Aircraft Broker Mentorship Terms and Conditions
The Coach and the Client enter an agreement pursuant to, and in accordance with, these terms and conditions and agree as follows:
1. Definitions
Unless the context requires otherwise and unless explicitly defined elsewhere in this Agreement, capitalised terms and expressions in this Agreement shall have the following meaning:
(a) “Agreement” means these terms and conditions together with the contents of the Application Form (upon submission by the Client);
(b) "Application Form” means the application form provided via https://www.aircraftbrokeracademy.com/offers/Lnovc9hf or otherwise by the Coach to the Client to apply for a Meeting;
(c) "Client” means any (natural or legal) person who has agreed to, and is therefore bound by, this Agreement;
(d) “Coach” means Alpha Bravo Aviation Services, Inc. D.B.A Aircraft Broker Academy, having its registered business address at 4851 Tamiami Trail North Suite 200 Naples, FL 34103, United States of America; and
(e) “Parties” means the Coach and the Client together, and “Party” means either of the Parties.
2. Engagement
Services
2.1 The Client hereby engages the Coach to provide the following coaching services to the Client on the terms and conditions set out in this Agreement:
(a) A total of 6 coaching meetings divided into 2 coaching meetings per month between the Coach and the Client via Zoom or through another form of communication determined by the Coach at the Coach’s sole discretion, with a maximum of 60 minutes (hereinafter referred to as; the (“Meeting(s)”);
(b) check-ins via Zoom or through another form of communication determined by the Coach at the Coach’s sole discretion, every other week starting after the first Meeting, to discuss any updates, changes on preferences (hereinafter referred to as; the “Check-Ins”);
(c) 1-on-1 coaching and mentorship to start an aircraft brokerage.
hereinafter referred to as; the “Services”.
Days & hours
2.2 The Services shall only be performed on Monday, Tuesday, Wednesday, Thursday and Friday from 9:00 EST until 16:00 EST, except for public holidays observed in the Coach’s country (hereinafter referred to as; the “Business Days”, which, for the avoidance of doubt, includes the specified hours). The Coach reserves the right to adjust the Business Days upon providing reasonable prior notice to the Client by email.
Not included
2.3 The Services do not include the following:
(a) any forms of communication other than as specified in clause 2.1 (unless determined otherwise by the Coach at the Coach’s sole discretion);
(b) any additional (virtual) meetings, calls, emails, texts or other forms of communication;
(c) any additional or ancillary information or materials;
(d) any results in relation to or outcomes from the Services; and/or
(e) any other services not explicitly defined as being the Services.
2.4 The Services shall not be performed during days and hours outside of the Business Days unless the Coach has explicitly agreed to such performance.
Work outside of the scope & Business Days
2.5 If, at the Client’s request, the Coach has performed:
(a) activities and/or services outside the scope of the Services;
(b) the Services and/or any other activities or services for more than the maximum number of minutes specified in clause 2.1(a); and/or
(c) the Services and/or any other activities or services outside of the Business Days,
the Coach is entitled to charge the Client for such activities or such services on the basis of an hourly fee of $400 USD The Coach is not obliged to honour such a request and may require that, for that purpose, a separate written agreement should be entered into.
Postponement
2.6 The Client realizes that adjustments and extra work (may) result in Meetings and/or other (delivery) periods and/or dates being postponed. Any new Meetings and/or other (delivery) periods and/or dates indicated by the Coach replace the previous Meetings and/or other (delivery) periods and/or dates.
Coaching strategies, methods, workbooks, questionnaires & other materials
2.7 Pursuant to or in connection with this Agreement or the Services, the Coach will share (access to) certain intellectual property with the Client, including, but not limited to, (coaching) strategies, (coaching) methods, workbooks, questionnaires, work, texts, writings, images, (graphic) designs, sketches, drawings, illustrations, models, characters, prototypes, (electronic) files, (carriers with) data, software, code, hardware, websites, training, testing, and examination materials, as well as other materials such as analyses, designs, reports, and documentation, including, but not limited to, preparatory materials for these materials. The intellectual property rights to such intellectual property are and shall remain vested in the Coach, its licensors or suppliers in accordance with clause 13.
3. Process
3.1 The performance of the Services shall commence on the date: (i) the Application Form has been submitted by the Client; and (ii) the payment of the Fee has been made in accordance with clause 5 (hereinafter referred to as; the “Commencement Date”).
3.2 Upon the Commencement Date and during the Term, the Client may schedule the Meetings though a scheduling system made available by the Coach.
3.3 For the avoidance of doubt, the Client is only entitled to the Services if the Coach has received full payment of the Fee in accordance with clause 5. The Coach is under no obligation to provide the Services to the Client if the full payment of the Fee has not taken place within the time frame provided in clause 5. Nor the submission of any information, documents, and/or other materials by the Client, nor the provision of any information, documents, and/or other materials by the Coach, nor any form of communication from or with the Coach guarantees the provision of Services by the Coach to the Client.
3.4 The Client must be available for 2 Meetings every month. When the Coach inquires the Client about the Client’s availability for a Meeting, the Client must provide its availability within 24 hours.
3.5 The Client is obliged to attend each Meeting. The Client may cancel a Meeting 12 hours prior to a Meeting at the latest. The Client is not entitled to a refund, an additional Meeting, or any other type of (monetary or other) compensation; neither is the Client entitled to reschedule the Meeting after the aforementioned cancellation period.
3.6 The Client is required to (at minimum) pay the Client’s (part of the) costs and expenses of each Meeting.
3.7 The Parties acknowledge that the success of the Services to be performed depends on the proper and timely cooperation of the Parties. The Client undertakes always to fully cooperate, within reason, and in time, and to provide the Coach with all authority and information necessary for the proper execution of the Services. All damages that arise because the Client has not delivered information, data, or other materials (on time), or the information, data, or other materials are incomplete, incorrect, and/or contain errors or defects, are at the expense and risk of the Client.
3.8 The Coach is completely independent in the execution of the Services. The Coach performs the Services at the Coach’s own discretion and without the supervision or guidance of the Client.
3.9 The Coach has the right to have third parties perform (part of) the Services for the risk and account of the Client, subject to the prior approval of the Client given by email and provided that the Coach shall remain responsible for the Services and proper execution of this Agreement.
4. Fee
4.1 As compensation for the Services, the Client pays the Coach a total payment equal to $2,490 USD (hereinafter referred to as; the “Fee”).
OR
As compensation for the Services, the Client pays the Coach a fee (hereinafter referred to as; the “Fee”) equal to $1,000 USD per month.
4.2 All amounts stated in this Agreement are exclusive of any sales or value-added taxes chargeable unless explicitly stated otherwise. If any sales or value-added taxes are chargeable, the Client shall pay to the Coach, in addition to the Fee, an amount equal to the amount of the applicable taxes.
5. Payment
5.1 The Fee must be paid immediately at the moment of submitting the Application Form.
OR
The Client pays the Fee in advance before the 1st day of each calendar month. The first payment must be made immediately at the moment of submitting the Application Form.
5.2 If any (other or additional) fees or costs are payable pursuant to this Agreement, the Coach will send an invoice setting out the fees and costs and, if applicable, the applicable taxes (or have it sent on the Coach’s behalf) to the Client, which invoice is payable by the Client within 3 calendar days upon receipt of that invoice by the Client from the Coach by email.
5.3 Any payments under this Agreement are made by Kajabi Payments, Stripe, PayPal, Klarna, Afterpay. The Coach carries any applicable transaction costs.
5.4 The Client authorizes the Coach to charge the credit card or account chosen by the Client to complete all payments under this Agreement, and the Client does not require separate authorization for each payment.
5.5 If the Client fails to tender full and/or timely payment of any payment owed to the Coach, including, but not limited to, the Fee, or if a payment is cancelled or charged back, the Coach reserves the right to suspend the Services and cancel any Meetings until the Client has paid any payment(s) due in full.
5.6 If the Client fails to tender full and/or timely payment of any payment owed to the Coach under this Agreement within 3 calendar days after the due date of that payment, the Coach reserves the right to charge a late payment fee equal to 5% of the total amount overdue, to accrue monthly until payment is received. Additionally, the Coach may charge [a standard fee for collection costs and any expenses incurred in connection with collecting the fee from the Client, including legal fees and collection costs.
6. Refund Policy
6.1 The Client waives and consents to the waiver of any and all rights to any applicable statutory “cooling-off period,” “withdrawal period,” or any other cancellation and/or refund rights under applicable law insofar as the refund policy in this clause 6 deviated from such rights. The Coach is under no obligation to grant the Client a refund.
6.2 If the Client cancels or terminates this Agreement less than 2 hours prior to the first Meeting or during or after the Meeting, the Client will not be refunded. If the Client cancels or terminates this Agreement 24 hours or more prior to the first Meeting, the Client will be refunded 100% of the Fee.
6.3 The Client may reschedule a Meeting by notifying the Coach up to 2 times. If the Client reschedules a Meeting 24 hours or more prior to a Meeting, the Coach will not charge the Client for rescheduling. If the Client reschedules a Meeting less than 2 hours prior to the Meeting, the Coach will charge the Client a fee equal to $100 USD for rescheduling, which rescheduling fee must be paid 24 hours prior to the rescheduled date of the Meeting, and if the Client fails to pay such rescheduling fee in full and on time, the Fee will be automatically cancelled, and the Client will not be refunded. The Client is not permitted to reschedule a Meeting less than 1 hours prior to the Meeting.
6.4 If the Client misses a Meeting, the Client will not be refunded.
6.5 If a refund is granted to the Client, an administration fee may be charged.
6.6 The Client is not entitled to a refund if the Client has breached any of the Client’s payment or other obligations under this Agreement.
7. Terms and Termination
7.1 This Agreement is effective as per the moment the Application Form has been submitted by the Client, and the Services shall commence on the Commencement Date.
7.2 The Client is not entitled to adjourn, interrupt, or postpone the Term.
7.3 This Agreement is entered into for a period of 3 months, ending at the end of the 3rd month (hereinafter referred to as; the “End Date”), on which End Date this Agreement terminates automatically, provided this Agreement is not earlier terminated in accordance with clause 11.2 or with this clause 7, hereinafter referred to as; the “Term”. [The Parties will, at the latest 1 week prior to the End Date, jointly decide on an extension of the Term with a mutually agreed upon period which must be agreed by email. If no extension of the Term is agreed upon by email between the Parties, this Agreement terminates automatically.
7.4 This Agreement may be terminated (prematurely) by the Client at any time during the Term, without reason, by giving notice with due observance of a notice period of at least 10 days. The notice of termination must be given to the Coach by email. For the avoidance of doubt, clause 6 applies.
7.5 Either Party will be entitled to terminate this Agreement by email to the other Party with immediate effect and thus without observing a notice period and without being liable or any compensation being due by either Party in the event the other Party:
(a) materially breaches any of its obligations under this Agreement and, in case the breach is remediable, the breach has not been remedied within a reasonable period after a notice of default has been given, which notice of default is given in accordance with clause 9.4 in case the Coach is the defaulting Party (a breach of the Client’s payment obligations or any obligations of the Client to cooperate and/or to provide information is considered a material breach under this Agreement);
(b) is guilty of fraud, acts contrary to the law and/or regulations, or behaves improperly on the basis of which the other Party cannot reasonably be expected to continue this Agreement;
(c) becomes subject to, or is involved in, any form of insolvency, bankruptcy, suspension of payments, agreement with creditors or is under administration; or
(d) is dissolved, shut down, wound up or liquidated, or deceased.
7.6 The Coach will be entitled to terminate this Agreement by email to the Client with immediate effect and thus without observing a notice period and without being liable or any compensation being due by the Coach, in the event:
(a) the Client has breached any of its obligations under clauses 3, 12, 13 or 14;
(b) any of the warranties under clause 8.1 is (partly) untrue or breached; or
(c) the Coach has not received any of the payments due and payable pursuant to this Agreement (in full and on time) in accordance with clause 5.
7.7 Without prejudice to the Coach’s rights to terminate this agreement, the Coach will be entitled to suspend performing its obligations pursuant to this Agreement with immediate effect, and thus without observing a notice period and without being liable or any compensation being due to the Client, in an event as described in clause 7.5(a), 7.6 or 11.2. The aforementioned suspension shall not adjourn, interrupt, or postpone the Term.
7.8 Upon termination of this Agreement, no compensation is due, except for: (i) the (prorated) Fee in line with clause 4 for the Services performed up to the termination date; and (ii) any additional fees and/or costs due and payable by the Client to the Coach pursuant to this Agreement, which amounts become immediately due and payable on the termination date, provided that no Party shall be relieved from liability for a breach prior to termination of this Agreement.
7.9 On the date of termination of this Agreement, the Coach will:
(a) cease to perform the Services; and
(b) make a final account in accordance with clause 7.8 and provide that account as an invoice to the Client. Clause 5 applies mutatis mutandis.
7.10 Clauses 12 up to and including 18 shall remain in effect after the termination of this Agreement.
8. Representations, Warranties & Disclaimers
8.1 The Client represents and warrants that during and throughout the Term, the Client:
(a) is at least 18 years of age;
(b) possesses the full legal capacity, power, and authority to enter into this Agreement;
(c) behaves in a respectful, safe, and kind manner, verbally, physically, and emotionally, towards the Coach or any third party that works with or for the Coach;
(d) will not show any aggressive or abusive behaviour toward the Coach or any third party that works with or for the Coach, and will not harass the Coach or any third party that works with or for the Coach;
(e) has no criminal background;
(f) is and will be respectful, honest, and genuine in whom the Client portrays the Client to be toward the Coach and any and all or any third parties that work with or for the Coach;
(g) only provides information and data to the Coach and or any third party that works with or for the Coach that is true, complete, accurate, current, and not misleading; and
(h) will provide an update to the Coach as soon as possible if any of the information or data provided to the Coach changes.
8.2 The Coach is not a (licensed) financial, tax or legal advisor. Any information, advice, opinions, or any other communication by the Coach does not constitute financial, tax or legal advice, treatment, support, or services. The Coach disclaims any responsibility and liability in this respect.
8.3 Although the Coach is a Certified Flight Instructor and Airframe and Powerplant Mechanic, the Coach is not the Client’s Flight Instructor or Mechanic All information provided during and in relation to the Services does not constitute any type of professional advice and is for informational and educational purposes only.
8.4 Participating in and/or using (any part of) the Services or any other information or materials by the Coach does not establish Flight Instructor-client relationship or any kind of professional relationship with the Client.
8.5 The description of the Services on the Coach’s website or anywhere else is intended to indicate only the general nature of the Services and does not guarantee the content of the Services or the information provided to the Client. The Coach reserves the right to amend, change, alter or modify the content of the Services and the information provided to the Client at the Coach’s sole discretion.
8.6 The Services are facilitated through the platforms and tools chosen by the Coach at the Coach’s sole discretion. It is the Client’s responsibility to ensure that the Client has proper technology, hardware and software, along with access to Wi-Fi, to be able to participate in and/or use (any part of) the Services or any other information or materials by the Coach.
8.7 The Coach cannot represent, warrant, or guarantee that the Services performed will be free from errors or omissions.
8.8 The Coach only performs the Services on the basis of a best-efforts obligation. The Coach is not responsible for: (i) the effectiveness of the Services; (ii) any results in relation to or outcomes from the Services; or (iii) any decisions made by the Client or any other third party based on the Services provided and/or any results in relation to or outcomes from the Services. The Coach cannot represent, warrant, or guarantee the effectiveness of the Services or the results in relation to or outcomes from the Services. The Coach’s comments about the effectiveness of the Services and/or result(s) and/or outcome(s) are expressions of opinion only.
8.9 The Client acknowledges that the Coach cannot make any such representations, warranties, or guarantees mentioned in clauses 8.2 through 8.8 and that the Client cannot hold the Coach liable in relation to those matters.
9. Limitation of Liability
9.1 Without prejudice to clause 9.6, the Coach shall not be liable for any loss, damage, or costs incurred or suffered by the Client as a result of any act or omission under this Agreement, failure in the performance of its obligations under this Agreement, or otherwise, unless (and to the extent that) the competent court or tribunal has irrevocably ruled that any damages or costs are attributable to intentional acts or omissions and such tribunal or court decision is not (or no longer) subject to appeal, in which case the exclusions and limitations referred to in clauses 9.2 up to and including 9.5 apply.
9.2 Subject to clause 9.1, the Coach is not liable for indirect damages, consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of third parties, loss arising from the use of goods, or materials of third parties prescribed by the Client to the Coach and any damages or loss arising from contracting suppliers the Client has recommended.
9.3 Subject to clause 9.1, unless performance by the Coach is permanently impossible, the Coach is exclusively liable for an imputable failure in the performance of this Agreement if the Client promptly serves the Coach with a notice of default by email, granting the Coach a reasonable period of time to remedy the breach, and the Coach should still imputably fail to meet the Coach’s obligations after that reasonable term has passed. The notice of default must describe the Coach’s failure as comprehensively and in as much detail as possible so that the Coach has the opportunity to respond adequately.
9.4 Subject to clause 9.1, the right to compensation of damages exclusively arises if the Client reports the damage to the Coach by email as soon as possible after the damage has occurred and not later than within fourteen days of the Client having become so aware. Failure to notify the Coach of the damage within such period shall not affect the rights of the Client except to the extent the Coach demonstrates that the damages have increased or could have been avoided or mitigated as a result thereof, in which case the Coach shall be relieved of liability with respect to such additional damages. A claim expires if, within six months after the discovery of the event giving rise to the claim or that could give rise to a claim, the Coach has not been notified thereof by email.
9.5 Nothing in this clause 9 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence, or any (other) liabilities that cannot be limited under applicable law. Failure by the Coach to inform the Client timely regarding matters relating to the execution of this Agreement will not constitute grounds for assuming wilful misconduct and/or gross negligence on the part of the Coach.
10. Third-Party Indemnity
10.1 The Client agrees to indemnify and hold the Coach and/or anyone else working with or for the Coach harmless from all damages, losses, claims (including, but not limited to, third-party claims), actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys' fees assessed against or otherwise incurred by the Coach arising, in whole or in part, from:
(a) actions and/or omissions, whether done negligently or otherwise, by the Client;
(b) any and all actions and use of the information or material provided during or in relation to the Services by the Client;
(c) violation of any laws, regulations, rules, or ordinances by the Client;
(d) violation of any provisions of this Agreement by the Client or anyone related to the Client; and/or
(e) infringement by the Client of any intellectual property rights or other third-party rights.
10.2 The Coach will notify the Client as soon as reasonably possible of any such claims, damage, and/or liability. The Coach reserves the right to defend such claim, damage, and/or liability at the Client’s expense. If requested, the Client will fully cooperate and provide assistance to the Coach to defend any such claims without any cost.
11. Force Majeure
11.1 Neither Party is obliged to meet any obligation, including, but not limited to, any statutory and/or guarantee obligation (if any) if it is prevented from doing so by circumstances beyond its control. Circumstances beyond the Coach’s control include, but are not limited to, the following circumstances or circumstances similar to: (i) acts of God, riots, terrorism or war that affect the Coach; (ii) defects in goods, hardware, software or materials that the Coach uses for the performance of the Services; (iii) changes in applicable laws and/or regulations; (iv) measures by public authorities or decisions of courts or tribunals; (v) power failures; (vi) failures of the internet, data network, telecommunication facilities or interruptions by service providers; and (vii) (cyber) crime or (cyber) vandalism.
11.2 If a circumstance as described in clause 11.1 lasts for more than sixty calendar days, either Party shall be entitled to terminate this Agreement by email to the other Party with immediate effect and thus without observing a notice period and without being liable or any compensation being due.
12. Non-disparagement and Prohibited Behaviour
12.1 The Client agrees not to disparage the Coach’s brand, products, services or persons working for or employed by the Coach.
12.2 The Client agrees that the Client will not make any unsubstantiated claims that will ruin the business reputation of the Coach.
12.3 The Client will not behave or use any information or materials in relation to the Services, the Coach, and/or this Agreement in any way that:
(a) is illegal, infringes or violates the rights of anyone;
(b) is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
(c) disparages or discredits the Coach;
(d) encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
(e) is likely to cause confusion among third parties;
(f) portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
(g) portrays or insinuates any special relationship between the Parties.
12.4 The Client will not misrepresent or embellish the Client’s relationship with the Coach (including, but not limited to, by expressing or implying that the Coach supports, sponsors, or endorses the Client) or express or imply any other type of relationship between the Parties except as expressly permitted by this Agreement or agreed by email or written agreement between the Parties.
13. Intellectual Property
13.1 This Agreement does not give the Client any ownership rights, intellectual property rights, license or interest in any of the information or materials provided or made available to the Client by or on behalf of the Coach.
13.2 Any intellectual property rights remain exclusively vested in the Coach, its licensors, or its suppliers. The Coach shall not be obliged to assign or license to the Client any intellectual property rights pursuant to this Agreement. The Client shall not acquire nor claim any right to, title to, or interest in or to such intellectual property rights by reason of this Agreement, and nothing in this Agreement shall be construed as constituting such right, title, or interest. The Client shall not at any time do anything to impair the rights of the Coach to its intellectual property rights.
13.3 The Client acknowledges and agrees that the Client is not permitted to:
(a) share, edit, modify, copy, reproduce, enhance, reverse engineer, (re)distribute, transfer, transmit, sell, resell or in any way exploit (any information provided during or in relation to) any intellectual property included in or related to the Services, provided that the Client is allowed to edit and modify the materials provided by the Coach for personal use, and provided that such modifications do not lead to the unauthorized distribution or resale of such materials without the express consent of the Coach given by email;
(b) collect or use descriptions or prices of the Services; or
(c) make any derivative use or create derivative works of (any information provided during or in relation to) or any intellectual property included in or related to the Services,
whether free or paid, without the express consent of the Coach given by email.
13.4 The Client shall not use the Services to coach or provide other services to any third party or publish on any platform any information, materials, methods, solutions, or formulae contained in or derived from the Services and/or the Coach.
13.5 The Client provides the Coach with a non-revocable, royalty-free, non-exclusive license to use the Client’s personal name and any materials, content and information created and/or provided by the Client in relation to the Services and/or the Coach in any public communication and any communication purposes with third parties, including, but not limited to, for the purpose of marketing, advertising, and promotion.
14. Confidentiality
14.1 Subject to clause 14.2, the Parties shall treat as strictly confidential and not disclose or use for other purposes for which it is provided: (i) any information relating to this Agreement or any ancillary matter, including, but not limited to, any remuneration or other payments under this Agreement; (ii) any confidential or proprietary information relating to either Party and its business operations; (iii) any other information received from the other Party of which information the receiving Party knows or should reasonably know it is confidential; and (iv) any information that is designated by a Party as being confidential. The Party that receives the confidential information may only use it for the purpose for which it has been provided.
14.2 The restrictions contained in clause 14.1 shall not apply if and to the extent:
(a) disclosure is required by any law or by a court or tribunal;
(b) disclosure is required by any regulatory or governmental body;
(c) disclosure is necessary to enforce this Agreement; or
(d) the information has come into the public domain through no fault of the relevant Party.
14.3 Access to and use of the information as described in clause 14.1 shall be limited to the employees, advisors, and consultants of each Party as much as reasonably required, provided that such employees, advisors, and consultants shall be advised of the contents and the confidential nature of this information and shall be instructed to take all necessary and reasonable precautions to prevent the unauthorized use or disclosure thereof.
14.4 In the event of a disclosure of information pursuant to clause 14.2, the Parties shall consult with each other (to the extent permitted by applicable laws or regulations) as to the contents, form, and timing of the disclosure to be made.
15. Personal Data
The Coach only uses the Client’s personal data for the purposes set out in this Agreement. The Coach will ensure it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. For more information on how the Client’s personal data is used and stored by the Coach, please refer to the Coach’s privacy policy which can be found here: https://www.aircraftbrokeracademy.com/privacy-policy
16. Communication
16.1 Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with this Agreement or the Services must be sent by email in English to the following email addresses set out for each of the Parties below:
(a) to the Coach: [email protected]
(b) to the Client: the contact information provided by the Client in the Application Form
or such other email address as a Party may notify the other Party by email.
16.2 Unless another means of communication is explicitly provided for in this Agreement, the Client shall not use any other means of communication, such as text messages, direct messages on social media platforms, (registered) postal mail, or phone calls, to communicate with the Coach unless the Coach has explicitly agreed to such other means of communication.
16.3 This Agreement may expressly state that certain communications may be conducted through other specified means of communication. Such specified means of communication shall only be used for the purposes designated by this Agreement.
16.4 The Coach shall endeavour to respond to emails within 48 hours on Business Days, which is a target and not a guaranteed service level. The Coach shall not be liable for failure to respond to emails within the aforementioned timeframe or the consequences arising therefrom, and any such failure shall not constitute a breach of this Agreement.
17. Miscellaneous
17.1 This Agreement constitutes an electronic contract between the Parties with the full force and effect of a handwritten signature. The Parties enter into this Agreement by submission of the Application Form by the Client by way of clicking on the “Complete My Purchase” button on the Application Form.
17.2 Neither Party is entitled to assign any of its rights or transfer any of its obligations under this Agreement unless agreed between the Parties by written agreement.
17.3 This Agreement, together with any other documents incorporated herein by reference and related exhibits and schedules, constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written (which includes email) and oral, with respect to such subject matter.
17.4 No amendments, changes, modifications, or alterations of the terms and conditions of this Agreement shall be binding upon the Parties unless agreed between the Parties by written agreement.
17.5 If individual provisions in this Agreement are or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The Parties undertake to immediately replace any invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the original intention of the Parties.
18. Governing Law and Arbitration
18.1 This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by the laws of Florida, United States of America.
18.2 All disputes arising in connection with this Agreement, the Services, or further agreements resulting therefrom, shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Naples, Florida, United States of America. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published.