GROUP PROGRAM TERMS & CONDITIONS
TERMS OF BUSINESS
Happy Holidays Wellness Bootcamp
Summary of Key Terms
· Contents of Program - see website www.jennawalengawellness.com
· Payment is due in full at the time of booking
1. APPLICATION OF THESE TERMS
1. These terms and conditions (“Terms”) apply to Group Coaching Program provided by us, Jenna Walenga Wellness, 602 N. 43rd St, Seattle, WA 98103.
2. The agreement for you to participate in a particular program is made when we email our acceptance of your offer to participate in the Program, and is governed by these Terms and continues until it ends in accordance with these Terms.
3. Definitions: In these terms:
a) “Terms” means these Terms of Business;
b) “Contract” means the contract between us, formed as described in clause 1.2 above;
c) “Session” means a group coaching session in which a number of our clients are participating simultaneously, whether in person (i.e. live in the same room), or over Skype, or online, as specified in the Program;
d) “Program” means the Coaching Program you have purchased from us, and may comprise one or more of Skype sessions, live ‘in person’ sessions, working on an online platform, and downloadable products, as described in the program description on our website www.jennawalengawellness.com.
2. THE COACHING PROGRAM
1. Project scope: Our aim is to respond accurately and supportively to the development and achievement of your wellness objectives within the Program you have picked to join. However, successful outcomes will require commitment from you. We cannot guarantee particular results, although we can assure you of our commitment to successful completion of our coaching relationship.
2. You must be aged 18 or over to participate in the Program.
3. All our Programs are subject to availability, offered for purposes of guidance and assistance, and given at our discretion and convenience. We reserve the right to refuse access to the Program at our sole discretion.
3. OUR COMMITMENTS
1. We will provide the Services with reasonable care, skill and ability. Apart from that, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, we cannot and do not guarantee any particular results. Best results will be achieved by those with an open heart and mind.
2. Sessions will start and finish on time, regardless of when you join a Session.
3. If we have to reschedule any Session, we will provide you with as much notice as possible of changes.
4. Programs are not intended or recommended as substitutes for any legal, medical, psychiatric or other orthodox types of professional assistance.
4. YOUR COMMITMENTS
1. When participating in the Program, information you share and your behavior towards other participants shall be polite, respectful and not offensive. We acknowledge that challenge may sometimes be appropriate and helpful, but offensive or hostile behavior towards or in relation to other participants is not permitted.
2. You will not post material or make comments that are likely or intended to be or are in breach of any person’s rights, defamatory, obscene, sexually explicit, discriminatory, violent, threatening, promoting illegal activity, or are likely or intended to deceive any person, or harass or cause anxiety to any person, or likely to bring us into disrepute.
3. You will keep your user details and password for access to any element of the Program strictly confidential and not disclose them to a third party.
4. You shall not promote or sell products or services to other participants in the Program or during any part of the Program without our prior written consent.
5. Where a Session is held in third party venues, you agree to comply with the venue’s policies and rules (for example, about fire safety, and health and safety).
1. Fees for the Program and the date(s) payment is due are as follows:
2. Installment payments: If you fail to make any payment under a payment plan at the due date, the whole remaining balance of all the plan payments become immediately due and payable in full.
3. Your expenses: All your costs and expenses for participating the Sessions (like travel, accommodation, subsistence and other expenses) are your responsibility.
4. Refunds: When the Contract has been made, you are immediately responsible for the full fees of the whole Program. If you cancel or cease attendance at the Sessions for any reason, you are not entitled to a refund and amounts that are still unpaid for the Program remain due and payable.
5. Late/under payment: Without prejudice to, and in addition to any other right or remedy that we may have, if you fail to pay us any invoice on the due date, we may:
a) charge a $50 fee per week after original due date; and
b) suspend your participation in the Program until payment has been made in full.
6. All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
6. CONFIDENTIALITY, INTELLECTUAL PROPERTY, AND INFORMATION
1. “Confidential information” means information in whatever form relating to you and your affairs which we obtain in connection with the provision of Services, and the fact that we are providing Services to you, but excludes (1) information that you allow us to publish and (2) information that you publish yourself.
2. We will only use or disclose confidential information (1) as may be necessary for the effective performance of Services to you; or (2) which has been authorized by you; or (3) as is required by law; or (4) which we reasonably consider is necessary or advisable to prevent illegal acts or harm to you or others.
3. Our information and intellectual property: Information that we provide you in the course of a Program and in Sessions, including written material, handouts, and other documents, and the methodologies we apply, are copyright information and/or trade secrets of our business. Apart from third party copyright information (which we shall attribute), we own or are the licensee of all intellectual property rights in all such material, and it may not be used, copied or adapted by you, nor disclosed to any other person (whether or not an associated company or organisation) under any circumstances unless we have given our specific written permission on a case-by-case basis, and subject to such conditions as we may in our absolute discretion determine, or as set out in the next clause.
4. You may use all or any of the content or material presented in the Sessions or in the Program for your use alone, and for other uses that we specifically agree in writing in advance.
5. Recordings: You may not without our prior written consent make any audio or visual recordings of all or any part of Sessions. We may from time to time make recordings (audio and/or visual and/or photographic) of Sessions which you are attending. You authorize us to use your image and voice in such recordings without further consent or other conditions from you. We may use such recordings, and edit, copy, adapt, translate or add to them for the purposes of or in promoting future programs or events or in creating future programs or products.
6. You must hold as strictly confidential, and not disclose or use it for any purpose whatsoever, all information you obtain about any other participant on a Group Coaching Session, unless that participant has expressly authorized use or disclosure of that information in writing to you.
7. All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
7. ONLINE SESSIONS
1. Where the Program involves online Sessions:
a) Online Sessions are held on third party secure servers. We take reasonable steps to ensure that online content is available at all times during the Program, but we shall have no liability to you if any content (provided by us or added by you or other participants) is not available or becomes corrupted in whole or in part at any time.
b) Keep your user details and password confidential and secure at all times and do not disclose them to a third party. Notify us if you are aware of unauthorized use of your account.
8. LIABILITY AND LIMITATION
1. Nothing in these Terms shall be interpreted as excluding or restricting any legal liability on us for death or personal injury resulting from our negligence or the negligence of our employees, agents or sub-contractors, or for any other matter for which liability cannot be legally excluded or limited.
2. Any personal liability of any of our directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of Services or relating to the supply of products is hereby expressly excluded.
3. We shall have no liability for any special, indirect, consequential or pure economic losses, costs, damages, charges or expenses suffered or incurred by you, however caused, including, but not limited to, loss of anticipated profits, goodwill, reputation, business receipts or contracts, loss or corruption of data, or losses or expenses resulting from third party claims.
4. Our aggregate liability to you, whether for negligence, breach of contract, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Contract shall in no circumstances exceed the fees of paid by you for the provision of the services which gives rise to such liability in respect of any occurrence or series of occurrences.
5. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
6. You are responsible for your own belongings that you take to or use in a Session and we shall not be liable for any loss, damage, theft or destruction of any of your belongings.
7. You agree to reimburse us in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.
8. You will indemnify us against all claims, damages, losses, costs or expenses (including professional fees) for any liability arising from any unauthorized use of your online account with us.
9. All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
9. FORCE MAJEURE
1. We will not be in breach of the Contract nor liable for failure to provide services or perform obligations where it is not reasonably practicable to do so due to acts, events, omissions, accidents or circumstances beyond our control.
2. This entire clause, including this paragraph, shall survive termination of the Contract.
10. DISPUTES, RIGHTS AND LAW
1. Resolving problems: If there’s anything about your Program or any Session that is not going as you want, please raise it with us without delay.
2. Dispute process, jurisdiction and law, non-disparagement: If there is a dispute between us, we will first seek to resolve it amicably without recourse to law. If that fails, we agree and accept that the only venue for resolving disputes shall be the courts of the United States and that all agreements between us shall be construed under US law. The parties agree that they neither will engage in any conduct or communications, public or private, designed or intended or likely to disparage the other.
3. All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
11. TERM AND TERMINATION
1. The Contract will continue until the end of the Program and then shall expire, other than for the provisions of these Terms that are stated to remain in force.
2. The Contract may be terminated by either party:
a) Forthwith by written notice if the other party has committed a serious breach of contract which is not capable of being remedied within seven days;
b) Forthwith by written notice if the other takes any step towards winding up or administration, starts any insolvency process, becomes unable to pay its debts, or applies for creditor protection.
c) In the case of a breach that is remediable within seven days, forthwith by written notice seven days after the issue of a written warning notifying the offending party of the breach of contract and requiring its remedy within seven days, and that breach having not been remedied by the offending party within that time.
3. Termination of Contract shall not prejudice obligations accrued at the date of termination (including continuing obligations under clauses of these Terms expressed to survive termination).
4. All sums payable that would otherwise be payable at any future point shall become due immediately prior to termination of the Contract, despite any other provision. This clause is without prejudice to any right to claim for interest.
5. All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
12. OTHER PROVISIONS
1. Variation: No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
2. No waiver: If we do not enforce, or delay enforcing, any provision of these Terms or any provision of the Contract to which they apply, then that will not be a waiver of that provision, and it will not affect or limit our ability to enforce that term or provision at any time or on any other occasion.
3. Severability: If any provision of the Contract is not enforceable, it shall be struck from the Contract to the minimum extent necessary to make the entire Contract enforceable and this shall not affect the enforceability of the other provisions of the Contract.
4. Entire agreement: You acknowledge and agree that the Contract is the entire agreement between us relating to your participation in the Program and the rights and obligations flowing from that, and in entering into the Contract you have not relied upon any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the Program other than as expressly set out in the Contract.
5. All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.