User Agreement for Higher Powered Coaching’s 10 Week Transformational Program
10 Weeks
IMPORTANT: READ THIS CAREFULLY BEFORE ACCESSING OR USING THE HIGHER POWERED INC’s COACHING MATERIAL SPROPRIETARY MATERIALS, WHICH INCLUDES ANY AUDIO AND/OR VISUAL PRESENTATIONS, AND/OR PROGRAMS ASSOCIATED WITH HIGHER POWERED COACHING INC. BY ACCESSING OR USING THE PROGRAM, YOU ACKNOWLEDGE THAT:

A. YOU HAVE READ THIS AGREEMENT,

B. YOU UNDERSTAND IT, AND

C. YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.

IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE

DO NOT ACCESS OR USE ANY OF HIGHER POWERED COACHING INC’s PROPRIETARY MATERIALS,

INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR

PROGRAMS ASSOCIATED WITH

HIGHER POWERED COACHING INC, AND CONTACT US IMMEDIATELY AT

[email protected]

This Agreement (the “Agreement”) is entered into on The day of accepting these tersm and consditions. (“Effective

Date”) by and between HIGHER POWERED COACHING INC (“HIGHER POWERED COACHING
INC”), and CLIENT____YOU__________________________________________________________________ . located at

(“YOU” or “YOUR” )
(collectively the “Parties” and individually “Party”).

WHEREAS, HIGHER POWERED COACHING INC is engaged in the business of teaching mindset, sales and communication techniques intended to help individuals grow their lives and business.

WHEREAS, YOU desire to engage HIGHER POWERED COACHING INC to provide coaching services to YOU in the form of one on one sessions, audio and/or visual presentations and PDF homework.

NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

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SECTION 1: Membership and Program Fees
1.1. Program. Under the terms of this Agreement, HIGHER POWERED COACHING INC agrees to

provide coaching services to YOU in the form of webinars, audio and/or visual presentations (the “Program”), in exchange for a fee (the “Program Fee”), which will be determined according to Paragraph 1.2 below. Your access to the Program is conditional on HIGHER POWERED COACHING INC receipt of the Program Fee.

1.1.1. Term. This agreement will commence upon YOUR acceptance of this Agreement and payment of the Program Fee. YOU agree and understand that upon commencement of this Agreement, you will become enrolled in the Program, which is a 10 Week COMMITMENT either YOU or HIGHER POWERED COACHING INC terminates this Agreement.

HIGHER POWERED COACHING INC may immediately terminate this Agreement at any time in its discretion upon written notice to YOU, which may be sent via email. Notwithstanding anything to the contrary herein or otherwise, the provisions of this Agreement concerning indemnification, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability shall

survive the termination of this Agreement.

1.1.3. The 12-week transformational coaching program, With the weekly commitment YOU are entitled to the following.
1. 3 ONE 1:1 coaching calls every week. Coaching call will have a duration of a maximum of 90 minutes.

2. Access to all of Audio, Video, and workbook content

3. 24 Group Coaching Calls done via Zoom

5. Coach agrees to facilitate, and Clients agrees to follow coaching plan.

6. Coach agrees to spend appropriate amount of time in preparation for meetings with Client.

7. Client understands that the results of any coaching will depend on his ability to take action and to follow the coaching plan to the best of his/her abilities, communicate clearly with the Coach, and to take responsibility for the results achieved and the Coach can only facilitate. The responsibility for making the process work is the Client’s alone as no one else can do it for

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1.2. Program Fee. By entering into this Agreement, YOU agree and understand that you are committing to pay HIGHER POWERED COACHING INC for continued monthly access to Coaching e calls for 10 consecutive weeks or HIGHER POWERED COACHING INC terminates this Agreement.

A Fee of $4995.95 plus taxes for a period of 12 weeks which includes 2 weekly 90 minute group coaching calls done by Zoom. Access to client portal with all video, audio and pdf materials.

1.3 No Refunds. HIGHER POWERED COACHING INC abides by a strict no-refund policy. By entering into this Agreement, YOU agree and understand that you are permanently waiving the right seek or claim any refund of the Program Fee. YOU further acknowledge, represent, warrant and agree that, by entering into this Agreement, YOU are taking full responsibility for YOUR own success and therefore YOU will
not request a refund.
SECTION 2: INDEMNIFICATION AND NO WARRANTIES

2.1. Success not Guaranteed. By entering into this Agreement, YOU agree and understand that HIGHER POWERED COACHING INC is only granting YOU access to the Program, which includes 10 weekly calls done by zoom for a maximum of 90 minutes. intended to help YOU grow YOUR life and business. HIGHER POWERED COACHING INC guarantees no specific results. YOU take full responsibility for YOUR own success. YOU acknowledge that everyone's success is different and depends on numerous factors, including, but not limited to, YOUR own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of YOUR own earnings or success, and YOU should not rely upon them in any manner whatsoever. In other words, YOU are completely and totally responsible for YOUR own success.

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2.2. Disclaimer of All Warranties. HIGHER POWERED COACHING INC HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.THE PROGRAM, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS IS,” WITHOUT ANYTYPE OF WARRANTY WHATSOEVER.

2.3. Limited Liability. In no event will HIGHER POWERED COACHING INC be liable to YOU or any party related to YOU for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if HIGHER POWERED COACHING INC has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

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2.4. Indemnification. YOU will, at YOUR own expense, defend, indemnify, and hold HIGHER POWERED COACHING INC, its officers, members, managers, agents, attorneys and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with YOU being granted access to the Program and/or HIGHER POWERED COACHING INC provision of any service.

SECTION 3: Confidentiality

3.1. Confidentiality. Subject to the terms and conditions herein, only YOU are being granted access to the Program, and during the Program you will be exposed to HIGHER POWERED COACHING INC proprietary and/or confidential information (collectively “Confidential Information”). Unless specifically and expressly authorized by this Agreement, YOU shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of HIGHER POWERED COACHING INC Confidential Information, including, but not limited to, materials (whether in electronic form or made available to YOU in private social media

groups, or otherwise), documentation, techniques, formulas, methods, processes, algorithms, code, software, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials. YOU warrant, represent, and agree to

(i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as YOU use to avoid unauthorized use, disclosure, or dissemination of YOUR own confidential information of a similar nature, but not less than reasonable care; and

(ii) not use the Confidential Information for any purpose
whatsoever except as expressly contemplated under this Agreement. HIGHER POWERED COACHING INC (or its licensor) shall at all times retain all rights, ownership, title, and interest in any Confidential Information.

3.2 Intellectual Property. YOU acknowledge that any and all intellectual property, including
-- but not limited to, Confidential Information, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program and/or Sales System (collectively the “Intellectual Property”) -- is the sole intellectual property of HIGHER POWERED COACHING INC. YOU further acknowledge and agree that, as between YOU and HIGHER POWERED COACHING INC and its third-party licensors own and shall continue to own all right, title, and interest in and to the Intellectual Property. Except for the limited, revocable license expressly granted to YOU herein, this Agreement does not grant YOU any ownership or other right or interest in or to any Intellectual Property or any intellectual property rights of HIGHER POWERED COACHING INC, whether by implication, estoppel, or otherwise. Any and all trademarks or
service marks that HIGHER POWERED COACHING INC uses in connection with services rendered by HIGHER POWERED COACHING INC are marks owned by HIGHER POWERED COACHING INC.

This Agreement does not grant YOU any right, license, or interest in such marks or Intellectual Property, and YOU shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto.

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SECTION 4: Miscellaneous
4.1. Non-transferability. The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.

4.2. Indemnification. YOU will, at your own expense, defend, indemnify, and hold HIGHER POWERED COACHING INC, its agents, attorneys and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with this Agreement and/or YOUR access or participation in the Program.

4.3. Integration. This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and HIGHER POWERED COACHING INC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, promise or understanding relating to the Program, whether oral or written. YOU represent, warrant and agree that YOU are not relying upon any prior proposal, sales call, representation, promise or understanding relating to the Program, whether oral or written.

4.4. Modification. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and is modifiable only by a duly signed written instrument.; however, HIGHER POWERED COACHING INC reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at joealvarezcoaching.com

4.5. Waiver; Binding Effect; Counterparts. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of HIGHER POWERED COACHING INC, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure of HIGHER POWERED COACHING INC to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorized to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the Parties and their heirs, legal representatives, successors, and assigns. The Parties further agree that this Agreement may be executed in any number of counterparts, all the counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed an original. Facsimile and pdf copies of signatures shall serve as originals.

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4.6. Governing Law and Jurisdiction. This Agreement and any disputes relating to this Agreement shall be governed and construed in accordance with the laws of the Canada and the province of Saskatchewan, without regard for its conflicts of laws principles. Jurisdiction and Venue for any dispute concerning, involving, or in any way related to this Agreement shall lie exclusively in the national and provincial courts of the province of Saskatchewan, located in the Canada. The Parties expressly waive any objection to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such courts in any action or proceeding. However, this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable in every province and worldwide.

4.7. Remedies. In the event of a breach or threatened breach by YOU of any of the provisions of this Agreement, YOU hereby consent and agree that HIGHER POWERED COACHING INC shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other

available forms of relief.

4.8. Enforceability; Severability; Construction. The invalidity of any portion of this Agreement whether declared invalid by a court or otherwise shall not affect the validity of the remainder of the Agreement. If a court of competent jurisdiction should find the provisions of any provision of this Agreement to be invalid, illegal, or unenforceable to any extent, the remainder of this

Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.

4.9. Attorneys’ Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).