Purchaser (Client or Customer) and HigherEchelon, Inc. (Seller) (collectively, Parties) shall attempt in good faith to resolve disputes arising hereunder and shall escalate such disputes to their respective executive management to facilitate resolution. All disputes under this Agreement that are not disposed of by mutual agreement may be decided by recourse to an action at law or in equity. any claim, controversy or dispute arising out of or related to this Subcontract, to performance by either Party hereunder, or to the threatened, alleged, or actual breach hereof by either Party, that cannot be disposed of by agreement of the Parties shall be settled by binding arbitration to be held in Huntsville, Alabama, in accordance with the rules of the American Arbitration Association. Judgment upon the arbitrators’ award rendered in such arbitration may be entered in any court with jurisdiction thereof. Disputing Party agrees to provide certification that data supporting any claim made hereunder is made in good faith and that the supporting data is accurate and complete to the best of Disputing Party’s knowledge or belief. If any claim of the Disputing Party is determined to be based upon fraud or misrepresentation, Disputing Party agrees to defend, indemnify, and hold the other party harmless for any and all liability, loss, cost or expense resulting therefrom.
Notwithstanding the foregoing, nothing contained herein shall preclude either Party from seeking injunctive relief from any judicial forum by which such relief can be granted in the event of a threatened release of trade secrets or other confidential information of the other Party. Venue and jurisdiction for all such suits or other legal redress shall lie in the state and federal courts located in Madison County, Alabama. The Parties hereby submit themselves to those courts’ jurisdictions.
Either Party shall indemnify and hold harmless the other Party, its principals, shareholders, directors, officers, affiliates, assigns, successors, agents, attorneys, and employees against and from any and all damages, liabilities, claims, or causes of action, including attorney’s fees, arising out of its breach of this Agreement, violation of law, gross negligence or willful misconduct, and infringement of a third party’s intellectual property rights.
Relative to consultations, Trainer/Speaker/Coach will maintain strict confidentiality on matters discussed with the following exceptions: (1) if Client directs Trainer/Speaker/Coach to tell someone; (2) if Trainer/Speaker/Coach believes Client is a danger to themselves or others; and/or (3) if Trainer/Speaker/Coach is ordered by a court to disclose information.
By purchasing this service, Client acknowledges that Seller and Client may work together in the manner described above. Client acknowledges that Seller makes no promises other than what is outlined above and, although most of Seller’s clients experience greater professional success, improvement in their relationships, and an increased sense of well-being, Seller cannot guarantee desired results. Client also understands that Seller is not aware of any risks or negative side effects associated with these processes and treatments.
Client hereby acknowledges receiving and reading the foregoing Consent for Training/Coaching and freely elects to receive Services under the stated terms. Client releases Trainer/Speaker/Coach and HigherEchelon, Inc. from any and all claims of medical malpractice, non-disclosure or lack of informed consent. Client hereby assumes any and all risks of the treatment whether presently contemplated or hereinafter discovered. Please be aware any internet-based communication is not 100% guaranteed to be secure/confidential. Client agrees that neither Trainer/Speaker/Coach nor HigherEchelon shall be held responsible if any outside party gains access to telephone communication, texting, FaceTime, Zoom, or Skype’s personal or confidential information by bypassing security measures.
Client further acknowledges being informed that Trainer/Speaker/Coach is not licensed under the laws of this or any State to practice any form of medicine; that Coach will not diagnose nor prescribe for any condition or problem for which Client may appear to be suffering; that Trainer/Speaker/Coach recommends that should Client experience physical or mental ailments; Client should consult a licensed medical doctor. Client further understands that no guarantees or promises of cures have or will be made and that any benefit that Client may experience comes from within Client.
For more information on any of our HigherEchelon team building events, please book an appointment below or contact steven.spaulding@higherechelon.com (603) 443-1511 to design the best solution for your needs.
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