The Monarch Company

Terms of Use

CUSTOMER AGREEMENT with MONARCH COMPANY RETREATS, LLC This Agreement is made and entered by and between Monarch Company Retreats, LLC (hereinafter “MONARCH”), a Virginia LLC and the client who accepted the terms. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties hereto, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: A. PAYMENT TERMS, PAYMENT AUTHORIZATION AND DISCLOSURES 1. Client’s Obligation. Client, or the individual who executes the payment authorization below for the benefit of Client (the “Obligor”), agrees to pay all amounts due under this Agreement, including the Fees and Charges detailed herein. Except as expressly provided herein, Fees and Charges which have been paid to MONARCH for lifestyle counseling services constituting the program, Secrets of Extraordinary Willpower, are not refundable. No reduction from any payments shall be made because of Client’s failure to use the MONARCH plan. 2. Fees and Charges. I am the Client and/or Obligor. I understand that by executing the authorization below, I will be responsible for all amounts due under this Client Agreement. 3. Enrollment Options. If Client enrolls in Secrets of Extraordinary Willpower, Client shall have the option to elect one of the following payment options: one (1) payment of $750, or twelve (12) monthly payments of $78.13 for a total of $937.56. 4. Charges for Returned Payments. If any check, account debit, or credit card charge payable to MONARCH is returned, rejected or dishonored, MONARCH or any third party on its behalf, as applicable, may in each instance, to the extent permitted by law, assess a charge equal to the total of all charges, costs and expenses incurred by MONARCH in connection with collection, and/or MONARCH may charge such other fees as may be permitted by applicable law. 5. Participation. Any Client who fails to participate in any portion of Secrets of Extraordinary Willpower shall not be refunded for the portion of the cost associated with that module herein. 6. Form of Payment. All fees and charges, detailed herein are payable by one of the following methods: credit card, or electronic funds transfer (“EFT”) from a debit card account. 7. Late Charges. All balances owed under this Client Agreement that are thirty (30), sixty (60) and ninety (90) days in arrears are subject to a charge of fifteen dollars ($15.00) per cycle in arrears. Any unpaid balances for membership fees, goods or services past thirty (30) days may result in suspension of client privileges. I agree to pay all costs incurred by MONARCH for collection. 8. Authorization for Payments by Credit Card. I authorize Monarch to charge the Designated Account for the purpose of paying the Total Due Now. I also authorize Monarch to charge the Designated Account for all other Fees and Charges detailed herein, as and when such Fees and Charges are due. 9. Optional One-Time Charges and Transfers for Convenience. If this option is selected, as a convenience to Client (which may be someone other than me), Monarch from time to time may charge or initiate transfers from the Designated Account for (i) Fees and Charges; (ii) merchandise and/or sundries purchased by Client , and/or MONARCH’s services purchased by Client. By signing below, I authorize Monarch to maintain the Designated Account information for this purpose. I agree that by initiating a transaction to pay Fees and Charges (in person, via email, or over the telephone), or by making a purchase, I will be authorizing Monarch to charge or initiate transfers from the Designated Account for payment. I also understand that if I am making payments by EFT (as defined above), funds may be withdrawn from the Designated Account as soon as the same day on which I initiate the payment or make the purchase. For convenience, I would like to use the Designated Account for one-time transfers and charges. I may cancel this option at any time by notifying Monarch in writing. However, I understand that cancellation will not apply to any payments which have already been authorized by me as described above. 10. How to Revoke this Authorization. This authorization will remain in full force and effect during the term of this Client Agreement, unless I revoke it. I understand that I may revoke this authorization at any time by notifying MONARCH in writing. I understand that the revocation will only be effective as to transfers that are scheduled to occur at least 10 business days after MONARCH receives the notice. If the revocation cannot be processed prior to the scheduled date of the charge or transfer, MONARCH shall refund the debited amount. Revocation of this authorization, or my stopping any payment, does not relieve me of my obligation to pay amounts due to MONARCH under this Client Agreement, and I will remain liable for such amounts until they are paid in full. Client must provide an alternate means of payment method within 24 hours of revoking authorization. 11. Compliance with Designated Account Agreement. By signing below, I certify that I am authorized under the terms of my agreement (the “Designated Account Agreement”) with the financial institution that holds the Designated Account (the “Financial Institution”) to use the Designated Account for payments to MONARCH. I further certify that all statements made by me to MONARCH in connection with the Designated Account are true and correct to the best of my knowledge. I understand that any failure by the Financial Institution to pay any charge in full does not release me from any liability for any obligations owing to MONARCH. I agree to comply with the terms of the Designated Account Agreement at all times while this authorization is in effect. B. CANCELLATION/TERMINATION 1. No Right to Cancel/Terminate. Client will not receive any refund of the fees. Client shall be responsible for all Fees, and Charges due to MONARCH. C. USE OF MONARCH SERVICES 1. Waiver and Release – Assumption of Risk. Using the MONARCH services may involve the risk of injury to you. Specific risks vary from one client to another. In consideration of your participation in the services offered by MONARCH, you understand and voluntarily accept this risk and agree that by MONARCH, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, minor child, unborn child, or relatives resulting from the negligence of MONARCH or anyone acting on MONARCH ‘s behalf. You understand and acknowledge that MONARCH is providing non-medical services and may not be held liable for injuries sustained as a result of nutrition and lifestyle counseling services provided to the client. 2. Rules and Regulations. Client agrees to abide by the rules and regulations of MONARCH, which may be written or issued orally, and which may be amended from time to time at MONARCH’s sole discretion. At the sole discretion of MONARCH, Client’s Agreement may be revoked or suspended at any time if in the judgment of MONARCH (a) Client consistently fails to observe the Rules and Regulations; (b) Client has otherwise behaved in a manner contrary to the best interests of MONARCH or any of MONARCH’s Clients; (c) Client has instituted any type of legal action against MONARCH, including but not limited to civil actions, arbitrations and/or mediations; and/or (d) MONARCH has instituted any type of legal action including, but not limited to civil actions, arbitrations and/or mediations against Client. 3. Should Client default on any and all payment obligations: Client shall lose access to all online materials and shall not receive free updates about modules and programs concerning Secrets of Extraordinary Willpower. D. CLIENT RISK 1. Client’s Health Warranty. Client represents that he/she is has no disability, impairment, injury, disease, or ailment, preventing him or her from engaging in lifestyle counseling services which could cause increased risk of injury or adverse health consequences as a result thereof. Client assumes full responsibility for his or her use of MONARCH’s services and shall indemnify MONARCH, its affiliates, agents and employees, against any and all damages arising out of Client’s use of the services 2. Medical Disclaimer. Client has been informed and acknowledges that MONARCH has made no claims as to medical or mental health results that can or may be obtained through use of MONARCH’s services. MONARCH has neither suggested nor will it suggest any medical or mental health treatment to Clients. Only licensed medical and medical health professionals are qualified to give medical and mental health advice. Client represents that there is no medical, physical, or mental health condition that would preclude the use of MONARCH’s services and Client further represents that he/she has not been instructed by any physician or mental health professional not to use MONARCH’s services or any similar service. E. GENERAL PROVISIONS 1. Change in Client Information. Client must promptly notify MONARCH in writing of any changes in his or her billing information, address or telephone number. Notwithstanding anything else contained herein, all communications from MONARCH to Client shall be presumed to have been received by Client within five (5) days after mailing to Client’s address on file with MONARCH at the time of the mailing. 2. Minor’s Use. Minor children under eighteen (18) years of age are not permitted to use MONARCH’s services and participate in the online course, Secrets of Extraordinary Willpower. 3. MONARCH’S Right to Modify Terms of Client Agreement. Subject to applicable law, MONARCH may, at its sole discretion, modify the terms of this Client Agreement at any time. 4. Entire Agreement. This Client Agreement, and all rules and regulations of MONARCH, as revised from time to time, constitute the entire and exclusive agreement between MONARCH and Client and/or Obligor, and supersede all prior promises, representations, understandings and/or agreements relating to this purchase. By purchasing this program, I confirm that I have read and fully understand the contents of this document and that I agree to be obligated to this agreement. I verify that the above is accurate and complete.