Helping Couples Heal LLC
Terms & Conditions of Use
It is our goal to provide you with the highest level of support towards your goals.
To that end, it is important that you know and understand the terms and conditions of our psycho-educational workshop, trainings, coaching services, and online courses.
Please read this Master Consent and Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Helping Couples Heal, LLC (“HCH”) digital or downloadable resources, online course, one-on-one or group coaching, class, program, training, workshop, online coaching community, or enter any online private forums operated by HCH (for any purpose), whether on a website hosted by HCH or a third-party website such as an online course platform, Mighty Networks, Basecamp, or similar community or communication tool (collectively “the Program”).
If you do not agree with these TOU, you may not use the Program.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Helping Couples Heal, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Duane Osterlind; (iv) Marnie Breecker; and (iv) Harold Breecker.
Section 1 - Payment
The following terms apply to all Programs:
You agree to pay the fees and payment schedule selected when you register for any Program.
Coaching services are generally not eligible for insurance reimbursement, and we cannot provide diagnostic or procedural codes in a “superbill” for insurance reimbursement. Upon request, we can provide a receipt for your payments for Program services that you may present to your insurance or Health Saving Account with a request for reimbursement.
You may pay fees by credit or debit card through the online portal.
If paying by credit or debit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise the Program will not continue, and we reserve the right to terminate your access to the Program and all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from any Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
- Individual coaching sessions and Programs:
Individual session fees are charged per session. You will receive an invoice after your session, due upon receipt, and you agree to pay all fees in any invoices immediately after receipt. We recommend, but do not require, attending weekly individual coaching sessions over 12 months to receive optimal benefits from coaching.
Some individual Programs may require a one-time payment of fees, due before the Program begins, rather than individual session payments.
Some Programs, such as Disclosure Prep and Full Disclosure, may require a one-time payment of fees and may also incur additional fees for services we recommend during the Program. You agree to pay for any additional fees (this would include adjunct professionals, longer sessions, materials as needed) as part of the formal disclosure process.
- Group Coaching and Aftercare Program; Six-Month Minimum Commitment and Advance Notice Requirement:
Fees for most groups are billed on a monthly basis. Curriculum-based groups, which generally require a flat fee paid up front and a set schedule, are discussed below in section (c).
You agree to a minimum six-month commitment for these group Programs. In the event that you wish to leave a group before this six-month commitment is met, you agree to pay a $195 USD early cancellation fee.
Group Program fees are billed monthly, and these groups meet weekly throughout the year. Some months consist of five weeks of meetings, others three weeks of meetings due to holidays, and you agree to pay the same monthly rate regardless of the exact number of meetings each month. We aim to provide an average of 48 weeks of group meetings per calendar year.
For group Programs with monthly payment terms, your first payment will be due and charged the day you are accepted, followed by ongoing monthly payments until you or we terminate your participation. The recurring monthly payment will be charged to your card on the same calendar day each month as the first payment (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on).
Group or Aftercare Program subscriptions are continuous until you cancel your attendance in the group, in which case you must give one month’s advance notice (explained further below in section 3), or until we terminate your participation.
You can cancel at any time before the next month’s payment is charged, subject to the early cancellation fee, if you cancel before the sixth month, and the one-month advance notice period.
- Curriculum Groups
Curriculum group Programs require a one-time payment of fees, due before the group begins, rather than monthly payments, and require a commitment for the set schedule for the group.
The six-month commitment and early cancellation fee discussed above do not apply to curriculum groups.
Workshop Programs require a one-time payment of fees, due before the workshop begins.
- Online Coaching Community:
The online coaching community Program fees are billed monthly, with one fee per couple. You agree to a minimum six-month commitment for the online coaching community Program. In the event that you wish to leave the group before the six-month commitment is met, you agree to pay a $195 USD early cancellation fee.
Your first payment will be due and charged the day you are accepted, followed by ongoing monthly payments until you or we terminate your participation. The recurring monthly payment of will be charged to your card on the same calendar day each month as the first payment (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on).
Online coaching community subscriptions are continuous until you cancel your attendance in the group, in which case you must give one month’s advance notice (explained further below), or we terminate your participation.
You can cancel at any time before the next month’s payment is charged, subject to the early cancellation fee.
Section 2 - Refunds, Cancellation or Termination; Advance Notice; Coach-Client Relationship; Session Procedures and Scheduling
Refunds; Cancellation or Termination; Advance Notice
Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any portion of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be provided.
All Programs must be used within six months of the purchase date.
If you wish to end your participation in any group Program or the online coaching community Program, you agree to give us a one-month advance notice, and to continue making payments through the end of the month after you give us notice.
This requirement is due to the importance of ending your group participation in a healthy and relational way, and gives you the time to disconnect from the other members and honor everyone’s participation.
If you are absent from any group Program sessions for over one calendar month and we cannot get in contact with you, your registration in the group will be automatically terminated and you will be removed from the group. You agree to continue paying all charges incurred during this time.
You may discontinue participation in any Program at any time, subject to the early cancellation fee and one-month advance notice period, but will not be entitled to a refund or prorated refund.
You will not receive a refund if you miss a meeting or cease participation before any Program is finished.
If you enroll in a workshop but are unable to attend due to unforeseen circumstances, you may contact us to request to transfer your enrollment to a future workshop, which request we may grant or deny in our sole discretion.
Company reserves the right, in its sole discretion, to determine how to discipline a member who violates these TOU. Therefore, if a member disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.
Furthermore, if a member violates these TOU, the Company reserves the right, in its sole discretion, to offer the member another opportunity to abide by these TOU. If a member disagrees with the Company offering another member a second opportunity to follow these TOU, no grounds for a member to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.
The Company may offer additional Program elements for a subgroup of members, as further discussed in Section 9 (Community Guidelines) of this TOU. The Company reserves the right, in its sole discretion, to offer member participation in these additional Program elements to specific members. If a member is denied participation in these additional Program elements, no grounds for a member to receive a refund would be created and any request for a refund on this basis will be denied.
Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
In the event you decide to cancel, any remaining, default, or late payments will be due immediately.
I understand coaching and workshop participation is a partnership between the coach, Company staff, and the client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation and development of personal or relational goals and to develop and carry out a strategy and plan for achieving those goals.
- Your Coaches’ Responsibilities
- Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.
- Your coaches will provide individual guidance to group participants based on information provided to the coaches.
- Your coaches will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, private message or live group coaching call.
- Your Responsibilities
- You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets and assignments, and attending coaching sessions.
- You agree that your relationship with the Company is that of a coach-client relationship and that no other professional or personal relationship has been established.
- You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
- You acknowledge that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education, and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas, and implementing choices is exclusively your responsibility.
- In order to enhance the coaching relationship, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Program.
- You understand that although some Company staff are Licensed Marriage and Family Therapists, or hold other professional or medical licenses, your participation in the Program does not establish a therapist-patient or similar relationship of any kind between you, the Company, employees or contractors of the Company. Company staff are not acting within the scope of their license for the services rendered and are not presenting themselves as therapists to you or providing psychotherapy to you in the Program.
Session Procedures; Scheduling and Cancellations
We understand that our members have busy schedules, and we take pride in not keeping them waiting or keeping them longer than planned.
Each individual and couples coaching session will end 60 minutes after it is scheduled to begin unless a longer session has been scheduled in advance directly with your coach.
Each group coaching session will end 90 minutes after it is scheduled to begin unless a longer session has been scheduled in advance directly with your coach.
If you need to cancel or reschedule an appointment, you must do so at least 48 hours in advance, otherwise, you will be charged the full fee for the session.
Section 3 - Intellectual Property Rights
- Ownership of the Program Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
- The Company’s Limited License to You
If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these TOU or any express written license, are reserved by us.
- Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
- Your License to the Company; Use in Testimonials and Marketing
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least eighteen (18) years old.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any membership program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Membership Program or in our Content at any time for any reason.
- Request for Permission to Use the Program Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by completing the “Contact” form on https://helpingcouplesheal.com/contact-us/.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Membership Program and Content.
Section 4 - Your Conduct
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program members on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program members to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program members to participate in events, such as a meetup, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as essential oils, exercise DVDs, nutritional supplements, third-party coaching services, or other products or services to Program members, unless you are authorized or requested to do so by the Company.
Please choose carefully the materials that you upload, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for Your Material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other members
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or members without receiving their advance permission
- Sharing any private or proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other members, with the public or with anyone who is not a member on or in any Company website, private membership or third-party forums operated by Company.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
Section 5 - Participation in the Aftercare Program and Community Guidelines
Participation in the Aftercare Program
What we have seen over the past few years since launching the aftercare program is that healing and growth occur in environments that are safe. Therefore, the foundation of the aftercare group is safety and in order for us to create and maintain the safest space possible for all members, we require a minimum commitment of six months as well as consistent attendance.
We require a minimum of six months in this group, but strongly encourage a commitment of 12 months to go through the full curriculum.
Because this group is relational in nature, we also ask that all members contribute to the group culture by actively participating and using their voices during video call sessions. We also strongly encourage connecting and sharing in the online forum between live calls.
The Company has created an online couples community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all members will treat one another with respect while bringing encouragement and consideration to all members.
The Company’s community guidelines are as follows:
- The Company’s Program promotes diversity amongst its members. Therefore, the Company encourages all members to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any member’s discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
- The Company does its best to create a safe and welcoming space for all members, however, Company cannot guarantee that all members will follow these guidelines. Company, in its sole discretion, may remove any member’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Program. Therefore, Company shall not be held liable for any member’s comments, actions, posts, content or materials that result in another member’s discomfort.
- The Company has created a safe space for all members to feel seen, respected and heard. Company encourages members to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each member must demonstrate respect towards one another.
- Members in the online coaching community Programs must participate in dialogue and interactions with other members. The Company created this Program to encourage members to step outside of their comfort zone and to foster connections, engage in vulnerable dialogue and move towards healing and relationship recovery. Without member participation, the principles on which the Program were founded would be pointless.
- Therefore, all group Program members must participate in the online coaching community Program, or the Company reserves the right to terminate your access to the Program and all Content immediately and permanently without refund. If a member has attempted to log in their member account and is not active for thirty (30) days, please contact the Company at the contact form on the website. If after forty-five (45) days you have continued to show inactivity in the Program, you will receive a warning from the Company of your membership being in danger of termination. If a member’s inactivity continues for sixty (60) days, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently without refund. You are welcome to reapply anytime at the current rate at that time.
- Support each member with words of encouragement, resources or suggestions, while respecting each member’s boundaries.
- The Company reserves the right to offer additional Program elements from time to time, for any subgroup of members. These additional Program elements are a bonus, not a part of the services included in the base level of any Program. The selection of the members who may participate in any additional Program elements is at the sole discretion of the Company.
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.
Section 6 - Confidentiality; Mandatory Reporters
Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about you confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten or present a danger to harm yourself or others. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or other legal privilege.
Please note that many of the staff at Helping Couples Heal are mandated reporters who are required by law to report any known or suspected instances of child abuse or neglect to Child Protective Services or local law enforcement services. Other members may also be mandated reporters by virtue of their profession or occupation. Additionally, at least 15 states require all persons to report suspected child abuse or neglect, regardless of profession, and the remaining states permit any person to report.
Confidential information does not include information that:
- was in the Company’s possession prior to your participation in the Program;
- is generally known to the public or in your circle of friends and family and co-workers; or
- the Company may be required by law to disclose.
When you join an online group video call, you can choose how you want your name displayed. Please check your setting on the video call platform before you join.
In some group Programs or the online coaching community, we may use an online forum that displays your name and likeness (as indicated in your personal settings) to others in the group.
Note: When you or your partner post in some online forums for group Programs, your post will stay on the forum even if you discontinue the Program and leave the forum platform.
You agree to keep all information you learn about other Program members strictly confidential except in very rare circumstances where disclosure is required by law.
You agree you will not share or use anything you learn about other members or participants, any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. This boundary is critical for member safety. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.
However, we cannot guarantee other members will maintain confidentiality of your information, and you participate and share your information in the Program at your own risk.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program member.
The Company may record coaching calls and you consent to the Company sharing them in the Program, on private third-party forums operated by the Company, or with its related organizations, The Center for Relational Healing and Novus Mindful Life Institute Family Counseling and Recovery P.C. to facilitate the Company’s operations and the Program.
You cannot electronically record online sessions without our prior written consent.
Section 7 - Username and Password; Security
Username and Password
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
We ask that you determine who has access to your computer and electronic information. This may include family members, co-workers, supervisors, and friends. We encourage you to only communicate through a computer that you know is safe and where confidentiality can be ensured.
Section 8 - Live or In-Person Events; Personal Responsibility, Assumption of Risk, Release, Disclaimers
Live or In-Person Events
If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.
Personal Responsibility, Assumption of Risk, Release, Disclaimers
- You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
- You represent and warrant to Releasees that you are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous.
- Your participation in the Program does not establish a counseling, therapist-patient, doctor-patient, or similar relationship of any kind between you, the Company, or anyone providing services on behalf of the Company.
- The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
- You understand that you are solely responsible for creating and implementing your own physical, mental, emotional, financial, and legal well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls or workshops and interactions with Company staff and coaches. As such, you agree that Company coaches and staff are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Company.
- You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. You understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of diagnosis, treatment or therapy. You understand that coaching is not therapy and is not intended for crises or emergencies. You agree to seek help from a mental health professional or crisis counselor if necessary.
- You promise that if you are currently in therapy or otherwise under the care of a mental health professional, that you have consulted with the mental health care provider regarding the advisability of any Program, and that this person is aware of your decision to proceed with your Program participation.
- You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
- In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
- Results Disclaimer: You agree that Company has not made and does not make any representations about the results or earnings you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results differ for each individual.
- Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
- The Company is not responsible or liable for members of the Program infringing on another other member’s intellectual property, content or materials.
- The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
Section 9 - Legal Disputes; Users Outside the United States; Indemnification; Force Majeure
Users Outside the United States
The Company controls and operates the Program from offices in the United States. The Company does not represent that materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this TOU.