The Story Intensive: Group Coaching Agreement
The following Terms and Conditions (the "Agreement") are entered into by and between You ("Customer" or "You") and Sue Brown-Moore ("Company", "We", or "Us").
The Company agrees to provide You with access to the Group Coaching Program entitled, "Story Sorcery Intensive" ("Program"). As a condition of participating in the Program, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
This Agreement shall commence and be enforceable with respect to each Customer upon the date that Customer initially registers for the Program.
In consideration of Your access to the Program, You may choose between a single payment of $1,200 USD (due immediately), 2 monthly payments of $600 USD, or 3 monthly payments of $400 USD. If You select the payment plan, You must pay the initial payment today, and then Your selected payment method will be automatically charged the following payment(s) on a monthly basis, for a total payment of $1,200. If You opt for monthly payments, You will remain responsible for those payments. The Program has a "No Refunds" policy, so You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend Your access to the Program and all of its benefits.
From time to time, the Program may go on sale. These terms apply to all future sale prices.
Payment Plan Authorization
If You elect for the payment plan, You hereby authorize the Company to charge Your credit card or debit card automatically according to the terms set forth in the Fees section above.
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.
To the extent You are in a jurisdiction that has a legal cooling-off period, You recognize that accessing the material in the Program will forfeit any rights You might have under that cooling-off period.
Term Of The Program
The Program shall run from September 5th, 2023 through November 10th, 2023. Unless otherwise noted in the description of “The Program” below, the Company’s responsibilities shall cease after November 10th, 2023.
As part of the Program, the Company shall provide the following to the Customer:
Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information (the “Program Area”). You shall have access to this Program Area during the duration of the Program.
Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will encourage Program participants to interact with one another in the group, but the Company does not make any guarantees about group participation activities. You are required to abide by any and all rules posted in that Group. If You fail to abide by those rules, You will forfeit Your right to participate in that Group. In the event You lose Your right to participate in the Group as a result of rules violation, You shall not receive a refund.
Group Coaching Sessions – As a member of the Program, You will have access to weekly coaching calls. The Company shall provide You with details about how to participate in these coaching calls.
One-On-One Calls With Coaches – Program participants are entitled to 1 call with coaches and/or consultants working for the Company. The Company shall provide You with the ability to schedule these calls, but it is solely Your responsibility to schedule the calls. If You fail to schedule one or more of Your calls during the allowed time period, You shall forfeit that call. Similarly, You may not cancel or reschedule a call unless You do so at least 72 hours in advance.
Group Q&A Sessions – As a member of the Program, You will have access to question and answer session(s) along with other members of the Program. The Company shall provide You with details about how to participate in these question-and-answer session(s).
Voxer Access to Coaches – Members will be allowed to communicate with one or more of the Company's personnel via Voxer. The purpose of this access is to help You work through issues that arise during the program and between coaching calls. You are expected to use discretion in how often You send such messages, and the Company reserves the right to revoke this access if communications are excessive. You will be warned and given an opportunity to limit the frequencies of such messages prior to any such revocation.
Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to You at the time of registration.
The Company respects the privacy of its customers and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, You hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
As a condition of participating in the Program, You hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, You shall not share any information provided by other Program participants outside of the bounds of the Program unless You receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting Your Submission You are granting the Company, our affiliated companies, and necessary sub-licensees permission to include Your Submissions in the Program going forward. The Company may ask for your explicit permission to use Your name and/or likeness for promotional purposes, but reserves the right to use non-confidential content anonymously at its discretion.
In other words, the Company has the right to include Your text Submissions – excluding any confidential or personally identifying audio or video recordings of You participating in any sessions as part of the Program – in a non-credited way in the Program going forward. The Company will not use any of Your proprietary intellectual property in any public way without Your consent.
No compensation will be paid with respect to the use of Your Submission, as provided herein. The Company is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input, or submit the Submissions.
By participating in the Program, You accept personal responsibility for the results of Your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program do not guarantee that You or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the Program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Program or any portion of it, Your sole and exclusive remedy is to discontinue using the Program.
Choice of Law & Choice of Forum
The Parties agree that this Agreement shall be construed under the laws of California regardless of any choice of law rules.
Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in San Mateo, California under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
The Parties agree that the prevailing Party in any action relating to or arising out of this Agreement will be awarded its reasonable attorneys’ fees and costs incurred as a result of such a proceeding.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate Your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
The Parties further agree:
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.
Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.
Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of that Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.
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