(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach PURELY HIS agrees to provide services in accordance with the Purely His 5 Steps Program. (b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on the Coach’s website as part of the Program. (c) Coach reserves the right to substitute services equal to or comparable to the Program for the Client if reasonably required by the prevailing circumstances. (d) Client agrees to be open, present and prepared to complete the work as a team together. Client is responsible for his/her own success and implementation of objectives met. (e) Client is aware that the Coach does not solve matters typically handled by licensed, regulated professionals and is therefore not a replacement for the client’s legal counsel, or the like. (f) The Program includes the following: Weekly virtual group sessions, held every Monday evening, each up to 60 minutes in length. The Coach reserves the right to change these session offerings as needed. A private online, virtual group for you to support, connect, & share with the Coach and the other members of the group throughout the Program. A group coaching session may include assigning personal ‘self-work’ to do, working towards your own personal transformations. The Coach and your group members will support you by helping to hold you accountable for following through with the changes you want to make, and by celebrating your successful transformations.
Client agrees to be open-minded to the Coach’s coaching methods and partake in methods proposed, to include receiving coaching and guidance from guest speakers and consultants. Client understands the Coach has made no guarantees as to the outcome of the coaching sessions or Program. The Coach may revise methods or parts of the Program based on the needs of the Client, or as deemed necessary in the Coach’s opinion.
By participating in this Program, the Client acknowledges that the Coach and affiliated guest speakers and consultants are not legal professionals or the like. In the event the Coach, guest speaker or consultant does hold a professional designation or license the Client understands that any information provided should be considered a recommendation or suggestion. The Client acknowledges that the Coach and affiliated guest speakers and consultants are not legally qualified, is not a substitute for advice from a qualified professional, does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on communicated advice.
PAYMENT AND REFUND POLICY
(a) Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount, equivalent to monthly installments or one lump sum payment. (b) The fee for coaching is nonrefundable. We want you to be fully committed. (c) In the event the Client fails to make any of the payments within a payment plan during the time prescribed, the Coach has the right to immediately disallow participation by the Client until payment is paid in full, including disallowing access to private virtual group and coaching calls or sessions. In addition, a 3% interest fee will be charged for each day that payment is late for a maximum of 30 days. If the Client does not commence with payment after 30 days, the Coach has the right to terminate the Agreement.
INTELLECTUAL PROPERTY RIGHTS
In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement.
RIGHT TO TERMINATE
Coach has the right to terminate the Agreement at any time at her discretion and will provide the Client with a refund for any part of the program not completed that otherwise had been paid for in advance. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES
The information, education, and coaching provided to the Client by the Coach, guest speakers and consultants under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement or merchantability. Nor are there any warranties created by a course of deal, course of performance, or trade usage.
LIMITATION OF LIABILITY
By using PURELY HIS, LLC services and purchasing this Program, the Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that the Coach will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that the use of this Program is at the user’s own risk.
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 a mediator of the Coach’s choice. The mediation shall occur within ninety (90) days from the date of the initial mediation demand and shall take place in the Coach’s state of residence. The Parties shall cooperate in exchanging and expediting discovery as part of the mediation process and shall cooperate with each other to ensure that the mediation process is completed within the ninety (90) day period. Failure to reach an agreed-upon settlement will result in further legal action.
This Agreement is subject to and will be interpreted in accordance with the laws of the Coach’s state of residence. Any disputes arising out of this agreement will be adjudicated in the Circuit Court of Oregon, Jackson County.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
© 2022 Purely His, LLC. All rights reserved.