SCALE: The Organic Sales Engine that Fuels Millions AGREEMENT, WAIVER, AND RELEASE OF LIABILITY
As additional consideration for receiving business coaching and other services from JUDY WEBER/JUDY WEBER LLC (the “Company”), I, the client, voluntarily enter into this SCALE: The Organic Sales Engine that Fuels Millions ("SCALE INTENSIVE") Agreement and Waiver and Release of Liability (“Agreement”) with the Company and with JUDY WEBER/JUDY WEBER LLC.
1. Office hours. All communication, including but not limited to calls, conferences, texts, and meetings will be Monday through Friday, between the hours of 9 AM to 5 PM; Eastern Standard time. No texts, calls, or communication is to be expected or guaranteed outside of these times. We may occasionally communicate with you outside of these times if we
believe we are adding value to you.
2. Assumption of Risks: I understand that participating in this SCALE INTENSIVE 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 coaching (including risks that cannot be foreseen at this time). I take full responsibility for my business’ health, my personal health and wellbeing, my actions and decisions, and my personal care during my SCALE INTENSIVE engagement and thereafter.
3. No Guaranteed Outcomes: I understand that SCALE INTENSIVE outcomes are subjective and can vary greatly depending upon individual circumstances and individual effort invested in the SCALE INTENSIVE process. Joining the SCALE INTENSIVE 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 SCALE INTENSIVE will be effective or will result in any particular outcome. I agree that I will not hold the Company or JUDY WEBER responsible, in whole or in part, for any result that I do or do not achieve.
4. Right to reschedule. I acknowledge that Company and JUDY WEBER have the full right to reschedule any previously scheduled events due to circumstances outside of their control,
including COVID-related restrictions, or acts of God. No refunds will be given for any rescheduling or delays.
5. 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, JUDY WEBER in her individual capacity, and each of the Company’s principals,shareholders, officers, directors, employees, agents, successors, beneficiaries, and assigns (collectively, “Judy Weber LLC”) from and against any and all claims, demands, losses, liabilities, damages, and causes 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 the SCALE INTENSIVE or any other 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 judgment, 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”).
6. 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 Judy Weber LLC or JUDY WEBER based upon any Released Claim, and (ii) I will indemnify, defend and hold harmless Judy Weber LLC and JUDY WEBER and each of them from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of my obligations under this Agreement.
7. Confidentiality and Non-Disclosure Agreement: I agree to preserve the sanctity, safety and confidentiality of any group coaching, any ideas, intellectual property or statements shared by other members, any processes in which I participate by maintaining the confidentiality of all information communicated by other SCALE INTENSIVE clients during group sessions. I agree not to disclose any zoom links, teleconference bridge numbers or other access information to any third party.
8. Intellectual Property: To honor and protect the Company’s intellectual property, I agree not to disclose, reproduce or distribute the SCALE INTENSIVE’s written materials, techniques, or methods to any third party without JUDY WEBER's prior written consent. I understand that the Company’s written and recorded materials are protected by United States 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, Cancellation, and Refund Policy: I understand that are NO REFUNDS within the SCALE INTENSIVE.
10. Dispute Resolution: Limitation of Liability. In the unlikely event of a dispute arising from or relating to the SCALE INTENSIVE 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 anyone associated with Judy Weber LLC is found liable for any loss or damage, then to the fullest extent permitted by law, the aggregate collective liability of Judy Weber LLC shall be limited to a refund of amount paid to the Company for services under this Agreement.
11. Miscellaneous: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania 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 shall be construed and enforced as if such provision had never comprised a part of 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 Judy Weber LLC 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 a writing signed by both parties. This Agreement may be executed by an electronic, jpeg, PDF, facsimile, or other digital methods of signature, and all such methods of signature shall be fully binding.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS