These terms and conditions of the Participation Agreement are being executed between Leadership that Works India (“LTW India”), 4th Floor, Asmita, N. S. Road 3, JVPD Scheme, Vile Parle West, Mumbai, Maharashtra – 400056 and the Participant whose name and details are specified in the attached registration form. These terms & conditions are an electronic record in the form of a binding agreement between the Parties. These terms & conditions do not require any physical, electronic or digital signature. These terms & conditions are a legally binding document and will be effective upon the Participant’s enrollment in the Program. These terms & conditions together with the registration form (“Agreement”) constitute the entire agreement and shall fully govern your participation in the Program. The Participant hereby understands, agrees, represents and warrants as under that:

A. LTW India

1. LTW India operates a Coaching for Transformation Program (“CFT/Program”) named “Online Coaching for Transformation” which is accredited by the International Coaching Federation (“ICF”). The Program is operated out of India and all rights (including but not limited to intellectual property right (“IPR”) in relation to LTW India and the CFT Program are solely and exclusively owned, controlled and/or licensed to LTW India.
2. The Program is accredited by ICF. In the event LTW India’s accreditation with ICF is varied/modified/cancelled/terminated for any reason whatsoever, LTW India shall not in any manner be responsible or liable for such variation/modification/cancellation/termination. In such an event LTW India shall not be in a position to provide the Participant with certificates of accreditation with ICF.
3. The Program shall be conducted through LTW India’s online platform and/or through any such other online platform as designated by LTW India in its sole discretion and the Participant shall have to be part of the Program through such online platform as specified by LTW India.

B. Scope and operation of the Program

1. The dates, timings, length and scheduling of the Program and classes shall be as specified by LTW India in its sole discretion. The dates, timings, length and scheduling of the Program and classes may be subject to change/modification/variation and the Participant shall be informed of the same. In order to facilitate the Participant, LTW India shall endevour to provide 1 (one) repeat classes of every webinar thereby allowing the Participant to choose a personal convenient time.
2. LTW India shall have the sole and exclusive right and discretion to cancel or postpone the Program due to any reason whatsoever. In the event of cancellation or postponement of the Program, LTW India will endeavor to inform the Participant 15 days before the commencement of the Program however the same is not guaranteed or assured and may vary due to unforeseen circumstances which may be beyond the control of LTW India. In the event of such postponement or cancellation by LTW India, the Program Fee of the Participant shall be refunded. LTW India shall not in any manner be liable for such postponement or cancellation of the Program including but not limited to any direct or indirect damages/losses, consequential damages/losses or any other costs or expenses.
3. The Participant acknowledges that the conduct of the Program is subject to factors beyond the reasonable control of LTW India, including Force Majeure conditions, and in the event of cancellation, rescheduling or change of venue/duration of the Program on account of any such factors, the Participant shall not be entitled to any reimbursement of any costs or charges whatsoever and shall not make any claims whatsoever against the LTW India in relation to such cancellation or rescheduling of the Program.
4. Participant should provide complete details along with their valid email id in the registration form. All communications to the Participant shall only be addressed to the relevant email id as specified on the Participant’s registration form. The email id/details as provided in the registration form shall only be change/altered in the event, the Participant specifically requests for the same in writing. Once changed on the written request of the Participant, all future communications shall be addressed to such new email id and all previous details/email id shall stand automatically superseded with the new details/email id.
5. On the completion of the registration process to the satisfaction of LTW India, the Participants shall receive initiation instructions through email on the email address as provided by the Participant in the registration form. LTW India shall not be liable for any kind of reduction or refund of the Program Fee in the event the Participant fails to follow the initiation instructions and/or fails to join the Program/classes. Only in extreme and special situations, in the event the Participant is not in a position to attend any part of the Program or any classes due to unavoidable/inevitable circumstances, the Participant shall be required to inform LTW India in advance and in writing. In such an event LTW India reserves the right and discretion to make best possible efforts to accommodate such reasonable requests of the Participant. Such consideration of the Participant’s request does not guarantee or assure any kind of adjustment. In any event, the Participant shall ensure that all Program requirements should be completed keeping in mind the ‘make-up’ policy for missed teleclasses/ in-person hours.
6. The Participant should ideally complete the Program within the timelines as specified by LTW India to avoid any kind of additional expenses. However, only in extreme and special situations, in the event the Participant is unable to complete the Program within the specified timelines, LTW India may at its sole discretion grant an extension of the Program to such Participant subject to such additional fee, cost and expenses as may be specified by LTW India.
7. All rights including but not limited to IPR in the course materials of the Program are owned and/or have been licensed to LTW India and are proprietary/confidential materials of LTW India. Any and all course materials of the Program which are shared with the Participants are for the sole and exclusive use of the Participant only. Participants shall not share, divulge, disclose or disseminate any course materials of the Program including but not limited to the discussion boards, maestro number, recordings, or allow friends or family members to participate or listen in to the Program and classes.
8. Any and all decisions which may be taken by the Participant during and after the Program shall be solely attributable to the Participant itself and LTW India shall not be liable for any consequence of such decisions of the Participant even if such decisions are taken as a result of or due to the Participant taking part in the Program.
9. The Participant understands and agrees that LTW India, the Program and the Participant’s enrollment and completion of the Program, in no manner whatsoever, guarantees, assures or promises any kind of prospective clientele, professional or personal growth, coaching opportunities or any other kind of personal, professional and business opportunities for the Participant.
10. The Participant understands and agrees that during the Program the Participant may choose to explore and delve into personal behavioral patterns, personal and family matters, memories, or psychological issues.
11. The Participant hereby releases, relinquishes, discharges and waives LTW India, its group companies, its employees, officers and directors of and from any and all claims which the Participant may have against LTW India arising out of or in relation to the Program and the Participant covenants not to claim, sue or file any legal proceedings including but not limited to civil or criminal proceedings against LTW India, its group companies, its employees, officers and directors in relation to and/or in connection with the Program and/or the Participant’s participation in the Program.
12. In the event the Participant suffers from any illness, abnormalities, diseases, medical/mental/physical conditions or disabilities, the Participant shall immediately inform LTW India in relation to the same. The Participant further confirms that the Participant does not suffer from any physical or mental conditions or disabilities which may, or may be likely to, endanger the Participant’s health in any manner whatsoever as a result of participation in the Program. LTW India shall not be in any manner responsible for any kind of harm/injury due to any kind of accidents that may be caused to the Participant during the Program including but not limited to any emotional, mental or physical stress, condition or illness.
13. The Participant on its own behalf and on behalf of its legal representatives, heirs and executors hereby irrevocably agrees that they will not hold or seek to hold LTW India or any of their affiliates or group companies, or any shareholders, officers or employees of any of the aforementioned companies responsible or liable for any injuries, harm, damage, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant during the Program, howsoever arising in relation to the Participant ’s attendance or participation in the Program, and hereby waive and release LTW India from any and all claims in relation to such liability.

C. Payment Terms, Cancellation & Refund

1. 1. In consideration of the Participant enrolling in LTW India’s Program, the Participant shall pay the Program Fee to LTW India. The payment of Program Fee shall be subject to deduction of all applicable statutory taxes and levies. The Participant may choose to pay the Program Fee as a lump sum amount at the time of registration and enrollment or in the alternate the Participant may choose an installment plan. The details of the Program Fee along with the plan chosen by the Participant shall be as specified in the Participant’s registration form
2. 2. For Participants who choose an installment plan, LTW India shall raised an invoice for the relevant installment of the Program Fee (by email) on the 1st day of every calendar month and the Participant shall have to make the payment of such installment of the Program Fee by 5th day of the same calendar month or by the due date as may be mentioned in the invoice. All payments must be made as agreed in the registration form.
3. 3. In the event of any delay or failure to pay the Program Fee or any part/installment thereof, LTW India shall have all of the following rights:
   To charge interest on the overdue amount at the rate of 8% per annum (which interest will accrue daily until the date of actual payment and which shall be compounded quarterly);b. To refuse and disallow the Participant from continuing with the Program;c. To suspend the terms of this Agreement with the Participant, thereby disallowing the Participant to further participate in the Program;d. To terminate the Participant’s enrollment in the Program;e. To retain the Participant’s ACTP accreditation certificate and/or any other certificate which may be given to the Participant as part of the Program until complete outstanding payments along with interest are not made.
4. 4. The Participant’s registration represents a commitment to attend a Leadership that Works India course and based on such representation LTW India reserves a spot in the class for the Participant.
5. 5. Substitutions – Before the start of the Program, if the Participant so desires, the Participant may substitute his/her registration in the Program to another person who may then be substituted in the place of the Participant for the Program. Such substitution may be allowed at no additional fees subject to the discretion and approval of LTW India.
6. 6. Transfers – The Participant may transfer his/her Program Fee to another LTW India course/program. Transfers shall only be allowed for a period of 12 months and not beyond such time period. Any transfer shall be subject to the discretion and approval of LTW India and the applicable Transfer fees shall be charged. If such is not used within that period, all amounts already paid by the Participant shall be non-refundable.
7. 7. Refund –Subject to the discretion & approval of LTW India and charging of applicable fees, the Program Fee may be refundable as detailed below:a. If Cancellations are made 60 days or more prior to the Program start date:

Substitutions – may be allowed at no additional fees subject to the discretion and approval of LTW India.
Transfers –may be allowed at no additional fees subject to the discretion and approval of LTW India.
Refund – Full refund may be allowed after deduction of USD 500 / INR 40,000 plus GST (as applicable) and processing fee, subject to the discretion and approval of LTW India.

b. If Cancellations are made 30-60 days prior to the Program start date:

Substitutions – may be allowed at no additional fees subject to the discretion and approval of LTW India.
Transfers – may be allowed after deduction of USD 100 / INR 8,000 + GST (as applicable) processing fee, subject to the discretion and approval of LTW India.
Refund – Full refund may be allowed after deduction of USD 500 / INR 40,000 plus GST (as applicable) and processing fee, subject to the discretion and approval of LTW India.

c. If Cancellations are made less than 30 days prior to the Program start date:

Substitutions – may be allowed subject to the discretion and approval of LTW India.
Transfers – may be allowed after deduction of USD 500 / INR 40,000 plus GST (as applicable) and processing fee, subject to the discretion and approval of LTW India
Refund – Only 50% of Program Fee may be refunded subject to the discretion and approval of LTW India. However, if Program Fee is being paid under the installment plan, 50% of the Program Fee becomes immediately due and payable on such cancellation.

d. If Cancellation is made after Program start date:
Substitutions – No substitution shall be allowed.
Transfers – No transfer shall be allowed.
Refund – Only 30% of Program Fee may be refunded subject to the discretion and approval of LTW India. However, if Program Fee is being paid under the installment plan, 70% of the Program Fee becomes immediately due and payable on such cancellation.
e. Substantial administrative costs and credit card processing fees are incurred for each enrollment of a Participant. Exceptions to LTW India’s cancellation policy will be considered on a case to case basis and any request for substitution, transfer & refund shall always be subject to the prior approval and discretion of LTW India.

8. Notwithstanding anything herein contained, the Participant understands, acknowledges and agrees that the decision of any kind of refund, reduction or adjustment of the Program Fee in any type of situation shall solely be at the discretion of LTW India and LTW India shall have the final right to give or refuse any kind of refund, reduction or adjustment of the Program Fee.
9. Subject to successful participation and completion of the Program by the Participants in accordance the Program requirements (as specified by LTW India) and complete payment of the Program Fee, the Participant shall receive ACTP accreditation at the end of the Program.

D. Term and Termination
1. This Participation Agreement shall come into force on execution and shall terminate on the Participant completing the Program unless terminated earlier in accordance with the terms of this Agreement (the “Term”).
2. LTW India, acting in its sole discretion, may terminate this Agreement with immediate effect with notice in writing if: (i) the Participant is in material breach of any of the terms of this Agreement and/or the present terms and conditions; and/or (ii) the Participant fails to adhere to or comply with any requests or instructions of LTW India and/or fails to perform any of its obligations as specified hereunder.

E. General Provisions
1. Intellectual Property Rights: For the purposes of these Terms and Conditions and this Participant Agreement, Intellectual Property/Intellectual Property Rights/IPR shall mean including but not limited to ownership of, and all rights, titles, and interests in, all materials shared with the Participant in relation to the Program, LTW India’s proprietary information, trademarks, trade names, copyright, logos, art works, slogans, know-how, processes, methods, trade secrets, source codes, application developments, designs, drawings, plans, business plans or models, blue prints (whether or not registrable and whether or not design rights subsist in them), works in which copyright may subsist (including computer software and preparatory and course materials thereof), inventions (whether patentable or not, and whether or not patent protection has been applied for or granted) and all other intellectual property throughout the world, in perpetuity, for any use and for all languages, including but not limited to computer and human languages developed or created from time to time by or for LTW India and/or its affiliates by the Participant.
2. Ownership of IPR: The Participant agrees and acknowledges that all Intellectual Property Rights in the Program and all materials being shared with the Participant during the Program are sole and exclusively owned by LTW India and/or have been licensed to LTW India. LTW India shall be the first and exclusive owner of all rights including but not limited to Intellectual Property Rights and copyright in the Program and Program materials for all purposes, for the entire universe, in all languages and in perpetuity. LTW India, as first and exclusive owner, shall have the sole and exclusive right to exercise all rights comprised in copyright in the Program and Program materials in accordance with any/ all applicable laws.
3. Indemnification: The Participant agrees to defend, indemnify and hold harmless LTW India, its group companies, affiliates, officers, directors, employees and agents from and against any and all liability, for any and all claims and/or causes of action, damages, costs or judgments (including reasonable attorney’s fees) brought by or on behalf of any third party arising from or out of the Program and/or arising from or out of the breach of the provisions of this Agreement, or any claim which, would constitute such a breach of this Agreement by the Participant (including any breach of its representations or warranties), for any reason on account of any activity of the Participant in relation to the Program and pursuant to this Agreement, or the Participant ’s negligence or willful misconduct.
4. Assignment: The obligations in this agreement are personal to the Participant and the Participant shall not assign, transfer, sub-contract or in any other manner transfer to another party the benefit or burden of this Agreement.
5. Dispute Resolution: All doubts, differences, disputes, controversy or claims arising from, out of or in connection with this Agreement, or in the interpretation thereof shall be first settled through negotiation/conciliation between the Parties. If such negotiations do not lead to a settlement within 15 days of notifying the dispute in writing, it shall be finally resolved by arbitration by a sole arbitrator (to be mutually nominated by the Parties) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended) failing which such sole arbitrator shall be appointed in terms of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be New Delhi. The arbitration shall be conducted in the English language. Notwithstanding anything herein contained, nothing in this Agreement will prevent LTW India from approaching the Courts at New Delhi for specific performance of the terms of this Agreement or any other equitable remedy, which will be wholly without prejudice to any other remedy that LTW India may wish to pursue. This Agreement shall be governed by Indian law and subject to the above, will be subject to the sole and exclusive jurisdiction of the Courts at New Delhi.
6. Confidentiality and Non-Disclosure: The Participant hereby undertakes not to use, disclose, publish, reveal or make public, either directly or indirectly, except with the prior written consent of LTW India, any Confidential Information pertaining to the covenants of this Agreement, this present terms and conditions and/or the Program and Program materials and/ or LTW India. LTW India shall be the sole and exclusive owner of all Confidential Information. Confidential Information shall mean and include but shall not be limited to (i) any information related to LTW India (ii) the terms and conditions of this Agreement (iii) any information or data shared with the Participant in relation to the Program (iv) any information related to the Program. The Participant expressly agrees and acknowledges that it shall not make any public statement or press statement or provide any interviews to the media in connection with the Confidential Information and that it shall not authorize, encourage or permit third parties to make any public statements or issue or create any photographs, recordings, social media materials, writing, press materials or any other materials of any kind concerning LTW India or the Program without obtaining the prior written consent of LTW India, which consent may be withheld at its sole discretion. This Clause and the confidential obligations shall survive the termination and/or expiry of this Agreement.
7. No Publicity: The Participant understands and acknowledges the Participant’s confidentiality obligations and publicity obligations hereunder shall apply to any/all media whatsoever, including without limitation, any social networking site, micro-blogging service, user generated or user content website, online forum, discussion thread or comment section, personal website or blog, user modified website (“wiki”), or any other website, service, platform, program, application or other form or method of communication, whether now known or herein devised. Notwithstanding the foregoing, the Participant understands and acknowledges that the Participant shall not make disclosures prohibited hereunder via Facebook, Twitter, YouTube or any similar website or service without the prior written approval of LTW India.
8. Non-Disparagement: The Participant agrees that, during the Term of this Agreement and thereafter, the Participant shall not, make any written or oral communication, with the press or in any other form of the visual or print media including but not limited to social media platforms, or to third party, thereby ridiculing or making any statement or taking (or omitting to take) any action that is disparaging or is derogatory of the Program, LTW India or its affiliates or any of their personnel.
9. Data Protection: The Participant consents to LTW India holding and processing data relating to the Participant for legal, personnel, administrative and management purposes and in particular to the processing of any “sensitive personal data” (as defined in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) relating to the Participant.
10. Force Majeure: The failure by a Party to fulfill any of its obligations under this Participant Agreement and terms and conditions shall not be considered to be a breach of, or a default insofar as the inability arises from an event of Force Majeure (which shall include without limitation Acts of God, natural calamities, rains, bad weather conditions, terrorist strikes, acts of rioting and violence, public disorder, outbreak of pandemics, government imposed lockdowns/shutdowns, rules/decisions/directives of government and quasi-governmental bodies, court/arbitrator/tribunal orders, legal compliances, civic agencies etc).
11. Waiver: By this document the Participant hereby agrees to be bound by the terms and conditions as stated above. By counter-signing this document the Participant hereby confirms that the undertakings provided by the Participant hereinabove are true and accurate and consents and agrees (i) to the Participant attending and participating in the Program, on the terms and conditions set out above and not to hold or seek to hold LTW India responsible or liable for any injuries, harm, damage, mental, physical or emotional stress/complications/conditions, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant howsoever arising in relation to the Participant’s attendance or participation in the Program and hereby releases LTW India from any claims in relation thereto; and (ii) not to challenge the decision of LTW India in relation to the Program or any other activity.