Standard Legal Notices and Conditions

 

Programs and Services

Mindful Rental Pros LLC (hereinafter referred to as “Company”) agrees to provide the services as detailed in the attached agreement. Client agrees, as a condition of participation in the program, to abide by all policies and procedures outlined in this Agreement.

 

Relationship of the Parties

Client understands that neither Company nor its individual employees are employees or agents of Client. Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between Company and the Client.

 

Company is providing Rental Strategy Education Services and Personal Coaching Services. Client understands that Company has not promised, shall not be obligated to and will not; (1) Perform any business management functions; (2) Provide any financial, tax, legal, or investment advising; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy.

 

Limited Liability

Client acknowledges and agrees that all use of Company’s coaching services is done totally at their own risk.

Company’s total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to Company by Client under this Agreement.

 

Mutual Non-Disclosure

Company, its employees and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of this Agreement, disclose any confidential information. Likewise, Client agrees that it will not convey any confidential information or proprietary material obtained about or from Company or any other participants in the coaching activities to another party. Due to the individual nature of this information, Client agrees not to share, use, or condone the use of any information obtained for any other purpose without the written review and permission of Company.

 

Injunctive Relief

Each of the parties hereto acknowledges that in the event of a breach by Client of any material provision of this Agreement, Company may be without an adequate remedy at law. Each of the parties therefore agrees that in the event of such a breach by Client hereof Company may elect to institute and prosecute proceedings in a court of competent jurisdiction in Maine, USA, to enforce specific performance or to enjoin the continuing breach hereof. By seeking or obtaining any such relief, Company shall not be precluded from seeking or obtaining any other relief to which it may be entitled.

 

No Transfer of Intellectual Property

Company’s program includes copyrighted and original materials that have been provided to Client are for Client’s individual use only as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Company. No license to

sell or distribute Company’s materials is granted or implied. By purchasing this program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and

exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

On-time Payments

Payments must be made promptly based on the terms of this Agreement. Failure by Client to provide necessary input for the completion of projects shall have no effect on the financial terms of this Agreement. In case collection proves necessary, Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.

 

All credit/debit card payments that are charged back or denied by a Client’s bank for insufficient funds will be re-submitted for payment. A $35.00 Insufficient Funds Fee will be charged to Client. If Company is unable to recover insufficient funds by credit card payment, Company will notify Client of the deficiency. Client will have ten (10) business days to correct the deficiency. If Client fails to make restitution within ten business days, the entire balance of the project becomes due.

 

Cancellation of Services and Refund Policy

After three (3) days from the date of your purchase, all sales are final for Company's programs. Client acknowledges and understands that this program is front-loaded in terms of the materials Client receives and the work Company does that is individual to each Client's situation. In the event of Client's absence or withdrawal, for any reason whatsoever, Client will remain fully responsible for the entire program fee and any unpaid balance.

 

Survival

Following the term of this Agreement, any and all provisions set forth herein which, by their very nature, are intended to survive any expiration or termination hereof, shall so survive, including without limitation, the provisions respecting confidentiality, representations & warranties, limitations on liability, ownership of intellectual property, and payment obligations.

 

Waiver

The waiver by the Company of a breach of any provision of this Agreement by Client shall not operate or be construed as a waiver of any subsequent breach by Client.

 

Entire Agreement and Modification

This Agreement constitutes the entire agreement between the parties. It supersedes all previous agreements and understandings between the parties and each party acknowledges that, in entering into this agreement, it does not do so on the basis of or in reliance upon any representations, promises, undertakings, warranties or other statements (whether written or oral) of any nature whatsoever except as expressly provided in this Agreement. Thus, this Agreement and any attached Exhibit incorporated herein constitutes the sole Agreement between Company and Client. The Agreement becomes effective when signed by both parties. This Agreement may only be modified by mutual written agreement of both parties.

 

Acknowledgement

You acknowledge that success is dependent on a number of factors, including, but not limited to, attitude, persistence, full participation in all phases of the Program, and other factors beyond the control of the Company. Mindful Rental Pros, LLC is dedicated to helping Clients become successful in the Program as the success of the Program itself depends on the completion and implementation by Clients of the strategies taught in the Program. By signing this Agreement, Client affirms an intent and commitment to learn and implement these strategies. By signing the front page of this Service Agreement, Client affirms an intent and commitment to learn and implement these strategies.

 

Representations

Client acknowledges that Mindful Rental Pros, LLC has made no representations or guarantees other than those expressed herein; Client has not relied thereon, and Mindful Rental Pros, LLC specifically disclaims any, other representations or warranties. Moreover, Client recognizes and acknowledges that individual performance depends upon the individual skills, time availability, dedication, and other influences of each Client in the Program. Client acknowledges that Mindful Rental Pros, LLC is a training organization and is not offering a business opportunity or franchise and is not ascertaining the suitability of this Program for the Client. This Service Agreement represents the entire understanding and supersedes all prior statements,

agreements, and understandings, if any, either oral or written.

 

Non-Solicitation

Client agrees not to solicit other Mindful Rental Pros, LLC clients to offer additional products and/or services. Such action will constitute a breach of this Agreement which will result in the immediate terminations of services. Mindful Rental Pros, LLC is not responsible for returning any consideration paid for services canceled for breaching this provision.

 

Law and Arbitration and Class Action Waiver

The parties waive trial by court or jury. By signing this Agreement, you agree all disputes which may arise between you and Mindful Rental Pros, LLC, arising out of the terms of this Agreement or the relationship between the parties shall be decided exclusively in binding arbitration conducted by the American Arbitration

Association. Arbitration shall take place in dispute in Portland, Maine, USA and be governed by and construed under Maine law, except its conflict of laws rules. Client also waives his/her right to bring or participate in a class action against the Mindful Rental Pros, LLC or its parent, affiliated companies, subsidiaries, agents, officers, and/or principals. Furthermore, you as Client agree that by signing this Agreement you waive the ability to bring a class action suit.

 

Disclosure

Mindful Rental Pros, LLC provides private training. Individual performance depends upon the individual skills, time availability, dedication, and other factors of each Client in the training Program. Testimonials shared are not typical. Any results shared are not a guarantee of performance but are merely examples of individuals who have implemented the Mindful Rental Pros strategies and trainings. Because your background, education, and experience are different, your results will vary. Unique experiences and past performances do

not guarantee future results. Mindful Rental Pros, LLC and its owners, employees, contractors, and affiliates do not give financial, legal, or investment advice and are not licensed by or registered with any federal or state agency AND ARE NOT RESPONSIBLE FOR YOUR SUCCESS OR ACTIONS.

 

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

 

Governing Law

This Agreement shall be interpreted under the laws of the State of Maine, USA. Any and all legal actions relative hereto shall be in the American Arbitration Association subject to the Courts of the State of Maine.

 

Notices

Notices under this Agreement shall either be in writing via email to support@mindfulrentalpros.com with the subject line “Legal Notice”, or hard copy via registered mail or by a nationally-recognized carrier and addressed as follows:

 

If to Company:

Mindful Rental Pros, LLC

PO Box 626

Gorham, ME 04038

 

If to Client:

To signer as noted on signature page of Service Agreement, if applicable.