Private Client with Elizabeth Faye
2023 COACHING SERVICES AGREEMENT
THIS COACHING AGREEMENT (“Agreement’) is made effective immediately following the completion of purchase, by and between Elizabeth Faye Salon LLC, doing Business as Hair Love University (“Company”) and Purchaser (“Client”) signing.
WHEREAS, Company is a provider of business coaching services; and Client desires to be provided with such services by the Company. Company agrees to provide such services to the Client in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and obligations hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree to the following terms of this Agreement:
SERVICES shall be followed and agreed to as outlined within Client’s checkout page on Thrivecart. Upon purchase and checkout the Client agrees to the services outlined within the purchase page and the below terms.
PAYMENTS shall be followed and agreed to as outlined within Client’s checkout page on Thrivecart. The Client shall select only from the payment terms as stated on the checkout page. Payment plans may not be altered once the purchase is completed unless the Client choose to complete payments early.
Breathwork Agreement
You came here to breathe & claim your power in this world.
Somatic Release Breathwork helps you feel, express, and release the stress and pressure of life in a safe way. That way you can fill that space up, with your magic.
Let's breathe together.
Please create a comfortable place for you to lie down on the ground that you will not be disturbed. Use yoga mats, blankets etc. Have a water bottle and journal near. To make this experience more enjoyable, use high quality audio/headphones.
Somatic Release Breathwork™ is an embodiment experience. It takes you out of your thinking mind and into your body’s electrical network. It lets you release unneeded energy within this network caused by repeating thoughts, feelings, and old narratives by discharging it out through your body.
Your nervous system is the electrical network of your being. Over time, unresolved trauma or chronic stress causes dis-regulation of this network. When dis-regulated, difficulties in your personal or professional life arise. When you heal trauma and stress, you heal the electrical network of your nervous system. When you heal the nervous system, you heal the emotional self so your authentic self can emerge.
Somatic Release Breathwork™, employs circular connected breathing coupled with rhythmic music to produce a cathartic emotional release. This release may be in the form of moving, shaking, yelling, crying, or laughing. Using the breath, you will engage your innate ability to heal and sweep out any defenses, blockages, restrictions, or pains that hold you back from who you are and how you want to show up in this world.
By purchasing this container you agree to these terms:
I acknowledge that Somatic Release Breathwork™ is a deep and powerful process. It involves rapid and prolonged breathing that is designed to activate intense emotional responses. I have notified the practitioners of any physical injuries, mental or psychological conditions I have. I engage in this experience willingly and take full responsibility for my own physical, mental and emotional experiences during and after the session.
Contraindications:
Somatic Release Breathwork™ is intended as a personal growth experience and should not be looked upon as a substitute for psychotherapy. It is not appropriate for pregnant women, for persons with cardiovascular problems, including angina or heart attack, high blood pressure, glaucoma, retinal detachment, osteoporosis, history of seizures, stroke, major psychiatric conditions, recent surgery, acute infectious illness or epilepsy. If you have any doubt about whether you should participate, please consult with your physician(s). Persons with asthma should bring their inhaler and consult with their physician(s).
Release:
I have chosen to participate in SRBW™. My choice has been voluntary and I may terminate my session at any time. I understand that there is no assurance that I will feel better and that emotions may be evoked that will be upsetting in nature. I understand the potential risks of participation and hereby agree to release and hold harmless Hair Love Retreat & Elizabeth Faye and facilitators of SRBW™ from any and all legal responsibility or liability for outcomes experienced as a result of the Somatic Release Breathwork. I or my representative(s) agree to fully release and hold Elizabeth Faye and Hair Love and facilitators of SRBW™ harmless from and against any and all claims,liability, or damages - arising out of or in connection with my session(s).
Attestation of good health
I hereby confirm that I have read and understand the above information and attest that my general health is good to participate.
TERMS AND CONDITIONS
SERVICE AGREEMENT
Guarantee: Pricing reflected in the Client’s checkout page is guaranteed for the duration of this container. If this Agreement is changed or updated, or pricing changes after such, Client will need to enter into the then-current Agreement to retain the services of Company. Following such period, then-current prices (as determined by Company) will apply for all items ordered thereafter, for example, additional services or hours on the a la carte menu.
Scope: The scope of Services to be performed shall be outlined within the checkout page of purchase. Upon completion of purchase the Client agrees to all services stated.
The Parties acknowledge and agree that during the term of this Agreement, the Services may be modified and/or expanded upon express written agreement executed by the Parties jointly referencing this Agreement. The agreed Services cannot be exchanged, subtracted from, downgraded, or “swapped out” for any alternate services, but may be added onto on an itemized basis for additional services above and beyond those initially contracted for. Client will not receive a refund under any circumstance for unused and/or unwanted services.
Out Of Scope: The Company maintains the right to decline any work not detailed in this Agreement. The Company does not promise any particular outcome, and relies entirely on Client’s disclosure of information, timeliness, and full cooperation as well as abiding by all policies and procedures as set forth in this agreement.
Scheduling: Upon execution of this Agreement, the Company will coordinate scheduling for all coaching meetings throughout the duration of the Services Date Range. The number of meetings included for each Client are specifically denoted within the Client’s checkout page.
Rescheduling. The Company understands that due to unforeseen circumstances, cancellations or requests to reschedule may need to be made. It is asked that both parties try their best to not reschedule and if it is an emergency on either end we do our best to give ample notice, 72 hours or more is ample, but more notice is appreciated. In the case of a true emergency, we understand and will accommodate the move. If calls need to be rescheduled, the Company may only have limited availability and it may be pushed out. If a time cannot be found within the agreement term it shall be noted that the missed call will be forfeited by the Client.
More than 3 reschedules will lead to a call being forfeited but no refund. If you don’t show up to a scheduled appointment with any notice you forfeit your call and it may not be rescheduled at any time.
No refunds will be given for canceled or rescheduled meetings that are not completed. All calls must be completed within the window of time that is noted on the purchase page.
Failure to Attend. Failure to attend a meeting without notice altogether will result in forfeiture of the entire meeting, and no refund will be offered, although a reschedule may be attempted at the Company’s sole discretion. It is within the sole discretion of the Company to offer make-up meetings for any missed sessions.
Rescheduling by Company. If the Company is unable to perform the duties under this Agreement due to illness, emergency, fire, casualty, strike, act of God, or other causes beyond the control of the Company, the Company will inform the Client know as soon as reasonably possible and shall reschedule the meeting with the Client without penalty with availability around the Company’s schedule.
Additional Meetings. If Client requests additional meetings, they may be charged additional fees based on the Company’s hourly rate of [$1,000 USD] per hour. Up to 3 meetings may be scheduled based on the Company’s availability at the time of inquiry.
Communication: Once Services begin after completion of payment and this Term Agreement, the Company’s primary source of communication with the Client will be through email when it comes to booking appointments & Voxer when it comes to coaching support with Elizabeth. The Company’s office hours are Monday-Friday 10-4pm mst starting on the dates specified within the purchase page, and communication may be limited during the weekend and upon travel notification.
Coaching Style: The Company’s individual business coaching Services are primarily focused on helping entrepreneurs intentionally heal trauma, improve their life and grow their business through coaching & breath work. The Company will provide life & business foundational explorations and assist the Client in forming business plans, strategies, insight and solutions, as well as making recommendations and answering Client’s questions. The majority of the Client’s development will take place on the individual Zoom meetings, but the Client will also have access to Voxer & email to the Company for communications between sessions.
FEES
Payment Schedule: The Client agrees to abide by any and all payment due dates that they selected upon completion on the purchase page. If Client selects a payment plan the client shall be automatically charged on the terms selected at the time of checkout. (i.e. every 30 days from after the date of purchase if a monthly payment was selected).
Payments and Credit Card Authorization: Client authorizes Company to keep credit card on file and Client will provide the correct credit card information. Payments may be auto-charged according to the above-referenced Payment Schedule, and receipts will be delivered to Client via email for every payment. The Client is responsible for keeping their credit card information up-to-date and accurate at all times. Credit card information is kept confidential and secure by the Company. The Company is authorized to run the credit card on file for any outstanding payments, owings, or liabilities.
Outstanding Payments: Time is of the essence with respect to payments due to Company. If Company does not receive the agreed scheduled payment within 10 business days after its due date, then, the Client agrees to pay Company a late fee of $350.00 of the amount of such unpaid payment. After 30 days, the Client will be subject to an additional $350.00 charge due date to the payment date. Client agrees to pay all costs, including debt collection agency fees and solicitor’s costs, that Company may incur in taking steps to recover any money that Client owes to Company, whether or not legal proceedings are advanced for recovery of the monies.
Any late payments will result in the Company suspending Services immediately until the invoice is paid in full. The Company has the right to decline continuing Services if payment has not been paid in full within 10 business days of any payment due date.
Any services missed due to a failed and/or late payment by the Client shall be considered forfeited and not rescheduled.
Refunds: All payments are non-refundable in nature and will be retained by the Company as liquidated damages, as the Company will begin, or continue, to progressively work with the Client and turn away other opportunities in expectation of providing ongoing Services.
RESPONSIBILITIES + EXPECTATIONS
Cooperation: The Parties agree to positive cooperation and communication for the best possible result. Parties agree to the below duties, responsibilities, and expectations herein, and Client understands their disclosure of information, timeliness, and full cooperation as well as abiding by all policies and procedures is essential to maximizing results.
Expectations: To ensure the Company and the Client are on the same page, the following expectations
The Company expects the following from the Client:
Ask for what you need
Claim responsibility for your success
Participate and engage fully in the material and in the community
Co-create the coaching experience by participating fully
Provide honest feedback when prompted (and at the Client’s own discretion)
Keep an open mind, honesty, trust, clear communication during and between meetings
Complete any initial and/or ongoing meetings as scheduled
Complete tasks as agreed in the meetings
The Client may expect the following from the Company:
The Services performed by the Company will be performed in a professional and workmanlike manner;
The Company will complete all ongoing meetings as scheduled
The Company will guide the meetings and set the Client up for success
The Company will be available via Slack or email to brainstorm, review work, offer support, accountability, expert guidance and encouragement, and be a sounding board and resource for emotional and logistical challenges
The Company will respond to your questions in a timely manner & if we are OOO for retreats, events or sick leave we will let the client know with ample notice.
The Company will stretch you to perform at a higher level and push yourself
Record Retention: Following the conclusion of this Agreement and Services, the Company will maintain Client’s communications, documents, information, notes, and records through the period of the Clients container, Client is responsible for saving anything they would like to keep. It is the Client’s responsibility to secure all information and data within that time period.
RIGHTS
Confidential Information: Each party acknowledges that in connection with this Agreement it may receive, disclose or provide access to certain confidential or proprietary technical and business information and materials of the other party, including but not limited to information relating to business plans, products, product samples, costs, sources, strategies, inventions, procedures, literature, technical advice or knowledge, contractual agreements, pricing, price lists, product specifications, trade secrets, procedures, distribution methods, inventories, marketing strategies and interests, designs, drawings, work sheets, concepts, samples, inventions, manufacturing processes, computer programs and systems (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations by providing Services, except as may be required by a court or governmental authority. All Confidential Information shall remain the property of the Disclosing Party.
The Company may own, possess, and/or control certain trade secrets, copyright and other proprietary and confidential information acquired through the expenditure of time, effort, and money. Client agrees to use all best efforts to protect Company’s interest in the Confidential Information and keep it strictly confidential. This includes a covenant to not directly or indirectly disclose, allow access to, transmit, or transfer the Confidential Information to any third party, including but not limited to online forums, social media, blog posts, and any other medium without the Company's prior written consent.
Further, the Company will keep all Client’s disclosed information private, and will not share the Client’s information to any third party, unless compelled to by law.
Ownership of Original Work Products: The copyright for all products, courses, journals, instructions, or deliverables created hereunder for Client, or for which access is provided to Client, shall belong to the Company. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of the Company. This Agreement does not grant Client any license to sell or distribute any of the Company’s products, which must be separately licensed. Client agrees not to infringe on any copyright, patent, trademark, trade secret, or any other intellectual property rights of Company. If Client violates or displays a likelihood of violating any portion of this Agreement, Company will be entitled to injunctive relief to prohibit any such violations and protect against harm of such violations. Should such violation occur, the Company will automatically be entitled to monetary damages.
All proprietary information and work products derived under this relationship for the Client or created and developed for the Client will be the exclusive property of the Party to whom the information originally belonged. There shall be no transfer of intellectual property under this Agreement. All copyrights, trademarks, patents, and original ideas shall stay with the original party owner.
Non-Solicitation. The Client acknowledges that by engaging in Services with the Company, the Client will potentially obtain access to the Company’s clients, client lists, business plan, business model, and other sources of confidential information. The Client agrees and acknowledges that such confidential information is important to the business of the Company and will not misappropriate any knowledge gained during the term of engagement for the Client’s own commercial or other purposes. The Client agrees that during the entire term of the relationship, and for a period of one calendar year from the conclusion of the assignment, the Client will abide by the following provisions:
Client will not solicit or attempt to solicit any business from an active client of the Company for the same Services or purposes of this Agreement.
Client will not disrupt, impair, interfere, or hinder the business of the Company in any manner, including, but not limited to, soliciting, inducing, or attempting to solicit or induce any employee, vendor, client or business from severing their relationship with the Company.
Non-Disclosure: By participating in Company’s Services, Client will be given access to the community-aspect of Company’s business which includes other clients, businesses, and individuals. Client agrees to comply with all policies and community guidelines, in addition to the terms and conditions of this Agreement, and operate in good faith with respect and positivity when interacting in the community. Individuals may share confidential business information, which the Client is expected to recognize and maintain confidentiality. Client may not share any other third parties information disclosed within group settings without express written permission of the individual. Community membership, in addition to these Services herein, may be terminated for any violation of policies, procedures, expectations, or this Agreement with no refunds issued.
Release: The Company shall be permitted to use Client’s information, such as name, business name, and positive remarks, testimonials, or other verbiage, in Company’s professional portfolio and for marketing and advertising purposes. The Client may provide imagery or specific verbiage to the Company for these purposes and irrevocably authorizes the Company to utilize their information for such purposes in the Company’s sole discretion. The Company will pursue express written permission for screenshots and sharing of other confidential information prior to sharing Client’s name, likeness, or identifying details. All non-identifying information may be utilized by the Company for marketing and advertising purposes without express written permission.
By providing any express written consent and/or express imagery and verbiage to the Company for advertising purposes, the Client waives any right to inspect, approve, or withdraw the finished product wherein their likeness or testimonial appears. Client hereby holds harmless and releases Company from all claims, demands and causes of action by reason of this authorization.
Harassment and Safety: Company has a zero tolerance policy with regards to abusive, demeaning, condescending and/or manipulative behavior of any kind to include, but not limited to: verbal, mental, physical or emotional distress. The Company has the right to immediately terminate all services if the Client is acting inappropriately towards the Company or any of its agents, or exhibiting threatening, hostile, or offensive behavior, verbal abuse, or in the event that the safety of any member of the Company is in question. If the Services are terminated early, all monies paid shall be retained by the Company, and the Company will be released and held harmless as a result of incomplete services. The Client also hereby waives any rights it had under this contract should it be found to have breached this policy.
No Transfer: Client cannot transfer, assign or novate this contract to anyone else without the Company’s advance permission in writing, which the Company may choose to give subject to additional conditions.
Staff: Company is free to assign and appoint any associate coaches, assistants, interns, and other reasonably necessary staff of Company at their discretion in completing Services.
Relationship: In providing the Services under this Agreement it is expressly agreed that the Company is acting as an independent contractor and not as an employee. The Company 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 Company. The Company is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Company under this Agreement.
Non-Exclusivity: The Company may engage with providing Services and coaching to other similar entrepreneurs and businesses in any and all industries. The Company is not exclusive to the Client or the Client’s industry, which does not place the Company in a direct conflict of interest with the Client. The Client hereby explicitly agrees the Company may be engaged with direct competitors of the Client, and Company will continue to safeguard confidentiality and confidence of Client’s business.
TERMINATION
Without Cause: Services will be automatically terminated upon conclusion of the Service Date Range and/or fulfillment of all agreed upon amount of meetings in accordance with the terms and conditions of this Agreement.
For Cause: Either Party may terminate this Agreement at any time in the event of a breach by the other Party of a material covenant, commitment or obligation under this Agreement that remains uncured: (i) in the event of a monetary breach, [Number of Days (14)] calendar days following written notice thereof; and (ii) in the event of a non-monetary breach after [Number of Days (14)] days following written notice thereof. Such termination shall be effective immediately and automatically upon the expiration of the applicable notice period, without further notice or action by either Party. Termination shall be in addition to any other remedies that may be available to the non-breaching Party. All payments shall remain non-refundable and any additional payments owed by Client will be due within [Number of Days (30)] business days.
Withdrawal: Should the Client elect to withdraw from this Agreement, the Client must notify the Company immediately. Withdrawal from the Services may be communicated via email. Upon withdrawal, an additional [$1000] cancellation fee will be issued, payable within [10] days of the notice to the Company. If there is any remaining payments from the original purchase amount of the agreed purchase amount the Client shall complete remaining payments in no more than [30] days from the date of the withdrawal letter.
Notice: Notice may be sent to the following contact information: [email protected]
Acknowledgement: Should this Agreement be terminated For Cause or upon Withdrawal by Client, the Client understands and acknowledges the forfeiture of a positive relationship and the benefits of the relationship with the Company. The Client will no longer receive referral bonuses and any perks from the Company.
NON-GUARANTEE
The Services to be performed hereunder are business coaching and consulting, leadership skills and training, and personal development coaching. The Company does not warrant in any form any certain or specific earnings, results, success, or achievements in relation to the Services provided. The Company warrants the Services will be performed in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. The Company shall comply with all statutes, ordinances, regulations and laws of all international, federal, state, county, municipal or local governments applicable to performing the Services described herein.
Client agrees and understands the Company is not providing the professional services of an attorney, accountant, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client will be directed to the appropriate service provider. No legal, financial, accounting, or other kind of professional advice will be given.
INDEMNIFICATION
Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold the other party and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising out of the Indemnifying Party’s (i) negligence or willful misconduct or (ii) its material breach of any of the terms of this Agreement. The Indemnifying Party’s liability under this Section shall be reduced proportionally to the extent that any act or omission of the other Party, or its employees or agents, contributed to such liability. The party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement of the Indemnifying Party, and shall cooperate with the Indemnifying Party, its insurance company and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claim in which there is a failure to give the Indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim.
LIMIT OF LIABILITY
Except for the Parties’ Confidentiality obligations under Section IV(A) of this Agreement and Indemnification obligations under Section VII of this Agreement, in no event shall either Party be liable under this Agreement to the other Party for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including but not limited to lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to goodwill or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Subject to the Client’s obligation to pay the Fees to the Company, each Party’s entire aggregate liability for any claims relating to the Services or this Agreement shall not exceed the fees paid or payable by the Client to the Company under this Agreement in the twelve (12) month period immediately preceding the events giving rise to such liability. This section shall survive the termination of the Agreement.
FORCE MAJEURE.
Each of the following shall be defined as a “Force Majeure Event”: (a) acts of God; (b) casualty or natural disasters (including, without limitation, fire, earthquake, explosions, hurricane, flooding, storms, blizzards, infestations, epidemic, or pandemic); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, or other civil unrest; (d) government order, law, or act (or failure to act); (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, lockouts, labor disputes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) personal incidents such as accident, death in the family, illness, medical or health condition, or sudden tragic circumstances; or (j) any other reason not within the reasonable control of the party delayed in performing (whether similar or dissimilar to the foregoing events).
If either party shall be prevented from performing under this Agreement by reason of a Force Majeure Event, then such non-performing party shall not be in default under or in breach of this Agreement as a result. The non-performing party shall give notice of its inability to perform to the other party within five (5) days after the Force Majeure Event, though performance shall still be excused even if notice isn’t given. The non-performing party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event, and the non-performing party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. The provisions of this Section shall not operate to excuse timely payment under this Agreement.
GOVERNING LAW + RESOLUTIONS
This Agreement will be governed by and interpreted in accordance with the laws of the State of [State Where Your Business Is Located] without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in [County Where Your Business Is Located], [State Where Your Business Is Located]. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall first be attempted to be settled in good faith by both parties by both negotiation and mediation, and after thirty (30) days of such, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Company’s location. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
If either party to this Agreement brings a legal action against the other party to collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs and expenses incurred in the action in addition to any other relief that may be awarded.
MISCELLANY
This Agreement incorporates the entire Agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement, nor shall a waiver of any provision be deemed a continuing waiver in the future.
If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.
This Agreement may be executed by a party's signature transmitted by facsimile, and copies of this Agreement executed and delivered by means of facsimile signatures shall have the same force and effect as copies hereof executed and delivered with original signatures.
By completing the purchase within the Client’s purchase page they acknowledge acceptance of these terms. It is recommended you print a copy for your records. I have read and understand the terms of this entire Agreement and I hereby agree to be bound by the terms of this Agreement. The Parties hereby agree to the terms of this Agreement above.