Shafone Myers Consulting Terms & Conditions
TERMS AND CONDITIONS
TERMS OF USE
Welcome to www.shafonnemyers.com (the “Site”), a website operated by Shafonne Myers Consulting (“Company,” “us,” “our,” and “we”). We provide the Site and the services provided through the Site (the Site and services will be collectively referred to as the “Services”).
These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 18 years old.
Privacy Policy
The Company respects the privacy of its Service users. Please refer to our Privacy Policy, linked in the footer of our website, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
Accounts
Account Creation. In order to use certain features of the Services, you may need to register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Site Transactions
In order to purchase any product or service made available through the Site, you might be asked to provide certain information relevant to your order. Such information may include your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of orders initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
We reserve the right to refuse any order that you place with us. Therefore, we may prohibit orders that appear to be placed by dealers, resellers or distributors. If we refuse your order, that order will be refunded in full. We also reserve the right, in our sole discretion, to limit or cancel quantities purchased per person, per household, or per order. These restrictions can include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we exercise this right and make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
You acknowledge that all products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
It is your responsibility when to download the product immediately and securely backup all purchases. We are not liable for any loss or damage to products that occur after download or any customer’s inadvertent or mistaken download of a product or free download such customer did not intend to purchase or download, and we will not reimburse you for such downloads. For the safety of your purchase, and to allow for complimentary updates, all emailed links will expire. It is recommended that you immediately download and backup your purchases. We may provide an online account for access as a courtesy, but this should not be relied upon for purchase access.
Inaccuracies on the Site
Errors, Inaccuracies, and Omissions. Despite our best efforts, our Site may occasionally contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Colors & Style. While we have made efforts to display the colors and styles of our products as accurately as possible on our Site, we cannot guarantee that your screen's display of any color or style will be accurate.
Gift Cards & Certificates
All gift cards, e-gift cards and other gift certificates are deemed purchased in and issued from the State of State Name. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
Membership Payment Terms
Programs and Billing. Certain aspects of the Services may be provided for a fee, subscription or other charge. Unless we explicitly specify otherwise in our marketing and on the checkout page, our offers are not subscriptions. We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Lifetime Access. In certain instances, we may refer to “lifetime access” to our programs. Lifetime access to one of our programs or memberships is valid for the life of this product. We reserve the right to discontinue any product or service at any time for any reason. Your access of such product continues in perpetuity until this product is discontinued or disabled.
Payment Information; Taxes. You are responsible for all fees, including taxes, associated with your use of the Services. You are responsible for providing us with a valid means of payment. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You must keep current payment information on file with us. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred.
Payment Authorization. By agreeing to these terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize us to satisfy.
Chargebacks. If you have a dispute concerning any payment transaction, please contact us. If at any time you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, we may terminate our Service. In order to resume use of the Services, you must re-subscribe for the Services and pay all applicable fees for the Service as well as any fees incurred by us or our payment processor as a result of the Chargeback.
Recurring Payments. Unless we specify otherwise on the checkout page, our programs allow for payment plans, not month-to-month subscriptions that can be canceled at any time. Where applicable, we may allow cancellations for annual subscriptions, not monthly. Our programs are not month-to-month memberships. By selecting a payment plan option, you agree to make all payments under that plan. Failure to pay does not cancel your membership payment obligation.
Financial Obligation. You are responsible for the completion of all payment plans associated with products and services you purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
Refund and Return Policy
Due to the digital nature of our products and services, we DO NOT offer any refund or returns for any products or services sold on our website for any reason. Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our collection agency. If you have any questions about our refund and return policy, please send an email to email and we will be happy to assist you.
Conditional Guarantee
We offer a 60-day conditional guarantee. We do not offer refunds.
To request consideration for the guarantee, you are required to complete the program.
Please note: All returns and refunds are discretionary as determined by us. If you have any questions, contact us at email.
As mentioned above, all returns are discretionary. If you just accessed parts of the program and then promptly asked for a return, we reserve the right to deny your request. Why? Because the point of the policy is to give people the chance to try the system, and if it doesn't work, they can get their money back. It wasn't designed to enable people to steal our material.
GROUP COACHING TERMS
Services. By purchasing a group coaching program available on our website, you agree to be provided with products, programs, and/or services by us and that you are entering into a legally binding agreement (the “Agreement”) with us, subject to the following terms and conditions. In accordance with these terms and conditions, we agree to provide services in accordance with our listed group coaching program. The scope of services rendered by us pursuant to these terms will be solely limited to those contained therein and/or provided for on our website as part of the program. We reserve the right to substitute services equal to or comparable to the program for you if reasonably required by the prevailing circumstances. The program includes the following:
- Monthly group sessions, each 90 minutes in length, virtually. We reserve the right to change these session offerings as needed.
- Email support with us and/or affiliated guest speakers and consultants throughout the program.
- A private online, virtual group for you to support, connect, & share with us 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 and professional transformations.
- Your coach(es) 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.
Group Coaching Standards. In the group coaching program, we agree to the following standards (note that certain standards are described in more detail in subsequent sections of this Agreement):
- Communicating honestly and being open to coaching, feedback and assistance.
- Agreeing that you are responsible for your own success.
- Asking for help and support when needed.
- Not interfering with the learning experience of others.
- Staying current with and making the payments as set forth in the payment plan.
- Attending the in-person conferences (or virtual substitutes of those in-person events).
- Maintaining the copyright of all materials.
- Keeping information shared by program participants confidential. This would include but is not limited to conversations in the group both at conferences and out, and information revealed in written summaries, group sessions or teleclasses.
- Agreeing NOT to use participant mailing/e-mailing or online forums information for ANY purpose other than program conversation. (No spamming or soliciting for any reason – personal or professional – at any time during or after the program.)
- Complying with all documented policies provided to you, including, but not limited to, our email privacy policy and our copying policy.
- Honoring your own physical boundaries and abilities, and “challenging by choice” during any exercises and activities including physical or somatic exercises.
- Not acting in any way that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading
- You understand that all parts of the program, including in in-person and virtual events, may be filmed, videotaped, audio taped, or photographed. Unless otherwise agreed to, by participating in our group coaching program and related events, you grant us the right to use and publicize your name, image, and voice for educational, marketing, and promotional purposes without compensation and without opportunity for review.
Term. The term of participating in our group coaching program shall be for twelve (12) months (unless otherwise agreed to) beginning on your agreeing to the terms of this Agreement and submitting payment.
Methodology. You agree to be open-minded to our coaching methods and partake in methods proposed, to include receiving coaching and guidance from guest speakers and consultants. You understand that we have made no guarantees as to the outcome of the coaching sessions or program. We may revise methods or parts of the program based on the needs of clients or as deemed necessary in our opinion.
Success Not Guaranteed: By accepting the terms of this Agreement, you agree and understand that our group coaching programs do not guarantee any specific result. You take responsibility for your own success.
Disclaimer. By participating in our group coaching program, you acknowledge that we — and our affiliated guest speakers and consultants — are not legal or health professionals or the like. In the event that one of our coaches, guest speakers or consultants does hold a professional designation or license, you understand that any information provided should be considered a general recommendation or suggestion and not specific advice catered to your specific situation. You acknowledge that, unless specifically stated otherwise, we and our affiliated guest speakers and consultants are not legally qualified, are not a substitute for advice from a qualified professional, do not warrant the accuracy of any information provided, and are not liable for any losses you may suffer by relying on communicated advice.
Payment and Refund Policy. Upon execution of this Agreement, you agree to pay the full purchase amount, equivalent to monthly installments or one lump sum payment. The fee for group coaching is nonrefundable. We want you to be fully committed. If you select a payment plan option, you agree to pay fees to us according to the payment schedule set forth on our website, or otherwise provided to you, and the payment plan you selected. In the event that you fail to make any of the payments within a payment plan during the time prescribed, we have the right to immediately disallow participation 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 you do not commence payment after 30 days, we have the right to terminate the Agreement.
Intellectual Property Rights. In respect of the documents specifically created for you as part of our mastermind program, we maintain all of the copyright, other intellectual property rights, and any other data or material used or subsisting in such materials whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any of our intellectual property to you, nor grant any right or license other than those stated in this Agreement. The content of any written material from us is protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, or prepare derivative works of any copyrighted material without our prior written consent. You may copy and print the content, and you may download the content, for your personal, non-commercial use in connection with the program, provided that you include all copyright and other notices contained in the content and that you do not modify the content.
Confidentiality: Except as expressly authorized by this Agreement, you agree not to (1) provide or make available any portion of our programs; (2) provide or make available information provided to you during such programs, including but not limited to, documentation, video, audio, webinars or login credentials to any one other than you (the “Materials”); (3) use the Materials for commercial use, (4) or otherwise disclose or discuss the Materials for any purpose other than exercising rights expressly granted to you by this Agreement. This confidentiality shall survive the term of this Agreement.
Right to Terminate. We have the right to terminate the Agreement at any time at our discretion and will provide you 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 you by us, 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, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance, or trade usage.
Limitation of Liability. By using our services and purchasing a group coaching program from us, you accept any and all risks, foreseeable or unforeseeable, arising from such transactions. You agree that we 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 our program. You agree that the use of this program is at the user’s own risk.
Non-Transferability. The rights and obligations under this Agreement are personal to you as the participant. You may not assign or transfer any rights or obligations under this Agreement.
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 our choice. The mediation shall occur within ninety (90) days from the date of the initial mediation demand and shall take place in our 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.
MASTERMIND TERMS
Services. By investing in one of our mastermind programs made available through our website, you agree to be provided with products, programs, and/or services by us and that you are entering into a legally binding agreement (the “Agreement”) with us, subject to the following terms and conditions. In accordance with these terms and conditions, we agree to provide services in accordance with our listed mastermind program. The scope of services rendered by us pursuant to these terms will be solely limited to those contained therein and/or provided for on our website as part of the program. We reserve the right to substitute services equal to or comparable to the program for you if reasonably required by the prevailing circumstances. The program includes the following:
- Monthly mastermind sessions, each 90 minutes in length, virtually. We reserve the right to change these session offerings as needed.
- Email support with us and/or affiliated guest speakers and consultants throughout the program.
- A private online, virtual group for you to support, connect, & share with us and the other members of the mastermind throughout the program.
- A group mastermind session may include assigning personal ‘self-work’ to do, working towards your own personal and professional transformations.
- Your mastermind coach(es) 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.
Mastermind Standards. In the mastermind group, we agree to the following standards (note that certain standards are described in more detail in subsequent sections of this Agreement):
- Communicating honestly and being open to coaching, feedback and assistance.
- Asking for help and support when needed.
- Not interfering with the learning experience of others.
- Staying current with and making the payments as set forth in the payment plan.
- Attending the in-person conferences (or virtual substitutes of those in-person events).
- Maintaining the copyright of all materials.
- Keeping information shared by program participants confidential. This would include but is not limited to conversations in the group both at conferences and out, and information revealed in written summaries, group sessions or teleclasses.
- Agreeing NOT to use participant mailing/e-mailing or online forums information for ANY purpose other than program conversation. (No spamming or soliciting for any reason – personal or professional – at any time during or after the program.)
- Complying with all documented policies provided to you, including, but not limited to, our email privacy policy and our copying policy.
- Honoring your own physical boundaries and abilities, and “challenging by choice” during exercises and activities including physical or somatic exercises.
- Not acting in any way that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading
- You understand that all parts of the program, including in in-person and virtual events, may be filmed, videotaped, audio taped, or photographed. Unless otherwise agreed to, by participating in our mastermind program and related events, you grant us the right to use and publicize your name, image, and voice for educational, marketing, and promotional purposes without compensation and without opportunity for review.
Term. The term of participating in our mastermind program shall be for twelve (12) months (unless otherwise agreed to) beginning on your agreeing to the terms of this Agreement and submitting payment.
Methodology. You agree to be open-minded to our mastermind methods and partake in methods proposed, to include receiving coaching and guidance from guest speakers and consultants. You understand that we have made no guarantees as to the outcome of the mastermind sessions or program. We may revise methods or parts of the program based on the needs of clients or as deemed necessary in our opinion.
Success Not Guaranteed: By accepting the terms of this Agreement, you agree and understand that the mastermind program does not guarantee any specific result. You take responsibility for your own success.
Disclaimer. By participating in our mastermind program, you acknowledge that we — and any affiliated guest speakers and consultants — are not legal or health professionals or the like. In the event that one of our mastermind leaders, coaches, guest speakers, or consultants does hold a professional designation or license, you understand that any information provided should be considered a general recommendation or suggestion and not specific advice catered to your specific situation. You acknowledge that, unless specifically stated otherwise, we and our affiliated guest speakers and consultants are not legally qualified, are not a substitute for advice from a qualified professional, do not warrant the accuracy of any information provided, and are not liable for any losses you may suffer by relying on communicated advice.
Payment and Refund Policy. Upon execution of this Agreement, you agree to pay the full purchase amount listed on our website, equivalent to monthly installments or one lump sum payment. The fee for our mastermind programs is nonrefundable. We want you to be fully committed. If you select a payment plan option, you agree to pay fees to us according to the payment schedule set forth on our website, or otherwise provided to you, and the payment plan you selected. In the event that you fail to make any of the payments within a payment plan during the time prescribed, we have the right to immediately disallow participation until payment is paid in full, including disallowing access to modules, materials, and mastermind 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 you do not commence payment after 30 days, we have the right to terminate the Agreement.
Intellectual Property Rights. In respect of the documents specifically created for you as part of our mastermind program, we maintain all of the copyright, other intellectual property rights, and any other data or material used or subsisting in such materials whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any of our intellectual property to you, nor grant any right or license other than those stated in this Agreement. The content of any written material from us is protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, or prepare derivative works of any copyrighted material without our prior written consent. You may copy and print the content, and you may download the content, for your personal, non-commercial use in connection with the program, provided that you include all copyright and other notices contained in the content and that you do not modify the content.
Confidentiality: Except as expressly authorized by this Agreement, you agree not to (1) provide or make available any portion of our programs; (2) provide or make available information provided to you during such programs, including but not limited to, documentation, video, audio, webinars or login credentials to any one other than you (the “Materials”); (3) use the Materials for commercial use, (4) or otherwise disclose or discuss the Materials for any purpose other than exercising rights expressly granted to you by this Agreement. This confidentiality shall survive the term of this Agreement.
Right to Terminate. We have the right to terminate the Agreement at any time at our discretion and will provide you 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, coaching, and mastermind activity provided to you by us, 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, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance, or trade usage.
Limitation of Liability. By using our services and purchasing a mastermind program from us, you accept any and all risks, foreseeable or unforeseeable, arising from such transactions. You agree that we 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 our program. You agree that the use of this program is at the user’s own risk.
Non-Transferability. The rights and obligations under this Agreement are personal to you as the participant. You may not assign or transfer any rights or obligations under this Agreement.
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 our choice. The mediation shall occur within ninety (90) days from the date of the initial mediation demand and shall take place in our 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.
1 to 1 and Agency Work
Coaching is an ongoing interactive, professional relationship between the Coach and the Client designed to help the Client achieve his/her desired results in their career and in life. Coaching is a structure that facilitates the process of personal, professional and/or spiritual development. The opportunity for success for the Client increases because changing habits and creating possibilities is a process.
The Client understands that coaching is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters. If the Client is currently under the care of a mental health professional, the Coach will recommend that the Client inform the mental health care provider.
The Coach Responsibilities
The Coach agrees to provide the Client with professional coaching services to facilitate the achievement of agreed written goals through a series of regular meetings or conversations with the Client.
The Client agrees to:
- arrive at each session on time;
- bring an issue or agenda to the session relevant to coaching;
- turn off all distracting electronic devices during the session;
- take full responsibility for his/her choices and decisions during coaching;
- let the Coach know if at any time the coaching is not working as desired; and
- use his/her best efforts in working with the Coach to resolve any issues that may arise.
Commitment
The Client receives 50 to 60-minute weekly coaching sessions for the period of time selected from the coaching program packages.
Coaching Fees
Fees are payable in accordance with the payment schedule set forth above. Payments made after the five days from the due date will incur a late fee of $75.
Payments may be made by check, cash or credit card. A fee equal to any fees incurred by the Coach will be applied to the Client’s bill if the check does not clear or if a chargeback occurs.
The first session will begin after the agreement is signed and payment is received.
You have up to 5 days to ensure payments are received, after a missed payment attempt, before all meetings and additional support will stop.
Refunds
The Client can request a refund for any amounts paid up to 48 hours before the first coaching session begins. No refunds will be issued once the coaching sessions commence. If it is found that a refund is warranted, refunds below $1000.00 will be paid within 30 days and anything over $1001.00 will be paid out within 60 days.
Cancellations
If the Client needs to cancel or change the time of a coaching session, the Coach will need 48 hours notice. The Coach reserves the right to bill the Client for a missed meeting cancelled less than 48 hours in advance. The Coach will attempt in good faith to reschedule the missed meeting. Regardless of the number of cancellations, the Client has 120 days from the date of purchase to complete the 90-day package.
Confidentiality
The coaching relationship is built on trust. The Coach agrees to keep all conversations and information with the Client private and confidential. No personal ideas, information or thoughts expressed will be shared with anyone, other than in the following instances:
- A referral is required in which event the Coach will seek prior consent from the Client before disclosing any matter to referral source;
- such disclosure is required by law, or
- the Coach determines that there is clear and imminent danger to the Client or others.
Termination
Coach may terminate this Agreement before completion of the total number of sessions detailed above, on written notice to Client, if any of the following occurs:
- The Client fails to perform or observe any of the terms of this Agreement and fails to remedy a breach within 7 calendar days of written notice provided by the Coach concerning the failure; or
- The Client cancels more than 3 sessions during the coaching period; or
- The Client fails to pay in advance or on the day of the session and subsequently fails to pay within 7 calendar days of the reminder notice date for that session.
The Client may terminate this agreement, on written notice to Coach, where the Coach fails to perform or observe any of the terms of this Agreement and fails to remedy a breach within 7 calendar days of notice prepared by client concerning the failure.
If this Agreement is validly terminated prior to the end of the coaching period, then the Client must immediately pay the Coach the balance (if any) of the outstanding fees for the unexpired period of coaching, together with any other money owed by the Client under this Agreement. Upon termination, the Coach will immediately cease to be liable to the Client in respect of the coaching and the sessions.
If a termination for either party or a refund does occur then a non disparagement clause will be enacted as the below.
NON-DISPARAGEMENT 1.1 The Client agrees not to take legal action or make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach/Agency or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
1.2 The Coach/Agency agrees to take the same action with respect to its Client. The Coach/Agency will instruct its employees, agents, and representatives not to make any derogatory or harmful statements about the Client.
Entire Agreement
This Agreement and the Terms and Conditions constitute the entire agreement between the parties. If any dispute should arise from this Agreement save as to the payment of the Coach is remuneration, it will be addressed first via mediation. Where mediation is unsuccessful, resolution will be found via court proceedings in the State of State Name.
Terms and Conditions
Sessions. A session will be carried out over telephone, via web, or in person at mutually agreed locations and times during the coaching period.
Preparations for Sessions. The Client must be committed to performing/completing all tasks agreed to within coaching sessions. The Client must carry out any reasonable task deemed by the Coach as required in preparation for future success. If the Client refuses to carry out such actions without reasonable justification, this Agreement may be terminated by the Coach.
Recording Sessions. With the Client’s written consent, and for limited purposes, the Coach may record the sessions by audio and/oor video.
Coaching Methods. The Client acknowledges that the coaching sessions can be mentally, emotionally and physically challenging. The Client must make all efforts to ensure that they are in peak mental, physical and emotional conditions required for each coaching session.
Indemnity. The Client will indemnify the Coach in the event of all claims that may be made against the Coach as a consequence of the Coach’s performance of this agreement and otherwise against any loss sustained by the Coach as a consequence of the client’s default in performance of any of his/her agreed obligations. To the fullest extent allowed by the law, the Client will not hold the Coach liable for any loss, damage or cost, economic or otherwise sustained by the Client (or any person associated with the Client) in the event of mental, physical, emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to the coaching sessions. The Client will indemnify the Coach in the event any such claim.
No Warranties Provided. The Coach makes no representation or warranty to the Client that any of the coaching methods or the sessions will work for the Client’s particular circumstances. The Client will not hold the Coach responsible for the failure (in whole or in part) to achieve any of the Client’s goals.
Property Rights. The Coach has expended substantial time and resources developing certain ideas, techniques, methods, procedures concepts, systems, processes, or other proprietary information as a part of the Coach’s business. The Client has no right to use or reproduce or distribute any of the materials, accept if the Client is permitted to retain a copy of those materials for his/her own personal use or possession including for purposes of the Client’s own internal business monitoring, performance or assessment needs (but not otherwise, in any circumstance, for purposes of any direct or indirect economic gain).
Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.
User Content
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- You will abide by our Acceptable Use Policy below; and
- You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Feedback. If you provide us any feedback, comments, or suggestions regarding the Services or purchased items (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and nonproprietary. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorney's’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Links to Other Sites and/or Materials
Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Links to Our Site. You are permitted to link to our Site for noncommercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link.
Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Disclaimers
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination
This Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
Copyright Policy
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Shafonne Myers Consulting
Attn: Privacy Officer
Email: hello(at)shafonnemyers.com
Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS YOU HAVE AGAINST US WILL BE RESOLVED.
You agree that any claim or dispute at law or equity that has arisen or may arise between you and us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Agreement to Arbitrate
You agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Riverside County, California, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the county and state referenced above.
General
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information. Copyright © Shafonne Myers Consulting. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information:
Shafonne Myers Consulting
Email: hello (at) shafonnemyers.com
Last Updated
This Agreement was last updated on 1/1/2022.