1. 1 You are engaging Ashok Vohra, hereinafter referred as ‘Me’ and ‘I’ as a success and business coach to provide coaching services (Services) to you/ your business on the terms of this agreement.
1.2 The term ‘coaching’ as here used covers life coaching, personal coaching, executive coaching, and business coaching for clients.
1.3 Since I only provide coaching to business(es) and to individual(s) in the context of their business or profession, Consumer Protection Act does not apply to this agreement.
1.4 All coaching services and communication, email or otherwise, delivered by myself, Ashok Vohra, as well as information on this website (ashokvohra.com) are meant to help you identify the areas in your business/profession and in your thinking that may be preventing your business/profession from moving forward.
2.1 Upon execution of this Agreement, electronically, verbally, or otherwise, the Firm agrees to render services related to business/profession by means of seminar, consulting, coaching, and/or business-coaching (the “Program”).
2.2 Your coaching session will be a mix of online sessions, in person meets as well as a class session, depending on the program you have enrolled into. These sessions will be designed based on the progress you have made in the duration of your service for the purpose of getting coached.
2.3 Parties agree that the Program is coaching and education.
2.4 The scope of services rendered by the Firm pursuant to this Contract shall solely be limited to those contained therein and provided for on Firm’s website as part of the Program.
2.5 Firm reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
3.1 Client agrees to pay fees to the Firm according to the payment schedule set forth on Firm’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
4.1 Upon execution of this agreement, Client shall be responsible for the full extent of the Fee specified during the enrolment of the program. If the Client fails to attend the Programme or any Session, including in-person Intensive sessions, for any reason whatsoever, Client will not be entitled to receive a refund either a full or partial, whatsoever.
5. No resale of services permitted
5.1 Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.
5.2 This agreement is not transferrable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.
6. No transfer of Intellectual Property
6.1 Firm’s copyright and original materials shall be provided to the Client for his/her individual use only and with a single-user, non- transferable, revocable license.
6.2 Client agrees that he/she will not use any of the Firm’s intellectual property, including without limitation the Firm’s copyright and original materials, for Client’s business purposes.
6.3 Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Firm electronically or otherwise without the prior written consent of the Firm.
6.4 All intellectual property, including Firm’s copyright course materials, shall remain the sole property of the Firm.
6.5 No license to sell or distribute Firm’s materials is granted or implied by the enrolment or by the payment of any fees.
7. Limitation of liability
7.1 By enrolling in the Program and using Firm’s services, Client releases Firm’s, its officers, employees, directors, affiliates, and related entities from any and all damages that may result from the provision of the services to the Client.
7.2 The Program is an educational/coaching service only.
7.3 Client agrees that he/she accepts all risks, foreseeable or un-foreseeable, arising from such services.
7.4 In any event, if Firm is found to be liable, Firm’s liability to Client or to any third party is limited to the lesser of the total fees Client paid to Firm one month prior to the action giving rise to the liability.
7.5 All claims against Firm must be lodged within 30 calendar days of the date of the cause of action arising or otherwise the right of action is forfeited.
7.6 Client agrees that Firm will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Firm’s services or enrolment in the Program.
7.7 Client agrees that he/she uses Firm’s services at Client’s own risk.
8. Disclaimer of guarantee
8.1 Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program.
8.2 Client accepts and agrees that the Firm cannot control the Client’s responses to the provision of the services under this Agreement.
8.3 Firm makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
8.4 Firm and its affiliates disclaim, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.
8.5 Firm makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same or similar results.
9. Course rules
9.1 To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, always, courteously and respectfully.
9.2 Client agrees to abide by any Course rules and/or regulations presented by Company.
9.3 The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.
9.4 In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
10. Use of course materials
10.1 Client consents to recordings being made of courses and the Program.
10.2 Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Firm, without compensation to the Client.
10.3 Client consents to his/her name, voice, and likeness being used by Firm for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client or need for further agreement by Client.
11. No substitute of medical treatment
11.1 Client agrees to be mindful of his/her own health and wellbeing during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
11.2 Firm does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.
11.3 Firm is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
12.1 If Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.
12.2 Firm shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.
12.3 If Client is in arrears of payments to Firm, Client shall not be permitted to use or receive any of Firm’s services or to participate in any Program.
13.1 The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.
13.2 Firm agrees not to disclose, reveal, or make use of any Confidential Information of Client, during discussion with Client, the coaching session with Firm, or otherwise, without the written consent of Client.
13.3 Firm shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
13.4 Client Confidential Information shall not include material created by Client on internet social media (including, but not limited to, Facebook, LinkedIn, Twitter, and Instagram), where such material on social media mentions Firm, services provided by Firm, staff or Programs, then Client agrees that Firm may use such material for marketing and similar purposes without express permission of Client (other than by the terms of this Agreement) and that Client will have no claim of any kind against Firm for use of the material.
13.5 Client acknowledges and agrees that Program may include group activity and that Firm may record, for later use at the absolute discretion of Firm, such activities and that Client will have no claim of any kind against Firm for use of the recorded material.
14.1 If a dispute arises between the Parties, then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.
14.2 In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
1 5.1 Client shall defend, indemnify, and hold harmless Firm, Firm’ shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Firm, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.
15.2 Client shall defend Firm in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.
15.3 Client recognizes and agrees that all the Firm’s shareholders, trustees, affiliates, employees, subcontractors, and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Firm.
16. Controlling Agreement
16.1 In the event of any conflict between the provisions contained in this Agreement and any materials used by Firm, Firm’s representatives, or employees, the provisions of this Agreement shall prevail.
17. Choice of law
17.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of India and the State of Chhattisgarh without giving effect to any principles or conflicts of law.
17.2 Subject to Clause 14 above, the parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in Durg, Chhattisgarh in the Republic of India, which arbitration shall be binding upon the parties and their successors in interest.
17.3 The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
18. Entire Agreement
18.1 This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written.
18.2 This Agreement may be modified only by an instrument in writing duly executed by both parties.
1 9. Survival
19.1 The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.
20.1 If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
21. Other Terms
21.1 Upon execution by signing up to any of our programs the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement.