- Customer
- Payment
Contact information
THIS Self-paced experience CONTRACT (hereinafter: the “Contract”) is made and entered into as of the effective date, by and between the Parties. This Contract sets forth the legally binding terms and conditions for the Contract.
IN CONSIDERATION OF this Contract, the Parties hereby acknowledge, understand and agree to be bound by the following terms and conditions.
1. PURPOSE OF CONTRACT
1.1 The purpose of this Contract is to develop a coaching relationship between the Parties in order to cultivate the Client’s goals and to create a plan, using the methods and systems prescribed by the Coach to carry out those goals.
2. SCOPE OF WORK
2.1 The Parties agree to the following self-paced experience: Hello Clients, Hello Cash (hereinafter: the ‘Self-paced experience’). The Self-paced experience includes:
Hello Clients, Hello Cash Premium with Live Coaching
• Weekly Hchc Course Module Videos And Workbooks
• Hello Clients, Hello Cash Private Community
• Weekly Text Message Updates, Sales Tips, And Mindset Strategies.
• Monthly Live Group Coaching Sessions
• Monthly Guest Expert Presentations
• Monthly Live Coaching Sessions With Natasha
• Monthly Community Building Sessions
Hello Clients, Hello Cash
• • • •
3.
Weekly Hchc Course Module Videos And Workbooks
Hello Clients, Hello Cash Private Community
Weekly Text Message Updates, Sales Tips, And Mindset Strategies. 1 Visitor Pass To Observe A Vip Hot Seat Group Coaching Session
TERM OF CONTRACT
3.1 The term of this Contract (hereinafter: the “Term”) will begin on the Effective Date of the Contract and shall remain in full force and effect until the final week of the program. (hereinafter: the “Termination Date”).
4. CLIENT RESPONSIBILITY
4.1. The Client agrees and accepts that they are solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from the Self-paced experience, and accepts they are fully responsible for their own progress and results throughout the Self-paced experience.
4.2 The Client further agrees and accepts to be fully committed to the process, watch all video content, attend every scheduled session, complete associated tasks and come prepared to each call with one or two questions.
5. PAYMENT
5.1 In consideration for the Client’s access and enrollment in the Self-paced experience, the Client agrees to pay the current fee as outlined at checkout at the time of joining. The Client understands they will have the option to either (i) pay in full or (ii) select a pre-authorized payment plan with the first installment paid at the time of purchase and monthly thereafter according to the terms of the payment plan outlined at checkout.
5.2 The Client authorizes upon their first transaction for the Coach to charge their initial payment method and bank account in accordance with the terms herein. The Client agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change. The Client further understands that in the event any authorized charge applied by the Coach to the Client’s method of payment fails, the Client must pay all amounts due upon demand, together with applicable collection costs.
5.3 The Client accepts that if they are unable to adhere to the payment schedule, they must provide notice to the Coach forty-eight [48] hours prior to the payment due date. If the Client does not provide notice,
the Client understands that any delay in the payment will incur additional collection costs at the following rates:
5.4 The Client accepts that access to the Self-paced experience will be refused if payment has not been made as required by this Contract within twenty-four [24] hours of request, and that the Coach reserves the right to cancel all access to the Self-paced experience, and or terminate this Contract until payment has been made.
6. PAYMENT DISPUTE POLICY
6.1 The Client agrees to not dispute any charges at any time. In the event the Client inadvertently disputes a charge made to their account, the Client agrees to immediately cancel and/or withdraw such a dispute. The Client agrees to not cancel their payment method provided as security without the Coach’s prior written consent. The Client is responsible for any and all fees outstanding to the Coach, inclusive of attorney fees associated with recouping payment on disputes and any collection fees associated with such an event. If the Client has any questions about a charge made to their account, they may kindly email the coach at: hello@natashahemmingway.com.
7. REFUND POLICY
7.1 The Client understands that all sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Self-paced experience, failing to complete, follow-through or understand the details of the Self-paced experience, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund.
8. SCHEDULING
8.1 The Client agrees to engage in fifteen [15] calls throughout the duration of the Self-paced experience. The sessions will include six [6] Hot Seat coaching calls of ninety [90] minutes, six [6] guest expert calls of up to ninety [90] minutes, and three [3] private coaching calls of thirty [30] minutes.
8.2 For all private coaching calls, the Client will be given a scheduling link at the start of the Self-paced experience and is responsible for scheduling all three [3] calls throughout the duration of the Self-paced experience.
8.3 The sessions shall be through the prescribed method of online video communication or as otherwise outlined by the Coach prior to the session. The time and date of the Self-paced experience will be determined by the Coach.
9. RESCHEDULING
9.1 Due to the nature of the Self-paced experience, all group calls are not able to be rescheduled. The Client understands that all live training will be recorded for the Client to view at a later time. The Client
Fee
Terms
1 - 3 Days
$50.00
Payment must be made immediately upon request.
4 - 7 Days
$300.00
Payment must be made immediately upon request.
8 Days +
$500.00
Payment must be made immediately upon request.
further understands that private coaching calls are not able to be rescheduled, and the client will effectively forfeit a private coaching call if they are unable to attend. If the Client is unable to attend any calls the Client must notify the Coach. Any such notice must be sent to hello@natashahemmingway.com.
9.2 The Client understands that if they are late to a session, the session will stand to complete at the scheduled time.
9.3 The Client further understands that due to the nature of the Self-paced experience, the Client is not able to pause their participation in the Self-paced experience, and the Self-paced experience must be fulfilled within the term dictated for the program.
10. TERMINATION
10.1 The Client understands that either Party may terminate this Contract by written notice fourteen [14] days prior to any scheduled session. Any such written notice must be sent to: hello@natashahemmingway.com.
10.2 The Client further understands that the Coach retains the right to, and may limit, suspend or terminate the Self-paced experience prior to the Termination Date, without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to follow program guidelines, (iii) is found to harass the Coach or other students of the Coach, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Coach, (v) is negatively speaking about the program and or Self-paced experience offered by the Coach in public forums without prior consultation with the Coach as outlined herein. The Client accepts that the Coach will provide a formal warning prior to termination.
10.3 The Client accepts that if the Coach were to terminate their access to the Self-paced experience, for any other reason than those outlined in this Contract, the Coach will award a partial refund that is fair and equitable considering the investment and time left of the Self-paced experience. Any sessions and or services already delivered will not be refunded.
10.4 The Client understands that any money owing to the Coach at the time of termination will become due at the effective date of termination, and the Client agrees to compensate the Coach for the Services agreed upon, regardless of termination if under the aforementioned circumstances.
11. PRIVACY AND CONFIDENTIALITY
11.1 Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know-how, business and process information (“Confidential Information”), shall be treated by the Coach in the strictest confidence and not disclosed to third parties or used by the Coach for any purpose other than for providing the Client with the services specified herein, without the Client’s express written consent, other than to comply with the law. The Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Coach, (b) was in the Coach’s possession prior to receipt from the disclosure, (c) is received by Coach independently from a third party free to disclose such information, or (d) is independently developed by the Coach without use of the Client’s Confidential Information.
11.2 The Client agrees to keep confidential any Confidential Information, as defined in clause 10.1, shared by fellow participants in the Self-paced experience (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant
who discloses it. The Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on any group forum. The Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants in the Self-paced experience. Confidential Information shall not include information rightfully obtained from a third party. The Client will keep Participants’ Confidential Information in the strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and/or theft.
11.3 The Client understands that the relationship between parties does not constitute a legally confidential relationship (as is in the medical and legal professions) and therefore understands that communications are not subject to the protection of any legally recognized privilege.
12. MEDIA RELEASE AND TESTIMONIALS
12.1 The Client understands that the Coach may want to share parts of the Self-paced experience and/or results of the Self-paced experience provided, for future training and/or marketing purposes. The Coach will not release any confidential or proprietary information and will consult the Client before such use.
12.2 The Client grants permission for the Coach to photograph, and/or record any sessions and/or work conducted in which the Client is participating, and further acknowledges that the Coach may use the photographs, motion pictures, videotapes, recordings or any other record of the Client’s participation in the sessions and/or work conducted for purposes of social media, website, advertising, online courses and archiving.
12.3 In the event the Client provides a testimonial, the Client grants full permission for the Coach to use any and all photographs, motion pictures, videotapes, written words and/or the recording for marketing purposes.
12.4 The Client releases the Coach from all claims by which the Client may have now or in the future for compensation of any kind arising out of the Client’s participation in the aforementioned photographs, motion pictures, videotapes, recordings or any other record of the Clients participation in the Self-paced experience or related activities.
12.5 The Client understands that all calls between the Client and the Coach may be recorded for the personal use of the Parties.
13. INTELLECTUAL PROPERTY
13.1 The Coach retains all ownership rights to the materials provided during the Client’s participation under this Contract (hereinafter: the “Self-paced experience Materials”). The Self-paced experience Materials include all forms of media, including written, oral or video, in whatever format presented, including hard copy, electronic or recordings. All Self-paced experience Materials will be deemed to be copyrighted materials under applicable law. The Self-paced experience Materials provided to the Client are for individual use only and provided with a single-user license. The Client is not authorized to share, copy, distribute, or otherwise disseminate any of theSelf-paced experience Materials without the Coach’s express prior written consent. All intellectual property, including the Self-paced experience Materials, shall remain the sole property of the Coach and no license to sell or distribute the Materials is granted and/or implied herein. The Client agrees not to reproduce, duplicate, copy, trade, resell or exploit for any commercial or personal purposes, any portion of the Self-paced experience Services, including any of the Self-paced experience Materials. The Client will be responsible for all incurred loss, cost, damage or
expenses arising out of or in connection with the unauthorized use of the Self-paced experience Materials, including all direct, indirect or consequential loss, and will indemnify and hold the Coach harmless from all such unauthorized use of Self-paced experience Materials.
14. Self-paced experience MATERIALS
14.1 The Coach will make the Self-paced experience Materials available to the Client in perpetuity until the Coach is no longer utilizing the platform housing the Self-paced experience Materials. In the event the Coach elects to switch platforms, the Coach will provide twenty-four [24] hours notice prior to removing all content. The Client understands the term ‘life-time access’ to mean during the course of the Self-paced experience and for an undefined term thereafter. The Client will not have access to the Self-paced experienceMaterials if it is placed on another platform. The Client understands it is their responsibility to watch all course content in a timely fashion to maximize learnings.
15. DISCLAIMER
15.1 NO RESULTS GUARANTEED: The Coach makes no representations, warranties, guarantees or promises verbally or in writing, pertaining to the achievement of any level of results from the Clients participation in, or use of the Self-paced experience and associated Self-paced experience Materials. The Client understands and agrees that they are voluntarily choosing to enroll in the Self-paced experience and are solely responsible for any outcomes or results. The Client acknowledges and agrees that the Coach is not responsible nor liable to the Client should the Client sustain any injuries, incur harm, or encounter any negative ramifications in response to, during their participation in the Self-paced experience, or as a result of the teachings therein. The Client accepts that they are fully responsible for their own health, well-being, participation and any personally achieved results therein.
15.2 PROFESSIONAL ADVICE: The Client understands that the Coach does not offer any professional, medical, psychological or financial advice and that it is their exclusive responsibility to seek such independent professional guidance as needed.
15.3 GUEST EXPERTS: The Self-paced experience may, from time to time, offer guest expert training classes, calls and/or access to courses, resources and materials from guest experts as part of the Self-paced experience. The Client understands the guest expert is not an employee, partner or joint venture of the Coach, and is to be considered an independent contractor of the Self-paced experience. In the event the Client experiences any damages related to the guest expert training classes, the Client understands and agrees to waive any, and all, responsibility of the guest expert in connection with such experiences.
15.4 MEDICAL DISCLAIMER: The Client understands that the Self-paced experience is not therapy, and/or counseling, and therefore does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client confirms and agrees that they will not use the Self- paced experience as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.
15.5 The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provider details of the nature and extent of the Self-paced experience agreed upon by the Client and the Coach. The Client understands that if during the course of the Self-paced experience, the Coach feels that the nature of the discussion is outside of the scope in which the Coach is able to provide services, that the Coach will either refer the Client to someone else and/or terminate the Self-paced experience with a refund pro-rata.
16. LIMITATION OF LIABILITY
16.1 The Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Self-paced experience and/or Self-paced experience Materials provided by the Coach. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.
16.2 The Client shall defend, indemnify, and hold harmless the Coach, 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 Self-paced experience, excluding, however, any such expenses and liability which may result from a breach of this Contract or sole negligence or willful misconduct by the Coach. In consideration of, and as part of, the Client’s payment for the right to participate in the Self-paced experience, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Coach and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Self-paced experience.
17. NO NEGATIVE STATEMENTS OR ACTIONS
17.1 The Client shall not at any time, directly or indirectly, take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Coach and/or Self-paced experience in any way.
18. MODIFICATIONS
18.1 The Coach may modify this Contract from time to time. Any modifications will be notified to the Client, and the Client may either continue the Self-paced experience under the new conditions or the Contract will be terminated.
18.2 The Client understands that without any notice to the contrary, by continuing the Self-paced experience after notification shall enforce the modified Contract as effective and the Client agrees to be bound to any changes in the Contract.
19. DISPUTE RESOLUTION
19.1 In the event a dispute arises out of this Contract and cannot be resolved by mutual consent, the Parties agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party, all costs and expenses incurred, including but not limited to, attorneys’ fees.
20. SEVERABILITY
20.1 If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
20.2 If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
21. WAIVER
21.1 The failure of either Party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
22. FORCE MAJEURE
22.1 Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of the Self-paced experience such as:
● an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);
● or other (inclusive of hostility, war, invasion);
● or any hazardous situation created outside the control of either Party (inclusive of a riot,
pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).
23. JURISDICTION
23.1 This Contract shall be interpreted and governed in accordance with the laws of the State of North Carolina.
24. BINDING EFFECT
24.1 This Contract shall be legal and binding upon the Parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Contract.
25. ENTIRE CONTRACT
25.1 This document reflects the entire Contract between the Coach and the Client. The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
IN CONSIDERATION OF this Contract, the Parties hereby acknowledge, understand and agree to be bound by the following terms and conditions.
1. PURPOSE OF CONTRACT
1.1 The purpose of this Contract is to develop a coaching relationship between the Parties in order to cultivate the Client’s goals and to create a plan, using the methods and systems prescribed by the Coach to carry out those goals.
2. SCOPE OF WORK
2.1 The Parties agree to the following self-paced experience: Hello Clients, Hello Cash (hereinafter: the ‘Self-paced experience’). The Self-paced experience includes:
Hello Clients, Hello Cash Premium with Live Coaching
• Weekly Hchc Course Module Videos And Workbooks
• Hello Clients, Hello Cash Private Community
• Weekly Text Message Updates, Sales Tips, And Mindset Strategies.
• Monthly Live Group Coaching Sessions
• Monthly Guest Expert Presentations
• Monthly Live Coaching Sessions With Natasha
• Monthly Community Building Sessions
Hello Clients, Hello Cash
• • • •
3.
Weekly Hchc Course Module Videos And Workbooks
Hello Clients, Hello Cash Private Community
Weekly Text Message Updates, Sales Tips, And Mindset Strategies. 1 Visitor Pass To Observe A Vip Hot Seat Group Coaching Session
TERM OF CONTRACT
3.1 The term of this Contract (hereinafter: the “Term”) will begin on the Effective Date of the Contract and shall remain in full force and effect until the final week of the program. (hereinafter: the “Termination Date”).
4. CLIENT RESPONSIBILITY
4.1. The Client agrees and accepts that they are solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from the Self-paced experience, and accepts they are fully responsible for their own progress and results throughout the Self-paced experience.
4.2 The Client further agrees and accepts to be fully committed to the process, watch all video content, attend every scheduled session, complete associated tasks and come prepared to each call with one or two questions.
5. PAYMENT
5.1 In consideration for the Client’s access and enrollment in the Self-paced experience, the Client agrees to pay the current fee as outlined at checkout at the time of joining. The Client understands they will have the option to either (i) pay in full or (ii) select a pre-authorized payment plan with the first installment paid at the time of purchase and monthly thereafter according to the terms of the payment plan outlined at checkout.
5.2 The Client authorizes upon their first transaction for the Coach to charge their initial payment method and bank account in accordance with the terms herein. The Client agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change. The Client further understands that in the event any authorized charge applied by the Coach to the Client’s method of payment fails, the Client must pay all amounts due upon demand, together with applicable collection costs.
5.3 The Client accepts that if they are unable to adhere to the payment schedule, they must provide notice to the Coach forty-eight [48] hours prior to the payment due date. If the Client does not provide notice,
the Client understands that any delay in the payment will incur additional collection costs at the following rates:
5.4 The Client accepts that access to the Self-paced experience will be refused if payment has not been made as required by this Contract within twenty-four [24] hours of request, and that the Coach reserves the right to cancel all access to the Self-paced experience, and or terminate this Contract until payment has been made.
6. PAYMENT DISPUTE POLICY
6.1 The Client agrees to not dispute any charges at any time. In the event the Client inadvertently disputes a charge made to their account, the Client agrees to immediately cancel and/or withdraw such a dispute. The Client agrees to not cancel their payment method provided as security without the Coach’s prior written consent. The Client is responsible for any and all fees outstanding to the Coach, inclusive of attorney fees associated with recouping payment on disputes and any collection fees associated with such an event. If the Client has any questions about a charge made to their account, they may kindly email the coach at: hello@natashahemmingway.com.
7. REFUND POLICY
7.1 The Client understands that all sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Self-paced experience, failing to complete, follow-through or understand the details of the Self-paced experience, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund.
8. SCHEDULING
8.1 The Client agrees to engage in fifteen [15] calls throughout the duration of the Self-paced experience. The sessions will include six [6] Hot Seat coaching calls of ninety [90] minutes, six [6] guest expert calls of up to ninety [90] minutes, and three [3] private coaching calls of thirty [30] minutes.
8.2 For all private coaching calls, the Client will be given a scheduling link at the start of the Self-paced experience and is responsible for scheduling all three [3] calls throughout the duration of the Self-paced experience.
8.3 The sessions shall be through the prescribed method of online video communication or as otherwise outlined by the Coach prior to the session. The time and date of the Self-paced experience will be determined by the Coach.
9. RESCHEDULING
9.1 Due to the nature of the Self-paced experience, all group calls are not able to be rescheduled. The Client understands that all live training will be recorded for the Client to view at a later time. The Client
Fee
Terms
1 - 3 Days
$50.00
Payment must be made immediately upon request.
4 - 7 Days
$300.00
Payment must be made immediately upon request.
8 Days +
$500.00
Payment must be made immediately upon request.
further understands that private coaching calls are not able to be rescheduled, and the client will effectively forfeit a private coaching call if they are unable to attend. If the Client is unable to attend any calls the Client must notify the Coach. Any such notice must be sent to hello@natashahemmingway.com.
9.2 The Client understands that if they are late to a session, the session will stand to complete at the scheduled time.
9.3 The Client further understands that due to the nature of the Self-paced experience, the Client is not able to pause their participation in the Self-paced experience, and the Self-paced experience must be fulfilled within the term dictated for the program.
10. TERMINATION
10.1 The Client understands that either Party may terminate this Contract by written notice fourteen [14] days prior to any scheduled session. Any such written notice must be sent to: hello@natashahemmingway.com.
10.2 The Client further understands that the Coach retains the right to, and may limit, suspend or terminate the Self-paced experience prior to the Termination Date, without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to follow program guidelines, (iii) is found to harass the Coach or other students of the Coach, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Coach, (v) is negatively speaking about the program and or Self-paced experience offered by the Coach in public forums without prior consultation with the Coach as outlined herein. The Client accepts that the Coach will provide a formal warning prior to termination.
10.3 The Client accepts that if the Coach were to terminate their access to the Self-paced experience, for any other reason than those outlined in this Contract, the Coach will award a partial refund that is fair and equitable considering the investment and time left of the Self-paced experience. Any sessions and or services already delivered will not be refunded.
10.4 The Client understands that any money owing to the Coach at the time of termination will become due at the effective date of termination, and the Client agrees to compensate the Coach for the Services agreed upon, regardless of termination if under the aforementioned circumstances.
11. PRIVACY AND CONFIDENTIALITY
11.1 Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know-how, business and process information (“Confidential Information”), shall be treated by the Coach in the strictest confidence and not disclosed to third parties or used by the Coach for any purpose other than for providing the Client with the services specified herein, without the Client’s express written consent, other than to comply with the law. The Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Coach, (b) was in the Coach’s possession prior to receipt from the disclosure, (c) is received by Coach independently from a third party free to disclose such information, or (d) is independently developed by the Coach without use of the Client’s Confidential Information.
11.2 The Client agrees to keep confidential any Confidential Information, as defined in clause 10.1, shared by fellow participants in the Self-paced experience (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant
who discloses it. The Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on any group forum. The Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants in the Self-paced experience. Confidential Information shall not include information rightfully obtained from a third party. The Client will keep Participants’ Confidential Information in the strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and/or theft.
11.3 The Client understands that the relationship between parties does not constitute a legally confidential relationship (as is in the medical and legal professions) and therefore understands that communications are not subject to the protection of any legally recognized privilege.
12. MEDIA RELEASE AND TESTIMONIALS
12.1 The Client understands that the Coach may want to share parts of the Self-paced experience and/or results of the Self-paced experience provided, for future training and/or marketing purposes. The Coach will not release any confidential or proprietary information and will consult the Client before such use.
12.2 The Client grants permission for the Coach to photograph, and/or record any sessions and/or work conducted in which the Client is participating, and further acknowledges that the Coach may use the photographs, motion pictures, videotapes, recordings or any other record of the Client’s participation in the sessions and/or work conducted for purposes of social media, website, advertising, online courses and archiving.
12.3 In the event the Client provides a testimonial, the Client grants full permission for the Coach to use any and all photographs, motion pictures, videotapes, written words and/or the recording for marketing purposes.
12.4 The Client releases the Coach from all claims by which the Client may have now or in the future for compensation of any kind arising out of the Client’s participation in the aforementioned photographs, motion pictures, videotapes, recordings or any other record of the Clients participation in the Self-paced experience or related activities.
12.5 The Client understands that all calls between the Client and the Coach may be recorded for the personal use of the Parties.
13. INTELLECTUAL PROPERTY
13.1 The Coach retains all ownership rights to the materials provided during the Client’s participation under this Contract (hereinafter: the “Self-paced experience Materials”). The Self-paced experience Materials include all forms of media, including written, oral or video, in whatever format presented, including hard copy, electronic or recordings. All Self-paced experience Materials will be deemed to be copyrighted materials under applicable law. The Self-paced experience Materials provided to the Client are for individual use only and provided with a single-user license. The Client is not authorized to share, copy, distribute, or otherwise disseminate any of theSelf-paced experience Materials without the Coach’s express prior written consent. All intellectual property, including the Self-paced experience Materials, shall remain the sole property of the Coach and no license to sell or distribute the Materials is granted and/or implied herein. The Client agrees not to reproduce, duplicate, copy, trade, resell or exploit for any commercial or personal purposes, any portion of the Self-paced experience Services, including any of the Self-paced experience Materials. The Client will be responsible for all incurred loss, cost, damage or
expenses arising out of or in connection with the unauthorized use of the Self-paced experience Materials, including all direct, indirect or consequential loss, and will indemnify and hold the Coach harmless from all such unauthorized use of Self-paced experience Materials.
14. Self-paced experience MATERIALS
14.1 The Coach will make the Self-paced experience Materials available to the Client in perpetuity until the Coach is no longer utilizing the platform housing the Self-paced experience Materials. In the event the Coach elects to switch platforms, the Coach will provide twenty-four [24] hours notice prior to removing all content. The Client understands the term ‘life-time access’ to mean during the course of the Self-paced experience and for an undefined term thereafter. The Client will not have access to the Self-paced experienceMaterials if it is placed on another platform. The Client understands it is their responsibility to watch all course content in a timely fashion to maximize learnings.
15. DISCLAIMER
15.1 NO RESULTS GUARANTEED: The Coach makes no representations, warranties, guarantees or promises verbally or in writing, pertaining to the achievement of any level of results from the Clients participation in, or use of the Self-paced experience and associated Self-paced experience Materials. The Client understands and agrees that they are voluntarily choosing to enroll in the Self-paced experience and are solely responsible for any outcomes or results. The Client acknowledges and agrees that the Coach is not responsible nor liable to the Client should the Client sustain any injuries, incur harm, or encounter any negative ramifications in response to, during their participation in the Self-paced experience, or as a result of the teachings therein. The Client accepts that they are fully responsible for their own health, well-being, participation and any personally achieved results therein.
15.2 PROFESSIONAL ADVICE: The Client understands that the Coach does not offer any professional, medical, psychological or financial advice and that it is their exclusive responsibility to seek such independent professional guidance as needed.
15.3 GUEST EXPERTS: The Self-paced experience may, from time to time, offer guest expert training classes, calls and/or access to courses, resources and materials from guest experts as part of the Self-paced experience. The Client understands the guest expert is not an employee, partner or joint venture of the Coach, and is to be considered an independent contractor of the Self-paced experience. In the event the Client experiences any damages related to the guest expert training classes, the Client understands and agrees to waive any, and all, responsibility of the guest expert in connection with such experiences.
15.4 MEDICAL DISCLAIMER: The Client understands that the Self-paced experience is not therapy, and/or counseling, and therefore does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client confirms and agrees that they will not use the Self- paced experience as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.
15.5 The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provider details of the nature and extent of the Self-paced experience agreed upon by the Client and the Coach. The Client understands that if during the course of the Self-paced experience, the Coach feels that the nature of the discussion is outside of the scope in which the Coach is able to provide services, that the Coach will either refer the Client to someone else and/or terminate the Self-paced experience with a refund pro-rata.
16. LIMITATION OF LIABILITY
16.1 The Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Self-paced experience and/or Self-paced experience Materials provided by the Coach. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.
16.2 The Client shall defend, indemnify, and hold harmless the Coach, 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 Self-paced experience, excluding, however, any such expenses and liability which may result from a breach of this Contract or sole negligence or willful misconduct by the Coach. In consideration of, and as part of, the Client’s payment for the right to participate in the Self-paced experience, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Coach and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Self-paced experience.
17. NO NEGATIVE STATEMENTS OR ACTIONS
17.1 The Client shall not at any time, directly or indirectly, take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Coach and/or Self-paced experience in any way.
18. MODIFICATIONS
18.1 The Coach may modify this Contract from time to time. Any modifications will be notified to the Client, and the Client may either continue the Self-paced experience under the new conditions or the Contract will be terminated.
18.2 The Client understands that without any notice to the contrary, by continuing the Self-paced experience after notification shall enforce the modified Contract as effective and the Client agrees to be bound to any changes in the Contract.
19. DISPUTE RESOLUTION
19.1 In the event a dispute arises out of this Contract and cannot be resolved by mutual consent, the Parties agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party, all costs and expenses incurred, including but not limited to, attorneys’ fees.
20. SEVERABILITY
20.1 If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
20.2 If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
21. WAIVER
21.1 The failure of either Party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
22. FORCE MAJEURE
22.1 Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of the Self-paced experience such as:
● an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);
● or other (inclusive of hostility, war, invasion);
● or any hazardous situation created outside the control of either Party (inclusive of a riot,
pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).
23. JURISDICTION
23.1 This Contract shall be interpreted and governed in accordance with the laws of the State of North Carolina.
24. BINDING EFFECT
24.1 This Contract shall be legal and binding upon the Parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Contract.
25. ENTIRE CONTRACT
25.1 This document reflects the entire Contract between the Coach and the Client. The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
I agree
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