CLIENT PARTICIPATION AGREEMENT

By purchasing the Memorable Essay Writing Academy 6-week program    (“Program”) you (“Client”) agree to all of the terms contained in this Agreement.

PROGRAM

Memorable Essay (“Company”) agrees to provide the Program, Memorable Essay Writing Academy, made available through the website www.memorableessay.com. Client agrees to abide by all policies and procedures as outlined in this Agreement, as a condition of their participation in the Program.

DISCLAIMER

Client understands that Company provides writing coaching services in Program, and is not an admissions officer, English literacy teacher, therapist, personal assistant, or other personal professional for Client. Client also understands that their participation in this Program will not guarantee any specific or particular admissions result and that what they achieve in this Program is also dependent on their full and timely participation in its offerings.

Client understands that Company has not promised, shall not be obligated to and will not deliver any guaranteed outcomes as a result of Client following the recommendations set forth in the Program. Client must complete their essay in designated Program timeframe of six weeks and should make their own decisions about the schools to which they will apply. The information provided in this Program is not intended as individual college or graduate school counseling and should not be used as a substitute for individual admissions consulting.  All information provided is about writing memorable essays and based on the research, knowledge and experiences of Company and should be followed at Client’s discretion.

Client understands that Company shall not be liable to Client damages or injuries incurred by Client that client perceives to be as the result of participation in the Program.

FEES AND RENEWALS

The fee for the Program is a one-time payment of US$499, two consecutive monthly payments of US$250, or three consecutive monthly payments of US$170. First payment is due upon signing up. By submitting credit card information online, Client authorizes Company to charge their credit card for the full payment, or if Client opted to use an installment payment option, the first installment will be charged on the date of purchase, and all future installments will be charged on the same day each month until the balance is paid in full.

If Client’s credit card is declined on any payment due date, Client will be contacted and asked to make the payment immediately. Failure to do so within 24 hours will result in Client being removed from the Program if Program is in session, or receiving notice of legal action if Program has ended. Client agrees to pay all court costs and fees incurred by Company in pursuit of Client’s fee for the Program.

Client further understands that a relationship does not exist between the parties after the conclusion of this Program. If Client and Company decide to continue their relationship, a separate agreement will be entered into.

REFUNDS

If after one week Client is dissatisfied with Program, Client must alert Program lead and return any Program material in Client possession to receive a 100% refund. After one week, no refunds will be issued. No exception.

NON-DISCLOSURE OF PROGRAM MATERIALS

Material given to Client in the course of Client’s participation in the Program is proprietary, copyrighted and developed solely and specifically for Company. All coaching materials, webinar content, and any other Program material in Client possession that have been or will be made are for personal use in or in conjunction with this Program only.

CONFIDENTIALITY

Company respects Client’s privacy and insists that Client respect Company’s and other Program Participants’ (“Participants”) privacy. Any Confidential Information shared by Participants or any representative of Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. 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.

Further, Client fully understands that any violation or a display of any likelihood of violating this section, shall entitle Company and/or the Participants to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NO TRANSFER OF INTELLECTUAL PROPERTY

The Program is protected by copyright and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for any purpose other than Client’s own personal use. All intellectual property, including Company’s copyrighted Program and/or course materials, shall remain the sole property of Company. No license to sell or distribute Company’s materials is granted or implied. By signing below, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Company is confidential and proprietary, and belongs solely and exclusively to Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Company.

CLIENT RESPONSIBILITY

The Program is developed strictly for educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Program, the results experienced by each Participant may significantly vary. Company assumes no responsibility for errors or omissions that may appear in any Program materials.

SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS

LIMITATION OF LIABILITY. Client agrees that their use of Company’s Program is at their own risk and that the Program is only an informational and educational service being provided. Client releases Company, its members, officers, agents, heirs, executors, administrators, successors, assigns, instructors, guides,Participants, and related entities (“Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program. Client accepts any and all risks, foreseeable or unforeseeable.

Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to:  direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program.

NON-DISPARAGEMENT. Client agrees not to engage in any conduct or communications with a third party, public or private, designed to disparage Company or the Program.

Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Program members, owners, officers, affiliates, subsidiaries, agents or representatives.

TERMINATION. Company is committed to providing all clients in the Program with a positive Program. By signing below, Client agrees that Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program, or upon violation of the terms as determined by Company.

INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company and its members, officers, contractors, related entities, affiliates, and successors from and against any and all liabilities and expenses whatsoever, excluding, however, any such expenses and liabilities which may result from sole negligence or willful misconduct of Company. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of Company’s members, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Company.

RESOLUTION OF DISPUTES. Any dispute arising out of this Agreement must be brought and decided in the courts within the country of Jamaica. This Agreement shall be governed by and construed in accordance with the laws of Jamaica.

CONTACT.  Any questions or concerns related to this Agreement should be sent to info@www.memorableessay.com.