This MENTORSHIP AGREEMENT (“Agreement”) is entered into and becomes effective on the day this mentorship was purchased between the purchaser and RACHELPAIGEXO, LLC.
RACHELPAIGEXO and Client are sometimes herein ref individually as Party.
Rachel Butler is the owner of RACHELPAIGEXO, LLC.. and
has extensive expertise, education, skill, training, business
connections, and experience in the beauty industry. Rachel
Butler has created and owns the rights to trade secrets
and a proprietary system, methods, techniques, and
materials for business training, salon ownership, coaching,
and sales development. RACHELPAIGEXO offers consulting
services focused on improving the state of salons and other businesses within the beauty industry. RACHELPAIGEXO also offers consulting services on
developing marketing and sales techniques and strategies.
Client is engaged in the business training and/or beauty industry. Client recognizes the good-will, reputation, and track-record of RACHELPAIGEXO and Rachel Butler As such, Client desires to engage RACHELPAIGEXO to support Client's own development of their coaching training and/or beauty industry education. RACHELPAIGEXO has agreed to provide such services as contemplated in this Agreement, Client has agreed to compensate RACHELPAIGEXO for such services, and the Parties have agreed to do so in accordance with the terms and conditions in this Agreement. The Parties agree as follows:
MENTORSHIP - SCOPE OF SERVICES
RACHELPAIGEXO, LLC. shall commence services on the day following receipt of the first payment identified in this agreement and for the duration of 12 months. RACHELPAIGEXO, LLC shall coach Client and provide advice on salon ownership, team building, operations, policies, procedures, marketing strategies, scaling techniques, culture and branding to aid Client in achieving success in their business model. This Agreement does not create an employment relationship of any kind, partnership, joint venture, or ownership interest between Client and RACHELPAIGEXO, LLC or Rachel Butler. Client shall not be considered an employee(s) of RACHELPAIGEXO, LLC. for any purpose whatsoever.
MENTORSHIP - LENGTH OF MENTORSHIP & PAYMENT
Client agrees to pay RACHELPAIGEXO, LLC accepts a total amount specified at checkout which shall be paid in 12 consecutive $999 payments described at checkout. The initial payment made on the date Client executes the Agreement shall be made by credit card or other method as requested by RACHELPAIGEXO, LLC. All subsequent payments made by Client to RACHELPAIGEXO, LLC shall be made by electronic funds Each payment made by Client under this Agreement must be received by RACHELPAIGEXO, LLC on the date specified. If payment is not timely received by RACHELPAIGEXO, LLC, Client shall have materially breached the Agreement and shall forfeit all remaining portion of services that have not yet been performed under the Agreement. RACHELPAIGEXO, LLC shall have no further obligation to Client. Client is not entitled to a refund or chargeback for any reason. All payments made to RACHELPAIGEXO, LLC pursuant to this Agreement are final and are not refundable for any reason.
CHARGEBACKS
Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement. Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that Client may have with respect to consideration paid hereunder must be addressed directly between Client and RACHELPAIGEXO, LLC. If a chargeback occurs, Client shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. RACHELPAIGEXO, LLC shall have no further obligation to Client. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one- and one-half percent (1 1⁄2%) per month until paid in full by Client. Further, RACHELPAIGEXO, LLC shall be entitled to recover from Client all damages, and reasonable and necessary attorneys’ fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.
OWNERSHIP OF INFORMATION All
Confidential Information is and shall remain the sole and exclusive property and proprietary information of RACHELPAIGEXO and/or Rachel Butler, as the case may be, and is disclosed in confidence by RACHELPAIGEXO in reliance on Client's agreement to maintain such Confidential Information in confidence and not to use or disclose such Confidential Information to any person except the Parties to this Agreement. Client has no ownership, property rights, or other rights of any kind in the Confidential Information, trade secrets, copyrights, proprietary information or other property of RACHELPAIGEXO and/or Rachel Butler.
PROPERTY RIGHTS, NONCOMPETE AND CONFIDENTIALITY
Use of Client's Likeness. Client agrees, consents and grants RACHELPAIGEXO and/or Rachel Butler use of any and all of Client's likeness, images, voice and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings, provided or derived from an interaction with RACHELPAIGEXO and/or that relates to services provided by RACHELPAIGEXO for use in the business of RACHELPAIGEXO and/or Rachel Butler. Client is not entitled to compensation of any kind for RACHELPAIGEXO and/or Rachel Butler's future use of Client's likeness, images, voice and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings that Client provided or derived from an interaction with RACHELPAIGEXO, and/or that relates to services provided by RACHELPAIGEXO. Client waives any and all causes of action in contract, tort, or the common law for Rachel Butler and/or RACHELPAIGEXO ‘s use of Client likeness, images, voice and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings that Client provides to, derived from an interaction with RACHELPAIGEXO and/or that relates to the services provided by RACHELPAIGEXO.
CONFIDENTIALITY OWNERSHIP OF INFORMATION RACHELPAIGEXO will provide Client with access to Confidential Information that is used in the operation of RACHELPAIGEXO ‘s business as reasonably necessary to allow RACHELPAIGEXO to comply with the terms of this Agreement. Client acknowledges that RACHELPAIGEXO will provide Client with access to RACHELPAIGEXO’s Confidential Information only for the term of the services rendered under the Agreement. a. Definition. For purposes of this Agreement, “Confidential Information” means information possessed by RACHELPAIGEXO relating to the Business, and its business activities not generally known which is used or is useful in the conduct of RACHELPAIGEXO ‘s business, or which confers or tends to confer a competitive advantage over one who does not possess the information. Confidential Information includes copyrights, trade secrets, know-how, information about existing, new or envisioned products, services and processes and their development and performance, any techniques, methodologies, pricing, technical information, computer software, business and financial information, unpublished lists of names, information, documents, videos provided or shared by RACHELPAIGEXO to Client, and information relating to business coaching, business training, online coaching or training, marketing, client acquisition process, sales, and pricing.
SEVERABILITY
If any part or parts of this agreement shall be held unenforceable for any reason, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
CONFIDENTIALITY OWNERSHIP OF INFORMATION
Confidential Information also includes information received by RACHELPAIGEXO from others which RACHELPAIGEXO has an obligation to treat as confidential and information received by Client from other clients of RACHELPAIGEXO All information which becomes known to Client during the term of the services rendered under the Agreement, which Client would reasonably believe is Confidential Information or which RACHELPAIGEXO takes measures to protect, shall be regarded as Confidential Information. Non Disclosure. During the term of their time with RACHELPAIGEXO. and at all times thereafter, Client shall maintain the strictest confidence of RACHELPAIGEXO’s trade secrets and Confidential Information. Client shall never disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity other than the Parties to this Agreement RACHELPAIGEXO‘s copyright information, trade secrets or other Confidential Information, except by express prior written consent of a duly authorized officer or director of RACHELPAIGEXO Client will not make copies, videotape, record, photograph or transfer in anyway, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of RACHELPAIGEXO Further, Client shall use Client's best efforts and shall take all reasonable precautions to prevent the disclosure of RACHELPAIGEXO’s copyright information, trade secrets or other Confidential Information. A breach of this provision includes but is not limited to each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both parties.
INDEMNITY
Client shall indemnify RACHELPAIGEXO, LLC. or RACHELPAIGEXO's employees against, and hold RACHELPAIGEXO or RACHELPAIGEXO’s employees harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs.
NOTICES
Any notices to be given hereunder by either party to the other shall be in writing either by email, or delivery by mail-certified return receipt requested. Notices shall be addressed to the parties at the addresses as set forth above, until and unless such party changes the specified address by written notice to the other
JURISDICTION & VENUE
This Agreement shall be governed in all respects, including its validity, interpretation and effect, and construed by and in accordance with the laws of the State of Texas, including, without limitation, its limitation of action and other procedural laws without giving effect to the principles of conflict of laws of the State of Texas. THE PARTIES HEREBY STIPULATE AND AGREE THAT IF IT BECOMES NECESSARY FOR ANY OF THE PARTIES TO FILE AN ACTION CONCERNING ANY MATTER RELATING TO OR PROVIDED FOR IN THIS AGREEMENT, THAT SUCH ACTION SHALL BE BROUGHT EXCLUSIVELY IN MONTGOMERY COUNTY, TEXAS, AND THAT VENUE IS PROPER IN MONTGOMERY COUNTY, TEXAS
DISCLAIMER
RACHELPAIGEXO and Rachel Butler do not, under any circumstances, warrant or guarantee Client any set amount of income or salary that will be received or earned, or any other particular outcome or result of any kind.