Should you choose to terminate this Agreement at any time before the conclusion of our services, any amount of the fee still owed by you will become due and payable immediately. The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. By accepting the terms of this Agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by the Coach.
You further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s)/Services, YOU are taking full responsibility for YOUR OWN success.Thus, you agree that you will not request a refund. In addition, it is your responsibility to attend the live online groups, one on one meetings, listen to the recordings, and ask for support.
CONFIDENTIALITY: The Client(s) understands that all information discussed is confidential and that written permission is required for any coach to speak with anyone regarding our work together. The Client(s) understands that the Coach may participate in professional consultation to assure that Client(s) are receiving the best coaching possible. The Client(s) further understands that at times telephone conversations, video, online, group calls, webinars, texts, e-mails or faxes may be utilized, and that the confidentiality of information transmitted through these venues cannot be guaranteed. Coaching is not a medical treatment and is not covered by HIPAA. Since the Coach may also be a licensed mental health professional, The Client(s) understands that the Coach is legally and ethically bound to protect either the Client(s) or others from harm, and that my confidentiality may be limited in this instance. This would include any information the Coach might disclose that indicates that a child or elderly or disabled person is being abused. The Client(s) further understands that if they are at imminent risk of hurting another, or themselves, the Coach is required to take protective action. If you are happy with your results and want to share your experiences in a video/interview, we will share the video and your first name and picture in marketing material to help inspire other clients and potential clients. In addition, by signing this agreement, you are giving permission & consent for your (The Client's) wins, celebrations, and positive progress shared in the client FB group, in a Chat, or on videos to be used (with a picture and first name) and shared on our client results page or other marketing materials to offer social proof to others who need the help as well. Client(s) are welcome and encouraged to submit questions and ask for guidance involving personal and confidential information at any time throughout the duration of the program through our secure email support system.
INTELLECTUAL PROPERTY: Only authorized users, who have duly attained access to any Programs/Services offered by Cherie Lindberg, LLC by personally agreeing to the terms of this Agreement are permitted to use and participate with such Programs/Services. Except as expressly authorized by this Agreement, the Client(s) shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to the Client(s) by this Agreement. The Client(s) acknowledges that any Audio and/or Visual Presentations, Documentation, and other elements of the Cherie Lindberg, LLC Performance Enhancement Program are protected under copyright, trademark, and other intellectual property laws and international treaties.
MUTUAL NON-DISCLOSURE: The Coach and the Client(s) mutually recognize that they may discuss the Client's future plans, business affairs, customer lists, financial information, job information, goals, personal information, and other private information. The Coach will not voluntarily communicate the Client's information to a third party.
To honor and protect the Coach’s intellectual properties, the Client(s) expressly agrees not to disclose or communicate any proprietary information about the Coach's practice, materials, or methods to any third parties. The Coach and the Client(s) agree to be bound by this mutual nondisclosure agreement during and after the termination of the coaching relationship.
HOLD HARMLESS: I agree to hold harmless the Coach from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, relating to or arising from any information loss due to technical failure, use of the internet to communicate with the Coach or the use of the Coach's Site, any arrangements made based on information obtained by the Site, any products or services obtained through the Site. The Coach does not warrant that the functions contained in any materials provided will be error-free or that the website or server that makes such site available is free of viruses or other harmful components. Security measures are absolutely taken to prevent any issues and the Coach takes all reasonable actions to protect the Client.
LIMITATION OF LIABILITY:
THE PARTIES AGREE THAT IN NO EVENT SHALL Cherie Lindberg, LLC Performance Coaching OR The Client(s) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES OF ANYH NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORD (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EITHER PARTY (I) BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT, OR (II) BE LIABLE FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, THAT EXCEED THE AMOUNTS REQUIRED TO BE PAID BY EITHER PARTY AT THE OTHER, HEREUNDER. THE PARTIES FURTHER AGREE THAT FOR AMOUNTS PAYABLE UNDER (INDEMNIFICATION SECTION) OR (CONFIDENTIALITY SECTION) HEREUNDER, EITHER PARTY’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXEED THE SUM OF ($100.00). AFTER THE WORK HAS STARTED, THERE WILL BE NO REFUNDS ACCEPTED. THE FOREGOING NOTWITHSTANDING, AS BETWEEN THE VENDOR OF THE RESPECTIVE PARTIES, NOTHING IN THIS AGREEMENT SHALL CONFER ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE FOR ANY REASON BY THE PARTIES AGAINST SUCH PARTNER AND/OR VENDOR.
DISPUTE RESOLUTION: It is agreed between the Client(s), his or her assigns, family and estate and the Coach that any controversy or claim arising out of or relating to the Agreement, or the breach of the Agreement, shall be settled by arbitration by an accredited individual or organization with an arbitrator whom we mutually agreed upon. The arbitration may occur by telephone.
Limitations of Online Coaching & E-mail Support: Messaging Support and Online Sessions are intended to provide quality information, support, and assistance with reaching the Client's personal development and professional business goals. If any of the following apply, traditional face-to-face psychotherapy is more appropriate: 1. If in in crisis or having thoughts of harming yourself (e.g. suicidal thoughts) or harming someone else (e.g. violent thoughts toward others) or psychotic symptoms. Please call 911 or 1-800-SUICIDE, which is the National Suicide Hotline or go to the emergency room. 2. If you are in an abusive or violent relationship. 3. If you have been severely depressed, anxious, or manic. 4. If you have serious substance abuse dependence issues. 5. If you are a minor (under 18 years old). If the client is in a crisis, please call 911 or go to the emergency room and do not use these services.
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING Cherie Lindberg Performance Enhancement Coaching Program, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS. BY ACCESSING OR USING THE MATERIALS, YOU ACKNOWLEDGE THAT: YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, THAT YOU ACCEPT, AND AGREE TO BE BOUND BY ITS TERMS. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC BILLING IF NOT PAID IN FULL, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.