HEADING – RECITALS - DEFINITIONS
The headings in this Agreement are for convenience or reference only and have no legal meaning, force, or effect. The recitals, however, are incorporated as a substantive part of this Agreement.
- “Client” means any person or entity that purchased services or products from the Company during the terms of this Agreement and with whom the Client is associated as part of the Program. - “Client’s Information” means the address, telephone, credit card information, and any further information required to fulfill this Agreement.
- “Confidential Information” means any private information or Proprietary Information of the Company and/or its Clients and/or any other third party lists, data, and information the Company receives and confidence from any other individual or entity, or any other secret or confidential matters of the Company or its Clients.
- “Disclosing Party” means the individual or entity that discloses Confidential Information to another individual as part of the Program or under this Agreement.
- “Proprietary Information” means all information and know-how, whether or not in writing, of a private, secret, confidential nature concerning a party’s business or financial affairs, or Intellectual Property. It may include inventions, products, copyrighted materials, processes, methods, techniques, formulas, compositions, compounds, projects, developments, plans,
research data, technical data, source code, object code, software programs, financial data, personnel data, computer programs, and Customer and supplier information.
I.- THE PROGRAM
a) Content:
“Autism Transformation & Success” (“The Program”) is a 6-month (ATS 6MD ELITES) Program coached by Dr. Tasnuva Sarwar Tunna.
Autism Transformation & Success is a life-changing intensive designed specifically for autism mothers who do not accept that their non-verbal autism child is any less than neuroatypical kids and they just need the right guidance to become verbal, social, happy, healthy, and successful. 
During the period, different topics will be discussed with the Client. Each week, there is a new subject to approach. The Client will be provided a link to access the Content. Each week, a new module will be released. When purchasing, the Client gets access to a link and will be informed of the group calls, and will also have the possibility of booking additional sessions with the Coach. The calls will take place each week on the same day and time. The calls will be held on the same day and time each week (see rescheduling policy below).
The Client gets full email support during the duration of the chosen Program based on the OFFER made from the Coach (or as decided by the Coach), who will be available on [email protected].
The Client gets lifetime access to the Program and unlimited access to email during its duration. After the stipulated time, the Client will no longer be available to book sessions and/or have access to the Coach.
Content:
- We help you deeply understand yourself as a mother and your mindset, inner talk, mental, and emotional aspects that make you the way you are.
We help you identify patterns in your belief systems and influences of others in your life, both as your childhood and your adult parenting self. We also examine your blocks to success and some of your subconscious patterns, because these are guaranteed to be factors in your child’s recovery journey too, and the better you navigate blocks yourself, the more powerfully you can lead your child and family members to follow you.
We help you realign your physical health, stamina, mental focus, and psychological health, which gives you all the energy and resources you need to be the solid support and foundation for your child’s recovery and success.
- We help you deeply understand your child’s needs and why they behave and struggle the way they do.
We do this by tutoring you through the different aspects of the connection between his body and the brain and mind. This helps you to truly understand what your child feels, understands, and how he/she sees the world.
We use research-based holistic guidelines and information to help you deeply understand the reasons for the behaviour, mood, meltdown, negative behaviours and actions, sleep troubles, learning disability, social anxiety, and lack of ability to survive and be independent. We help you learn how to tackle his behaviours, improve his mood, make him happy, and slowly adapt to the world. This means more social interactions, siblings and peer play, doing great in school, and there’s no need for special education for your child so forth.
- We teach you a simple, effective, and powerful way to make him eat a healthy diet effortlessly. We help you to build a proper gut-healing and brain-developing Diet and Lifestyle that suits your preference and point of life. This will banish picky eating patterns and food aversion from your child’s pattern, and feeding healthy food becomes easy, simple, and effortless. - We teach you to heal your body and brain, in that will start to remove the barriers to learning and development and ensure a smooth transition to school.
The Heal and Seal pillar of our proprietary 5 Pillars Protocol will teach you to feed a wholesome, nourishing, detoxifying, rejuvenating special diet that will heal your leaky gut and associated inflammatory symptoms. Get ready to let go of constipation, withholding, potty training, anxiety, and mood woes that now plague your daily life.
- We help you become a Self-sufficient and all-around parent for all your child’s future needs that will arise as they develop and grow
Our 4th and 5th Pillars of Nutrition and Maintenance have been built to make you so. We provide you with all the future trappings and guidelines you need to be able to keep working and getting better and better results as your child grows older.
Your child will become a well-read book rather than an autism puzzle piece that you just can’t crack.
Also included in the Program: Self-Care Program Workbook, Access to the Facebook Group Community with the other participants, recorded coaching calls, FB Messenger/Email Support.
b) Appointments:
During the ELITES 6MD program, the Client gets 3, 1:1 appointments with the THREE Coaches (DETOX, DIET & LIFESTYLE) and ONE group class per week. The Client must be on time for all meetings.
- Tardiness/Absenteeism: The Client must be on time for all meetings. If lateness is unavoidable, contact the Company within the first 10 minutes of the live call. For Group calls, missing a session does not extend your program. You will be able to listen to the replay of the call you missed (if available). Even if you cannot be in attendance, we recommend that you complete your assignments. For Private calls: If the Client does not arrive at the session within 10 minutes of its scheduled start time and has not advised the Company and/or Coach of the reason for the Client’s lateness, the Client will be deemed a “no show”. The session WILL NOT be rescheduled, and the Client may be assessed a $50 cancellation fee.
- Rescheduling policy: If the Company needs to reschedule your appointment for the live call, they will contact you no later than 24 hours before the meeting was scheduled. If you need to reschedule your appointment, please contact [email protected], no later than 24 hours before your live call. If the Client contacts less than 24 hours, the first time, the Coach will reschedule; however, after the second time, the Client will lose all possibility of rescheduling and will not be allowed in 1the :1 program in the future.
- Cancellation policy: The Coach will not cancel any appointment. If the Client needs to cancel any appointment, they need to send an email to [email protected]. The Client will lose the session for the week. The Company will not be responsible for this.
- Note: The Coach and Company will not be available during Muslim Festivals. If any appointments are taking place during any of those dates, the Company will reach the Client to reschedule.
II.- PAYMENT
The program's regular cost is 5555 USD. The entire Program fee is due upon acceptance into the Program.
The Client pays it, and it is non-refundable. The entire Program is due upon acceptance into the Program. While the Company may enter into a payment plan for the Client to make periodic payments, the Client is irrevocably liable for the Full Program Fee.
In order to have access to the Program, the Client will provide credit card information, and an invoice will be sent together with a Welcome email from the team.
- Cancellation and Refund Policy: The Program is nonrefundable and non-cancelable. No funds will be issued. The purchase is deemed completed upon submission and acknowledgement that the form of payment provided in connection with the transaction may be charged by The Company. The Client will not be able to cancel. Client retains no right to cancel his Agreement, and any attempt to do so will be deemed a default. The payment plan offered in this agreement is done as a courtesy. The full payment is due at the time of agreement, and the payment option is offered only as a courtesy.
- Payment Plan:
b) Client will make at least 50% (or FULL 5555$) payment before getting access to the services and is required to pay the remaining amount if the upfront has been paid within 150 Days of the Upfront payment to have the Program paid in full.
c) Payment will be processed on the offer or whenever the Client joins.
d) Client’s payment will be processed on the Due Date without further action on the Client’s behalf. e) Client’s payment plan must be current for the Client to be a program member. f) Should any payment issues arise, the Client must contact the Company at dr.
g) Updates or requests to change payment due date not received 10 days before the next scheduled processing day may not be honored.
- Payment authorization: This Agreement is not an installment contract. By completing and signing it, the Client authorizes the Company to charge the Client’s credit card as payment for the Program. All Program purchases are subject to bank authorization before processing. Only authorized purchases will be processed.
For any inconvenient or details on the authorization, the Client should contact the issuing bank’s customer service. Because this process is specific to each bank, the Company cannot assist with the removal of authorization holds.
If the Company accepts the Client into the Program, the Client will pay the Program fee in full to have access to and the opportunity to participate in the Program.
- Declined Payments: Should payment processing be unsuccessful on the first attempt, the Company will process the scheduled payment each day for the subsequent 3 (three) days. Any payment declines not resolved within this 4 (four) day time frame will incur a collection fee of $50.00, without exception.
- Missed payments: Upon acceptance into the Program, the Client agreed to the full Program fee and payment plan. Any payment missed is due and subject to a $ 50.00 fee each month if a payment equal to the minimum monthly payment based on the full payment is not received. - Termination of Payment Plan and Suspension of the Program Benefits for Nonpayment: If attempts to process the Client’s payment on Due Date for 3 (three) separate billing cycles, the Payment Plan will be terminated and the balance of the Program fee, any collection or ancellation fee and any legal fees and costs will be due in full before the Client may continue the Program. Declined payments do not relieve the Client of the Client’s obligation to pay the Program fee in full.
III.- COMPANY’S RESPONSIBILITIES
The Company commits to:
a) Provide a Program of 24 weeks and 96 live calls, weekly email access during the Program, and access to group post support will be 1 year for Foundation and 2 years for Mastery students, with lifetime access to consume content.
b) Guide the Client through the whole process, help overcome limiting beliefs. c) Offer a progressive program, which means each piece builds on the preceding one, and we require clients to do things in order. We will guide you through the process. d) Grant access to the online course as part of this program that houses all the essential trainings, guidelines, and tutorials for the Client to learn, grow, and experience Autism Parenting. e) Provide customized feedback on all the guidelines and protocols.
f) The Coach will show up to the coaching calls each week ready to support you in achieving your goals.
g) The Coach will be honest with the Client about what to expect and the steps the Client needs to take to reach goals.
h) The Coach will work with the Client to overcome barriers that stop him/her from achieving is/her goals and help him/her find solutions.
DISCLAIMER
The Company, the Coach, and the Program are not employed by the Client. There are no financial analysts, business managers, therapists, accountants, managers, or attorneys. By signing this Agreement, the Client understands that the Coach has not promised, shall not be obligated, and will not:
a) Procure or attempt to procure employment or business sales for the Client; b) Perform any business management functions, including but not limited to accounting, tax, or investment consulting, or advice with regard thereto;
c) Act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy; d) Act as a public relations manager;
e) Act as a publicist to procure any publicity, interviews, write-ups, features, television, print, or digital media exposure for the Client;
f) Introduce the Client to the Coach’s full network of contacts, media partners, or business partners.
The Client understands that a relationship does not exist between the Parties after the conclusion of this Program. If the Parties continue their relationship or the Client is interested in a different Program offered by the Company, a separate agreement will be entered into.
The Company assumes no responsibility for errors or omissions that may appear in any program materials.
IV.- CLIENT’S RESPONSIBILITIES
The Program is developed for strictly educational purposes ONLY. The Client accepts and agrees that the Client is 100% responsible for their progress and results from the program. The Company, the Coach, and the Program make no representations, warranties, or guarantees verbally or in writing. The Client understands that, due to the nature of the program, to an extent, the results experienced by each client may significantly vary. The Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital, and there is no guarantee that the Client will reach their goals as a result of participation in the Program.
The Client is responsible for attending each live call with the Coach and watching the replays, working through each module, handing in the assignments, exercises, and any other work requested by the Coach, whether it is a private or group call. The Client will participate fully in the group sessions for the benefit of all members.
The Client is committed to his/her goals for this program and will ask for support and help when needed.
V- AUTHORIZATION AND RELEASE INFORMATION
By signing this Agreement, the Client understands his/her testimonial made on behalf of the Company and/or the Coach may be used in connection with publicizing and promoting the Company and/or Coach. The Client authorizes the Company and/or Coach to use his/her name, brief biographical information, and the Testimonial provided.
The Client authorizes the Company to copy, exhibit, publish, or distribute the Testimonial for purposes of publicizing the Company and/or Coach’s programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites, or in any other distribution media. The Client agrees that he/she will make no monetary or other claim against the Company for the use of the statement.
The Client releases the Company and/or Coach from all claims, demands, a nd causes of action which the Client, his/her heirs, representatives, executors, administrators, or any other persons
acting on his/her behalf on behalf of his/her estate, has or may have, because of this authorization.
VI.- CONFIDENTIALITY
The Company respects the Client’s privacy and insists that the Client respect the Company, the Coach, and the Program’s privacy. Thus, this is a mutual non-disclosure agreement. Confidential information shared by the Client throughout the Program is confidential and belongs exclusively to the Client. The Parties agree not to disclose, reveal, or make use of any other Confidential Information or any transactions during discussions. The Client agrees not to use such Confidential Information in any manner other than in discussion during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both parties will keep Confidential Information in the strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. The Client agrees not to violate the Company’s publicity and/or privacy rights. Furthermore, the Client will NOT reveal any information to a third party obtained in connection with this Agreement or the Company’s direct or indirect dealings with the Client, including but not limited to: names, email addresses, third party company titles or positions, phone numbers, or addresses. Additionally, the Company and the Coach will not, at any time, either directly or indirectly, disclose confidential information to a third party. Further, by purchasing this Program, the Client agrees that if he/she violates or displays any likelihood of violating this session, the Company and/or the Coach will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
The live calls are recorded with the sole purpose that the Client can listen to them as much as needed. The Company and the Coach guarantee that any information will not be disclosed.
VII.- TERMINATION
This Agreement will automatically terminate after the Program ends in 24 weeks mentioned in the OFFER (or as decided by the EO Coach). After that time, this Agreement is deemed ended; however, if there are remaining payments, the Client must still pay the Program in full, as stated
above. The Client will still have access to the content of the Program, but access to the Coach will not be available.
By purchasing this Program, the Client accepts that the Company may, at its sole discretion, terminate this Agreement and limit, suspend, or terminate the Client’s participation in the Program without refund or forgiveness of a monthly payment if the Client becomes disruptive to the Company and/or the Coach, if the Client fails to follow the Program guidelines, is difficult to ork with. The Client is still liable to pay the total contract amount.
VIII.- NO RESALE OF SERVICES PERMITTED. PERMITTED The Client will not reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes (other than intended as part of the Program) any portion of the Program, including course materials, use of the Program, or access to the Program. This Agreement is not transferrable or assignable without the Company’s prior written consent.
IX.- LIMITED LIABILITY
Except as expressly provided in this Agreement, the Company, the Program, and the Coach make no guarantees, representations, or warranties of any kind or nature, express or implied, concerning the coaching services negotiated, agreed upon, and rendered. In no event shall the Company, the Program, or the Coach be liable to the Client for any indirect, consequential,l special damages. Notwithstanding any damages that the Client may incur, the Company, the Program, and the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount paid by the Client for the Program.
X.- DISPUTE RESOLUTION
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client agrees to attempt to mediate in good faith. If the dispute is not resolved, and in the event of legal action, everything will be settled by the laws of the Province of Ontario, unless the laws of the Canadian province or territory in which you reside require that the laws of such jurisdiction apply to this Agreement.
XI.- SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
XII.- WAIVER
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
XIII.- APPLICABLE LAW
This Agreement shall be governed and construed by the laws of the Province of Ontario, unless the laws of the Canadian province or territory in which you reside require that the laws of such jurisdiction apply to this Agreement.
XIV.-WAIVER OF JURY TRIAL
The Parties waive all rights to a trial by jury in any action, counterclaim, or proceeding based upon, or related to, the subject of this Agreement. This waiver applies to all claims against all parties to the actions or proceedings, including individuals or entities that are not parties to this Agreement. This waiver is knowingly, intentionally, and voluntarily made by the parties, and Ch acknowledges that neither the other parties hereto, nor any person acting on their behalf, has made any representations of fact to induce this waiver of trial by jury or to modify or nullify its effect. The parties have read and understand the meaning and ramifications of this waiver provision.
XV.- FORUM SELECTION
Any action brought under this Agreement must be brought in the province of Ontario, unless the laws of the Canadian province or territory in which you reside require that the laws of such jurisdiction apply to this Agreement.
XVI.- ATTORNEY’S FEES AND INTEREST
In the event of any breach of this Agreement and action for enforcement hereof, the prevailing arty may recover from the other party all costs, and expenses including reasonable attorney’s fees with interest at 18% per annum on all amounts deemed due and owing (including costs, expenses and attorney’s fees), which interest accrues from the date of the claim until fully paid.
XVII.- ASSIGNABILITY AND BENEFITS
This Agreement is binding upon and benefits the parties hereto and their respective successors nd assigns. Client will not assign this Agreement without the Company's or the Coach’s prior written consent. Autism Success Academy may assign this Agreement to any subsidiary or related entity, or as part of the sale of all or substantially Autism Success Academy’s assets.
XVIII.- NO THIRD PARTY’S BENEFICIARIES
This Agreement is exclusively to benefit the parties who are signatories hereto, and no third party is a beneficiary or has any rights under this Agreement.
XIX.- REPRESENTATION BY COUNSEL
Both parties to this Agreement have been represented by counsel or have had an opportunity to be represented, and all provisions of this Agreement have been fully negotiated. No provisions will be interpreted against either party merely because the party or its counsel drafted that provision.
XX.- COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which is deemed an original, and all of which together constitute the same instrument.
XXI.- AUTHORITY
Client represents and warrants by signing the application and this Agreement that the Client has the authority to and does enter into this Agreement personally and on behalf of the Client’s business.
XXII.- AMENDMENTS
No amendments or modifications of this Agreement will be valid or binding on the parties unle made in writing and signed on behalf of each of the parties.
XXIII.- ENTIRE AGREEMENT
This document reflects the entire agreement with the Client and reflects a complete understanding of the parties concerning the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented.