When you buy o try a service or product (other than browsing Embliss’s websites and social media posts), you will be presented with an agreement like the one below, which integrates the Terms and Conditions. Normally, only the description of the service and the money back guarantee is expected to change based on the specific service purchased. This template may change at any time before becoming effective, or as provided by the relevant section.
SALES AGREEMENT OF SERVICE (this is a template)
EMBLISS LLC
[THIS IS A TEMPLATE] This Sales Agreement for Services (this “Agreement”) is made effective as of the day of the first payment or, if the service is free of charge, the day the Agreement is signed (“Effective Date”), by and between Embliss LLC, 35 Manor Dr, Hillsborough, New Jersey 08844 (“Embliss”), and the Client.
1. DESCRIPTION OF SERVICES. Beginning on the Effective Date and according to the schedule provided separately, Embliss will provide to the Client the following service or services denotated by the checkmark (collectively, the “Services”):
⬜ Life Coaching
⬜ Painless Divorce Roadmap coaching
The Service is organized in 2 phases: phase 1 of the duration of 4 weeks and phase 2 of the duration of 14 weeks.
The service includes:
Phase 1:
- 28 days program
- 1 hr1 onboarding session: safety instructions, asap after sign-up
- Weekly 1 hr1 1 on 1 coaching session (4 weeks, renewable)
- Weekly 1 hr1 group coaching and support sessions
- [this is a template]
Phase 2:
- 14 weeks
- Weekly 1 hr1 1 on 1 coaching session
- Weekly 1 hr1 group coaching call
- 3 lawyers profile assessment
- 3 attorney letter evaluation
- [this is a template]
1Estimated duration. Depending on the topic or topics discussed, the Client’s availability and punctuality, the amount of questions and time needed to address them, the duration of any given event may be significantly shorter. The time difference between estimated and actual duration will not be carried over to other sessions.
⬜ Bliss Advocate Path coaching
Equivalent to phase 1 of the Painless Divorce Roadmap coaching service
⬜ Other, specify: ____________________________
Definitions
Session: on-line video conference, such as a Zoom meeting.
Webinar: a live online presentation for educational purposes during which participating viewers can submit questions and comments
2. PAYMENT. Payment shall be made to Embliss LLC.
The Client agrees to pay Embliss as follows:
⬜ Upfront, the sum of: _________________
⬜ According to the following plan:______________________________________________
Eventual financing fees and interests are Client’s responsibility.
In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, Embliss has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies as described below under “Remedies on Default.”
3. Client Obligations and Accountability. The Client shall conduct themselves in a professional, respectful, decorous, and courteous manner at all times, throughout the duration of the Agreement, when interacting with coaches, fellow clients, and any other parties involved. The Client shall not engage in disruptive, rude, disrespectful, or offensive behavior toward coaches, staff, or other clients. Any form of verbal abuse, harassment, or discriminatory language is strictly prohibited. The Client shall communicate openly and constructively, seeking solutions and understanding. Disagreements or concerns shall not be brought up during group sessions nor in front of other clients but should be expressed in a respectful manner and privately to the coach. The Client shall adhere to all policies, guidelines, and rules set forth in the Agreement. This includes punctuality, confidentiality, attending the sessions from a quiet setting, and other directives given by the coach during the sessions.
Failure to comply with this clause may result in termination of services or other appropriate actions.
As most of the service is administered remotely and in video, the Client shall have access to the technological tools required, such as a smartphone or a laptop with a webcam; the suitable apps; email address and/or cell phone number where to receive notification and reminders.
The Client understands that their progress and results are directly related to their level of engagement. Therefore, they shall commit to making a genuine effort and to investing time, energy, and focus to maximize the benefits of the coaching experience. In order to preserve its reputation by maintaining a high success rate of its clients, Embliss reserves the right to terminate the Agreement if the Client does not show a reasonable level of engagement.
4. WARRANTIES. Embliss shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Embliss’s community and region.
5. LIABILITY DISCLAIMER. The “Liability Disclaimer” section contained in the Terms and Conditions published on www.divorceroad.info (“T&C”) is incorporated in this Agreement by reference as if fully set forth herein. Coaching services as contemplated in the Agreement do not guarantee the resolution of the problem(s) presented. Coaching does not replace legal advice, financial advice, clinical treatment, psychological counseling, psychological and psychiatric support or similar medical attention. Embliss is not responsible for consequences to the Client for failure to seek appropriate medical, mental health, legal, or financial care. All of Client’s actions and inactions, whether or not related to the Services, are the ultimate Client’s decisions and Embliss is not responsible for the consequences to the Client of said actions and inactions.
6. CANCELLATION/REFUNDS/MONEY BACK GUARANTEE. The Services consist, among other things, of weekly one-on-one sessions, as defined in “Description of Service”, on-line group sessions, on-line seminars. One-on-one meetings are booked by the client based on Embliss availability. Each one-on-one meeting must be held in the week it is allocated. If the Client is unable or fails to schedule or misses the one-on-one meeting for a given week, Embliss will not guarantee a make-up session.
Embliss will happily reschedule one-on-one sessions if cancelled 24 (twenty-four) hours before the session start time. Late cancellations or no show may be subject to a penalty fee of up to $350 (Three Hundred and Fifty).
Group sessions, seminars, and other events are on a fixed schedule and Embliss does not guarantee that it can accommodate every Client’s convenience. Embliss reserves the right to reschedule said sessions with reasonable notice for its needs or upon request by the majority of the attendees, making every effort to be considerate of the Client’s availability.
The money paid by the Client is not refundable, especially if the Agreement is terminated for the reasons set forth in “Client Obligations and Accountability”, except for the following money back guarantee.
Painless Divorce Roadmap (the “Program”) money back guarantee.
If, by the end of Phase 1, the Client enrolled in the Program determines that they are no longer seeking divorce and the marriage has improved, Embliss will refund the difference between the “paid-in-full” cost of the Program (which may be lower than the amount paid by the Client to enroll) and the “paid-in-full” cost of the Bliss Advocate Path coaching program. For the purpose of this guarantee, the nominal fees are the following:
- Nominal paid-in-full Painless Divorce Roadmap coaching program enrollment fee: $___________
- Nominal paid-in-full Painless Divorce Roadmap coaching program enrollment fee: $___________
7. CONFIDENTIALITY. Except for what stated below, the Privacy Policy published on www.divorceroad.info (“Privacy Policy”), is incorporated in this Agreement by reference as if fully set forth herein.
Except for what stated below, Embliss and its employees, agents, or representatives (“Designees”) will not at any time or in any manner, either directly or indirectly, use for the personal benefit or benefit of Embliss, or publicly divulge, publicly disclose, or communicate, any information that is proprietary to the Client. Designees will protect such information and treat it as strictly confidential.
Client’s data, including but not limited to contact data, personal data, and payment data, may be shared and/or disclosed according to privacy policy published on www.divorceroad.info. Put simply, the data is shared to our partners and vendors, mainly cloud service providers, hosting, and payment services, for the fulfillment of our contract with the Client. Embliss does not share, sell, rent or trade any of your information with third parties for their promotional purposes. Please refer to the Privacy Policy for details.
The conversations between Designees and the Client (“Conversations”) are considered confidential and will not be disclosed. Constitutes Conversations any exchange of information between the Designees and the Client in voice, video, or text, delivered via including but not limited to texting, email, private message, direct message, quiz submissions, form submissions, or paper letter. The Conversations may be stored or recorded for quality assurance purposes, as part of the Service, or for Client’s benefit. The recordings will be deleted, at the Client’s request within 7 days or, at the latest, by the end of the following calendar year after the recording was made. If Embliss fails to delete a recording by the mentioned deadlines, the only remedy Embliss is obliged to is to delete it as soon as possible. Embliss does not guarantee that the recordings will be kept for any length of time and is not responsible for any loss incurred by the Client from the deletion of said recordings.
The encounters between Designees and one or more Clients, such as group coaching sessions, seminars, question and answers sessions commonly known as Q&A (collectively referred to as “Sessions”) may be recorded for quality assurance purposes, as part of the Service, for Client’s benefit, and for benefit of other clients and prospective clients. The Client, by signing this Agreement, gives Embliss the consent to use the recordings of the Sessions, also in an edited or abridged format, as part of Embliss content for paid and value-added Services. This consent cannot be revoked by the Client. Embliss will not normally publicly post the portion of the Sessions where the Client is present. Sessions are considered informative and educational and Embliss encourages the Client to be mindful of what they disclose during such Sessions. However, for the effectiveness of the program and for consideration towards other Clients, the Client must keep the information learned in the Sessions, both from the Designees and from the other Clients, confidential and must not disclose the content nor the recordings of the Sessions, nor discuss the same outside of any Session.
Conversations and Sessions may be stored, following due diligence security practices, on commercial cloud-based services and, pursuant to Embliss Privacy Policy, the privacy policies of said cloud-based services providers apply for this matter, as stated above. Likewise, as the Conversations will be normally held remotely, by using commercial internet audio and video communication services, the privacy policies of said cloud-based services providers apply for this matter. For any external service used by Embliss and its Designees, Embliss is not responsible for any breach or incident or any other issue.
The Client gives Embliss the consent to use information related aspects of their personal life, collected through Conversations or Sessions, exclusively and expressly in an anonymized way and in an anecdotical style, in publications, classes, social media posts, and educational material. This consent cannot be revoked by the Client. In case Embliss accidentally publishes Client’s information which has not been properly anonymized and rendered anecdotical, the only remedy Embliss is obliged to is to delete it as soon as possible.
Client participation in social media groups and discussions associated to Embliss are governed by the Privacy Policy.
Embliss reserves the right to report to Law Enforcement the information it may collect if appropriate or if required by Law, with or without notice to the Client.
This provision will continue to be effective after the termination of this Agreement.
8. ELECTRONIC COMMUNICATIONS AND ETIQUETTE. Electronic communication, including the definition thereof, is governed by the Terms and Conditions published on www.divorceroad.info (“T&C”). Said T&C are incorporated in this Agreement by reference as if fully set forth herein. The Client is obliged to be respectful and to observe common sense and common practice etiquette when partaking in Electronic Communication, as well as in Conversations and Sessions as defined in the section “CONFIDENTIALITY”. Pursuant to the section Termination/Access restriction of the T&C, Embliss reserves the right, in its sole discretion, to terminate the Client access to the Services or any portion thereof at any time, without notice.
9. TERM. This Agreement will terminate automatically upon completion by Embliss of the Services required by this Agreement.
10. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Embliss in connection with the Services will be the exclusive property of Embliss. The Client must not share, disclose, distribute, publish, sell the Work Product..
11. DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make one of the required payments when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
12. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 (seven) days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
13. FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
14. DISPUTE RESOLUTION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association or similar organization.
The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. The arbitrator(s) shall not have the authority to modify any provisions of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
15. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
16. ENTIRE AGREEMENT. By accepting the service, the Client accepts all the provisions of this Agreement and of the Terms and Conditions published on the website www.divorceroad.info (“T&C”), and the Privacy Policy published on the same website. This Agreement, the T&C and the Privacy Policy contain the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement and the version of the T&C effective at any given time (see 16. Amendment) supersedes any prior written or oral agreements between the parties. In case of contradictory statements between this Agreement and the T&C, this Agreement prevails.
17. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and accepted in writing by both parties. The T&C can change at any time without notice and the version effective at any given time applies at any given moment.
18. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
19. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
20. APPLICABLE LAW. This Agreement shall be governed by and construed according to the laws of the State of New Jersey without reference to its conflicts of law principles.21. SIGNATURES. This Agreement is intended accepted and effective at the moment of the payment or, if the service is free of charge, at the moment the service is started to be provided.
21. SIGNATURES. This Agreement is intended accepted and effective at the moment of the payment or, if the service is free of charge, at the moment the service is started to be provided.
[THIS IS A TEMPLATE]