Policies and Terms for Birthing of Giants Program

LEWIS SCHIFF (via Liana Ling)

PROJECT: Policies & Terms for Birthing of Giants Program

Revised: November 6, 2017

 

TERMS OF PARTICIPATION:

Please READ Carefully. By enrolling in this Program you (herein referred to as “Fellow”) agree to the following terms stated herein.

 

PROGRAM/SERVICE

Birthing of Giants, LLC (herein referred to as “BOG” or “Company”) agrees to provide the Program, “Birthing of Giants” (herein referred to as “Program”). Fellow agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

 

DEFERMENT

If, for any reason, you wish to defer starting the Program, you may defer within 11 months of your original enrollment date. If the enrollment fee has increased, you will be required to pay the difference between the fee when you first enrolled and the current fee at the time you will participate in the Program. After one year of deferment from the original start date of the Program, you may request a 50% refund of the total amount paid and cancel your participation in the Program. Contact our support team at [email protected] to request a refund.

 

PARTNER ENROLLMENT

Based on acceptance in the Program, your business partners may enroll and attend the Program for the discounted price of $10,000. A Partner is considered to be anyone with at least a 10% ownership interest in Fellow’s business. Partners must attend within one year of the original Fellow’s session.

 

NON-ENROLLMENT

If you apply for acceptance to the Program, pay the $1,000 application fee, and choose not to enroll in the Program after being accepted, the deposit will be forfeited one year from acceptance. In other words, once the deposit is paid and you are accepted to the Program, you have one year to complete your enrollment or you will forfeit your deposit. However, if you choose not to enroll, you can request, and will receive, a full refund.

 

REFUND POLICY

We at Birthing of Giants, LLC (“BOG”) and Birthing of Giants Fellowship Program (birthingofgiants.com) want you to be satisfied with your purchase. In the event that you decide your purchase was not the right decision, you may cancel your enrollment 60 days or more prior to the original start date of the Program and you will be entitled to a 50% refund of the total amount you were scheduled to have paid. Cancellation more than 30 days prior, but less than 60 days, to the original start date of the Program entitles you to a 10% refund of the total amount you were scheduled to have paid. Cancellation less than 30 days prior to the original start date of the Program results in a forfeiture of the entire tuition.

Simply contact our support team at [email protected] and let us know you’d like a refund prior to the 30th day before the Program’s original start date after your enrollment. We cannot provide refunds less than 30 days prior to the original Program start date. Within 30 days prior to the original start date, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless if you complete the program. Please note: If you opted for a payment plan and you do not request a refund prior to 30 days before the original Program start date, you are required by law to complete the remaining payments of your Payment Plan. All refunds are discretionary as determined by BOG. To further clarify, we will no longer provide refunds less than 30 days prior to the original Program start date and all payments must be made on a timely basis. If you have any questions or problems, please let us know by contacting our support team directly. The email is [email protected]

 

FELLOWSHIP PROGRAM GUARANTEE

If, after completion of Day 1 of the Fellowship Program, you do not see the value of continuing and decide to not complete the remainder of the week, you may return your materials and request a 100% refund of the total amount paid. Contact our onsite program manager before the start of Day 2 of the Fellowship Program to notify us that you will not be continuing and to request a refund.

 

DISCLAIMER

Fellow understands that all consultants to the Program (herein referred to as “Consultants”) and BOG, are not acting as employees, agents, lawyers, doctors, managers, therapists, public relations or business managers, registered dieticians, or financial analysts, psychotherapists or accountants. Fellow understands that Consultants have not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Fellow; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Fellow; (6) introduce Fellow to Consultant’s full network of contacts, media partners or business partners. Fellow understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties continue their relationship, a separate agreement will be entered into.

 

CONFIDENTIALITY

The Company respects Fellow’s privacy and insists that Fellow respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the 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, in any forum or otherwise. Fellow agrees not to use such confidential information in any manner other than in discussion with other Participants during 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. All Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Fellow agrees not to violate the Company’s publicity or privacy rights. Furthermore Fellow will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Fellow including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultants will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this Program you agree that if you violate or display any likelihood of violating this section the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

NON-DISCLOSURE OF MATERIALS

Material given to Fellow in the course of Fellow’s work with the Company is proprietary, copyrighted and developed solely and specifically for Company. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this training Program only. Original materials that have been provided to Fellow are for Fellow’s use only and a includes a single-user license. Fellow agrees that such proprietary material is solely for Fellow’s use. Any disclosure, reproduction and sale by Fellow to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of BOG.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

BOG’s Program is copyrighted and original materials that have been provided to Fellow are for Fellow’s use only and includes a single-user license. Fellow is not authorized to use any of Company’s intellectual property for Fellow’s business purposes. All intellectual property, including Company’s copyrighted Program and/or course materials, shall remain the sole property of the BOG. No license to sell or distribute Company’s materials is granted or implied. By purchasing this Program, Fellow agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Fellow agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Program, Fellow agrees that if Fellow violates, or displays any likelihood of violating, any of Fellow’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

FELLOW RESPONSIBILITY

Program is developed for strictly informational and educational purposes ONLY. Fellow accepts and agrees that Fellow is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Fellow understands that because of the nature of the Program and extent, the results experienced by each client may significantly vary. Fellow acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Fellow will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.

 

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

 

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

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.

 

LIMITATION OF LIABILITY 

Fellow agrees they used Company’s services at their own risk and that Program is only an informational and educational service being provided. Fellow releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) 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 my participation in the Program. Fellow accepts any and all risks, foreseeable or unforeseeable. Fellow 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 enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the Program materials.

 

MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CLIENT FOR THE SERVICES FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL BOG BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

 

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Fellow nor any of Fellow’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 programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

 

ASSIGNMENT

Fellow may not assign this Agreement without express written consent of Company. Fellow must attend the Program and may not send a substitute in their place without prior written approval of Company.

 

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the BOG website and purchasers shall be notified.

 

TERMINATION

Company is committed to providing all fellows in the Program with a positive Program experience. By purchasing this product, Fellow agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Fellow’s participation in the Program without refund or forgiveness of monthly payments if Fellow becomes disruptive to Company or Participants, Fellow 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. Fellow will still be liable to pay the total contract amount.

 

INDEMNIFICATION

Fellow shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys 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 Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Fellow shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Fellow recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in BOG Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge BOG and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Program.

 

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in New York County, New York.

 

RESOLUTION OF DISPUTES

Any cause of action brought by Fellow against BOG must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of New York County, New York and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in New York County, New York.

 

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

 

NOTICES

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: [email protected]

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns.

Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America.

 

EARNINGS DISCLAIMER 

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PROGRAM AND IT’S POTENTIAL. EVEN THOUGH WE FULLY STAND BEHIND THIS PROGRAM AND BELIEVE IN ITS POTENTIAL TO INCREASE EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THE MATERIALS, LESSONS, OR CONSULTATIONS. EXAMPLES GIVEN ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, PROGRAM, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.” ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. MATERIALS IN OUR PROGRAM AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS.YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL OR PROGRAM.