Non Compete

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Thank you for considering a partnership with Achieve Life Balance, LLC.
To access and review private courses and programs, please review and agree to the following contract.

If you have any questions, comments or concerns, please contact Susan@achievelifebalance.org  via email or use the contact form. 

After reviewing the following contract and agreeing to the required terms and conditions, you'll receive an access link and private password code to enter and utilize an Achieve Life Balance, LLC workshop, course or program.

I look forward to working with you!

Non-Disclosure Agreement and Creative Infrigement Protection
The parties agree that in order for them to explore opportunities and examine how they might work together to their mutual benefit, that it will be necessary and desirable that they disclose confidential business information. 
The parties agree to protect each other's Confidential Information disclosed before, during or after the execution of this Agreement on the following terms.

Each party shall use its reasonable best efforts to keep the other's Confidential Information secret. Each party shall use at least the same degree of care to avoid unauthorized disclosure or use of the other's Confidential Information as it employs with respect to its own Confidential Information of like importance. Neither party has any obligation with respect to any Confidential Information which (a) that party independently develops without reference to the Confidential Information; (b) is or becomes publicly known without a breach of this Agreement by either party or is known prior to the date hereof; (c) is disclosed to it by a third person who is not required to maintain its confidentiality; (d) is approved for release by the other party in writing. The party claiming any of the above exceptions has the burden of proving its applicability. 

Each party may disclose Confidential Information only on a need-to-know basis to its own employees and to its consultants under appropriate written burden of confidentiality. Each party shall take appropriate action with its employees and advisors to satisfy its obligations under this Agreement. Each party shall be responsible to the other for any violation of this Agreement by its own employees or consultants.

Neither party may print or copy, in whole or in part, any documents or magnetic media containing any Confidential Information without the prior written consent of the other party other than copies for employees or consultants who are working on the matter and have a need to know. 

Neither party may use the other's Confidential Information for any purpose but the Business Purpose stated above. 

Each party's Confidential Information shall remain its own property. Upon the termination of the business relationship or upon request, whichever is sooner, each party shall return all of the other's Confidential Information, certifying destruction of any copies or partial copies made. 

The obligation of confidentiality shall extend to three years from and including the date of return of the Confidential Information and certification of destruction of any copies made. At any time, either party may notify the other party in writing that future disclosures shall not be governed by this Agreement. 

If either party becomes legally obligated, or receives a subpoena or other legal demand, to disclose any of the other party's Confidential Information, the party subject to the obligation shall notify the other party in writing immediately, shall cooperate with the other party in seeking a prospective order or other appropriate remedy, and shall use its reasonable best efforts to protect the confidential and proprietary status of any disclosed Confidential Information. 

Each party agrees that in the event of a breach or threatened breach by either party, including its agents, directors, or employees, of the provisions of this Agreement, the non-breaching party may have no adequate remedy in money damages and, accordingly, shall be entitled to an injunction against such breach, in addition to any other legal or equitable remedies available to it. 
This Agreement is governed by the laws of Michigan without regard to its rules on conflicts of law, and both parties consent to the venue and jurisdiction of its courts. Neither party may assign its rights or obligations under this Agreement. No modification of this Agreement shall be effective unless in writing and signed by both parties. No waiver of any provision of this Agreement shall be effective unless signed by the waiving party. 

This Agreement is the entire agreement between the parties, and affiliated organizations, employees, board members and affiliated representatives of the parties) on nondisclosure of confidential information and supersedes all prior representations and agreements between the parties on that subject. 

COPYRIGHT
This presentation (and all related components) are protected by U.S. and International copyright laws. Reproduction, sharing and distribution of the presentation without written permission of the author is prohibited. It is unlawful to share any related components of this workshop,  related coaching insight or materials, access and entry codes, access links, etc., with other parties, unless indicated in writing by Susan Graham or Achieve Life Balance, LLC. 


 Copyright 2015, 2016, 2017, 2018, 2019, 2020 (and subsequent years),  Achieve Life Balance, LLC; Susan Graham. All Rights Reserved. 

What Achieve Life Balance, LLC, Clients agree to:

PROFESSIONAL DISCLAIMERS
Goal setting assistance and/or coaching is not to be used as a substitute for professional advice by mental, legal, medical, financial, business, spiritual or other qualified professionals. Clients should seek independent professional guidance for mental, legal, medical, financial, business, spiritual and other matters. All choices reside exclusively with you, the client. All decisions and actions regarding these issues are your (the client’s) sole responsibility.

Goal setting assistance/coaching is a comprehensive process that may involve all areas of a client’s life, including work, finances, health, relationships, education and recreation. Comments and ideas offered by Achieve Life Balance, LLC, are solely for the purpose of aiding the client to define goals.  Deciding how to handle these issues, incorporate goal setting and/or coaching into these areas, setting goals and implementing them, is exclusively the client’s decision and responsibility.


Client understands and agrees that in no event, shall Susan Graham or Achieve Life Balance, LLC their members, employees, subsidiaries or affiliates, be liable for any actual, incidental, consequential, direct, indirect, special or punitive damages (including, but not limited to personal injury, loss of property, medical expenses, attorney fees and costs, lost profits, business opportunity, business success, failure or interruption; health and medical choices including any injuries from diet, routine and exercise goals; career management, relationships, and referrals) related to, or in any way resulting from, services, advice or referrals provided by Achieve Life Balance, LLC or Susan Graham.  This Agreement shall be binding on Client’s estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a claim on Client’s behalf.


Achieve Life Balance, LLC provides access to numerous resources:  local, national and international. Achieve Life Balance, LLC is not responsible for the information provided by these resources nor is Achieve Life Balance responsible for their actions.

COACHING SESSIONS 
In the event you (The Client) participates in coaching support (free, add-on, individual or group sessions, formal or informal): Make sure you are available and ready at your scheduled time.  Any session (phone, electronic, in-person, etc.) is subject to cancellation, if you (the Client) is over 10 minutes late. If you must cancel or reschedule a session, please do so 24 hours or more in advance.  Understandably, last minute emergencies occur.  Please text me immediately, if you are unable to attend the session.   I will offer the same courtesy. Cancellations made less than 24 hours in advance are not eligible for a refund, but Client will be eligible to reschedule an appointment within 15 days of the original appointment. 

It is up to you to put in the time and effort to obtain your goal. A Client who habitually cancels (more than two cancellations or no-shows) or is consistently late (five or more minutes late to more than two sessions), is not likely to reach their goal(s).  Achieve Life Balance, LLC reserves the right to discontinue any and all sessions with such a Client. In said cases, refunds will not be available.   If you find you are faced with extenuating circumstances that may temporarily interfere with your sessions, please contact me in advance, and I will do my best to accommodate your situation. 

Any electronic communication (including phone calls, chats, texts, emails, Facetime, Skype, etc.) does run the potential risk of interception.  It’s important to acknowledge the limitation of privacy and confidentiality with these forms of communication.  Client authorizes Achieve Life Balance, LLC to engage in electronic communications with Client and to store Client information through electronic means.

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