This Training Client Agreement (“Agreement”) is entered into by Tessellate Partners, LLC dba Celina Guerrero (“the Company”, “we”, “us”, and “our”) and Participant (“Client” “you” and “your”), collectively, the Parties or individually, a Party, effective subject to these terms.
WHEREAS You have engaged the Company for training services as described herein and the Company has the skill, knowledge, and expertise to deliver these services.
In consideration of these services and of the mutual benefits and obligations in this Agreement, the Parties agree to be bound by and comply with these terms and conditions:
- TRAINING & COACHING RELATIONSHIP
Training and coaching is supplemental support to help you learn skills around your goals and strategy for your personal and professional endeavors. The training relationship is a partnership that requires your efforts, participation and decision-making. You are the person who knows best for your personal and professional goals. Training will occur in a group setting with other clients of the Company. The group training setting is intended to provide community and common ground by others who seek to overcome similar challenges or achieve similar professional and personal goals.
Training education and information is intended for a general audience and does not purport to be, nor should it be construed as, advice or counseling tailored to any specific business or industry. Content is centered around 1) LinkedIn™ 2) Marketing 3) Sales
The information contained in program material is strictly for educational purposes.
Therefore, if you wish to apply (or not apply) ideas contained in this material, you are taking full responsibility for your actions.
We assume no responsibility for errors or omissions that may appear in any program materials.
We assume no responsibility for your use of technologies mentioned, or updates to the LinkedIn™ platform.
Disclaimers. Any coaching that takes place is not a replacement for advice provided by a licensed professional for services related to therapy or mental health, legal, financial, or medical matters. Coaching does not include any professional diagnosis, opinion, or treatment. Should you need help in one of the aforementioned areas, you agree to contact the appropriate professional as needed. Coaching does not guarantee any particular outcome, results, or transformation.
- TRAINING SERVICES
The Company will provide group training services within 5 90-Minute Sessions (“Services”) for the purpose of learning to use LinkedIn™ to generate clients. Training will be facilitated via live video sessions and will consist of the following:
Five (5) 90-minute live educational workshops on the topic of LinkedIn™ on the following topics:
Recordings of each session will be made available within 48 hours after each live session.
After 30 days from the final and fifth workshop, all recordings will no longer be available or accessible to the Participant.
- CLIENT RESPONSIBILITIES
Our client relationship requires your participation for the best outcome. Your duties and responsibilities as a client include, but are not limited to: Making successful payments on time; Attending all training sessions for the full duration, or watching the recordings; Completing and participating in any activities, exercises, assessments, or assignments prior to, during, or after calls; Asking questions in a timely and efficient manner; Keeping your contact information with the Company up to date.
As it relates to the group dynamics of our Training relationship, you agree to respect each group member, follow all rules of the group, refrain from soliciting or pitching other members during the training term, and communicate and behave in a professional manner at all times. You will meet with and/or have access to other group members via Zoom and/ or Kajabi. We reserve the right to terminate this Agreement or limit your group participation to preserve the safety and integrity of the group environment if your conduct disrupts the dynamics of the group.
- PAYMENT & PAYMENT POLICIES
Payment for these Services is $547 and is due immediately upon registration.
Payment Disputes. You agree to communicate any issues related to payment within 48 hours of you receiving a payment receipt or as soon as you are aware of issues related to payment including, but not limited to, inaccurate invoices, unauthorized charges, refunds, cancellations, and chargebacks. To initiate a payment dispute, send an email to [email protected] with a detailed summary of the dispute including the date you became aware of the dispute. The Company reserves the right to resolve payment disputes in accordance with the Dispute Resolution terms of this Agreement or to submit this dispute directly to mediation. Payment disputes may result in a pause of the Services if necessary to resolve the dispute in an amicable fashion. In the event you want to engage in a chargeback process, you agree to first engage in an informal, “good faith” (as defined in this Agreement) dispute resolution attempt for 30 days.
Additional Coaching Sessions. Additional coaching calls under the duration of this Agreement may be available for purchase subject to the availability of the Company.
Please communicate with the Company and Celina Guerrero (1) via email at [email protected] We’ll respond to your communications within two business days for emails subject to any office closures which you will be notified of in advance. If you use any form of communication other than what’s approved above including, but not limited to, messages via LinkedIn, Facebook Instagram or any other form of chat, you understand that you may not receive a timely response.
If you don’t respond to our correspondence, for any reason, for 30 calendar days, we reserve the right to terminate this Agreement by notifying you via email.
Scheduling and Rescheduling.
Should any training session need to be rescheduled for any reason, Company will make best effort to reschedule the workshop at a similar time that fits with the remaining schedule of the program.
Business Hours. Monday - Friday 9am - 3pm Pacific Time
- TERM & CANCELLATIONS
This Agreement shall take effect once registration and the required payment has been made. The Services will end subject to the terms of this Agreement.
Cancellations & Refunds.
Company has the right to cancel the Services by giving the other 2 days notice of cancellation via email. If the Company has to cancel the Services, you will be notified via email and invited to negotiate an alternative to move forward if feasible under the circumstances.
50% of the program fee paid-to-date will be refunded if requested in writing to [email protected] within 48 hours of your purchase, regardless of whether sessions have commenced.
All access to the program materials will be revoked immediately upon request of refund.
48 hours after purchase date, the program fee becomes fully non-refundable.
- INTELLECTUAL PROPERTY
You acknowledge that by virtue of receiving the Services, you are using materials that are the intellectual property of the Company including, but not limited to, coined phrases, terminology, frameworks, worksheets, materials, program names, recordings, course material, slogans, logos and any other material subject to protection by trademark or copyright law.
Training session recordings, workbooks, PDFs, guides and any resource provided in the program are available for you to download for your exclusive personal use.
The Company does not grant you any license to use our intellectual property outside of what is required to execute this Agreement. You agree not to share, duplicate or make commercial use of any intellectual property without our prior written consent. You understand you will be liable for damages caused by your violation of the Company’s intellectual property rights.
Group Sharing and Collaboration. Any intellectual property owned by you or other group members prior to engaging in Training & Coaching belongs to that person. You recognize that ideas, strategies, methods, and other content shared by group members may be subject to protection by copyright, trademark, and other intellectual property law. Should intellectual property be shared or created as a result of any collaboration or discussion among members, it will be the members’ responsibility to decipher ownership and responsibilities and it pertains to that intellectual property. Please be mindful of sharing your intellectual property in group settings to ensure its confidentiality and protection.
Any information provided by you to the Company including, but not limited to, personally identifiable information, documents and recordings shall be kept strictly confidential and will not be shared with a third Party without your written permission. By virtue of our business relationship, you may inadvertently gain access to confidential information of the Company. In that case, you agree to keep said information confidential and not disclose it to any third party or to the public without the Company’s prior written consent. The Parties’ duties regarding confidentiality will survive the termination of this Agreement.
Group Confidentiality. Your duty of confidentiality extends to other group members. You agree to keep confidential all information shared by other group members including, but not limited to, strategies, methods, real or hypothetical examples, intellectual property, personal or identifying information, communications, content shared in Zoom or Kajabi and all other material whether written, oral, recorded or in other form. Although we strive to provide a secure and professional environment for all group members, we cannot guarantee the confidentiality of the information you share in group settings or with select group members. You should therefore treat any information shared in group settings as public information.
- RECORD RETENTION POLICY
The Company retains your documents, client information, recordings, surveys, assignments, and data under this Agreement for at least 6 months but not more than 5 years. These records will remain confidential and be used for internal business purposes only. In no event will your records be shared with any person that is not an agent or partner of the Company or who doesn’t sign a confidentiality agreement. If we use your information for testimonials, we’ll first seek your permission or your identity will remain confidential.
If you provide a written, video, or audio recorded testimonial, you give us consent to use your testimonial publicly such as on our websites, social media, marketing materials, and at events. You can request we remove your testimonial by emailing [email protected] and we’ll do our best to accommodate your request except for removing your testimonial from materials that are permanent or already in circulation such as printed material.
You warrant that you have the legal capacity to enter into and perform this Agreement; you are not violating any law or committing breach of another agreement with a third party by entering into this Agreement; and you have the financial resources to commit to this Agreement. We, the Company, warrant we have the expertise to deliver the Services.
- DISPUTE RESOLUTION
Any dispute, claim, or controversy relating to this Agreement must exclusively be resolved first via a “good faith” negotiations by the Parties. In order to be considered “good faith”, the complaining Party must give the other Party written notice of the dispute within 3 days of becoming aware of the dispute and both parties must make a genuine effort to communicate and resolve the issue efficiently. If good faith attempts fail after 30 days of receiving notice, then the Parties agree to resolve the dispute through formal mediation with a mutually agreed upon mediator. Mediation to take place in Los Angeles County, California. The Parties will split the costs of mediation services equally.
Group Member Disputes. For disputes among members which do not involve the Company, we trust the members are professional and respectful enough to take responsibility for their actions and resolve disputes on their own. We reserve the right to intervene as necessary in order to prevent disruption of the group dynamics or impact the experience of group members including, but not limited to, modifying or limiting your access to group settings or terminating this Agreement altogether.
- FORCE MAJEURE
Neither Party will be liable for a failure or delay in performance caused by circumstances or an event beyond its reasonable control, except where a Party could have prevented such circumstances or event through reasonable and customary precautions. These circumstances include, but are not limited to, cyber attacks, epidemics, floods, pandemics including COVID-19, quarantines, government regulations, war, riots, earthquakes, hurricanes, acts of God and other events deemed “Force Majeure” under California law. Force Majeure does not include unforeseeable loss of income, revenue, or changes in economic conditions. In the event of a Force Majeure occurrence, the Parties agree to exercise “good faith” efforts to resolve the impacts of the Force Majeure event in the best interests of both parties. Force Majeure events will not excuse you from making outstanding payments or payments for services rendered.
- LIMITATION OF LIABILITY
THE COMPANY LIMITS ITS LIABILITY TO YOU TO THE EXTENT PERMITTED BY THE LAW, AND WILL NOT BE LIABLE FOR DAMAGES, AS IT RELATES TO THE SERVICES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING THE AMOUNT PAID FOR UNDER THE TERMS OF THIS AGREEMENT.
You agree to defend, indemnify and hold harmless the Company and its agents from and against all third party claims, liabilities, losses, damages, costs, expenses, judgments or penalties arising out of or related to this Agreement where you are found to act with negligence, gross negligence, fraud or intent.
- ADDITIONAL TERMS
Governing Law. This Agreement shall be construed and governed by the laws of the state of California without conflicts of law.
Notices. All notices referenced in this Agreement shall be made in writing.
Days. All days referenced in this Agreement are calendar days unless otherwise stated.
No Waiver. The failure of a party to require strict performance of any provision of this Agreement by the other shall not be construed as a waiver of any right or remedy.
Assignment. The responsibilities under this Agreement cannot be assigned to another person.
Attorneys Fees. The Parties shall be responsible for their own attorneys’ fees.
Severability. If a provision in this Agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision in this Agreement.
Amendments. These terms may be amended by a written agreement between the Parties.
Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes all prior agreements, representations, or understandings whether written, oral, implied, or otherwise between the Parties.