GROUP COACHING TERMS & AGREEMENT
By clicking the payment button (Pay Now), entering your credit card information, making an online payment, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by AYANNA MCMULLEN (“Coach”), acting on behalf of HARMONY ORGANIZING, LLC(“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
(a)Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the 2020-2021 Group Coaching 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 Coach’s website as part of the Program.
(c)Coach reserves the right to substitute services equal to or comparable to the Program for 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 Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s Doctor, Therapist or Physician. If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together.
(f)The Program includes the following:
8 group sessions, held every Tuesday evening, each 1.5 to 2 hours long, virtually via Zoom
Email boosters to motivate you.
A private Facebook group for you to support you, keep you accountable, connect, & share with myself and the other members of the group throughout the program.
Session will 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 beautiful transformations.
2. METHODOLOGY. Client agrees to be open-minded to Coach’s coaching methods and partake in methods proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.
3. DISCLAIMER. 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, partners 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.
In addition, the information contained in or made available through the Site, Social Media pages (including but not limited to information contained on message boards, in text files, or in chats) and the Program cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters.
The Coach may provide the Client with information relating to services and products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation.
4. PAYMENT AND REFUND POLICY.
(a)Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount, for all 8 session.
(b)Coach does not offer refunds to ensure that clients are fully committed to the coaching. If an unforeseen circumstance occurs that causes the client to quit the program, the coach may decide to partially refund at her discretion.
(c)If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(d)In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, 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 Client does not commence with payment after 30 days, Coach has the right to terminate agreement and/or seek legal action.
5. 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.
More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product.
6. RIGHT TO TERMINATE. Coach has the right to terminate the Agreement at any time at her discretion and will provide Client with a refund for any part of the program not completed that otherwise had been paid for in advance.
7. 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.
8. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach 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, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
9. LIMITATION OF LIABILITY. By using HARMONY ORGANIZING, LLC services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. 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 the Program. Client agrees that use of this Program is at user’s own risk.
10. CONFIDENTIALITY AND NON-COMPETE. Participants of the program hereby understand that the tools, processes, strategies, materials and information presented on the program are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of the program’s proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and HARMONY ORGANIZING LLC will pursue legal action and full damages if these terms are violated in order to protect its rights.
11. ACTS OF GOD. The Coach shall not be liable to the Client for any damages, failure to perform obligations or otherwise during a Force Majeure event. “Force Majeure” refers to unforeseeable circumstances beyond the Owner’s reasonable control and include but are not limited to acts of any government, legal authority, fires, strikes, lockouts, fire, lightning, insurrections, explosions earthquakes and other natural disasters.
12. PASSWORDS. To use certain online features of the program, you may need a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
13. FACEBOOK GROUP. HARMONY ORGANIZIN LLC may host message boards, chats and other public forums for the program. If the Client fails comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. HARMONY ORGANIZING LLC or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by HARMONY ORGANIZING LLC staff, HARMONY ORGANIZING LLC’s outside contributors, or by users not connected with HARMONY ORGANIZING LLC, some of whom may employ anonymous user names. HARMONY ORGANIZING LLC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of HARMONY ORGANIZING LLC or any of its subsidiaries or affiliates.
HARMONY ORGANIZING LLC has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
14. MEDIA RELEASE WAIVER. , the Client, hereby consents to the use by HARMONY ORGANIZING LLC, and those acting with permission and authority of Harmony Organizing, of all photographs, videotape, or other images or recordings that Harmony Organizing has taken of me or in which I may be included or any images or photos of before and after or any work to be done or completed for all purposes, in any and all media including the Internet, without limitation, including promotion, solicitation, advertising or trade.
You acknowledge that HARMONY ORGANIZING LLC has the right but not the obligation to use and display any postings or contributions to the Site or its Social Media Platforms of any kind and that HARMONY ORGANIZING LLC may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
15. DISPUTE RESOLUTION. 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.
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Coach’s state or residence, regardless of the conflict of laws principles thereof.
17. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.