THIS SERVICE AGREEMENT, entered into by and between GREEN PROFIT ACADEMY Corp., of Castle Rock, CO 80109 (“the Company”) and you (“the Client”), representing yourself and or your company, is effective as of the date the Client has agreed and engaged in any service provided by the Green Profit Academy Corp.
- WHEREAS the Company offers the services outlined in Section 1 of this Agreement,
- WHEREAS the Company offers to provide the Client, and the Client accepts such services under the provision of this Agreement.
Now, Therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:
1. COMPANY’S SERVICES
1. Company offers a variety of services including but not limited to consulting, coaching, training classes, membership, and web-tools.
2. The Company represents that it is authorized; duly licensed (as applicable); and has the qualifications, the experience, and the ability to properly perform the Services. Further, the Company shall use best efforts to perform the Services such that the results are satisfactory to the Client.
TERM The term of this Agreement commences on the date the Client agreed to and engaged in requested service and continues until the completion of Company’s obligations herein; or until the Client’s full payment for the services. The Agreement may also be terminated by the parties under Section 6 below.
COMPENSATION As consideration for the Services to be provided by the Company and other obligations, the Client shall compensate the Company with per the agreed upon purchase price.
EXPENSES Unless otherwise agreed by the Client in writing, the Company will be responsible for any expenses incurred by the Company in connection with providing the Services. Client represents and warrants that it shall not claim a refund from Company for any expenses it reimburses.
In the event the Client approves a reimbursement, the Company shall submit reasonable evidence that the amount involved was both reasonable and necessary to the Services provided under this Agreement.
CONFIDENTIAL INFORMATION During the term of this Agreement and after it has ceased, the Client SHALL NOT unlawfully use or divulge any information confidential on the Company’s practice and its clients to any third party. Nothing in this Agreement precludes the Company from sharing the Client’s data within the Company’s community to strictly produce benchmarking data that serves the Clients.
PROFESSIONAL USE AND LICENSING AGREEMENT I hereby acknowledge and agree to the terms as a business owner operating within the landscape or lawncare industry that I am not a professional bookkeeper, accountant, coach, or consultant under section 10 below.
2. CONFLICT OF INTEREST
The Company shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the Client. This obligation shall apply to the Consultant; the Assistants; other Company’s employees, agents, and third parties associated with accomplishing work and services hereunder.
Company warrants that it has the right to disclose and/or use all ideas, processes, techniques, and other information, if any, which it has gained from third parties, and which it discloses to the Client or uses during the performance of this Agreement, without liability to such third parties. Notwithstanding the foregoing, Company agrees that it shall not bundle with or incorporate into any deliveries provided to the Client herewith any third-party products, ideas, processes, or other techniques, without the express, written prior approval of the Client. Company further represents and warrants that it has not granted and will not grant any rights or licenses to any intellectual property or technology that would conflict with its obligations under this Agreement.
Nothing in this section precludes company from using any of client’s data to develop new products.
The Company SHALL NOT bear any responsibility for any injury, damage or loss sustained by the Client while performing the tasks under this Agreement. In no event shall the Company be liable to the Client for special, consequential, punitive, incidental, indirect, or exemplary damages under any theory of liability whatsoever.
I. The liability of the Company related to any services provided to a client shall be limited to a maximum of fifty percent (50%) of the fees paid by the client for the individual service from which the claim arises.
a. Liability Cap: This limitation applies to all claims of damages regardless of whether the claim is based in contract, tort, statute, or any other legal theory.
b. Scope of Liability: By engaging the services of the Company, the client acknowledges and agrees to this limitation of liability as a material part of the consideration for the provision of services by the Company.
c. No Further Liability: In no event shall the Company be liable for any indirect, special, incidental, consequential, or punitive damages of any kind, even if the Company has been advised of the possibility of such damages.
d. Effective Agreement: This limitation of liability is effective upon the commencement of services provided by the Company and is binding upon the client and the Company, as well as their respective successors and permitted assigns.
II. INDEMNIFICATION This agreement obligates the Client or Third Party (Indemnitor) to cover all legal costs, attorney’s fees, and related expenses if Company (Indemnitee) is not found liable in a legal matter.
a. The Indemnitee has the right to select its legal defense and control any settlement discussions, while the Indemnitor must cooperate and cannot agree to any settlement without the Indemnitee's written consent that includes a release of all liabilities.
b. This indemnity obligation is ongoing, even after any business relationship ends. If any part of this agreement is invalid, the rest still stands.
c. It represents the complete understanding between the parties on indemnification, is governed by the state of Colorado law, and requires written acknowledgment from both parties to be effective.
4. POINT(S) OF CONTACT
Company and Client have agreed to elect the following individuals as points of contact for any issues, reporting, or communications related to this Agreement:
Christeen Era, Company Contact at [email protected]
Individual or business representative, the Client
5.GRIEVANCE PROCEDURE/DISPUTE RESOLUTION
Part of the Company policy is to resolve grievances internally through an informal consultation process. Should the Client at any time need to discuss any matter, the Client is encouraged to report any complaints immediately to the Company.
I. In the event of any dispute, claim, question, or disagreement arising from or related to this Agreement or the breach thereof, the Client and the Company hereto shall use their best efforts to settle such disputes.
a. To this effect, they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to both parties.
b. If they do not reach such a solution within a period of 60 days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be finally settled by arbitration.
II. Waiver of Rights: The Client acknowledges and agree that by accepting this agreement, they waive the right to a trial by jury or to participate in a class action.
III. Final and Binding: Arbitration shall be a final and binding proceeding, with limited rights to appeal as per the Federal Arbitration Act.
IV. Costs: Each party will bear its own costs and attorney's fees, and the parties will split the arbitrator's fees and any administrative fees of arbitration.
V. Severability: If any part of this agreement is found to be unenforceable, the remainder will still be enforceable.
VI. Governing Law: This agreement shall be governed by and interpreted in accordance with the Federal Arbitration Act.
Either party may terminate this Agreement by sending a Notice of Termination at least 30 days prior to the termination date. This Agreement SHOULD NOT be terminated before the completion of the term other than in the following circumstances:
I. When there is a material breach;
II. When a Force Majeure event happens subject to Section 7 below.
The Client further represents and warrants that it SHALL NOT terminate this Agreement mid-training or coaching.
Upon termination, Client shall pay the Company for any portion of the Services that have been performed prior to the termination. Further, upon termination, the Company shall not be under any additional obligations to the Client.
6.2. TERMINATION OF SERVICES WITH INSTALLMENT PAYMENTS
This section outlines the terms and conditions under which client may terminate services that are being paid for through installment payments by the client. The client is fully informed of their rights and responsibilities, ensuring both parties are protected in the event of service termination.
I. Initiation of Termination
a. Client-Initiated Termination: The client may request to terminate the services at any time by providing written notice to Green Profit Academy.
b. Firm-Initiated Termination: Green Profit Academy reserves the right to terminate services if the client breaches any terms of the service agreement, including but not limited to, non-payment of installments.
II. Notice Period
Except in the case of breach leading to immediate termination, either party must provide a 30-day written notice to the other party to initiate the termination process.
III. Payment Obligations
a. Outstanding Balance: The client is obligated to pay any outstanding balance due for services rendered up to the effective date of termination.
b. Remaining Installments: Unless the termination is due to a breach of contract with Green Profit Academy, the client remains responsible for paying all remaining installments as agreed upon in the initial service agreement.
IV. Refund Policy
a. Refunds for services not rendered as of the effective termination date will be evaluated on a case-by-case basis, taking into account the work completed and the installment payments received.
b. An administrative fee of 20% of the entire service engaged will be charged to the client or withheld upon termination if a refund is processed.
V. Services Rendered Post-Termination
a. Green Profit Academy will not perform any further services following the effective termination date unless a new agreement is established.
a. Both parties agree to maintain confidentiality regarding client information and any proprietary business information disclosed during the term of the service agreement, even after termination.
VII. Dispute Resolution
a. Any disputes arising from the termination of services and installment payment arrangements will be resolved through mediation or arbitration, as outlined in the original service agreement.
VIII. Amendment of Terms
a. These termination terms may be amended only by written consent from both [Your Firm Name] and the client.
IX. Governing Law
a. This termination policy shall be governed by the law of the jurisdiction in which [Your Firm Name] operates.
a. By continuing to engage with Green Profit Academy, the client acknowledges they have read, understood, and agree to these termination terms.
XI. Contact Information
a. For any questions or notice of termination, the client should contact Green Profit Academy at the following:
i. Email: [email protected]
7. FORCE MAJEURE
Neither party shall be considered in default of performance of any obligations under this Agreement if such performance is prevented or delayed by Force Majeure. “Force Majeure” shall be understood to be any cause which is beyond the reasonable control of the party affected and which is forthwith, by notice from the party affected, brought to the attention of the other party, including but not limited to war, hostilities, revolution, civil unrest, strike, lockout, epidemic or pandemic, government- ordered restriction or cessation of activity, accident, fire, natural disaster, wind or flood or any requirements of law, or an act of God.
If either fails to comply with any of their obligations set forth in this Agreement, and such failure results in suffering of any loss, damage, or the imposition of additional Taxes, the non-performing party SHALL be liable in full for such additional losses, damage, and Taxes.
The Company SHALL act as an independent entity to the Client, and in no way shall be considered an employee of the Client.
The Client DOES NOT have any express or implied power to enter any contracts or commitments or to incur liabilities in the name of, or on behalf of, the Company, or to bind the Company in any respect whatsoever.
10. BUSINESS OWNER ACKNOWLEDGEMENT AND LICENSING AGREEMENT
I hereby acknowledge and agree to the following terms as a business owner operating within the landscape or lawncare industry:
I. Professional Status: I am not a professional bookkeeper, accountant, coach, or consultant. I declare that my primary expertise is in the realm of landscape or lawncare services, and I do not hold myself out as an expert in financial, coaching, or consulting services.
II. Licensing Requirement: I understand that any business professional intending to use resources, documents, or tools from Green Profit Academy or Profit First for Lawn Care and Landscape Businesses, including but not limited to the Green Profit Toolbox, must have a valid licensing agreement in place with the respective organization.
a. I confirm that, should I decide to utilize any such resources or documents for professional purposes, I will first secure a licensing agreement from Green Profit Academy or Profit First for Lawn Care and Landscape Businesses.
III. Use of Resources and Intellectual Property Rights: I agree that any use of materials from Green Profit Academy or Profit First for Lawn Care and Landscape Businesses without a proper licensing agreement is strictly prohibited and constitutes a violation of copyright and trademark laws.
a. I understand that unauthorized use, distribution, replication, or modification of resources from Green Profit Academy or Profit First for Lawn Care and Landscape Businesses without express permission and an appropriate licensing agreement is an infringement of intellectual property rights and may result in legal action being taken against me.
b. I will not engage in any activities that would infringe upon the copyrights or trademarks of Green Profit Academy or Profit First for Lawn Care and Landscape Businesses.
IV. Acknowledgment of Expertise: I acknowledge that the expertise provided by Green Profit Academy and Profit First for Lawn Care and Landscape Businesses is the result of extensive research, experience, and knowledge in the field of business management and financial planning.
a. I respect the intellectual property and efforts that have gone into creating the resources and tools offered by these organizations.
V. Integrity and Compliance: I commit to upholding the highest level of integrity in my business dealings and will comply with all legal and ethical standards pertaining to the use of licensed materials.
VI. I understand that misrepresentation of my professional status or misuse of licensed materials may damage my reputation and that of Green Profit Academy and Profit First for Lawn Care and Landscape Businesses.
Company reserves the right to engage sub-Company to perform any work related to this contract.
This Agreement represents the entire Agreement between the two parties and supersedes any previous written or oral agreement.
This Agreement may be modified at any time, provided the written consent of both the Company and the Client.
The Client enters this Agreement based on the terms and conditions herein, and not based on any representation made by any person other than as set out in this Agreement.
EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF
The parties agree that if any portion of this contract is found to be void or unenforceable, it SHALL be struck from the record, and the remaining provisions will retain their full force and effect.
14. APPLICABLE LAW
This Agreement shall be construed and enforced under the laws of the State of Colorado, USA
Venue for any action under this Agreement shall lie in any Court of competent jurisdiction in State of Colorado, USA
In Witness Whereof, this Agreement is duly executed by the parties or their duly authorized representatives.
By checking the box on our sign-up page, you acknowledge that you have read and agree with this service agreement and all details within.
Green Profit Academy Corp.