UNITED HOME RELIEF, LLC COACHING TERMS & CONDITIONS.
Updated: December 29th, 2023
This Coaching Services Agreement (together with all Exhibits, “Agreement”) is by and between (“Client”) and United Home Relief, LLC (“UHR” or “Coach”). This Agreement becomes effective on the date it is signed by the Client (“Effective Date”). WHEREAS, Client has requested the assistance of Coach in establishing and growing a real estate entity; WHEREAS, Coach represents that it has the necessary skills, knowledge, qualifications, and expertise to provide such services; WHEREAS, Coach has agreed to provide advisory services, as well as access to proprietary systems and training, webinars and seminars.
NOW, THEREFORE, in consideration of the premises set forth above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties are entering into this Agreement to set forth the terms and conditions governing Coach’s furnishing of such services to Client.
1. SERVICES
1.1. Coach will provide such advisory services, as described in Exhibit A hereto, to Client and any such other advisory services as may be requested in writing from time to time during the term of this Agreement by Client and agreed to by Coach (the “Services”). All coaching sessions (“Sessions”) are conducted via telephone or video chat, unless otherwise arranged. Links will be provided to clients in advance.
1.2 Client is committed to conducting its business with honesty, integrity and fairness. An essential part of this commitment is Client’s requirement that it conduct its business in compliance with all applicable laws and regulations, including without limitation, all anti-corruption, anti-bribery, and similar legal requirements and restrictions.
1.3. Client agrees and acknowledges that UHR makes no representations or warranties, express or implied, with respect to the services or goods provided hereunder and the implied warranties of merchantability and fitness for a particular purpose shall be specifically excluded with respect to the services and goods.
2. TERM AND TERMINATION
2.1 The term of this Agreement (the "Term") will commence upon receipt of full payment of the first invoice (“Invoice”) and shall continue in full force and effect for a period of ninty (90) days or until the Client closes a transaction within one (1) year as set forth in Section 4 below, unless earlier terminated in accordance with the Termination provisions below.
2.2. Upon expiration of the initial Term, this Agreement will not automatically renew. Instead, Client and Contractor agree to discuss and mutually agree upon any renewal of this Agreement or another Agreement, which if agreed upon, will be documented in a written amendment or a new agreement.
2.3. Notwithstanding Section
2.1, Coach may terminate this Agreement for a material breach of this Agreement by Client, including without limitation its failure to pay any sums to Coach when due, and such breach is not cured within five (5) days of Client’s receipt of written notice of such breach.
2.4. Client agrees that UHR may modify this Agreement and the Services from time to time. You will be notified at least 10 days prior to any change that would materially affect your program. You agree to be bound by any changes UHR may reasonably make to this Agreement when such changes are made.
3. COMPENSATION AND PAYMENT.
3.1 As consideration for the Products and Services purchased by you and provided to you by UHR or its affiliates, you agree to pay UHR at the time of your order.
3.2 If for any reason UHR is unable to charge your payment method for the full amount owed UHR for the Products or Services provided, or if UHR is charged a penalty for any fee it previously charged to your payment method, you understand that UHR may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason UHR is unable to charge your credit card with the full amount of the services provided, or if UHR is charged back for any fee it previously charged to the credit card you provided, you understand that UHR may pursue all available remedies in order to obtain payment. You may change your payment method at any time by contacting UHR customer service by phone, or email.
3.3 You agree not to cancel this transaction with your bank or Credit Card Company, and that doing so may initiate collections and result in the submission of a negative report to Consumer Credit Reporting agencies. You understand that the program is not just a downloadable package of material, and that not logging into the software or the website does not void any part of the agreements. You understand that you are responsible to log-in to access the services that you have paid for. Not logging in does not constitute a default on the part of UHR and it will not result in a refund to you. It is your responsibility to engage in the Services as outlined in Exhibit A.
3.4 An Invoice will be sent to the Client via email. The Client shall pay the fee in the amount of two thousand dollars ($2,000.00) in full before be providing with access to the Services.
3.5 All monetary amounts referred to in this Agreement are in USD (US Dollars).
4. MONEYBACK GUARANTEE/NO REFUNDS
4.1 Client shall be entitled to a return of the monies paid in Section 3.4 above “Money Back Guarantee” if the client does not successfully achieve 30 new leads and full system set up within thirty (30) days of the first paid invoice of consulting partnership.
4.2 In order to receive the Money Back Guarantee, Client is required to have
Paid the Invoice in full; and Completed and passed the Real Estate Curriculum; and Missed less than 85% of all scheduled calls with Coach; and Responded to all communications within 24 hours; and Completed all action items and assignments within 72 hours; and Allocate minimum $1,000 toward marketing budget; and
Further, any failure of Client to participate in any portion of the programs and / or activities or services does NOT entitle the Client to an extension of the program, nor does it entitle the Client to the Money Back Guarantee.
4.3 Except for Clients that qualify for the Money Back Guarantee, ALL SALES ARE FINAL AND THERE SHALL BE NO REFUNDS OR CREDITS PROVIDED UNDER ANY CIRCUMSTANCES.
5. PROPRIETARY INTERESTS.
5.1 Coach retains all rights to works, software, know how, ideas, methodologies, specifications and other intellectual property of Coach, including without limitation, Coach’s proprietary performance management process/tool, created prior to the execution of this Agreement or created independently of this Agreement, and all improvements and derivative works related thereto.
5.2 Client agrees that Coach holds all rights, title and interest in all Products and Intellectual Property, including other rights related to intangible property, unless otherwise indicated. Client acknowledges that no title or interest in such Intellectual Property Rights is being transferred to Client and Client agrees to make no claim of interest in any such Product. Client understands and agrees that all content and material contained in the Agreement, other policies, the Coach Website, Seminars and any affiliated websites are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as, any other applicable proprietary rights and laws, and that Coach and its affiliated businesses reserves its rights in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of UHR or its affiliated businesses. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise.
5.3 Client agrees and acknowledges that products produced by Coach including online & downloadable materials, written & electronic documents, and audio/video media files are protected by copyright laws and, as such, Client agrees to refrain from duplicating, disseminating, reproducing, republishing or re-engineering these materials without the express written consent of the Coach and shall not permit any third party to do the same.
5.4 Coach grants Client a limited license to use the proprietary information and Services for individual use only. Consequently, this grant does not allow Client to do any of the following:
(a) resell or make any commercial use of the proprietary information and Services;
(b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the proprietary information and Services;
(c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the proprietary information and Services (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or
(d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the proprietary information and Services.
Client agrees that client is prohibited from the following:
Selling, transferring, or assigning any of your rights to use the Service to a third party without Coach’s express written consent;Posting advertising or marketing links or content, except as specifically allowed by these Terms; Using the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to Coach or others.
6. CONFIDENTIALITY
6.1 In connection with this Agreement, Coach (the “Disclosing Party”) will disclose certain Confidential Information (defined below) the Client (the “Receiving Party”) and Coach desires to protect their Confidential Information, and as such will only disclose the Confidential Information as long as the Receiving Party agrees to use and protect the Confidential Information of the Disclosing Party in accordance with the terms of this Section.
6.2 The Receiving Party will (i) hold the Confidential Information of the Disclosing Party in utmost trust and strictest confidence,
(ii) not use the Confidential Information for the Receiving Party’s own benefit or for the benefit of any third party, and
(iii) not use, reproduce, distribute, disclose or otherwise disseminate the Confidential Information of the Disclosing Party except as provided in this Agreement. All Confidential Information will be used solely for this Agreement and will not at any time, or in any manner, be utilized for any other purpose, unless the Disclosing Party agrees otherwise in writing to the Receiving Party.
6.3 Confidential Information means information in any form or medium (whether oral, written, electronic, or other) that the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party's technology, formulas, trade secrets, know-how, business operations, plans, strategies, customers, customer lists and customer contacts, and pricing, vendors, vendor contacts, vendor lists, vendor contracts, lists or compilations, business plans, business plans, marketing plans and techniques, financial data and statements, pricing data and strategies, and information, product information, all information received by the Receiving Party from the Disclosing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, in all cases whether or not marked, designated or otherwise identified as "confidential." Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records:
(a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information's being disclosed or made available to the Receiving Party in connection this Agreement;
(b) was or becomes generally known by the public other than by the Receiving Party by non-compliance with this Agreement;
(c) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party’s knowledge, was not or is not, at the time of such receipt, under any obligation to maintain your confidentiality; or
(d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.
6.4. Upon the earlier of the Disclosing Party’ s request or termination of this Agreement, the Client will immediately:
(i) deliver to the Disclosing Party all documents or other materials disclosed to the Receiving Party constituting Confidential Information, and
(ii) destroy all notes, abstracts, memoranda, or other documents and electronically stored information prepared by the Receiving Party which contain Confidential Information or any discussion thereof, without retaining a copy of any such material. The destruction pursuant to the foregoing must be certified by the Receiving Party in writing to the Disclosing Party. No disclosure of any Confidential Information hereunder will be construed as a public disclosure of such Confidential Information by the Disclosing Party for any purpose whatsoever.
7. REPRESENTATIONS OF CLIENT
7.1 Client, or the individuals who electronically execute this Agreement on behalf of Client hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.
7.2 Client agrees that Client is freely and willingly participating in the UHR’s seminars, testimonials, coaching calls, webinars, seminars, conferences and meetings, and do hereby grant UHR, or designated entities permission to record and duplicate recordings of any and all of the services mentioned above, including but not limited to, conference presentations, webcasts, teleseminars, testimonials, questions and answers, coaching calls, etc.
7.3 Client agrees that Client shall not record any of UHR’s seminars, testimonials, coaching calls, webinars, seminars, conferences and/or meetings.
7.4 Client agrees that Client shall not duplicate, disseminate, reproduce, copy, republish or re-engineer online & downloadable materials, written & electronic documents, and audio/video media files without the express written consent of the Coach and shall not permit any third party to do the same.
7.5 Client agrees that Client shall not disparage UHR, or its coaches, employees or any of its officers, directors or staff. For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about Libertas or it’s coaches, staff, programs, or policies. This includes both public and private forms of communication, including on the internet in any way. UHR will pursue you with all legal means possible should you breach this non-disparagement agreement above, including ethics violations reported to your local Division of Real Estate if appropriate and necessary.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT EXCEPT AS STATED HEREIN COACH HAS NOT MADE, AND SHALL NOT BE DEEMED TO HAVE MADE, AND DOES NOT NOW MAKE ANY REPRESENTATION, WARRANTY OR PROMISE EXPRESS OR IMPLIED RELATING TO THE SERVICES. COACH AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES. LIBERTAS AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE
8.2 IN NO EVENT SHALL COACH BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, AND EVEN IF COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 In particular, but not as a limitation thereof, Coach and its affiliates are not liable for any compensatory, direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor are the liable for any third party claims of any nature, even if advised of the possibility of such damages or claims. None of the services would be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the website or services shall create any warranty, representation or guarantee not expressly stated in this agreement. Neither Coach nor its affiliates shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party.
8.4 In no way does Coach warrant or imply that the programs / products will work for Client personally, as Coach cannot guarantee Client have participated at the level requisite for success. Agents, markets, skill level and commitment levels vary from agent to agent, office to office and market to market.
8.5 In addition, Coach’s aggregate liability for any and all claims or obligations relating to this Agreement shall be limited to the total fees paid by Client under this Agreement.
9. INDEMNITY
9.1 Client agrees to indemnify, defend, and hold harmless Coach and its officers, directors, members, agent and employees (the “Coach Indemnified Parties”) from and against any and all loss, damage or liability resulting from claims, losses, demands, fines, penalties, expenses, suits, or actions of any character (including court costs, attorney’s fees, costs of investigation, costs of defense, settlements, judgments, and deductible amounts associated with the same (“Claims”) caused by or arising out of or in an way related to any breach by Client of any provision of this Agreement, or any negligent, willful, or intentional act or omission of, or any violation of applicable law by, Client arising from or relating to this Agreement.
10. MEDIA RIGHTS
10.1 Client hereby grants Coach permission to use their likeness in a photograph, video, or other digital media ("Media") in any and all of its publications, including web based publications, without payment or other consideration. Client understands and agrees that all Media will become the property of Coach and will not be returned.
10.2 Client hereby irrevocably authorizes Coach to edit, alter, copy, exhibit, publish, or distribute these Media for any lawful purpose. In addition, Client waives any right to inspect or approve the Media wherein Client’s likeness appears. Additionally, Client waives any right to royalties or other compensation arising or related to the use of the Media.
10.3 Client hereby holds harmless, releases, and forever discharges Coach from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of Client’s estate have or may have it by reason of this authorization.
11. MISCELLANEOUS
11.1 This Agreement, together with all attachments, schedules, exhibits and other documents that are incorporated by reference herein, constitute the entire agreement between the parties, represent the final expression of the parties’ intent and agreement relating to the subject matter of this Agreement, contain all the terms and conditions that the parties agreed to relating to the subject matter, and replaces and supersedes all prior discussions, understandings, agreements, negotiations and any and all prior written agreements between the parties. Any subsequent changes to the terms of this Agreement may be amended or waived only with the written consent of both parties, and shall be effective upon being signed by both parties.
11.2 All notices and other communications hereunder shall be in writing and shall be deemed to have been given:
(a) when delivered by hand (with written confirmation of receipt);
(b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested);
(c) on the date sent by facsimile or email of a .pdf document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Such communications must be sent to the respective parties at the addresses set forth below:To Coach: United Home Relief, LLC 400 Plymouth Place, Unit 1407 Somerset, NJ 08873
Robinson Burns DiAntonio, LLC Anthony V. DiAntonio, Esq.586 E Main Street Bridgewater, NJ
08807avd@robinsonburns.com
11.3 The validity, interpretation, and performance of this Agreement and each of its provisions will be construed, governed by, and enforced in accordance with the laws of the State of New Jersey, without regard to its conflict of law’s provisions. Any legal suit, action or proceeding arising out of or based upon this Agreement shall be instituted in the Superior Court of Somerset County, New Jersey, and each party irrevocably submits to the sole and exclusive jurisdiction and venue of such court in any such suit, action or proceeding.
11.4 If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that an essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof will be modified or deleted in such manner as to render this Agreement as modified, legal and enforceable to the maximum extent permitted under applicable law. It is the intent of the parties that this Agreement be enforced to the maximum extent permitted by law.
11.5 In the event that a party hereto institutes any legal suit, action or proceeding, including arbitration, against another party in respect of a matter arising out of or relating to this Agreement, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys' fees and expenses and court costs.
11.6 This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
11.7 This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
11.8 All terms of this Agreement which by their terms are intended to survive the termination of this Agreement shall survive termination.
11.9 You agree that the failure of UHR to insist on strict performance of any of the provisions of this contract or to exercise any right it grants will not be construed as a relinquishment or future waiver to enforce such provisions; rather, the provision or right will continue in full force. No waiver of any provision or right will be valid unless it is in writing and signed by the party giving it.
11.10 Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this agreement.
11.11. In providing the Services under this Agreement it is expressly agreed that the Client is acting as an independent contractor and not as an employee. The Coach and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit- sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.
11.12 Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
11.13 Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
11.14 The Client shall not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Coach.
11.15 This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
11.16 In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
11.17 The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
11.18 Either party shall be excused from any delay or failure of performance required hereunder if caused by reason of a Force Majeure Event as defined herein, as long as the nonperforming party complies with its obligations as set forth below. For purposes of this Agreement, “Force Majeure Event” means any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within the reasonable control of, the nonperforming party, and b) prevents the nonperforming party from its obligations under this agreement. Such events may include, but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, ordinances or regulations; strikes, lock-outs or other labor disputes; riots; explosions; and hurricanes, earthquakes, floods, and other acts of nature.
The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations under this Agreement shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this agreement upon ten (10) days’ prior written notice to the other party.
Upon occurrence of a Force Majeure Event, the nonperforming party shall do all of the following: a) immediately make all reasonable efforts to comply with its obligations under this Agreement; b) promptly notify the other party of the Force Majeure Event; c) advise the other party of the effect on its performance; d) advise the other party of the estimated duration of the delay; e) provide the other party with reasonable updates; and f) use reasonable efforts to limit damages to the other party and to resume its performance under this Agreement.
11.19 The parties agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed one and the same Agreement. The parties further agree that e-signatures carry the same weight and effect as traditional paper documents and handwritten signatures; therefore this Agreement may be electronically signed via any e-signature service compliant with the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA) as of the Effective Date of this Agreement.
The parties agree that electronic signatures, whether digital or encrypted, appearing on this Agreement, including any attachments or exhibits, shall be deemed original signatures and shall have the same legal effect as handwritten signatures. The use of electronic signatures is permitted under the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA). By electronically signing this Agreement, the parties acknowledge and consent to the use of electronic signatures and affirm that they understand the legal implications of doing so.
12. DISPUTE RESOLUTION, BINDING ARBITRATION, AND WAIVER OF RIGHT TO TRIAL BY JURY.
12.1 Any claim arising out of or related to this Agreement, except those waived in this Agreement, shall be subject to mediation as a condition precedent to binding dispute resolution.
12.2 The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association. A request for mediation shall be made in writing, delivered to the other party to this Agreement and filed with the person or entity administering the mediation, The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrators(s) and agree upon a schedule for later proceedings.
12.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Somerset County, New Jersey, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
12.4 BINDING DISPUTE RESOLUTION - For any claim subject to, but not resolved by mediation, the method of binding dispute resolution shall be binding arbitration.
The parties to this agreement agree to arbitrate any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relating to the purchase or lease identified in this Motor Vehicle Retail Order and the financing thereof. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. New Jersey Consumer Fraud Act, Used Car Lemon Law, and Truth-in-Lending claims are just three examples of the various types of claims subject to arbitration under this agreement There are no limitations on the type of claims that must be arbitrated, except for New Car Lemon Law and Magnuson-Moss Warranty Act claims which are excluded from arbitration under this agreement.
12.6 ARBITRATION - A demand for arbitration shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded.
12.7 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim.
12.8 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
12.9 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a claim not described in the written consent,
12.10 The Coach and Client grant to any person or entity made a party to an arbitration conducted, whether by joinder or consolidation, the same rights of joinder and consolidation as the Coach and Client under this Agreement. This agreement to arbitrate and any other written agreement to arbitrate with an additional person or persons referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
12.11 WAIVER OF TRIAL BY JURY.
AS A CONDITION OF ENTERING INTO THIS AGREEMENT, CLIENT AND COACH AGREE TO WAIVE EACH OF THEIR RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED TO THIS AGREEMENT.
CLIENT AND COACH UNDERSTAND THAT EACH ARE WAIVING THEIR RIGHT TO A JURY TRIAL VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION.
CLIENT AND COACH UNDERSTAND THAT EACH HAVE A RIGHT TO CONSULT WITH A PERSON OF MY CHOOSING, INCLUDING AN ATTORNEY, BEFORE SIGNING THIS DOCUMENT.
CLIENT AND COACH AGREE THAT ALL DISPUTES RELATING TO THIS AGREEMENT AND/OR TERMINATION THEREOF SHALL BE DECIDED BY AN ARBITRATOR THROUGH THE AMERICAN ARBITRATION ASSOCIATION.
BY AGREEING TO ARBITRATION, THE CLIENT AND COACH UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDINGS.
EXHIBIT A - SERVICES
The PARTNER PROGRAM BY UHR includes access to all United Home Relief resources (i.e. hard money lenders, mortgage professionals, capital partners, inspectors, contractor relationships, attorneys, realtor team, etc.) as well as:
24/7 Access via SlackAccess to network & resources.Shared documents and processes.Access to all webinars and seminars hosted by United Home Relief.Full Real Estate Roadmap Video course curriculum.Weekly Group Coaching Call
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