JOB OFFER ACADEMY CLIENT AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into and effective upon purchase of the Job Offer Academy (“Effective Date”), between Ashley International, Inc. (“Ashley International), a California corporation, and you, an individual (“Participant” or “You”).
- Program. You are purchasing “Job Offer Academy” program (“Program”). This package includes Lifetime Access (defined below) to the following (“Program Materials”):
- 8 Modules (Approx. 10 hours of Instruction);
- 5 Tutorials on how to use social media in your job hunt;
- Downloadable workbook with exercises for each training.
- Access to the Job Offer Academy Facebook Group (for alumni)
Ashley International’s Job Offer Academy private Facebook page is a place for members to share ideas and obtain expert career advice including, without limitation, responses to questions from you and other members of the community. Members may post their resume one time (not multiple times) but there is no guarantee that your resume will be reviewed, as resume review is for general education of all members. Notwithstanding anything to the contrary contained herein, Ashley International does not guarantee that any or all of your questions or any or all of the questions raised by other members will be answered by Ashley International timely or at all. Your right to participate in Ashley International’s private Facebook page is strictly subject to, and contingent upon, you adhering to any and all rules established by Ashley International and/or Facebook related to participating in Ashley International’s private Facebook page. Without limiting the generality of the foregoing, you may not promote you, any business, any services, or any products on the Ashley International private Facebook page. Ashley International reserves the right terminate your access to and/or delete comments on the Ashley International private Facebook page in the event you make offensive, derogatory, harassing, or demeaning comments, or post comments that are outside the subject matter (ie. career related). Participant understands and agrees that this Program is for educational and quality of life enhancing purposes centered in philosophies of integrity and truth and based upon professional training, and business and personal experience.
This Program does not include one-on-one coaching with, or access to, Ashley Stahl (via phone, e-mail or otherwise).
- Price. The purchase price for the Program varies depending on promotions from $97 – $297 paid in full in advance. A rejected payment may cause immediate suspension or termination of services, at Ashley International’s option.
- Refunds. If after seven (7) days, you don’t feel this is the right program for you, please contact Ashley International’s team at email@example.com, turn in your completed homework, and a full refund will be issued. Upon such termination you will immediately lose your log-in access to the Job Offer Academy and will be terminated as a client. After seven (7) days from the date of purchase of the Program, your right to a refund will expire and terminate.
- Term / Termination. Upon your purchase of the Program you will have access to, and use of, the Program Materials in accordance with the release date for each module of the Program. Once a module is released, you will have Lifetime Access to the given module. “Lifetime Access” means the period of time commencing on the Effective Date and expiring or terminating when Ashley International ceases to maintain and/or terminates the Program and/or Ashley International’s private Facebook page, as applicable. Notwithstanding anything to the contrary contained herein, Ashley International reserves the right to, and may, terminate this Agreement at any time, with or without cause. In such event, if the termination is prior to delivery of all 8 modules, Ashley International will issue you a refund of the purchase price or, if you are paying in installments, that portion of the purchase price previously paid by you and received by Ashley International.
- Intellectual Property Rights. Ashley International owns any and all intellectual property rights in and to the Program. Upon purchase of the Program, as each module of the Program is released to Participant, Ashley International grants Participant a non-exclusive non-transferable license and right to use, view and re-view such Program materials in accordance with the term of this Agreement.
- Log-In / Exclusive Use. Once you purchase the Program, you will receive your Log-In details and password via email. This log-in name, password, and the on-line Program materials provided to you by Ashley International (through the Website or otherwise) are for your exclusive use as a Participant (along with Ashley International’s other participant’s). Sharing of your log-in name, password, and/or the on-line Program materials with one (1) or more third parties is a material breach of this Agreement. In the event you share with third parties your log-in name, password, or the on-line Program materials, Ashley International has the right to, and will, terminate this Agreement “for cause” (i.e. for breach of the terms of this Agreement), and immediately terminate your access to, and use of, the on-line Program Materials. In such event you will not be entitled to a refund of all or any portion of the fee paid for the Program or any other fee(s) paid by Participant to Ashley International at any time.
- No Guarantee of Results. Ashley International cannot and does not guarantee results. You understand and agree that you are fully responsible for obtaining your desired results from the Program. In the event Participant participates in live sessions (voice, skype or otherwise) with Ashley International and/or Ashley International’s private Facebook group, with or without other participants, Ashley International and Participant will communicate with each other in an open, supportive, and constructive manner at all times. Participant will be fully present, ready, willing and able to fully participate in the live sessions, without distractions. You are fully responsible for decisions made and/or actions taken or not taken as a result of your live sessions with Ashley International and/or your participation in the Program.
- Group Discussions / No Expectation of Privacy / Likeness Release. In the event Participant participates in live sessions (voice, skype or otherwise) with Ashley International and/or Ashley International’s private Facebook group, with or without other participants, Ashley International may videotape, record or otherwise document the discussions and Participant authorizes Ashley International to use and exploit the discussions without limitation. Without limiting the generality of the foregoing, for good and valuable consideration, the receipt and sufficiency of which is hereby irrevocably acknowledged, Participant hereby grants to Ashley International (and to its licensees, assignees, and other successors-in-interest) all rights of every kind and character whatsoever in perpetuity in and to Participant’s performance, appearance, name sobriquet, photograph, likeness, caricature, signature, and/or voice and the results and proceeds thereof (the “Performance”) in connection with the Program and otherwise, and Participant hereby authorizes Ashley International to photograph and record (on film, tape, or otherwise), the Performance; to edit same at its discretion and to include it with the performance of others and with sound effects, special effects and music; to incorporate same into the future program materials or other materials or not; to use and to license others to use such recordings and photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name, likeness, voice, biographic or other information concerning Participant in connection with the Program, commercial tie-ups, merchandising, and for any other purpose. I further acknowledge that Ashley International owns all rights to the results and proceeds of Participants participation in connection herewith.
- Coaching and Not Therapy. Coaching is not therapy. It is not psychotherapy, psychoanalysis, mental health care or substance abuse treatment. Therapy addresses past events and how these events may be affecting you in the present. Coaching addresses the present and future and recommends certain actions to reach your stated goals in your business or personal life. These recommendations are based upon the coach’s knowledge, experience, and expertise. ANY AND ALL SERVICES, PRODUCTS, INFORMATION, AND CONTENT PROVIDED TO YOU BY ASHLEY INTERNATIONAL INCLUDING, WITHOUT LIMITATION, THE JOB OFFER ACADEMY ARE NOT THERAPY. THE SERVICES, PRODUCTS, INFORMATION, AND CONTENT PROVIDED BY ASHLEY INTERNATIONAL THIS PROGRAM OR ANY OTHER PROGRAM OR OTHERWISE ARE NOT AN ALTERNATIVE TO, OR SUBSTITUTE FOR, THE MENTAL HEALTH SERVICES OF A LICENSED THERAPIST. WE URGE YOU TO CONSULT A LICENSED THERAPIST FOR THE DIAGNOSIS AND TREATMENT OF MENTAL HEALTH ISSUES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN THE EVENT ASHLEY INTERNATIONAL BELIEVES YOU ARE MAY HARM YOURSELF OR OTHERS, OR ASHLEY INTERNATIONAL BECOMES AWARE OF CHILD AND/OR ELDER ABUSE OR NEGLECT, ASHLEY INTERNATIONAL MAY TAKE ANY AND ALL ACTIONS ASHLEY INTERNATIONAL DEEMS NECESSARY OR APPROPRIATE UNDER THE CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, CONTACTING POLICE AUTHORITIES OR FAMILY MEMBERS, AND ASHLEY INTERNATIONAL WILL NOT BE LIABLIE TO PARTICIPANT OR ANY THIRD PARTIES FOR TAKING SUCH ACTION TO PROTECT PARTICIPANT OR OTHERS. NOTWITHSTANDING THE FOREGOING, ASHLEY INTERNATIONAL HAS NO DUTY TO PARTICIPANT OR ANY THIRD PARTIES AND WILL NOT BE LIABLIE TO PARTICIPANT OR ANY THIRD PARTIES FOR ASHLEY INTERNATIONAL’S FAILURE TO TAKE ANY SUCH ACTION TO PROTECT PARTICIPANT OR THIRD PARTIES.
- Release of Liability. Participant, on behalf of himself/herself and his/her spouse, heirs, successors, and personal representatives, now and forever release and discharge Ashley International and its spouse, heirs, successors, attorneys, insurers, brokers, principals, officers, directors, shareholders, partners, agents, employees, and contractors, and whoever else may be liable, from any and all claims, liabilities, damages, and causes of action of any nature that in any manner arise from or relate to this Agreement. This release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that Participant does not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. Participant EXPRESSLY WAIVES ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Participant represents and warrants that he/she has considered the possibility that claims, liabilities, injuries, damages, and causes of action that he/she does not presently know or suspect to exist in their favor may develop, accrue, or be discovered in the future, and that he/she voluntarily assume that risk as part of the consideration for this Agreement.
- General Provisions.
- Notices. Any notices required to be given under this Agreement by either party to the other may be effected by personal delivery in writing or by U.S. mail, registered or certified, postage prepaid with return receipt requested. Mailed notices must be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by giving written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered and received as of actual receipt; mailed notices will be deemed delivered and received as of the fifth business day after mailing.
- Entire Agreement of the Parties. This agreement supersedes any and all agreements, either oral or written, between the parties with respect to the Program and contains all of the representations, covenants, and agreements between the parties with respect to the Program. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this agreement, and that no other agreement, statement, or promise not contained in this agreement will be valid or binding. Any modification of this agreement will be effective only if it is in a writing signed by the party to be charged.
- Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
- Arbitration. Any controversy, dispute, or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this Agreement including, without limitation, any claim based on contract, tort, or statute, will be resolved at the request of any party to this Agreement by final and binding arbitration conducted at a location determined by the arbitrator in Los Angeles, California, administered by and in accordance with the then existing Rules of Practice and Procedure of the Judicial Arbitration & Mediation Services, and judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. The arbitrator will be a disinterested attorney and/or retired judge. Such arbitration will include discovery proceedings as provided under Section 1283.05 of the California Code of Civil Procedure. The parties hereto consent to the jurisdiction of the Superior Court of the State of California, Central Judicial District, for purposes of enforcing this arbitration agreement and proceedings and entry of judgment on any award and further consent that any process or notice of motion or other application to the Court or the judge thereof may be served by certified or registered mail, return receipt requested.
- Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California.
- Assignability and Third Party Beneficiaries. Participant may assign this Agreement and/or any rights, obligations, and/or claims under this Agreement with the prior written consent of Ashley International in each instance, and any attempted assignment without such consent is null and void. Ashley International may assign this Agreement without limitation. This Agreement will be binding upon and shall inure to the benefit of the respective trustees, legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. Please acknowledge your approval by checking the box on the Job Offer Academy Order form, where indicated.