Please read these additional Terms & Conditions (“SOMA Breath Payment Plan Agreement”) carefully as they apply to the purchase of the course if you have chosen to pay in installments. Please keep a copy of the SOMA Breath Payment Plan Agreement for your records. By booking the Course and agreeing to pay in accordance with the SOMA Breath Payment Plan Agreement (set out below), you confirm that you clearly understand the SOMA Breath Payment Plan Agreement and agree to be bound by the SOMA Breath Payment Plan Agreement as well as the SOMA Breath® INSTRUCTOR / TRANSFORMATIONAL COACH LIMITED LICENSE AGREEMENT.
THIS SOMA Breath Payment Plan Agreement (the “Agreement”) is made and entered into by and between SOMA Breath®, Inc., a Delaware corporation located at 1013 Centre Road, Suite 403-B, Wilmington, DE 19805, USA (“SOMA Breath®”), and Next (“Instructor / Coach”). This Agreement is effective as of the date that the SOMA Breath® Instructor or Transformational Coach “Instructor/Coach” first registers for any SOMA Breath® Instructor, Advanced Instructor or Transformational Coach training courses. SOMA Breath® and Instructor/Coach are hereinafter sometimes referred to singularly as a “Party” and collectively as the “Parties.”
- Term of Agreement: The term of this Agreement shall commence on 2023-09-22, and continue until the total balance of your course payment plan is paid off.
- Instructor / Coach Benefits: The following shall outline the non-exclusive services to be provided by SOMA Breath® to Instructor / Coach during the term of this Agreement:
Overview of Certification Courses: SOMA Breath® offers various online coaching courses and programs (“Program”). The Program is intended for people who wish to become coaches in the health and wellness industry. The Programs are delivered through a mix of pre-recorded videos & audios , 1 on 1 mentor training, practice trainings and live group coaching calls.
- During the term of this Agreement, Instructor / Coach is entitled to the following:
- Access to the online learning platform;
- Pre-recorded video / audio / text course inside a private learning management system;
- Bi-Weekly online group practice calls with Certified Trainers;
- Monthly online group virtual classrooms from founder Niraj and Master Trainers;
- 2 to 6 (depending on which course you are enrolled in) one on one online mentorship calls from Master Trainers;
- Community access inside our Transformational Coach & Instructor Facebook group; Instructor / Coach Participation: SOMA Breath® is committed to providing all Certification Course participants with a positive experience. Thus, SOMA Breath® may, at its sole discretion, limit, suspend, or terminate Instructor / Coach’s participation in any of its programs, live, recorded, telephone, social-media, or digitally based, without refund or forgiveness of remaining payments if:
- Instructor / Coach becomes disruptive or difficult to work with;
- Instructor / Coach fails to follow Certification Course program guidelines; or
- Instructor / Coach impairs the participation of SOMA Breath® or other Certification Course participants.
- Reasonable Services: SOMA Breath® is required to render reasonable services covered by this Agreement. If, for any reason, SOMA Breath® is unable to render services as stated herein, SOMA Breath® will immediately notify Instructor / Coach and may, at its sole discretion, terminate this Agreement.
- Fees: The cost of the Certification courses vary depending on which option you choose and were clearly outlined during your purchasing process and can also be found inside of your https://secure2.somabreath.com account. Below are the terms of your payment plan fees:
- A 30-day cooling-off period is included on your deposit payment where the Instructor / Coach may be able to withdraw from the Agreement and claim a full refund, with all accesses being removed.
- Except the above, ALL recurring payments are NON-REFUNDABLE unless otherwise stated in this Agreement. In the event that Instructor / Coach terminates this Agreement prior to the end of the term, Instructor / Coach shall be responsible to make any and all remaining payments due under the term of the Agreement.
- Installment Payments:In the event that Instructor / Coach pays SOMA Breath® via installment payments, each monthly installment is due every 30 days from the deposit payment date until the total amount agreed has been paid. Instructor / Coach acknowledges that Instructor / Coach shall be responsible to make all payments, even where this Agreement has been terminated at the election of Instructor / Coach, in accordance with the terms hereof, prior to the conclusion of its term. In the event that the Instructor / Coach fails to timely pay an installment payment within ten days of the due date, a monthly service charge of 1.5% may be added to the balance due and owing.You are responsible for ensuring that the required payments are made in accordance with the payment details set out in the above paragraph. Any failure to make payment of an installment in accordance with the SOMA Breath Payment Plan Agreement will constitute a breach of the terms of the SOMA Breath Payment Plan Agreement, without prejudice to any of our other rights, SOMA Breath® may:
- Suspend any access and support to the course until all payments due are up to date; and/or withdraw you from the SOMA Breath Payment Plan Agreement and any remaining Course Fees will become immediately due and payable in full; and/or
- Refuse admittance to you to the course and/or any assessments or exams relating to the course; and/or
- Withhold the results of any assessment or exam you may have taken in relation to the course.SOMA Breath® may withdraw the SOMA Breath Payment Plan Agreement at any time (at our sole discretion). Any such withdrawal shall not affect you or students who have purchased and are participating in any course and using the SOMA Breath Payment Plan Agreement at the date of such withdrawal. The SOMA Breath Payment Plan Agreement shall continue to be available to those in relation to the course which they are undertaking.In the event the Instructor / Coach wishes to put the Program on hold, it is possible to put it on hold for up to 3 months at a time for a total of 6 months per Agreement, the first 2 months no interest will be charged, the third month 2% interest will be charged; for additional hold periods, each period will accumulate 2% interest and be added to the remaining payments. The Instructor / Coach may also downgrade their chosen course at a fee which would depend on the specific circumstance.
- Payment Methods: Please note that payment of fees hereunder shall be made in USD. In the event that Instructor / Coach makes payment in another currency, it shall be Instructor / Coach’s responsibility to cover all costs associated with the currency conversion rate and any related bank fees or other fees issued by Instructor / Coach’s credit card operator. In the event that Instructor / Coach makes payment using a credit card or payment method belonging to a third party (including but not limited to: spouse, partner or business associate), Instructor / Coach represents that Instructor / Coach is acting with the express authorization of such third party, and hereby agrees to indemnify and hold SOMA Breath® harmless from any and all claims arising from breach of this representation.
- Notices: All notices required under this Agreement must be in writing and must be sent to [email protected]. The date of sending will be the date of giving notice.
- Review of Agreement: Instructor / Coach has been given sufficient time to review this form in its entirety prior to signing below. Instructor / Coach has reviewed this form with their own legal counsel or Instructor / Coach has determined that such review with legal counsel is not necessary for Instructor / Coach’s full understanding of the content and nature of this form. Instructor / Coach fully understands that this form contemplates a redistribution of risk involved in connection with Instructor / Coach’s attendance at a SOMA Breath® event. Instructor / Coach acknowledges and agrees that Instructor / Coach giving up substantial rights including Instructor / Coach’s right to sue SOMA Breath® as well as its past and present principals, employees, directors, members, agents, independent contractors, and officers. SOMA Breath® may update or amend the SOMA Breath Payment Plan Agreement from time to time to comply with law or to meet its changing business requirements without notice to you.