This Agreement is between The Professional Wingman, LLC (“Consultant”) and Client is effective upon the date of execution by Client.
1. Services. The Consultant shall provide advice and guidelines for personal development and improvement in the Client’s dating life. In providing these services, the Consultant makes no warranties or guarantees, express or implied, as to specific results or satisfaction of the Client. Payment is for time, insight and guidance only, regardless of results.
2. Fees. The Client shall pay Consultant the fee agreed upon for the consultation and other related services. Under payment methods discussed prior to the session, payment is required by the beginning of the session in full. If payment is not received in full when due, or upon demand, Client shall be liable for the full amount as well as collection costs, including reasonable attorney’s fees. If the Client is over 30 minutes late for any consultation, the Clients will be charged an additional $75 per 30 minutes.
3. Schedule of Payment: Fees are to be made as follows:
Amount paid in full upon acceptance of this agreement.
4. Limitation of Liability. The Consultant’s liability to the Client for his breach of this Agreement or otherwise arising out of Consultant’s conduct, shall be limited to the value of the monetary consideration paid by the Client to Consultant, and shall in no circumstances include consequential or other damages.
5. Indemnification. The Client is obligated to employ the advice imparted upon him or her in accordance with the instructions of Consultant and in accordance with applicable laws, customs and etiquette. If Client does not heed the advice of Consultant, Consultant is not responsible for consequences thereof. Under no circumstances, shall Client harass, stalk, threaten, intimidate, physically touch without consent, any other individuals, or otherwise engage in unlawful conduct. The Client agrees to defend and indemnify Consultant from and against any and all claims against Consultant, directly or indirectly, from the Client or any third parties not a party to this Agreement, arising in part or in whole out of the conduct of the Client. This indemnification provision shall apply to and include, but not be limited to, the following conduct of the Client: excessive drinking and/or operating a motor vehicle under the influence of alcohol, harassment, physical touching, improper use of Consultant’s advice, or such other conduct that the third party deems unlawful, improper or in violation of his or her rights.
6. Confidentiality. During the session and the extent of the contractual relationship, neither the fact that Client is working with Consultant, nor the Consultant’s identity may be disclosed by Client to any third parties for any reason. A Client’s breach of this section shall result in immediate termination of the session and cancellation of this Agreement. Client shall be obligated to pay all outstanding amounts agreed upon, whether Consultant fully performed or not. Payments will not be refunded to Client. Consultant will not disclose any information regarding the identity of the Client at any time, for any reason. If at any time, Client’s identity has been inadvertently disclosed, the Client has a right for immediate refund of all paid sessions as its measure of damages in accordance with Section 3 above.
7. Conflict Waiver. Client agrees that Consultant may represent any other clients at anytime in Consultant’s sole discretion whether or not other clients come in contact with the signing Client.
8. Drinking. Drinking by Client is in no way required by Consultant and is discouraged. Client accepts all risk and responsibility for his or her actions. If the Consultant determines in his sole discretion that Client is visually intoxicated, the Consultant has the right in his sole discretion to cancel or terminate the session. Payment will not be refunded.
9. Exclusivity. Any methods used and advice imparted upon Client, whether or not contained in any written materials provided to Client, are the sole property of the Consultant, and may not be disclose to others used for profit or otherwise for any purpose by the Client, except for Client’s own personal use. To the extent Consultant is required to enforce the terms of this Section, it shall be entitled to injunctive relief and reimbursement of reasonable attorney’s fees.
10. Non-competition. Client agrees that it will not during the contract period or for one year following the termination of the contract, directly or indirectly compete with the Consultant, nor solicit others for that purpose.
11. Successors and Assigns. Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
12. Governing Law and Jurisdiction. This Agreement, and the rights and liabilities of the parties, shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to the principles of choice of law or conflicts of laws of such state and this Agreement shall be deemed to be performable in the Commonwealth of Massachusetts. Any claims or legal actions by one party against the other arising out of the relationship between the parties contemplated herein (whether or not arising under this Agreement) shall be commenced or maintained in any state or federal court located in the Commonwealth of Massachusetts, and Client hereby submits to the jurisdiction and venue of any such court.
13. Severability. In case any one or more of the provisions contained in this Agreement or the other agreements executed in connection with the transactions contemplated hereby for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or such other agreements as it shall then appear. If one or more of the provisions contained in this Agreement or such other agreements, as the case may be, is unenforceable at law, such provision or provisions shall be construed and reformed by the appropriate judicial body so as to be enforceable to the maximum extent permitted by law.
14. Interpretation. This Agreement shall not be interpreted in favor or against either party for any reason.
15. Entire Agreement. This Agreement shall be the entire Agreement of the parties. Client shall not rely upon any other promises or inducements not contained herein.