1:1Â COACHINGÂ AGREEMENT
This Agreement is made between Danerock Inc., an Illinois corporation, d/b/a Sacred JoyCoachingÂ
(“Coach” or “Company”), and You, the undersigned (“You” or “Participant” or “Client”), made effective as of the date of initial purchase and upon entering your details at the bottom of this page which serves as execution of the Agreement.Â
You have retained Coach for coaching and educational services (“Services” or “Scope of Services”).
The details and benefits of the Services are incorporated herein by reference as the Scope of
Services, attached to this Agreement. By signing where indicated below, you irrevocably agree
that this Participant Agreement (the “Agreement”) automatically becomes a binding contract
between you and the Company, and applies to your participation in the program outlined below (the “Program”).
By filling out the form below, you are acknowledging that you have read, agree to and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any
time by sending you a revised version at the address you provided.
1. Delivery of Services: The Program services are to be provided by Coach, as well as any staff, contractors and/or vendors are:
- 6-months of 1:1 coaching via 3x a month zoom calls. Each call is no longer than 1 hour, hosted by the Coach. For all calls, no cancellation or rescheduling is permitted by the Client without at least 24 hours prior written notice to Coach. Coach is not entitled to canceling or rescheduling any calls when notified with less than a 24 hour prior written notice. Client is not entitled to any reimbursements for any one-on-one calls forfeited during this 6-month period.
- As part of the program, Coach shall provide support to the Client through the Telegram messaging platform. The Client may message Coach During office hours to discuss matters related to the program. Office hours for support are from 10:00 a.m. to 3:00 p.m., Pacific Time, Monday through Friday. The Client acknowledges that responses to messages sent outside of these hours may be delayed until the next business day.
- As part of the Services, Coach may provide guidance on the use of plant medicine. However, Coach does not provide or supply any plant medicine. Clients must obtain any plant medicine on their own and at their own risk. Client agrees to execute a supplemental Waiver as needed if they opt for the use of plant medicine. Coach agrees to deliver Waiver to Client within the first 14 business days and/or prior to the first coaching session, whichever comes first.
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Coach may also, in their sole discretion, add on any supplemental Programs Coach is hosting during the 6-month period.
2. Disclaimers/No Warranties: You acknowledge and agree that your individual success depends 100% on your own desire, dedication, actions, mindset, physical and mental health, and belief system. The Company makes no representations or guarantees about this Program of any kind. The Company and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. The Company makes no guarantee or warranty that the Program will meet Client’s requirements, needs or that any client will achieve the same or similar results as any other client or as Coach.
For any part of the Program accessed by You via the Company’s website(s), email, or social media sites, You agree to abide by all applicable website and social media policies when accessing the Program materials, including but not limited to any applicable Terms of Use, which are fully incorporated herein by reference. Terms of Use are found in the footer links of the Company’s websites or social media sites, and can change from time to time in the sole discretion of the Company. Any changes will be automatically incorporated herein as was the previous version of those Terms.
3. Compensation: You will compensate the Company based on the non-refundable fee of 6 payments of $3,333.00 USD, totaling $19,998.00 USD. Coach may opt to discount the total fee by reducing the monthly payment with any coupon at any time. The initial payment made upon time of execution of this Agreement will reflect what each monthly fee is.
Client agrees that payments to Coach are due every 30 days from the date of initial payment and that Coach has the right to charge the card or account on file. Any late payments will be charged a late fee of $25 a month and reasonable attorneys’ fees and costs for collection, if required.
4. Refunds: Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. There are no cancellations or refunds of any kind for any reason under any conditions. No refunds will be issued under any circumstances and all payments must be paid on a timely basis. Failure to pay on time, including a returned check, constitutes a breach of this Agreement, at which time full payment becomes due immediately and the Company will, without recourse, have the right to immediately remove access to the Program and its materials, and will cease delivering any services under this Agreement until your account is paid in full, including late fees. The Company reserves the right to terminate this Agreement at any time in our sole discretion.
5. Chargebacks & Payment Security: To the extent that Client provides the Company with
credit card(s) information or PayPal (or the like) for payment on Client’s account, the
Company shall be authorized to charge Client’s credit card(s) or accounts for any unpaid
balances on the dates set forth in this Agreement. If Client uses a multiple-payment
plan to make payments to the Company, the Company shall be authorized to make all
charges at the time they are due and not require separate authorization in order to do
so. Client shall not make any charge backs to the Company’s account, file any payment
claims with PayPal or other payment processor, or cancel the payments or the credit
card that is provided as security without the Company’s prior written consent.
Client is responsible for any costs and fees associated with recouping payment on
payment claims, charge backs or any collection fees associated herewith, including
reasonable attorneys’ fees and costs. Client shall not change any of the payment
account or credit card information provided to the Company without notifying the
Company in writing in advance.
6. Rules/Policies: To the extent that Client interacts with the Company staff and/or other
Program Participants or clients, Client agrees to, at all times, behave professionally,
courteously, and respectfully with staff and clients. Client agrees to abide by any
Rules/Policies presented by the Company. The failure to abide by the course rules or
policies shall be cause for immediate termination of this Agreement, with no refund of
fees paid or release from remaining payment obligations under this Agreement.
7. Privacy and Confidentiality: We respect your privacy and must insist that you respect
the privacy of Coach and fellow Program participants. By signing below, you agree not
to violate the publicity or privacy rights of Coach, her family, any Company employee,
agent or representative, or any Program participant. We respect your confidential and
proprietary information ideas, plans and trade secrets (collectively, “Confidential
Information”) and must insist that you respect the same rights of fellow Program
participants and of the Company and its owners, employees, agents and
representatives.
8. Intellectual Property: You agree that you are not granted any right or license to use
Company’s service marks, trademarks, trade names, licenses, procedures, processes,
labels, copyrighted materials, trade secrets, proprietary information, Program materials
or client or participant information or lists without express written consent of the
authorized representatives of the Company. Client agrees not to share access to,
reproduce, duplicate, copy, sell, trade, resale or exploit for any commercial purposes,
any portion of the Program (including course materials, phone recordings, videos,
audios or the like), use of the Program or access to the Program, which is not
transferrable or assignable without the Company’s prior written consent in the
Company’s sole discretion. Company has no obligation to update the materials. No
other or special provisions are made to protect Participant’s intellectual property.
Participant retains all rights to his or her business’ intellectual property and ownership
in the business and her ideas.
9. Assumption of Risk: By using the Company’s services and enrolling in the Program,
Client releases the Company, its officers, employers, directors and related entities from any and all damages that may result from the Client’s participation in the Program and
any acts or omissions taken by Client during or after the Program ends. The Program is
intended solely for educational purposes. By signing below and/or accessing any part
of the Program, Client accepts any and all risks, foreseeable and unforeseeable, arising
from Client’s enrollment in, access to, participation in and/or use of the Program
materials or experiences, including but not limited to indirect, consequential, punitive
damages or other losses Clients agrees to take and assume full responsibility for all
decisions made before, during, and after the Program. Client accepts full responsibility
for Client’s choices, actions, and results before, during, and after this Program.
10. Limitation of Liability and Indemnification:Â The Coach will not be held responsible in
any way for the information that the Client requests or receives through this program,
or for anything pertaining to this Agreement, including but not limited to the Coach’s
services, products, program materials, and any other information the Client receives
from or through the Coach. Client agrees that he or she fully and completely holds
harmless, indemnifies, and releases the Coach from any and all liability, damages,
causes of action, allegations, suits, sums of money, claims and demands whatsoever, in
law or equity, that the Client now has or may have against the Coach pertaining to this
Agreement (including but not limited to events that may arise from the Client’s
participation in the program). The foregoing release provided by the Client to the Coach
includes the Coach’s related or predecessor entities, and any and all of the Coach’s past
and present officers, directors, agents, attorneys, accountants, insurers, servants,
employees, independent contractors, shareholders, members, and partners, of and
from any and all manner of, claims, actions, causes of action, suits, debts, sums of
money, accounts, reckonings, contracts, controversies, agreements, promises,
damages, attorney’s fees, obligations and demands whatsoever, in law or in equity,
whether based on contract, statute, tort, or strict liability, and whether for
compensatory, special, punitive, statutory, or any other damages or remedies. Client
agrees that use of the Company’s services is at Client’s own risk, and that Client has
adequate financial resources to enroll in the Program and sign this Agreement.
11. Right to Terminate Participation or Access to Program: The Company is committed
to providing all Program participants with a positive Program experience. The Company
reserves the right to disqualify, in its sole and absolute discretion, any Participant from
the Program at any time for any reason without recourse or refunds of any kind.
Reasons for disqualification may include, but are not limited to, failure to participate in
the Program, failure to show up for coaching sessions, calls or events, plagiarism,
dishonesty, misappropriation or infringement of the intellectual property of others,
disparagement, defamation, violation of privacy of Coach or her family or employees,
and/or any failure to comply with any of the terms of this Agreement.
12. Right To Cure:Â In the event of an alleged violation of this Agreement is made by Client,
and prior to initiating any legal action Client shall give Coach written notice of default
(“Notice of Default”), which shall specifically identify and describe the alleged breach.
After receipt of the Notice of Default, Coach shall have seven (7) calendar days (the
“Cure Period”) in which to attempt to cure the alleged violation. Coach’s completely
remedying the alleged violation on or before the expiration of the Cure Period shall be
considered a complete cure for the alleged violation.
13. No Substitute for Medical or Psychological Treatment: Client acknowledges and
agrees that the company does not and will not provide medical, therapy or
psychotherapy services. The Company is not responsible in any way for any decisions
made by the Client as a result of the coaching or this Program, or any consequences or damage to the Client, the Client’s relationships, family, friends, possessions, business,
or finances. The Client is encouraged to seek medical treatment (including, but not
limited to psychotherapy or counseling), if needed.
14. Media Release, Use of Likeness and Voice in Course Materials: Client consents to
recordings, photos, screenshots or the like being made of the sessions, courses, calls,
social media posts, videos or events throughout the Program. The Company reserves
the right to use, at its sole discretion, any of the above, including those showing the
likeness of the Client and/or the Client’s voice and materials submitted by Client in the
context of the course(s) and the Program for future lectures, teachings, programs and
marketing materials, and to further or improve the goods/services provided by the
company, without compensation of any kind to the Client. Client hereby consents to his
or her name, voice and likeness, brand and trademarks being used without
compensation by the Company for any reason, including but not limited to future
teachings, programs, printed or online materials, ads, or other marketing materials,
website, emails, and social media sites.
15. Survivability: The intellectual property, ownership, non-disparagement, proprietary
rights and confidentiality provisions, as well as any provisions relating to the payment
of sums owed in this Agreement and rights to collections or injunctive relief shall
survive the termination of this Agreement for any reason.
16. Governing Law, Venue and Jurisdiction: For any dispute under this Agreement, the
Parties agree that the laws of the State of California govern, and that all disputes will
be heard in the courts of the State of California, County of San Diego.
17. No Assignment or Modification: This Agreement may not be assigned or otherwise
transferred by either party in whole or part without the prior written consent of the
other Parties to this Agreement. This Agreement may only be amended or modified by
written agreement of the parties.
18. Notices: For any notices under this Agreement, the Company shall send
communications via email to the email address provided to the Company by Participant
when signing up for this Program. Notices for The Company shall be send via email to :
[email protected]
19. Counterparts: This Agreement may be executed in counterparts. If optional Microdosing support is included, there will be a seperate Waiver sent regarding that.Â
20. No Waiver: No failure or delay by the Company in exercising any power, right or privilege
provided in this Agreement will operate as a waiver, nor will any single or partial
exercise of such rights, powers or privileges preclude any further exercise of them or the
exercise of any other right, power or privilege provided in this Agreement.
21. Entire Agreement: This Agreement constitutes the entire agreement between the
Parties and there are no further items or provisions, either oral or otherwise.
22. Authority: Each of the undersigned signatories who signs this Agreement represent and
warrant that they are authorized to execute this Agreement on behalf of that Party.
By filling out the form below and clicking 'Submit", You agree that the Agreement is fully executed and that the Parties are bound by the terms of this Agreement.
IN WITNESS WHEREOF Participant has entered their Name, Business Name or Entity, email and address on this day.