VELKO ACADEMY AGREEMENT
VELKO ACADEMY AGREEMENT
This Agreement is made by and between VELKO COMPANY (DBA VELKO ACADEMY), having its principal place of business at 5005 NEWPORT DR STE 205, ROLLING MEADOWS, IL 60008 (“Company”) and, an individual whose information is:
The undersigned client (the “Client”). Company and Client, collectively, are sometimes herein referred to jointly as the “Parties”, and individually, as a “Party”.
- Velko Academy, the Company, has extensive expertise, education, skill, training, marketing, business connections and experience in sales, team building and sales recruitment for coaches, consultants, coaches, agencies to businesses (collectively, the Services”).
- The Company has created and owns the rights to intellectual property, including without limitation, trade secrets and proprietary systems, methods, techniques, classes, tutorials, instruction, courses and materials for marketing, consulting, business coaching, sales development, and materials for the Services (collectively, the “Proprietary Information”).
- Company offers the Services and marketing, image, consulting, coaching, and sales development of various businesses in several industries, which include utilizing the Proprietary
- As such, “Client” desires to engage “Company” to provide the services for Virtual Training
- “Company” has agreed to provide such Services as contemplated in this Agreement, Client has agreed to compensate Company for such Services, and the Parties have agreed to do so in accordance with the terms and conditions in this
- The Parties agree as follows:
ARTICLE I – SCOPE 1.1 Commencement.
Company shall commence Services on the Effective Date of this Agreement. Client’s obligations set forth in the Agreement shall commence on the Effective Date of this Agreement.
- This Agreement does not create an employment, partnership or joint venture relationship between Client and Company. Client shall not be considered an employee(s) of Company for any purpose whatsoever. Client shall not represent himself/herself/itself as an agent or legal representative of Company or as joint venturers for any purpose whatsoever, and Client shall not have any right to create or assume any obligations of any kind, express or implied, for or on behalf of Company in any way whatsoever.
ARTICLE II – CONSIDERATION & COVENANTS
- Payments. Client agrees to pay Company for the Services as agreed upon
- Chargeback & Refunds. Clients are not entitled to a refund or chargeback for any There are shared documents, access to files, training, and proprietary systems that are accessed by clients at the start of the course. All payments made to Velko Academy are final and are not refundable for any reason, however, that Client may recover any payments to Company that were made in error. A client could also be entitled of a refund if and only if Velko Academy failed to fulfill on delivering the expected services for their investment throughout the program’s timeline provided that the client is committed to the program, has proven executing strategies, techniques, from Velko Academy’s courses and The Cracking the Code to Referrals Course.
- Best Efforts. Client agrees to use Client’s best efforts and time toward the growth of Client’s business that is the subject of this Agreement while Services are being rendered by the “Best efforts” shall be defined as a binding duty to use best efforts to accomplish the terms of the Agreement, to make every available effort to do so.
ARTICLE III - PROPERTY RIGHTS, NON-COMPETE, AND CONFIDENTIALITY
- Use of Client’s Likeness. Client agrees, consents, and grants Company use of any and all of Client’s likeness, images, voice, and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings, provided or derived from interaction with Company, and/or that relates to services provided by Company, for use in the business of Client waives any and all causes of action in contract, tort, or the common law for Company’s use of Client’s likeness, images, voice and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages, and postings that Client provides to, derived from interaction with Company and/or that relates to the services provided by Company to Client. This is to be used once Company delivers services successfully. This is so Velko Academy is able to share the success story with other prospects who might be considering working with Velko Academy.
- Confidentiality; Ownership of Information Company will provide Client with access to Confidential Information (as defined in Section 3.2(b)) that is used in the Services. Client acknowledges that Company will provide Client with access to Company’s Confidential Information only for the term of the Services rendered under the Agreement.
- For purposes of this Agreement, “Business” means providing sales training online under this Agreement and is not otherwise publicly available or known by the Client prior to the date of this
- For purposes of this Agreement, “Confidential Information” means information possessed by Company relating to the Business, and it's business activities that is used or is useful in the conduct of Company’s business, or which confers or tends to confer a competitive advantage over one who does not possess the Confidential information includes copyrights, trade secrets, know-how, information about existing, new or envisioned products, services, and processes and their development and performance, any techniques,
methodologies, pricing, technical information, computer software, business and financial information, unpublished lists of names, information, documents, videos provided or shared by Company to Client. Confidential Information also includes information received by Client or Company from others which Company has an obligation to treat as confidential or from other clients of Company. All information which becomes known to Client during the term of the Services rendered under the Agreement, which Client would reasonably believe is Confidential Information or which Company takes measures to protect, shall be regarded as Confidential
- No Disclosure. During the term of the Agreement, and at all times thereafter, Client shall maintain the strictest confidence of Company’s Confidential Client shall never disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity other than the Parties to this Agreement, Company’s copyright information, trade secrets, intellectual property or other Confidential Information, except by express prior written consent of a duly authorized officer or director of Company, as the case may be. Client will not make copies, videotape, record, photograph or transfer in anyway, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of Company, as the case may be. Further, Client shall use Client’s best efforts and shall take all reasonable precautions to prevent the disclosure of Company’s copyright information, trade secrets or other Confidential Information. A breach of this provision includes but is not limited to each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information. In essence, Non- Disclosure of Third Party Confidential Information. Your information is confidential and our information is confidential.
- Ownership of Information. All Confidential Information shall remain the sole and exclusive property and proprietary information of Company, as the case may be, and is disclosed in confidence by such Party in reliance on the other Party’s agreement to maintain such Confidential Information in confidence and not to use or disclose such Confidential Information to any person except the Parties to this Agreement. Each Party understands and agrees that such Party has no ownership, property rights, or other rights of any kind in the Confidential Information, trade secrets, copyrights, proprietary information or other property of the other Party.
Iv. Return of Material. Upon the expiration or earlier termination of this Agreement for any reason or if Client breaches this Agreement, Client shall within five (5) days turn over to Company all passwords, documents, videos, photographs, recreations, copies, or other material in Client’s possession or under Client’s control that (i) may contain or be derived from Confidential Information, or (ii) are connected with or derived from Company’s services to Client. Client shall not retain any Confidential Information in any form (e.g., electronic or paper) upon the expiration or earlier termination of this Agreement. Client shall also return such information within five (5) days of Company’s request.
- Non-Compete; Working for Competitor. Client recognizes that Company is a business that relies significantly on the internet medium and/or internet platforms, including but not limited to in social media platforms on the internet. As such, Company’s business models are largely tied to the internet and have no particular geographic boundaries. In consideration of Company providing Confidential Information to Client, Client will not, at any time during the term of this Agreement or at any time for two (2) years subsequent to any termination of this Agreement, whether directly or indirectly, in the continental United States, or throughout the globe, for Client’s own account, individually or through another entity that Client owns or is involved in, or on behalf of any direct competitors of Company, engage in any business or transaction involving the Business, whether as an employee, employer, independent contractor, consultant, agent, principal, partner, stockholder, corporate officer, director or in any other individual or representative capacity, without the prior written consent of Company, which consent may be withheld by Company in Company’s sole and absolute Client agrees that the scope of the non-compete as set out in Section
- is reasonable and does not impose a greater restraint on trade than This is to avoid stealing clients and/or information and taking advantage of Company and its other clients.
- Non-Solicitation. During the term of this Agreement and for a period of twenty- four (24) months after the date of termination of this Agreement, Client will not in any way, directly or indirectly (i) induce or attempt to induce any employee, independent contractor, agent, consultant, customer or client of Company to terminate its relationship with Company; (ii) otherwise interfere with or disrupt Company’s relationship with its employees, independent contractors, agents, consultants and/or customers/clients; (iii) solicit, entice or hire away any employee, independent contractor, agent, consultant, customer or client of Company; or (iv) hire or engage any employee, independent contractor, agent, consultant, customer or client of Company or any former employee, independent
contractor, agent, consultant, customer or client of Company whose work or agreement with Company ceased less than one (1) year before the date of such hiring or engagement. Client acknowledges that any attempt on the part of Client to induce others to leave Company, or any effort by Client to interfere with Company’s relationship with its employees, independent contractors, agents, consultants or customers would be harmful and damaging to Company. To be clear, Client is not to contact or solicit the current or former customers/clients, provided, however, that any such persons who did business with Client prior to the date of this Agreement or whom Company agrees in writing may have a business relationship with Client are not subject to this provision. In essence, no Solicitation of Employees - Company’s relationships with its customers, clients, employees, and other business associations are among COMPANY’s most important assets, and developing, maintaining, and continuing such relationships is one of Company's highest priorities.
- Injunctive Client recognizes and agrees that if Client were to violate the terms of Article III of this Agreement, there would be a substantial likelihood that Company would suffer irreparable harm for which the remedies of a temporary restraining order and/or a preliminary injunction are entirely appropriate. Should such an action be required, Client agrees to be bound by the jurisdiction and venue provisions in Section V.5.4. Client agrees that if a bond is necessitated Company seeking injunctive relief against one or more Client that such bond be no greater than one hundred ($100) dollars. If any action or other legal proceeding is initiated by Company for violation of Article III, Company shall be entitled to recover, in addition to all damages allowed by law, equity and other relief, all court costs, and all reasonable and necessary attorneys’ fees incurred by reason thereof.
ARTICLE IV – INDEMNITY
- CLIENT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, AND ITS EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND CONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, COMPLAINTS, DEMANDS, OBLIGATIONS, ACTIONS, LAWSUITS, JUDGMENTS, AWARDS, PENALTIES, VERDICTS, PAYMENTS OR CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO claims for PERSONAL INJURY, DAMAGES TO A BUSINESS, CONTRACT, TORT, contribution and/or indemnity, CLAIMS FOR STATUTORY INDEMNITY, NEGLIGENCE, and any other liability of any kind brought by CLIENT OR ANY THIRD PARTY including all relatives of THE CLIENT OR THIRD PARTIES, anyone bringing derivative claims,
and/or anyone bringing claims by, through, or under the CLIENT OR THIRD PARTIES, related in any way OR INCIDENT TO, ARISING OUT OF, OR IN CONNECTION WITH THE AGREEMENT (INCLUDING BUT NOT LIMITED TO THE SERVICES RENDERED OR INFORMATION OBTAINED FROM THE SERVICES OF COMPANY CONTEMPLATED HEREUNDER, CONSIDERATION, CONFIDENTIAL, PROPRIETARY, OR COPYRIGHT INFORMATION), ACTS AND/OR OMISSIONS OF COMPANY, AND ITS EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND CONTRACTORS. PROVIDED THAT THIS PROVISION SHALL NOT APPLY IF A COURT OF LAW DETERMINES THAT ANY OF THE PERSONS NAMED IN SECTION 4.1 HAVE COMMITTED A CRIME, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
- IN NO EVENT SHALL COMPANY BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST OPPORTUNITY DAMAGES. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT NO OFFICER,
DIRECTOR, EMPLOYEE, OR PERSON OTHER THAN COMPANY SHALL HAVE ANY LIABILITY UNDER THIS AGREEMENT.
- The failure of Company to enforce any provision of this Agreement cannot be construed to be a waiver of such provision or of the right thereafter to enforce same, and no waiver of any breach shall be construed as an agreement to waive any subsequent breach of the same or any other provision. If Company fails to take action for any violation of this Agreement, such failure shall not constitute a waiver or estoppel as to said violation, but it shall have the right to enforce or take such action for any prior violation or future violation without being subjected to the defense of waiver or estoppel.
ARTICLE V – MISCELLANEOUS PROVISIONS
- This Agreement is not assignable by Client without the prior written consent of Company. Any assignment by Client without such written consent shall be void.
- Any notices to be given hereunder by either Party to the other shall be in writing either by email, or delivery by US mail-certified return receipt requested. Notices shall be addressed to the Parties at the addresses as set forth below, until and unless such Party changes the specified mailing or email address by written notice to the other.
- Jurisdiction and Venue. This Agreement shall be governed in all respects, including its validity, interpretation, and effect, and construed by and in accordance with the laws of the State of Illinois, including, without limitation, its limitation of action and other procedural laws without giving effect to the principles of conflict of laws of the State of Illinois. THE PARTIES HEREBY STIPULATE AND AGREE THAT IF IT BECOMES NECESSARY FOR ANY OF THE PARTIES TO FILE AN ACTION CONCERNING ANY MATTER RELATING TO OR PROVIDED FOR IN THIS AGREEMENT, THAT SUCH ACTION AND VENUE SHALL BE BROUGHT EXCLUSIVELY IN ROLLING MEADOWS,
- Legal If any portion (word, clause, phrase, sentence, paragraph, or section) of this Agreement or the application thereof to any person, entity or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such portion to persons or entities or circumstances other than those as to which it is invalid or unenforceable, shall not be affected hereby, and such portion shall be considered independent and severable from the Agreement, and this Agreement shall be enforced as if such portion did not exist.
- Attorney Fees. If any action or other legal proceeding is initiated by either Party relating to this Agreement or its subject matter, the Party bringing such legal action may seek in addition to all damages allowed by law, equity and other relief, all court costs, and all reasonable and necessary attorneys’ fees incurred by reason
- No Third-Party Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, firm, entity, organization, or corporation other than the Parties hereto, any right or claim under or by reason of this Agreement or any term, covenant or condition hereof, as third party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the Parties.
- Binding Effect. All the terms and provisions of this Agreement, whether so expressed or not, are binding upon, inure to the benefit of, and are enforceable by the Parties.
- Client has been or has had the opportunity to seek the advice and guidance of their own counsel in the review, interpretation, negotiation, and execution of this Agreement. This Agreement shall be construed as if collaboratively prepared by the Parties and any uncertainty or ambiguity shall
not be interpreted against any one Party and in favor of the other. Accordingly, it is agreed that no rule of construction shall apply against any Party or in favor of any Party. Any use of masculine, feminine or neuter pronouns herein shall be deemed to include each of the masculine, feminine, and neuter.
- Entire Agreement and Disclaimer of Reliance. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings, and representations, if any, may by and between the Parties. No representation, inducement, promise or agreement, oral or otherwise, if any, not embodied in this Agreement, or any other agreement related to this Agreement and expressly references herein is of any force and effect. No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the Parties. Moreover, in deciding to enter into this Agreement, Client is not relying on any other statement or representation made by the Company or their respective attorneys, employees or agents, except as specifically set forth
ARTICLE VI – SCOPE OF SERVICES AND DELIVERABLES
6.1 Company shall allow full access to Velko Academy Automotive Exclusive Virtual Training Platform on sales and marketing training, Leadership coaching, Coaching on Personal Branding, Coaching on Closing, to aid Client in getting their book of business started. The “Velko Academy Automotive Exclusive” which is a minimum of 12-months program
- Velko Academy shall commence services on the day following receipt of the first payment of $997 / month
ARTICLE VII – CONSIDERATION
- Client agrees to pay Company and Company accepts a total amount of
$11,964.00 ONLY ($997.00 per month X 12) for VELKO ACADEMY VIRTUAL + live coaching+ Private Coaching Group & Tools.
YOU FULLY UNDERSTAND THAT THE MONTHLY PAYMENTS ARE NOT A SUBSCRIPTION PLAN BUT A PAYMENT PLAN TO BE FULFILLED COMPLETELY AND WILL BE DUE IN FULL. YOU UNDERSTAND THAT ALL INFORMATION PROVIDED TO ME THROUGH ANY DIGITAL ONLINE CHANNEL OR OTHERWISE, AS WELL AS ANY SUB-DOMAINS NOW OR IN THE FUTURE (“COPYRIGHTED MATERIAL”) IS COPYRIGHTED MATERIAL AND ANY USE OF SUCH THROUGH SHARING OR SELLING SUCH INFORMATION IS PROHIBITED BY LAW. I ACCEPT FULL RESPONSIBILITY FOR ANY OR ALL LIABILITY FROM MY NEGLIGENT OR INTENTIONAL MISUSE OF COPYRIGHTED MATERIAL. COACHING OR CONSULTING PURCHASES ARE NON-REFUNDABLE.
- +$148.00 one-time set-up fee
IF FOR SOME REASON YOU FEEL WHAT WAS PROMISED WAS NOT DELIVERED, YOU CAN EMAIL at [email protected] or send us A LETTER WITH YOUR REQUEST, EXPLAINING WHAT WENT WRONG. AFTER CAREFULLY INVESTIGATING AND REVIEWING WILL BE DECIDED WHETHER TO ISSUE A STORE CREDIT OR ENGAGE IN FURTHER DISPUTE.
5. CANCELING YOUR SUBSCRIPTION after one year– SEND AN EMAIL to [email protected] WITH YOUR REQUEST 30 DAYS BEFORE expiration DATE
WE WILL CANCEL ALL FUTURE PAYMENTS based on the date of your request. If you don't cancel, we will continue on Month to Month basis