Ming Dao School Public Mock Interview Agreement

Please read carefully. By using the service of Ming Dao School, LLC (herein referred to as “Company”), you (herein referred to as “Client”) agree to the following terms stated herein.

 

PROGRAM/SERVICE

Client agrees to participate in an online mock interview provided by the Company (herein referred to as “Program”). The mock interview is broadcasted to an audience. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

 

DISCLAIMER

The Company and its coaching employee, (herein referred to as “Coach”), is not agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Coach has not promised, shall not be obligated to and will not

(1) procure or attempt to procure employment or business or sales for Client;

(2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;

(3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy;

(4) act as a public relations manager

(5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client;

(6) introduce Client to Coach’s full network of contacts, media partners or business partners.

 

Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

 

FEES

 

Company does not charge any fee for participation in the mock interview program.

 

 

CANCEL / RESCHEDULING POLICY

 

To cancel or reschedule your session, please send an email to mingdaoschool@gmail.com 48 hours ahead of the scheduled mock interview.

 

CONFIDENTIALITY

 

Company respects Client’s privacy and agrees not to disclose the Client’s personal information to any third party. Unless:

* information was in the Company’s possession prior to its being furnished by the Client;
* information was previously known to the public or in the Client’s industry;
* information was obtained by the Company from a third party, without any breach of obligation to the Client;
* information was independently developed by the Coach without use of or reference to the Client’s confidential information;
* information involves illegal activity.
* the Company is required by statute, lawfully issued subpoena, or court order to disclose;
* information is disclosed to the Coach and as a result of such disclosure the Company reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others;
* Client requests or gives written or electronic permission for disclosure

 

For the convenience of the mock interview program, client agrees submit a nick name and introduction that the Company can use during the program.

 

The Client may do the following during the mock interview to further protect the Client's privacy:

 

* Turn off camera

* Change user's display name for Zoom/Google Meet

* Decline specific questions related to the background of the Client

 

The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.

NO TRANSFER OF INTELLECTUAL PROPERTY

 

Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this Program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights,
(2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company,
(3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

Further, by purchasing this Program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

CLIENT RESPONSIBILITY

 

Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Company assumes no responsibility for errors or omissions that may appear in any program materials.

 

SEVERABILITY/WAIVER

 

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

 

LIMITATION OF LIABILITY

 

Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

Except as expressly provided in this Agreement, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Company be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Company’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Company under this Agreement for all coaching services rendered through and including the termination date.

 

ASSIGNMENT

 

Client may not assign this Agreement without the express written consent of Company.

 

MODIFICATION

 

Company may modify the terms of this agreement at any time. All modifications shall be posted on the Company’s website and participants shall be notified.

 

TERMINATION

 

Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this Program, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

 

INDEMNIFICATION

 

Client shall defend, indemnify, and hold harmless Company, Company’s owners, coaches, officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its owners, coaches, shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in an equity arising from my participation in the Programs.

 

EARNING/SUCCESS DISCLAIMER

 

Every effort has been made to accurately represent this Program and its potential. There is no guarantee that the client will succeed using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee. Company does not position this Program as a “job guarantee” or “promotion guarantee”. Any examples of actual results can be verified upon request. The client’s level of success in attaining the results claimed in our marketing materials depends on the time the client devote to the program, ideas and techniques mentioned, knowledge, experience level and various skills. Since these factors differ according to individuals, the company cannot guarantee the client’s success. Nor is Company responsible for any of the client’s actions.

 

ENTIRE AGREEMENT

 

This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

 

DUTY TO READ

 

I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.