Please READ carefully. By purchasing this program/service, the following Terms and Conditions are entered into by Stacie Ehler Coaching (“Coach, “I”) and You (“Client” or “You”) agree to the following terms stated herein.
PROGRAM/SERVICE
Stacie Ehler Coaching (herein referred to as “Coach”) agrees to provide Program, (herein referred to as “Program”), identified in online commerce shopping cart. 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.
Client understands that when a service of more than one appointment is scheduled, they must schedule them within a certain time period.
All programs must be completed within four weeks past the allotted time of the program. Coach is not obligated to fulfill the services past the allotted time frame nor issue a refund for the program.
Client is required to give 24 hours notice to reschedule any appointment. Client is allowed to reschedule an appointment up to two times, after Coach is no longer obligated to fulfill the service nor issue a refund for the appointment.
DISCLAIMER
The Coach’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
Client understands Stacie Ehler (herein referred to as “Coach”) is not an employee, agent, doctor, lawyer, manager, therapist, public relations or business manager, registered dietitian, or financial analyst, psychotherapist, or accountant. Client understands that Coach has not promised, shall not be obligated to and will not; (1) make claims that you will get 100% results; (2) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (3) act as a doctor to diagnose medical conditions, perform medical procedures, or give medical advice. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
FEES
In consideration of Your access to the Program, you authorize Coach to charge the amount identified in online commerce shopping cart. Client agrees to abide by the terms and conditions of card issuer agreement and any other applicable third party agreement that may affect Clients purchase with Coach. Client agrees to provide current, accurate and complete details as requested to process payment. If necessary, Client agrees to update payment information in a timely manner so any outstanding orders can be completed and/or contact Client as needed.
I reserve the right to change our prices for new purchases at any time.
Failed Payments
In the event of a failed payment, the Client will be notified and given a 5-day grace period to rectify the issue. If payment is not received within this period, scheduling sessions and access to program benefits will be immediately revoked until the account is brought current.
Promotional Pricing Devices and Price Adjustments
Coach is not able to accommodate a price adjustment after purchase.
Currency
All payments will be processed in the local currency, or if not specified at checkout, in US Dollars.
Taxes
Sales taxes will be applied to your order as required by law in either Client or Coach’s local area(s).
Refund Policy
Coach is not able to offer refunds for this Program. Client understands this provision and agrees that he or she is not entitled to a refund once the payment has been issued to Coach.
Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.
Errors or Mistakes in Pricing
Coach reserves the right to correct any errors or mistakes in pricing, even if payment has already been received. Any such changes will be conveyed in writing via email to notify Client of Coach’s correction and to allow Client to take the most appropriate action in the event of such a correction or mistake.
CONFIDENTIALITY
This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by Coach or Client during classes, discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, personal information, coaching strategies, exercises, birth plans, relationships, or any information shared by other members of Program, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents, or any other original work created by Coach, and any and all other intellectual property (discussed below.)
Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep Confidential Information private, even after the completion of working with Coach.
If client is a referral from a doctor, relevant information may be shared between the Coach and the Doctor.
MANDATORY REPORTING DISCLOSURE
Client understands that under Texas law, Coach is a mandatory reporter for certain types of information. This means that if, during coaching sessions, Coach has a reason to believe or am made aware of any situations involving abuse, neglect, or exploitation of a child, elderly person, or vulnerable adult, Coach is legally obligated to report this information to the appropriate authorities.
This requirement is in place to ensure the safety and well-being of individuals who may not be able to protect themselves. Coach’s role is to support your wellness journey, but must comply with these laws for the protection of vulnerable persons.
Please note that confidentiality is a core value of practice, and Coach will always maintain Client privacy to the fullest extent possible unless disclosure is required by law. If Client has any questions or concerns regarding this policy, feel free to discuss them with Coach.
NO TRANSFER OF INTELLECTUAL PROPERY
Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, class videos, trade secrets, guides, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own life but understands that the rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
LICENSEE RIGHTS: Coach’s Limited License To Client
Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
ii. Post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
iii. Share purchased materials, information, content with others who have not purchased them.
iv. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, a violation of this Agreement and United States Federal laws.
INDEMNIFICATION
Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where decided that Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
FORCE MAJEURE
The Coach shall not be liable or responsible to You, 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 the Coach 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.
SEVERABILITY/WAIVER
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.
MISCELLANEOUS
You agree to absolve and do hereby absolve the Coach 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 Coach 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 Coach and/or their suppliers may make improvements and/or changes in the Program at any time.
The Coach and/or their 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 Coach and/or their 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 Coach and/or their 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
Coach or any of thier 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. for errors or omissions that may appear in any of the program materials.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Coach.
MODIFICATION
Coach may modify terms of this agreement at any time. All modifications shall be posted on Coach’s website and purchasers shall be notified.
TERMINATION
The Coach 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 Coach 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.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Dallas, TX.
If you require further clarification, please contact stacie@stacieehlercoaching.com