TERMS AND CONDITIONS FOR THE LEMURIAN MENTORSHIP PROGRAM

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By purchasing this product you (herein referred to as “Client”) agree to the follow terms stated herein.

PROGRAM/SERVICE

Rakai’el Webb – Soul Star Foundation LLC. (herein referred to as “Company”) agrees to provide services of Lemurian Mentorship Program (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

DISCLAIMER

Client understands Rakai’el (herein referred to as “Consultant,” “Coach” or “Rachael”), is not an employee, agent, lawyer, doctor, manager, therapist, business manager, accountant, psychotherapist, or financial analyst. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; or (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a coaching relationship does not exist between the parties after the conclusion of the Program. If the Parties continue their relationship, a separate agreement will be entered into.

A) (5)  90 minute Video Sessions
B) (5) 60 minute Phone Sessions 
C) Recordings of video sessions when applicable 
D) Text and email support between sessions

FEES

Total price of this program is five thousand dollars {5000.00 USD + Hawaii GET tax (4.167%)} if paid in full

Client has elected to pay by one of the following methods; In FULL, or 2 payments of two thousand five hundred and fifty dollars {2550.00 USD + Hawaii GET tax (4.167%)}, every 6 weeks, or 3 monthly payments of one thousand seven hundred thirty three dollars {1733.00 USD + Hawaii GET tax (4.167%)}

All payments must include the additional Hawaii General Excise Tax (GET) of 4.17% regardless of where Client is located.  

If Client misses a payment, Client’s access to the program will be suspended until Client’s payments are current. Client is still liable for the total cost of the Program. Company reserves the right to institute alternative collections actions including but not limited to; credit/debt collection service(s) or arbitration. Access to current Program will be revoked until account is current and all payments have been collected in full.

METHODS OF PAYMENT

The client authorizes the Company to charge Client’s credit card(s) or debit card(s).

REFUNDS

Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. If Client elects to discontinue their participation in the Program for any reason, Client is still responsible for any and all outstanding balance(s). To further clarify, no refunds will be issued.

CONFIDENTIALITY

The Company respects Client’s privacy and insists that Client 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. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, sessions, phone calls, otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with the Company during the 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.

Both 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.

Further, Client agrees that if they 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.

COPYRIGHT

Content published in this course (video content, digital downloads, images, texts, graphics, logos) is the property of the Company and is protected by international copyright laws. The entire compilation of the content found in this course is the exclusive property of the Company, with copyright authorship for this compilation by the Company.

NON-DISCLOSURE

The Client agrees to refrain from copying, disclosing, using, selling, or offering for sale any and all of the information contained in the Program, other than at the request of the Company. The Client agrees to keep confidential and refrain from disclosing any and all of the information contained in the Program, and to take all necessary and reasonable steps to prevent unauthorized disclosure or use of any and all of the information contained in the Program.

CLIENT RESPONSIBILITY

Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Participation is the one vital element to the Program’s success that relies solely on Client. Consultant will help and guide Client exclusively through the 4 LIVE Discuss & Process calls on the designated dates and times.  Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By submitting payment, Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.

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.

NON-SOLICITATION OF PERSONNEL

Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Violation of this section is grounds for termination of Client’s participation in the Program without forgiveness of monthly payments. Client will still be liable to pay the total contract amount.

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 affected 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.

MODIFICATION

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.

MISCELLANEOUS

1) LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.

Client 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 enrollment in the Program.

2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, 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 they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither 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, or disparaging to each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

3) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.

4) TERMINATION. Company is committed to providing all clients in the Program with a positive Program experience. Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client become disruptive or difficult to work with, inhibits the participation of other Program Participants or upon violation of the terms. In the event Company terminates this Agreement due to a breach by the Participant, the Participant shall immediately cease using the Materials. The obligations of the Participant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.

5) INDEMNIFICATION. Client 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 product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client 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.

6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand.  The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate.  In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

7) 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.

8) 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: info@rakaiel.com

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns.  Waiver of 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 shall be governed by and construed in accordance with the laws of the State of Hawaii, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Client.