in the future have arising out of or in connection with my participation in this private mentoring program or any educational programs or services or any advice, information, suggestion, or recommendation that I receive in connection therewith, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgement, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages and causes of action are referred to collectively herein as the “Released Claims”).
7. Agreement Not to Sue: Indemnity. In addition, on my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, I covenant and agree that (i) I will not institute or attempt to institute any legal action, arbitration, demand or proceeding against any member of The Ambitious Bookkeeper, or Serena Shoup based upon any Released Claim, and (ii) I will indemnify, defend and hold harmless The Ambitious Bookkeeper and Serena Shoup and each of them from and against any losses, claims, liabilities, expenses or damages, including attorney’s fees and costs, incurred in connection with the defense of any Released Claim or any other breach of my obligations under this Agreement.
8. Intellectual Property. To honor and protect the Company’s intellectual property, I agree not to disclose, reproduce or distribute this private mentoring program’s materials, techniques or methods to any third party without Serena Shoup’S prior written consent. I understand that the Company’s materials are protected by Canadian intellectual property laws, and I agree not to copy, reproduce or distribute any such materials for any reason without the Company’s prior written consent.
9. Payment and Cancellation Policy. I acknowledge that I am committing to 12 weeks of PRIVATE mentoring, and the entire investment. I acknowledge that payment in full is required by the start of the third month. If you cannot attend any part, full payment is still required. No discounts or refunds of fees will be given under any circumstances, unless WRITTEN arrangements were made beforehand. No refund will be provided in the event of my failure to attend a scheduled session.
10. Termination. I understand that I am fully committed to the entire 12 weeks. I understand that I have the right to stop attending sessions, but I will not receive a refund for outstanding or pre-paid sessions. mentoring sessions are non-transferable. I understand that the terms of this Agreement shall survive the termination of my mentoring engagement.
11. Dispute Resolution; Limitation of Liability. In the unlikely event of a dispute arising from or relating to my mentoring engagement or this Agreement, the dispute shall be settled by binding arbitration, which will occur via telephone by an arbitrator that is mutually-approved by the parties. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs. I agree that if any member of The Ambitious Bookkeeper is found liable for any loss or damage, then to the fullest extent permitted by law, the aggregate collective liability of The Ambitious Bookkeeper shall be limited to a refund of amounts I have paid to the Company for services under this Agreement.
12. Miscellaneous. This Agreement shall be governed by the laws of the State of Arizona without regard to its conflicts of laws provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and my heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators and representatives. Each member of The Ambitious Bookkeeper is an express third-party beneficiary of this Agreement, fully entitled to enforce his or her rights hereunder. No amendment, change or modification to this Agreement shall be valid unless it is in writing and signed by both parties. This Agreement may be executed by an electronic, jpeg, PDF or other digital method of signature, and all such methods of signature shall be fully binding.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS