August Transcend Accelerator Agreement

Individual Client Agreement

TRANSCEND ACCELERATOR GROUP COACHING ACCELERATOR

This Agreement is made and entered into on this day, August 1, 2021 (“Start Date”) between

CastroStrong LLC, a California Limited Liability Company, (“Hereinafter referred to as “Coach”) and _______________ (Hereinafter referred to as “Client.”)

Coach and Client hereby voluntarily and willingly agree as follows:

For good and valuable consideration of special pricing in the amount of five hundred ninety-seven dollars ($597.00). Client has agreed to purchase TRANSCEND ACCELERATOR GROUP COACHING (hereinafter “Program”). In exchange, Coach agrees to provide the

services outlined in the Program Details below, and Program Outline attached hereto. Client understands

and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in

accordance with her/her training.

1. Program Details

a. TRANSCEND ACCELERATOR GROUP COACHING is a 4-week program designed to offer group coaching and do-it-yourself (DIY)

resources so you achieve lasting transformation in your personal growth journey, break through personal limitations contributing to

cyclical burnout and reconnect with your authentic self and purpose, through seasons of transition and beyond.

b. Coach will provide the services outlined in detail in the attached Program Outline Addendum.

Client confirms he/she has read the Program Outline Addendum, asked Coach any and all

necessary questions, and conducted any research necessary to feel he/she understands what

is (and isn’t) being provided in Program.

2. Confidentiality

a. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and

Coach agree not to disclose, reveal, or make use of any confidential information learned by

either party during discussions, coaching sessions, calls, emails, or otherwise. Such

“Confidential Information” includes, but is not limited to, financial information, coaching

strategies, exercises, or other methodologies Client learns as a result of working with Coach,

plans or outlines for future programs or packages, information contained in documents or any

other original work created by Coach, and any and all other intellectual property (discussed

below.)

b. Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all

Confidential Information learned as a result of Client working with Coach shall survive the

expiration of this Agreement and Coach’s services. This means Client and Coach both agree to

continue to keep Confidential Information private, even after the completion of working with

Coach.

c. Should Client breach this provision and disclose confidential or proprietary information

belonging to Coach or another participating in the Program, Client understands additional

action may be taken by Coach up to and including legal action.

3. Intellectual Property Rights

a. Client agrees and understands that Coach has created numerous original, creative works in

connection with the Program, and agrees that Coach maintains all copyrights and other

intellectual property rights in all original or derivative content associated with or included in

the Program, whether created prior to working with Client or specifically for Client, including

but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts,

worksheets, tutorial videos, trade secrets, marketing strategies, Facebook ad strategies,

guides, and any other original work created by Coach. Client agrees she may be granted a

limited right to use selected materials in the course of his or her own business, but

understands that the rights remain with Coach. Nothing in this Agreement shall constitute a

transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license

to use the information, other than that which is expressly provided throughout the course of

the Program.

b. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in

selling, manipulate, distribute, or in any way exploit any of the content or intellectual property

provided by Coach or obtained through working with Coach, without Coach’s express written

consent. If such behavior is discovered or suspected, Coach reserves the right to immediately

end your participation in the Program without refund, as well as access to any program or

materials you may have purchased, without refund, and reserve the right to prosecute any

actionable infringement or misuse to the full extent of the law.

c. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the

Program, she/he is gaining access to view all content and information available as part of the

Program, as well as any additional information or content shared with him/her by Coach as

she sees fit. Client understands this means he/she will have been granted a limited, revocable,

non-transferrable license to read and use the information provided for use in his/her business

and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that

Client will not:

i. Copy, edit, distribute, duplicate or steal any information or any Content obtained

through Program without written permission by Coach;

ii. Post, distribute, copy, steal or otherwise use any portion of the Program or its content

without written permission by Coach, and understand that any such use may constitute

infringement, which may give rise to a cause of action against Client.

iii. Share purchased materials, information, content with others who have not purchased

them.

iv. Client further acknowledges and understands that any such actions including but not

limited to those outlined above will likely constitute infringement and/or theft of

our work, and a violation of this Agreement and United States Federal laws.

4. Payment

a. Client agrees to render payment via credit card or Paypal and understands that the full

purchase amount is due and payable upfront. Client agrees that absent an agreement

regarding a payment plan with Coach, he/she must complete payment in full before becoming

entitled to any products or services included within Program.

5. Payment Plan:

a. If Coach HAS offered Client a payment plan, all information regarding payment schedule is

outlined in the attached Payment Plan Addendum . Should Client fail to make timely payments,

or if additional payments are not able to be processed, Client understands: IF PAYMENT IS

NOT MADE, (1) the reminder of the Program may be forfeited until payment is made; and (2)

Client will owe a five percent (5%) late fee. A payment is to be considered late if not paid within

fifteen (15) days of the date it is due. Accounts that have not been paid after 30 days will be turned

over to collections, and the balance of Client’s account will become due and payable. If Client’s

account is turned over to collections, Client understands and agrees he/she is responsible for any

and all fees accrued, in addition to the original account outstanding balance .

b. Coach reserves the right to cancel or cease working with Client should he/she fail to make

additional payments in accordance with the Payment Plan as agreed upon at the beginning of

the Program. Should this occur, Client understands she is not entitled to a refund of funds

already issues to Coach in exchange for work completed thus far, and it is up to the sole

discretion of Coach whether Client is to have continued access to any materials made available

to Client during the Program up until payments were missed.

6. Refund Policy

a. Coach is not able to offer refunds once Client has purchased the Program. Client understands

this provision, and agrees that he or she is not entitled to a refund once payment has been

issued to Coach.

b. Should Coach experience an unforeseen event causing her or her team to become unavailable

or otherwise unable to complete the Program, Client may be entitled to a partial refund on a

case-by-case basis, based upon the portion(s) of the Program unable to be delivered by Coach.

Reasonable, minor changes or modification to the Program made by Coach do not qualify as an

inability to deliver services, and do not qualify Client for a refund.

c. Client further agrees and understands that changing his/her mind about the Program, failing

to follow through or understand the details of the Program, not experiencing the results

he/she expected or desired, or experiencing any other similar situations does not entitle her

to a refund.

7. Indemnification

a. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents,

team members or other party associated with Coach harmless from any causes of action,

damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any

third-party claims of any kind (including attorney’s fees) arising from his/her actions as a

direct or indirect result of Client’s participation in Program. Should Coach be required to

defend herself in any action directly or indirectly involving Client, or an action where we

decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to

participate and provide any evidence, documents, testimony, or other information deemed

useful by Coach, free of charge.

8. Voluntary Participation

a. Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is

solely responsible for any outcomes or results. While Coach believes in her services and that

Program is able to help many people, Client acknowledges and agree that CastroStrong LLC is

not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter

any negative ramifications. Client agrees that he/she is fully responsible for his/her health

and well-being, including participation in Program and any results therein.

9. Disclaimer

a. Client agrees and understands that Coach cannot guarantee any specific results, outcomes, or

changes to Client’s current situation, and will hold Coach harmless if he or she does not

experience the desired results. Client is entering into this agreement voluntarily and of his or

her own free will, and readily understands that he or she may or may not experience results

desired, or achieved by other clients of Coach.

b. Client understands that all services provided by Coach in connection with the Program being

purchased are provided on an “as is” basis, meaning it is without any guarantees,

representations, or warranties, including but not limited to warranties relating to quality,

non-infringement, fitness for a particular purpose, merchantability, or expectation or course

of performance. Client is choosing to purchase this Program and work with Coach on a purely

voluntary basis and does not hold Coach responsible should Client become dissatisfied with

any portion of the Program.

c. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a

refund should he/she not achieve the results desired following completion of his or her work

with Coach, as long as Coach delivers the Program as described in Paragraph 1 above, or

similar substitutes, upon additional agreement by Coach and Client.

d. Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a

particular financial outcome based on use of Program, nor is Coach responsible for Client

earnings, or any increase or decrease in finances based upon information within Program. Any

information or testimonials regarding past or current clients’ participation in programs, or

working with Coach contained on Website or in sales material that contain financial

information are individual, and results may vary.

10. Dispute Resolution

a. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by

good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis

for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or

those results which have been achieved by other clients of Coach.) If unable to reach a

resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration

by the American Arbitration Association, to be completed in Benicia, CA , within a reasonable

amount of time. Client and Coach agree to participate in the arbitration process in good faith

and in a manner that will effectively and efficiently resolve the dispute at hand, including the

exchange of any materials, documents, or information. The decision made by the arbitrator is

to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to

be enforceable in any court of proper jurisdiction as a judgement of law or decree.

11. Applicable Law

a. This Agreement shall be governed by and under control of the laws of California regardless of

conflict of law principles, and regardless of location of Client. Client understands this and

agrees that the laws of California are to be applicable here.

12. Amendments

a. This agreement is not to be altered, amended, changed, extended, or considered waived

without execution of an additional addendum signed by both Client and Coach, or a party

authorized to sign on behalf of either party.

Client and Coach agree this Agreement constitutes the entire agreement between Coach and Client,

taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals

between parties. Client understands that if a portion of the Program or an expectation is not included in

this Agreement, it does not apply and is not included within the Program. Client has taken any necessary

measures to discuss further and have any questions answered by Coach or Coach’s team, and is in full

agreement with the terms outlined herein.