At Polymath, part of our commitment to providing the professional guidance you need to meet your financial objectives is making it easy for you to understand what you may be charged for our services.
LIMITATION OF LIABILITY
Your company recognizes that Polymath is being retained for advisory services. Polymath will not be held responsible for business decisions made by your company and/or the consequences thereof.
TERMS OF AGREEMENT
By purchasing the Accountant Bootcamp Mastermind (“Program”) from Polymath, LLC (“Company”), you (“Client” and collectively, the “Parties”) agree to the following terms of this Purchase Agreement (“Agreement)”:
The Company agrees to provide its Program, and the Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Company is not acting as an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
3. PROGRAM STRUCTURE.
The Company’s requests for Client’s participation in the Program are as follows:
*Please be on time to all appointments. If you will be late, notify the Company in advance. If you will miss an appointment, notify the Company at least 24 hours in advance. Group appointments will not be re-scheduled. Rescheduling of private session will be at the Company’s sole discretion.
*Be honest and participate fully. Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
*Make a commitment to the action plans you create, and do what you have agreed to do. The Client is responsible to be self-accountable.
*Understand that the power of the coaching relationship can only be granted by you, and you hereby commit to working to make this relationship powerful and effective. If you see that the coaching is not working as you desire, communicate openly, and take action to re-empower the relationship.
This Program is set for a number of months as stated in the Client's written agreement. The term of this agreement requires either a monthly payment that shall be automatically renewed each month without further action by either the Client or the Company, or annual payment for the entire program in advance. The Client understands that a relationship with the Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
Company is committed to providing all clients in the Program with a positive Program experience. By signing below, the Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program if it is determined that the Client is not a fit for the Program.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. If the Company initiates early termination of the agreement, a prorated refund of annual payment may be offered minus a 25% processing fee. No refunds will be offered on monthly agreements or contract termination initiated by the Client.
Company will hold calls over the web. It is Client’s responsibility to attend all calls with Company. If Client fails to attend calls, they will not be rescheduled.
Client also understands that any/all scheduled coaching calls and/or other benefits expire at the end of the Term of this Program and will not be carried-over.
Client acknowledges that all group calls will be recorded and given access to recordings to continue to listen to for personal growth whether Client actively participated in a call or not. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by Company, in which case Company will remove any confidential information about the Client.
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, Or otherwise, throughout the Term of this 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 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.
9. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
10. NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to the Client in the course of the Client’s work with the Company is proprietary, copyrighted and developed specifically for the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Company’s program is copyrighted and the original materials that have been provided to the Client are for the Client’s individual use only and are granted as a single-user license. The Client is not authorized to use any of the Company’s intellectual property for the Client’s business purposes without express permission from the Company. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.
Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Company, its employees, or agents. The Company shall not make any false, disparaging, or derogatory statements in public or private regarding the Client and its relationship with the Company.
The Client agrees to indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Client’s participation or action(s) under this Agreement. The Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by the Company, in writing.
13. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Ashland, Oregon. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other 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, including attorneys’ fees) 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.
14. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, regardless of the conflict of laws principles thereof.
15. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement is deemed signed and accepted by the Client with the Client’s electronic click to accept the terms of this Agreement and the Client’s purchase of the Program.
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.
The waiver or failure of the Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
20. FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, 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.
21. CHANGES TO THIS AGREEMENT.
The Company may revise these terms and will always post any updated or more recent versions on the Company website. By continuing to use or access the Program after any revisions come into effect, the Client agrees to be bound by the revisions.
22. CLIENT RESPONSIBILITY; NO GUARANTEES.
The Client accepts and agrees that the Client is 100% responsible for its progress and results from the Program. The Company will help and guide the Client; however, participation is the one vital element to the Program’s success that relies solely on the Client. The Company makes no representations, warranties or guarantees verbally or in writing regarding the Client’s performance. The Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, the Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach its goals as a result of participation in the Program and the Company’s comments about the outcome are expressions of opinion only. The Company makes no guarantee other than that the Services offered in this Program shall be provided to the Client in accordance with the terms of this Agreement.
We will undertake this engagement only if we can agree, to our mutual satisfaction, that the value we are creating is greater than the price of the Program. If you agree that the above adequately sets forth your understanding of our mutual responsibilities, please e-sign within five (5) days, or contact us if you have any questions or concerns.
We would like to take this opportunity to express our appreciation for the opportunity to work with you. Together we are making the world a better place, built on a foundaction of thriving small businesses.
Very truly yours,
The Polymath Team