Terms + Conditions - Sensitive badass academy™
By purchasing this Sensitive Badass Academy™ Masterclass (“Program”) from Amber Rochelle (“Company”), you (“Client” and collectively, the “Parties”) agree to the following terms of this Purchase Agreement (“Agreement)”:
Company agrees to provide its Program and 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 Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
This Program is an one time program that requires a one time payment. Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
You accept our Terms by:
(a) using and continuing to use our Services
(b) paying for our Services; or
(c) written confirmation that you accept, including by email.
Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms.
The total price of this program is $34. This one-time payment of $34 may be received through PayPal, Stripe, debit or credit card. Client grants Company the authority to charge the card(s) provided each month. If a payment is not received, Company reserves the right to suspend Services until payment is complete. No refunds of prior payments will be given.
As a subscriber to the Sensitive Badass Academy™ program, the Client agrees as follows:
A. The Client agrees to pay, using a valid credit card (or other form of payment which we may accept from time to time). The Company reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to the Client by such means as the Company may deem appropriate from time to time (including electronic mail or conventional mail). The Company is granted authorization by the Client by accepting these Terms to auto bill all applicable subsequent Sensitive Badass Academy™ monthly charges. The renewal charge will be the same as the prior period’s charge, unless the Company notifies the Client in advance at the time of sign up or prior to the beginning of the renewal period as described above. In the event that the Company cannot charge your account, the Company reserves the right to terminate the Client’s access to the Program.
B. In addition to the fees and charges set forth above, the Client is responsible for all charges and fees associated with connecting to and using the Company’s Program, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Program.
C. If the Company terminates the Client’s subscription to the Program at the end of the applicable period, you agree that all fees and charges assessed by the Company are nonrefundable. Nonrefundable fees include the full Monthly Fee for any month (or portion thereof) elapsed (regardless of whether the Client participated in the Program during that month). If the Company cancels or terminates the Client’s subscription to our Program (as opposed to the Client canceling their subscription) prior to the end of a period for which the Client has incurred a charge, the Company will refund any unused portion of such period on a pro rata basis.
D. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company 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 Company, Company 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 Company’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 Company without notifying Company in advance.
E. If the Client believes that the Company has erroneously charged their credit card, the Client agrees to promptly notify the Company of such error. If the Client fails to notify the Company within ten (10) days after the alleged error first appears on the Client’s credit card statement, the charge shall be deemed accepted by the Client for all purposes, including, but not limited to, the resolution of inquiries or investigations made by the issuer on the Client’s credit card. The Client agrees to release the Company from all liabilities and claims of loss resulting from any alleged billing error or any discrepancy that the Client fails to report to the Client within ten (10) days of its submission to the Client.
Company will hold calls over the web. It is Client’s responsibility to attend all calls with Company. If Client fails to attend calls, they will not be rescheduled.
Client also understands that any/all scheduled coaching calls and/or other benefits expire at the end of the Term of this Program and will not be carried-over.
Client acknowledges that all group calls will be recorded and given access to recordings to continue to listen to for personal growth whether Client actively participated in a call or not. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by Coach.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). 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 shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
NON-DISCLOSURE OF COMPANY MATERIALS
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Seattle, Washington. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
This Agreement shall be governed by and construed in accordance with the laws of the state of Washington, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement is deemed signed and accepted by Client and Client’s electronic click to accept the terms of this Agreement and Client’s purchase of the Program.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
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.
CHANGES TO THIS AGREEMENT
Company may revise these terms and will always post any updated or more recent versions on Company website. By continuing to use or access the Program after any revisions come into effect, Client agrees to be bound by the revisions.
CLIENT RESPONSIBILITY; NO GUARANTEES
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company 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 signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.