[et_pb_section fb_built=”1″ _builder_version=”3.0.47″][et_pb_row _builder_version=”3.0.48″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.0.47″ parallax=”off” parallax_method=”on”][et_pb_text _builder_version=”3.17.1″]1. APPLICATION OF THESE TERMS
These terms and conditions (“Terms”) apply to Group Coaching Programs provided by Kelli Saginak, Kelli Saginak LLC, 2872 Prairie Wood Dr., Oshkosh, WI 54904.
The agreement for you to participate in a particular group program is made when you enroll, agree to these Terms, and receive email confirmation for you to participate in the Group Program, and is governed by these Terms and continues until it ends in accordance with these Terms and the Group Program Conditions.
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 clients are participating simultaneously, whether in person (i.e. live in the same room), or over Zoom, or online, as specified in the Program description;
d) “Program” means the Group Coaching Program you have purchased, and may comprise one or more of Zoom sessions, live ‘in person’ sessions, working on an online platform, and downloadable products, as described in the Group Program description on our website www.kellisaginak.com.
2. THE COACHING PROGRAM
Program Scope: Our aim is to respond accurately and supportively to the development and achievement of your personal objectives within the Program in which you have chosen to invest and enroll. 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.
You must be aged 18 or over to participate in the Program.
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
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. I will show up at our sessions and facilitate compassion, focused questions, responses, and feedback while also teaching you specific lifelong, self-coaching skills. However, due to the nature of coaching, we cannot and do not guarantee any particular results, nor is not achieving any particular results grounds for refund. However, those who courageously maintain unwavering commitment and courage with a compassion open heart and mind achieve best results.
Sessions will start and finish on time, regardless of when you join a Session.
If we have to reschedule any Session, we will provide you with as much notice as possible of changes.
Programs are not intended or recommended as substitutes for any legal, medical, psychiatric or other orthodox types of professional assistance.
4. YOUR COMMITMENTS
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.
You agree to keep your user details and password for access to any element of the Program strictly confidential and not disclose them to a third party.
You agree 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.
You agree not to promote or sell products or services to other participants in the Program or during any part of the Program without our prior written consent.
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).
You agree to comply with our Terms of Website Use and Acceptable Use Policy as set out from time to time on our website www.kellisaginak.com.
5. FEES
Fees for the Program and the date(s) payment is due are as follows:
Payments: Payment terms and agreements are listed on the invoice that you will receive at the time of registration or enrollment.
Installment payments: Recurring installment payments are available on a per Program basis. If you fail to make any payment under a payment plan at the due date without prior arrangements, the full remaining balance of Program becomes due immediately.
Your expenses: All your costs and expenses for participating the Sessions (like travel, accommodation, subsistence and other expenses) are your responsibility.
Refunds: I am dedicated to working with ideal clients and forging amazing results. When the Contract has been made, you are immediately responsible for the full fees of the entire Program. However, without questions asked, I will offer a full refund during the first 14 days of the contract. If after 14 days, we decide mutually that you and I are not a match for each other and after discussion and troubleshooting we agree that our relationship is not ideal, I will issue a pro-rated refund during the first 30 days of the 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.
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:
b) suspend your participation in the Program until payment has been made in full.
All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
6. CONFIDENTIALITY, INTELLECTUAL PROPERTY, AND NON-DISCLOSURE
“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.
I will not, at any time, either directly or indirectly, use any of your information for my own benefit, disclose, or communicate, in any manner, any information to any third party without your consent or permission. 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.
I will also not divulge that we are in a working relationship, with anyone, as a courtesy to your privacy. However, you are free to tell others that we are working together, if you like.
As is good practice in coaching, we undertake our own coaching. This may involve disclosing issues which have arisen out of Sessions to our coaches/supervisor and/or in supervision groups, but any such disclosures shall be made on a general basis only and without disclosing your name or identifying details.
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 organization) 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.
The materials I share during our work together are proprietary and copyrighted for Kelli Saginak LLC purposes only. You are welcome to share them with others as they pertain to your growth and expansion. However, they are not to be distributed or shared for monetary or proprietary reasons.
Recordings: You may not without our prior written consent make any audio or visual recordings of all or any part of the Group Program Sessions or post, distribute the recordings on any social media sites or websites or through email. They are for your individual, personal use only.
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.
All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
7. ONLINE SESSIONS
Where the Program involves online Sessions:
a) Online Sessions are held using Zoom video/audio conferencing. 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
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.
You hereby employ Kelli Saginak as a Coach for the purpose of providing you with coaching services and/programs with respect to your personal development, and setting and achieving you goals. Kelli Saginak has experience in such matters and agrees to render such coaching services.
You understand and I agree that I am not an employment agent, a business manager, a financial analyst or a psychotherapist, psychologist, or medical provider in this setting, and that I have not promised, shall not be obligated to, and will not: (1) procure or attempt to procure any employment, business or sales for the Client; (2) perform any business management functions such as accounting services, tax or investment consulting, or advise with regard thereto; or (3) act as a therapist, providing psychological counseling, psychoanalysis or behavioral therapy, or any medical advise or services.
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.
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.
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.
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.
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.
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.
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.
All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
9. FORCE MAJEURE
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.
This entire clause, including this paragraph, shall survive termination of the Contract.
10. DISPUTES, RIGHTS AND LAW
Resolving problems: If there is anything about the Group Program in which you invested and enrolled or any Session that is not going as you want, please contact us immediately without delay at kelli@kellisaginak.com.
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 courts or 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.
All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
11. TERM AND TERMINATION
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.
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.
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).
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.
All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
12. OTHER PROVISIONS
Variation: No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
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.
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.
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.
All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
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