EAP-Terms of Purchase Agreement

ELITE ADVISOR ACADEMY

TERMS OF PURCHASE AGREEMENT

Congratulations on making the decision to invest in yourself and to use the Elite Advisor Academy to grow your business, improve your confidence, and increase your pipeline.  Together, we are going to make tremendous progress toward building a more powerful you who can take your business to the next level. This Academy is built on a proven methodology that has been refined over the years by CEO and Lead Coach, Jason Hartanov, through more than 25 years of personal and professional development training and education.  The program has proven results with leaders just like you.

In order to make this a successful partnership, your responsibility is to (1) do the assignments as agreed with excellence (2) ask for help when needed (3) communicate concerns immediately (4) take ownership of your own results (5) trust the process and (6) always be honest.  You will get out of this program as much as you put into it.

Elite Advisor Academy Program Details:

• A platform of content, coaching, and support that provides the tools necessary for you to shift your mindset and grow your business.
• A repository of trainings accessible through an online portal enabling you to watch on-demand as necessary and as many times as needed.
• One (1) Sixty (60) minute introductory 1:1 coaching session to determine key outcomes, develop a clear roadmap, identify limiting beliefs, and establish an initial action plan.
• Eleven (11) additional 1:1 coaching sessions over a period of 11 weeks to implement and support the coaching plan. Each session will be approximately 30 minutes long.
• Additional access and support via Voxer voice messages.  As a private client, you have unique access to your coach for just-in-time coaching on business issues.
• Access to proprietary activities, worksheets, and other materials to support the process.

Investment: Total fee of $7,000 USD, payable in full or three monthly installments of $2,500 USD by credit card. Please contact your tax advisor to determine if the fees are tax-deductible as a consulting or education expense.

Commitment to Your Satisfaction: We offer a full refund for any participants who follow the process and do not achieve the results as expected.  To qualify for a refund the participant must have completed the weekly assignments on time and complete to the satisfaction of the coach.  Additionally, the participant must have provided two weeks notice in writing of their concern about the program and their lack of results, so the coach has ample time to adjust the course to meet the goals of the program.  No refunds will be given to participants who have not submitted their assignments, completed their training on time, and addressed their concerns with their coach. This is because we cannot get results without the participant fulfilling their promise of the program.

Terms of Service: Please review The Terms of Service carefully before completing your purchase as completion of this purchase and agreement to these terms are binding.

TERMS OF SERVICE

These Terms of Service are incorporated into and made part of the letter to which these Terms of Service are attached, and together with the attached letter shall be referred to hereafter as the “Agreement”. This Agreement is made effective as of the date the Client completes the purchase of Elite Advisors Academy from Hartanov Enterprises LLC (“Consultant”). The “Client” is the entity or person who completes the purchase of the Elite Advisors Academy Program.

• Engagement of Services.  Subject to the terms of this Agreement, Consultant will render the Personal, Executive, Leadership and Success Coaching services described in the section titled “Elite Advisor Academy Program Details” above (the “Services”). Consultant will have exclusive control over the manner and means of performing the Services, including the choice of date and time; however, Consultant will use best efforts to arrange for mutually convenient dates and times.  Consultant will provide, at Consultant’s own expense, a place of work and all equipment, tools and other materials necessary to complete the Services; however, to the extent necessary to facilitate performance of the Services (such as for corporate/enterprise clients with on-site programs), Client will make its equipment or facilities available to Consultant at Consultant’s request.

• Assigned Coach. This agreement is between Client and Consultant. The individual assigned to Client as the “Assigned Coach” in your welcome email shall deliver the Services on behalf of Consultant, but Consultant and Client understand and acknowledge that such individual’s actions and work shall be considered a part of the Services contemplated in this Agreement, and that all indemnities, releases, disclaimers, and other similar terms applicable to Consultant shall likewise extend and apply to Assigned Coach.

• Sessions. The Services will be provided either in person, by phone, or by video conferencing (each a “Session”) as predetermined in the coaching program details. To maximize the effectiveness of the Sessions, the Client agrees to be in a distraction-free environment where the Client is comfortable talking openly about personal and confidential issues. The Client will make every effort to make calls from a standard phone line (i.e. no mobile phones).

• Session Scheduling. The Sessions will be scheduled at mutually agreeable dates and times in advance. In the event Client desires to cancel or reschedule a Session, at least 24-hours of notice must be given to the Assigned Coach, otherwise such missed Session will be considered delivered to Client. If the Assigned Coach cancels or otherwise misses a Session (beyond the 20-minute allowable delay described above), then the Session will be rescheduled for a later date. At the scheduled appointment time for a Session, the Client will call Assigned Coach at the number included in the foregoing letter unless other arrangements have been made between Assigned Coach and Client.

• Compensation.  Client will pay Consultant the “Investment” described in the foregoing letter, with the first monthly installment due before Services commence, and payment due monthly thereafter in advance of that month’s Sessions. This Agreement shall serve as the invoice for such payments. Upon termination of this Agreement for any reason, Consultant will be paid Fees for all Services that have been completed, on a pro-rata basis. Client authorizes Consultant to charge the designated credit card or debit card, or deposit any checks, provided to Consultant by Client.

• Ownership of Methodology.  Consultant and its Assigned Coaches use proprietary methods, materials, and techniques to provide consulting services to clients. Any techniques, methods, ideas, concepts, processes, discoveries, developments, formulae, information, materials, improvements, designs, artwork, content, software programs, other copyrightable works, and any other work product created, conceived or developed by Consultant (whether alone or jointly with others) during or before the term of this Agreement, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights therein (the “Methodology”) shall remain the sole and exclusive property of Consultant. Client agrees not to use such Methodology without Consultant’s express written permission and agrees to keep the Methodology confidential. This obligation shall survive any termination or expiration of this Agreement.

• Non-Disclosure of Company Materials.   Material given to Client in the course of Client’s work with the Consultant is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited. Consultant’s program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. Client is not authorized to use any of Consultant’s intellectual property for Client's business purposes. All intellectual property, including Consultant’s copyrighted program and/or course materials, shall remain the sole property of the Consultant. No license to sell or distribute Consultant’s materials is granted or implied.  Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Consultant will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

• Representations and Warranties.  Consultant represents and warrants that: (a) the Services shall be performed in a professional manner and in accordance with the industry standards, and (b) Consultant will comply with all applicable federal, state, local and foreign laws governing self-employed entities and individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability, and other contributions.

• DISCLAIMER; RELEASE; INDEMNITY.  The Services are not intended to constitute specific medical, psychological, therapeutic, legal or financial advice or counseling, nor to be a substitute for advice from qualified medical, legal, or financial advisors. If Client desires services of a medical, psychological, legal, financial, therapeutic, or counseling nature, the Client is fully and solely responsible for making such determination and seeking such services from a qualified third-party provider.

1. CLIENT UNDERSTANDS THAT THE PERSON ULTIMATELY RESPONSIBLE FOR CREATING CHANGE AND TRANSFORMATION IS THE CLIENT; CONSULTANT/ ASSIGNED COACH ARE ONLY GUIDES IN THE PROCESS. CLIENT ALSO EXPRESSLY UNDERSTAND AND AGREES THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, CLIENT’S USE OF THE SERVICES, INCLUDING THE METHODOLOGY, IS AT CLIENT’S SOLE RISK, AND THE SERVICES, INCLUDING THE METHODOLOGY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CONSULTANT AND ITS ASSIGNED COACHES, CONTRACTORS, AFFILIATES, PARTNERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “CONSULTANT PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE SERVICES AND METHODOLOGY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABIILTY, FITNESS FOR A PARTICULAR PURPOSE, EARNINGS CLAIMS AND RESULTS GUARANTEES. CLIENT AGREES THAT IN NO EVENT SHALL ANY OF THE CONSULTANT PARTIES BE LIABLE FOR AND RELEASES THEM FROM ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR INJURIES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF PROFITS OR OTHER LOSSES OF A SPECULATIVE NATURE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
2. Except to the extent arising from the gross negligence or intentional willful misconduct of the Consultant Parties, Client hereby agrees that the foregoing release shall bind Client’s family members, heirs and legal representatives, and that neither they nor Client shall make a claim or file a lawsuit against the Consultant Parties for any accidents, injuries, death, and/or property damage, resulting from the Services including, but not limited to, any claim for injury, death or property damage arising from or related to the negligence or other acts or omissions of the Consultant Parties.
3. Client is aware of California Civil Code § 1542, and hereby waives any rights thereunder, which reads:
4. “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
5. Client agrees to defend, indemnify and hold harmless the Consultant Parties against all claims, demands, and causes of action, including court costs and attorney fees, directly or indirectly arising from any action, claim or other proceeding brought by or prosecuted by/for Client arising from Client’s use of the Services or any violation by Client of this Agreement, extending to all claims of every kind and nature whatsoever, whether known or unknown. The disclaimers, releases, and indemnities contained in this Section 8 or elsewhere in this Agreement shall survive any termination or expiration of this Agreement.

• Independent Contractor Relationship.  Consultant’s relationship with Client is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship between Client and any of Consultant’s coaches, employees or agents. Because Consultant is an independent contractor, Client will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on behalf of Consultant. Consultant is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of Services and receipt of Fees under this Agreement.

• Confidential Information of Client.  Consultant agrees that during the term of this Agreement and thereafter Consultant and its Assigned Coaches will not use, disclose, publicize, or actively permit the use of Client’s confidential information or the terms of this Agreement in any manner or for any purpose not expressly set forth in this Agreement without the written consent of Client. Confidential information includes the personal information, goals and financial information of Client disclosed during the Sessions. It also includes the fact that the Client is receiving the Services. Confidential information does not include information that (a) is or becomes a part of the public domain through no act or omission of Consultant, (b) is disclosed to Consultant by a third party without restrictions on disclosure, (c) was in Consultant’s lawful possession prior to the disclosure and was not obtained by Consultant either directly or indirectly from Client, or (d) is disclosed due to the negligence, criminal act, or willful misconduct of a third party. In addition, this section will not be construed to prohibit disclosure of confidential information to the extent that such disclosure is required by law or valid order of a court or other governmental authority. This obligation shall survive any termination or expiration of this Agreement.

• Confidential Information of Consultant.  Client agrees that during the term of this Agreement and thereafter Client will not use, disclose, publicize, or permit the use of Consultant’s confidential information or the Methodology or the terms of this Agreement in any manner or for any purpose not expressly set forth in this Agreement without the written consent of Consultant. Confidential information includes the Methodology used during the Sessions. Confidential information does not include information that (a) is or becomes a part of the public domain through no act or omission of Client, (b) is disclosed to Client by a third party without restrictions on disclosure, (c) was in Client’s lawful possession prior to the disclosure and was not obtained by Client either directly or indirectly from Consultant, or (d) is disclosed due to the negligence, criminal act, or willful misconduct of a third party. In addition, this section will not be construed to prohibit disclosure of confidential information to the extent that such disclosure is required by law or valid order of a court or other governmental authority. This obligation shall survive any termination or expiration of this Agreement.

• Term and Termination.  The initial term of this Agreement is for term stated in the description of the Services, unless earlier terminated as provided in this Agreement, or extended in writing by mutual consent. Client may terminate this Agreement with or without cause within the first month (30 days) by written notice to Consultant. Consultant may terminate this Agreement with or without cause, at any time upon 14 days’ prior written notice to Client. Fees for any Services paid in for in the first month but not yet rendered at the time of termination will be pro-rated and refunded.

• Notices.  Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated:  (a) by personal delivery when delivered personally; (b) by overnight courier upon written verification of receipt; (c) by e-mail or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt.  Notices shall be sent to the addresses set forth herein or such other address as either party may specify in writing.

• Governing Law.  This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.

• Dispute Resolution. Client and Consultant agree that all disputes arising out of or relating to this Agreement shall first be mediated by a neutral third party professional mediator, with the mediation costs to be divided equally between the parties. If mediation fails to resolve the dispute, the dispute shall be determined by final and binding arbitration by and under the rules of the American Arbitration Association in Los Angeles, California. The arbitrator shall award the prevailing party costs and reasonable attorneys’ fees.

• Severability.  Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

• Entire Agreement.  This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.  The terms of this Agreement will govern all services undertaken by Consultant for Client. This Agreement may only be changed or amended by mutual agreement of the parties in writing. The Agreement may be executed in one or more counterparts, in handwriting or electronically, by e-mail or other electronic means, via delivery of solely the signature page or the entire Agreement, without the necessity of initialing or otherwise executing every page, each counterpart of which shall be deemed an original, and all of which shall be taken together and deemed to be one instrument.

[End of Terms of Service]