Pro Cheer Playbook Agreement and Waiver
PART 1 – PRO CHEER PLAYBOOK AGREEMENT
1) COACHING SERVICE: Client agrees to hire Sideline Prep for 4 full months (1 December, 2017 – 31 March, 2018) for the Pro Cheer Playbook Coaching program, which includes:
- Two – 5 to 6 hour retreats with GeNienne and other Sideline Prep Coaches
- 10 Bi-Weekly virtual trainings
- 8 Bi-Weekly Live Accountability / Q + A calls
- 3 Skype/FaceTime sessions with the Sideline Prep Coach of your Choice (upon your scheduling of session)
- One – 30 minute coaching sessions with GeNienne (upon your scheduling of session)
- 24/7 support + community experience via a Private Facebook group
- Support + community experience via a “Pro Cheer Playbook Graduates” Private Facebook group upon graduation of your program
- 1 Accountability / “Inspiration” Partner
- Recordings of all Accountability / Q + A sessions with 24/7 access
- 1 Free ticket to annual Pro Cheer Audition Prep Workshop (January)
- Attendance to Sideline Prep sponsored workshops for one year at a discounted rate of 20%.
- Access to Sideline Prep Coaches for one-on-one sessions at a discounted rate of 20% for a lifetime.
2) PAYMENT TERMS: Down payment of $100 due to hold place in program. There will be a recurring payment as agreed upon and selected by the Client via the payment system. Furthermore, Client agrees to the responsibility of full payment of fees and compliance to any and all payment terms regardless of whether Client actually utilizes the services, completes the program and/or discontinues the service(s) for any reason regardless of whether Client has selected a lump sum or monthly payment plan. To further clarify, no refunds will be issued and all monthly payments must be made on a timely basis. Termination: Coach is committed to providing all clients with a positive Program experience. By making the first initial payment into the program, Client agrees that the Coach may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in services without refund or forgiveness of monthly payments if Client becomes disruptive or difficult to work with, if Client fails to follow through on assignments and/or requests for information necessary to the completion of said services, or if Client impairs the Coach or her staff in her/their efforts in this service.
3) ABSENCE OF WARRANTIES: (a) Coach offers no warranty of non-disclosure or confidentiality. While Coach will endeavor to respect Client’s information, Coach is privy to far too many duplicative or similar ideas and information from multiple sources to enter into any commitments regarding confidentiality. (b) Client is solely and exclusively responsible for whatever use Client may make of advice, suggestions, ideas and information provided by Coach or discussed during the coaching calls, Facebook community posts, or e-mail correspondence. Both parties acknowledge that Coach is not expected to be familiar with all aspects of the audition process or all dance and/or cheer teams. (c) Client acknowledges that Coach is Sideline Prep and that the coaching services will be provided by GeNienne Samuels and/or her staff.
4) CONFIDENTIALITY: Client may not share, give access to, make copies of, distribute any information, knowledge, videos, transcripts, recordings, etc. of the Pro Cheer Playbook Program to anyone, for any reason. All materials are property of Sideline Prep and only Clients that pay to be a part of the program can have access to the information there within the program.
5) ASSIGNABILITY: Client may not assign its rights or obligations under this Agreement without the written consent of the Coach, which shall be in the sole discretion of the Coach.
6) AMENDMENTS; WAIVER: The Agreement may not be amended and no provision hereof may be waived or modified except in writing and signed by each of the parties hereto.
7) INTEGRATION: The Agreement incorporates the entire understanding of the parties regarding the subject matter hereof, and supersedes all previous oral or written agreements and understandings regarding the same.
8) REPRESENTATIONS: We have made every effort to accurately represent the Program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. By signing below, client acknowledges that as with any endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will make her “dream team” as a result of Client’s participation in the Program.
9) GUARANTEE: GeNienne Samuels and any representatives of Sideline Prep are not able to guarantee the Client will make her desired team. However, if the Client completes all requirements of this program prior to program conclusion and auditions for at least 2 dance teams (including at least one semi professional dance team) and shows proof of audition participation and does NOT make any team, Sideline Prep will allow the Client to re-enroll in this program one additional time (free of charge) within 2 years of the contract end date.
10) ARBITRATION: Any controversy or claim arising out of or related to this Agreement or the breach thereof, which the parties hereto are unable to resolve after at least thirty (30) days of good faith negotiations or a formal mediation, shall be settled, except as may otherwise be provided herein, by binding arbitration in accordance with Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association in effect on the day the arbitration is commenced in accordance with this Agreement. The American Arbitration Association shall have jurisdiction over all parties to this Agreement for purposes of the arbitration. The prevailing party may enter such decision in any court having competent jurisdiction. The arbitrator shall have the authority to grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court. The forum for any mediation or arbitration shall be Prince George’s County, Maryland.
11) LIMIT OF LIABILITY: The Liability borne by Coach, its employees, agents, associates, successors, assigns, and legal representatives under this Agreement is limited in direct proportion to the compensation paid to Coach under this Agreement, and shall not, under any condition, exceed the amount already paid to Coach at the time of any such claim, demand or cause of action whatsoever.
12) GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.
PART II – SIDELINE PREP WAIVER AND RELEASE
The Lovely has requested the consultation services of Sideline Prep. The Lovely recognizes and understands that she may not be selected as a professional or semi professional cheerleader/dancer and agrees to hold Sideline Prep, along with any parent, subsidiary or affiliate harmless if, for any reason whatsoever, she is not selected as a professional or semi professional cheerleader/dancer. The Lovely understands that taking the prep sessions offered by Sideline Prep does not guarantee she will be selected to be a professional or semi professional cheerleader/dancer.
If the Lovely participates in any sessions under Sideline Prep and/or the Pro Cheer Playbook Program, the Lovely hereby assumes any and all risk of injury involved in such demonstrations and agrees to release and discharge Sideline Prep, any parent, subsidiary, affiliate, successor, predecessor, or otherwise related companies, and the past, present, and future employees, agents, officers, attorneys, directors, shareholders and employee benefit programs of any of them, and their agents and insurers, from all claims of any nature whatsoever, for any injuries that may be sustained by the Lovely during such prep sessions and the audition process.
In recognition of the media coverage of any audition process, the Lovely grants Sideline Prep, along with any parent, subsidiary, affiliate or licensee her permission and authority to use her name, voice, picture, written comments, verbal comments and likeness in connection with any and all publications, broadcasts, promotions, photographs, promotional posters, websites, social media and commercial products.
By signing this Sideline Prep Waiver and Release, the Lovely warrants that she has read and agrees to everything within this document.
IN UNDERSTANDING AND ACCEPTANCE OF THESE TERMS:
This Coaching Agreement is between __________________________________ (hereinabove referred to as “Client” A.K.A “Lovely”) and Sideline Prep (hereinabove referred to as “Coach”).
|Date:||1st Payment Date||Date:||1st Payment Date|
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|Client Name:||Company:||Sideline Prep|