Coaching Terms & Conditions
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Think or Blue, LLC (“Company”, “Consultant”, “we”, or “us”).
Program
The Company agrees to provide you with access to Fair Play Facilitation (“Program” or “Services”). Coaching is a partnership focused on developing the client’s awareness, mindset, and behaviors in order to achieve his/her goals. Consultant will be direct and honest, and encourage Client to do the same. If Client believes coaching is not working as desired, Client will communicate this to Consultant. Client will not use coaching as a substitute for counseling, psychotherapy, mental health care, or substance abuse treatment, and will not use it in place of any form of diagnosis, therapy, or treatment. As a condition of participating in the Program, Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Fees
In consideration of Your access to the Program, you agree to pay the following fees.
Payment for programs is due in full at the time of booking, unless a custom payment plan has been selected.
FOR PROGRAMS WITH SINGLE PAYMENT AND PAYMENT PLAN OPTIONS: You may choose between the full payment of $1575 or 4 monthly payments of $397/month. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 3 payments on a monthly basis, for a total payment of $1588. If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.
Company provides you with access to the Program via FG Funnels., which may charge you additional sales taxes based on your location or residence, in accordance with the applicable rules and regulations of each jurisdiction.
Payment Plan Authorization
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Refund Policy
Payment is non-refundable. In situations of Client’s significant illness or emergency, Company may, in its discretion, postpone the remaining number of coaching sessions to a later date, to take place within 18 months. If Client elected a payment plan, the monthly payments will continue as scheduled.
The Program
As part of the Program, the Company shall provide the following to Client.
Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area for the duration of your coaching relationship with Company.
Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses that are offered to you within 30 days of registration. Client shall provide to Company a physical address for bonus items that require shipping.
Ownership Of All Intellectual Property
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company, Fair Play, or Hello Sunshine, and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Confidentiality
Company protects the privacy and confidentiality of its communications with its clients. At no time will Company divulge the coaching relationship or contents of the coaching relationship without written permission from Clients, unless required by law. As a condition of participating in the Program, you hereby agree to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants in a group program outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
Personal Responsibility
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
Before starting any lifestyle, nutrition, or dietary changes, you should consult with your doctor or other licensed health professional, to assess and review safety and appropriateness for you. If you (“Client”) suspect you have an ailment or illness, you should seek medical attention right away.
Consultant is not a physician or psychologist or otherwise licensed as a medical or mental health professional, dietician, or personal trainer in any state. The scope of Consultant’s information and services does not include any treatment or diagnosis of any mental or physical illness or disorder. Consultant cannot and does not diagnose or treat any health conditions; and does not and cannot make recommendations about nutritional, medical, or other health treatments or medications. All information or discussions about nutrition or wellness is informational only, and should not be relied upon and should not be relied on as safe or effective for you until you consult with licensed health professionals. Only your licensed health professionals can advise you on health practices and protocols. Consultant’s services are purely for educational and informational purposes only, and you should consult with a licensed health professional before changing any health or exercise or diet routine.
Consultant is an unlicensed holistic life coach and certified Fair Play Facilitator, whose services are not licensed by the state of Connecticut. Consultant helps Client to consider mindfulness strategies, mindset shifts, and relational techniques that support your personal growth and development, after Client consults with a licensed health professional about the information shared.
Company cannot and does not promise or guarantee any protection from future illness or any improvement in your health, energy, or vitality. Client understands that Consultant is not a licensed health professional, that her services are purely for informational and educational purposes, and that you hereby release and waive any and all claims of any kind or nature against Consultant now or in the future. Consultant will not be held liable for failure to diagnose any health conditions, nor will she be liable to prevent any future health conditions or damage you may feel you suffer after engaging in Consultant’s services.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
Program is intended for use by adults 18 and over. All material provided is for informational and educational purposes only, and does not constitute psychological or medical advice or instruction. Client agrees to consult a physician or a qualified health professional on any matters regarding the health and wellbeing of Client and Client’s family, or on any opinions expressed in the Program.
No Warranties
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
Consultant shall not be held responsible for any adverse or other consequences or losses arising out of decisions or actions the Client may make as a result of education and information and services provided by Consultant. Except as expressly provided in this Agreement, CONSULTANT MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, WITH RESPECT TO THE COACHING SERVICES AGREED UPON OR RENDERED. CONSULTANT SHALL NOT BE LIABLE TO CLIENT FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES.
Disputes:
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the parties agree to attempt to mediate in good faith, by a mediator chosen by Consultant, for up to 90 days after notice given. The parties will equally split the costs of mediation. Any subsequent legal action shall be tried and litigated exclusively in the state or federal courts of Connecticut.In the event Consultant commences an action to enforce the terms of this Agreement, Consultant is entitled to reasonable attorney’s fees and costs.
Applicable Law:
This Agreement shall be governed and construed in accordance with the laws of the State of Connecticut, without giving effect to any conflicts of laws provisions.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Entire Agreement
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Effective Date
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.