Terms and Conditions
Please READ Carefully
By clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement, according to the following terms and conditions:
Rosanne Austin agrees to co-facilitate a 2 Hour teleclass with Helen Adrienne (herein referred to as “Program”), titled Tame Negative Thinking On Your Fertility Journey. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Rosanne Austin (herein referred to as “Consultant,” “Coach” or “Rosanne”), is not an employee of Client, or acting as Client’s agent, lawyer, doctor, manager, therapist, business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, mental condition, or ailment and if they should experience any such issues they should see their licensed physician or other practitioner as determined by their own judgment.
Client acknowledges and understands that Coaching is not therapy. Client acknowledges that Coach does not, and will not provide any medical, legal, accounting, psychological, behavioral, or other advice or counseling. Client further acknowledges that Coach has made no such representation in any interaction that would lead Client to believe that Coach has undertaken to do so. Client expressly agrees to hold Coach harmless against any allegations or claims that Coach has done so.
Client understands that a coaching relationship does not exist between the parties after the conclusion of the Program. If the Parties continue their relationship, a separate agreement will be entered into.
Client understands and acknowledges that Rosanne Austin is only obligated to provide coaching services and facilitation as detailed below.
Client understands and acknowledges that Rosanne Austin makes no express or implied warranty or guarantees, or attestations to the truth or efficacy of any representations made by co-facilitator Helen Adrienne, and vice versa. Rosanne Austin and Helen Adrienne are solely responsible for their own subject matter and Client agrees to hold Rosanne Austin harmless as to any representations made by Helen Adrienne and vice versa.
Client understands and agrees that Rosanne Austin and Helen Adrienne are separate and independent entities that are solely responsible for the product/services they alone produce and NOT for each other’s product. Client agrees to address any concerns with any respective product to the producer of that product.
- (1) Two-hour live teleclass that includes group coaching during the same time period.
- Worksheets to supplement the live lesson and group coaching
LENGTH OF PROGRAM
The date of the Program is October 16, 2015. The duration of the teleclass is from 9:00 AM Pacific to 11:00 AM Pacific (herein referred to as “Commitment Period”). Client understands that any/all obligations to provide education or group coaching expire at the end of the Commitment Period, and will not be carried-over.
Total price of this program is ninety-seven dollars (97.00 USD).
Client must pay in full prior to the commencement of the program.
Client is liable for the total cost of the program, regardless of whether they attend live or by replay and in any proportion thereof. We reserve the right to institute alternative collections actions including, but not limited to: credit/debt collection service(s) or arbitration. Access to program will be revoked until account is current and all payments have been paid in full.
Client’s access to the program will be suspended until Client’s payment is current. Client is liable for the total cost of the Program. Company reserves the right to institute alternative collections actions including but not limited to; credit/debt collection service(s) or arbitration. Client will not receive access to current Program until account is current and all payments have been collected in full.
Company reserves the right to permanently bar Client from Program if account remains delinquent for more than 60 days.
METHODS OF PAYMENT
Client authorizes Coach to charge Client’s credit card(s) or debit card(s), or by remitting payment via PayPal.
CHARGEBACKS AND PAYMENT SECURITY
To the extent that Client provides Coach with credit card(s) information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Coach, Coach shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Coach’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Coach without notifying Coach in advance.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. If Client elects to discontinue their participation in the Program for any reason, Client is still responsible for any and all outstanding balance(s).
To further clarify, no refunds will be issued unless made prior to the transmission of course materials to Client. Client will be sent course materials 3 days prior to the 2-hour live course. As Client will have access to program materials and a replay of the live class, thus providing all promised services, no refunds will be processed if they are requested less than 72 hours prior to the course. No Exceptions.
If a refund is issued, Client will have no further access to the program effective immediately.
SCHEDULED TIME FOR CLASSES/CALLS
All call schedule will be provided upon enrollment, in the confirmation. If the schedule changes Coach will notify Client. All calls are stated in Pacific Time (California.) Client will have access to a replay of the class/coaching call if they are not able to attend live (for a limited period of time.)
The Coach respects Client’s privacy and insists that Client respects the Coach’s and Program Participants privacy (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program Participants or any representative of the Coach is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the forum or otherwise.
Client understands their name and other identifying information may be displayed amongst Program Participants and that system errors may occur.
Client agrees not to use such confidential information in any manner other than in discussion with the Company or other Program Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Client agrees that if they violate or display any likelihood of violating this section the Coach and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Client should be advised that Coach will breach confidentiality to alert local authorities if it becomes apparent to Coach that Client is a danger to themselves or others. Client agrees to hold Coach harmless for doing so.
NON-DISCLOSURE OF COACHING MATERIALS
Material given to Client in the course of Client’s work with the Coach is proprietary, copyrighted and developed specifically for Coach. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Coach’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY
Coach’s program is copyrighted and the 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 Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied.
Further, by agreeing to these terms in purchase, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations—entirely at Client’s expense.
Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Coach will help and guide Client however, participation is the one vital element to the Program’s success that relies solely on Client. Coach makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By purchasing, Client acknowledges that as with any endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
NON-SOLICITATION OF PERSONNEL
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Violation of this section is grounds for termination of Client’s participation in the Program without refund. Client will still be liable to pay the total contract amount.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by 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.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
1) LIMITATION OF LIABILITY. Client agrees they used Coach’s services at their own risk and that Program is only an educational service being provided. Client releases Coach, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Coach 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 Coach’s services or enrollment in the Program.
2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
3) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.
4) TERMINATION. Coach is committed to providing all clients in the Program with a positive Program experience. By purchasing, Client agrees that the Coach may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund, if Client become disruptive or difficult to work with, inhibits the participation of other Program Participants or upon violation of the terms. In the event Coach terminates this Agreement due to a breach by the Participant, the Participant shall immediately cease using the Materials. The obligations of the Participant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.
5) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Coach, 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 product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach, or any affiliates or successors. Client shall defend Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Coach’s affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Coach.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Coach must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
Any arbitration will be conducted according to the law of the State of California. Client agrees that the venue for any such arbitration will be the State of California.
7) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
8) NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: firstname.lastname@example.org
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Client.
Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.