This agreement (hereinafter referred to as the “Agreement”) is entered into on the date of: ____________________________, between_________________________________ (“Client” or “You”) with a principal place of business at _________________________________________________, and Limitless Confidence Company ™ (hereinafter referred to as “Company”) with its principal place of business at 20119 E. Willis Rd., Tahlequah, OK. 74464 (including its affiliates).
DEFINITIONS
Company – Limitless Confidence Company™
Coach – Deanna Herrin
Client or You – Individual participating in coaching sessions.
Coaching or Life & Transformation Coaching – A partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client.
Agreement – Business coaching contract.
Content -- Graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software
Marks – Any trademarks, service marks, graphics, logos, page headers, icons, scripts, and tradenames.
Program – The agreed upon Coaching pursuant to this Agreement.
RECITALS
WHEREAS, Company offers Life & Transformation Coaching “Coaching” provided by Company to the Client;
WHEREAS, the Client wishes to be coached by the Company;
NOW, THEREFORE, in consideration of the foregoing premises, of the mutual covenants contained in this Agreement, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, hereby agree as follows:
EXPECTATIONS AND RESPONSIBILITIES
- Be coachable – open to suggestions but not reliant on the coach for your business or your life.
- Take the appropriate feedback and action steps given by the coach in order to apply them in whatever form necessary to fit your life and business in the ways you want to see change.
- Be present for each session. Come with tissues, water, and no distractions.
- Refrain from drugs, alcohol, or other substances 24 hours to the session. If you drive under the influence of any substances, your session will be canceled and you will forfeit that session.
- Complete the homework provided before each session.
As the Client, you UNDERSTAND:
- This Program is not therapy or counseling, nor is it advertised as such.
- This Program is not for individuals with active addictions including but not limited to drugs, alcohol, or prescription medications.
- The need to seek professional medical attention if I suffer from depression, anxiety, or suicidal thoughts.
- This program will work through trauma to find limiting beliefs which need to be reprogrammed in the subconscious mind.
- This program is spiritual work used to bring me back to the divine truth of who I am created to be.
SOCIAL MEDIA. Client may be granted access to Facebook and other social media groups for additional education and materials. The intent of such groups is to facilitate the coaching relationship, improve accountability, encourage members, celebrate achievements, create a community for clients, and facilitate coaching opportunities. If Company deems Client’s behavior or content inappropriate, harmful, or offensive in any way, Client or the content may be removed from the group without any notice.
INVESTMENT AND PAYMENT. Client is investing a total amount of $210 for 12 months. Client is financially willing and able to invest in this Coaching Program by choice, and by so doing, Client is not in any way incurring any economic hardship. Once 12 months of payments are complete, Client is granted lifetime access to all modules and live coaching. Client understands there is no refund policy in this Program.
AUTHORIZATION AND RECEIPT. By paying via Stripe with debit card or credit card, you will receive an electronic receipt. If Client uses a payment plan, Client agrees to automatic payments each month.
MISSED PAYMENT. If payment is not received by the due date or there is a problem with the payment transaction or method, Client will be notified by email and have a 3-day grace period to make the payment following the due date. During this time, the Program will be put on hold and no Coaching Sessions will be held, including during the grace period. If no payment is made within the 3-day grace period, the Program will automatically terminate, and Client will forfeit any remaining Coaching Sessions and Program access. Payments must be received at least 24 hours prior to the first scheduled Coaching Session, otherwise, the Coaching Session is canceled and cannot be made up until payments resume.
REFUND POLICY. Limitless Confidence Company ™ wants you to be happy with your Program. If, for some reason, Client is not satisfied, Client may stop the Program at any time, whether or not Client has held all of the Coaching Sessions. Because the Company will have invested considerable time and effort in Client’s Program, if Client decides to withdraw for any reason, Client will remain fully responsible for all payments in the full cost of the Program. No refund will be provided. By canceling the contract before the 12 month period, Client forfeits lifetime access to the program.
CONFIDENTIALITY. All information exchange during the Program will be kept strictly confidential. Limitless Confidence Company ™ will not disclose confidential information shared during the Program to anyone else without reason to know such information, unless required by law ethics, or upon written authorization by Client.
INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE; LIMITED LICENSE. All content provided by the Company to You (collectively, “Content”), including but not limited to, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is the Company’s property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international Copyright laws, treaties, and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names (each, a “Mark”) maintained by the company are proprietary to us or our licensors or licensees. Company’s Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredit us or anyone else. All other Marks not owned by the Company appearing on the Website are the property of their prospective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. The Company grants you a limited license to access and make personal use of the content. No content or any other internet site owned, operated, license, or controlled by Deanna Herrin and/or Limitless Confidence Company ™ may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted, or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except you may download one (1) copy of the content Deanna Herrin and/or Limitless Confidence Company ™ makes available to you for such purposes on a single computer for your personal, non-commercial, home use only, provided you: (a) keep intact all Copyright, Trademark and other proprietary rights notices; (b) do not modify the content; (c) do not use any Content in a manner suggesting an association with any of the Company’s products, services, or brands; and (d) do not download content so as to avoid future downloads.
Your use of Content on any other website or computer environment is strictly prohibited. The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of any content; collect and use any product listings, descriptions, or prices; make any derivative use of the content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering an extraction tool. Client may not frame, or utilize framing techniques to enclose any Mark, Content, or any other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without Deanna Herrin’s, Limitless Confidence Company ™, and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. Client is granted a limited, revocable, and non-exclusive right to create a hyperlink only to the Company’s homepage provided the link does not portray the Company, their licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of the Company’s or any such party's intellectual property as part of the link without the Company’s and each party's express written consent.
PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS:
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK. You acknowledge that you take full responsibility for your well-being in all decisions made before, during and after your Program. Deanna Herrin and Limitless Confidence Company ™ has used care in preparing the information provided to you, but all her information, programs, and services are made available to you as marketing and business tools for your own personal use and for informational and educational purposes only. You accept full responsibility for your choices, actions and results and expressly assume the risks of the program for your use, or non-use, of the information provided to you. You also understand that you are expressing assuming all the risks of the Program, whether or not such risks were created or exacerbated by the Program.
DISCLAIMER OF WARRANTIES; WAIVER AND RELEASE. The content from the Company is provided “as is” and without warranty of any kind, expressed or implied period to the fullest extent permitted by applicable law. the Company disclaims any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement. The Company does not warrant that the functions contained in any content (including without limitation, user-generated content) will be uninterrupted or error free, that defects will be corrected, or that the website or the servers making such content available are free of viruses or other harmful components. You assume the entire cost of all necessary servicing, repair, or correction of any of your equipment or software. Limitless Confidence Company ™ make no representations or warranties regarding use, or the result of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to client including, without limitation, any third-party site or service linked to from client and specifically no representation or warranty of correctness, accuracy, completeness, reliability, or safety.
Deanna Herrin is not an employee, agent, lawyer, doctor, manager, therapist, public relations, business manager, registered dietitian, financial analyst, psychotherapist, or accountant. Client understands Deanna Herrin and Limitless Confidence Company ™ have not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client (2) perform any business management functions including but not limited to, accounting, tax or investment consulting , or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager, (5) act as a publicist to procure any publicity, interviews, writeups, features, television, print or digital media exposure for Client (6) or introduce Client to Deanna Herrin’s full network of Contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Program. If the parties continue the relationship, a separate agreement will be entered into. You acknowledge you have carefully read this “waiver and release” and fully understand it is a release of liability. You expressly agree to release and discharge all identified parties from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right you may otherwise have to bring a legal action against any identified party for personal injury or property damage.
EARNINGS DISCLAIMER. Every effort has been made to accurately represent this Program and its potential. There is no guarantee you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques. Deanna Herrin and Limitless Confidence Company ™ do not position this product as a “get-rich-quick” scheme. Any claims made of actual earnings or examples of actual results can be verified upon request. Client’s level of success in attaining the results claimed in the Company’s materials depends upon the time you devote to the program, ideas, and techniques mentioned, your finances, knowledge, and various skills. Since these factors differ according to individuals, the Company cannot guarantee your success or income level, nor is Limitless Confidence Company ™ responsible for any of your actions.
LIMITATION OF LIABILITY. Under no circumstances shall Deanna Herrin or Limitless Confidence Company ™ be liable to you or anyone else for any direct, indirect, incidental, special, or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever which arise out of our result from: (a) participation in this Program or any content or functions thereof; or (b) any act or omission, on line or offline, of any participant in this Program or anyone else, even if Deanna Herrin or Limitless Confidence Company ™ have been advised of the possibility of such damages. In no event shall the Company’s total liability to you for all loss, cost, damage, liability, or expense (including attorneys’ fees and costs) you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you, if any, for the right to access or participate in any activity related to this Program.
Under no circumstances shall Deanna Herrin, Limitless Confidence Company ™, or any of the identified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or otherwise cause beyond our or their control including, without limitation, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, terrorist attacks, shortages of Labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. The limitations, exclusions, and disclaimers in this agreement and elsewhere in these terms of use apply to the maximum extent permitted by applicable law. Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you.
INDEMNIFICATION. You, on behalf of your heirs, next of kin, family members, estate, beneficiaries, executors, administrators, and representatives (now, collectively, “You”), agree to indemnify, defend and hold Deanna Herrin and Limitless Confidence Company ™, and the licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents , representatives and assigns (collectively, the “Identified Parties”), harmless from and against any and all loss, cost, damage, liability an expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the identified parties arising out of, in connection with or related to any breach or alleged breach by you of this Agreement. You shall use your best efforts to cooperate with Deanna Herrin and Limitless Confidence Company ™ in the defense of any claim. Deanna Herrin and Limitless Confidence Company ™ reserve the right, at their own expense, to employ separate counsel and assume the exclusive defense in control of the settlement and disposition of any claim subject to indemnification by Client.
TERMINATION. The Client may terminate this agreement at any time with 72 hours written notice via email. If the Client terminates the agreement the client remains financially responsible for the full cost of the Program and must immediately make any remaining payments. All the terms of this agreement apply even after termination. In the event of any circumstances beyond control of Deanna Herrin or Limitless Confidence Company ™, such as, community disaster, a fire, or situation in which the continued provision of services under this agreement would substantially interfere with the Company’s duty of service to its clientele, the Company reserves the right to suspend performing obligations under this agreement immediately and until such time as the inherent determines that the circumstances are again suitable available and safe. In such an event in providing circumstances permit, Deanna Herrin and/or Limitless Confidence Company ™ shall give notice not less than twenty-four (24) hours.
NOTICE. All correspondence or notice required regarding the Program shall be made to Limitless Confidence Company ™ and to Client at the email address provided during enrollment in the Program. Should the Client’s email address or contact information change at any time throughout the course of the Program, it is the Client's responsibility to update the contact information within 72 hours.
MODIFICATION OF AGREEMENT. Any modification of this Agreement or additional obligation assumed by any Party in the connection with this agreement shall be binding only if evidenced in a writing signed by each Party. Neither this Agreement nor any other rights or obligations under this Agreement shall be assigned or otherwise transferred.
NO WAIVER. The failure to enforce any provision of this Agreement shall not be construed as a waiver of limitation of the right to later enforce and compel strict compliance with every part of this Agreement.
EFFECT OF PARTIAL INVALIDITY. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event any provision of this Agreement is held to be invalid, the Parties agreed that the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement of the invalid provision.
DISPUTE RESOLUTION. Client and Company will do their best to work out any differences through a phone conversation or via email. However, should a dispute arise between the parties, the parties agree to submit to binding arbitration before a single arbitrator, selected jointly. Prior to seeking arbitration, client must submit their complaint to the Company with full details about the dissatisfaction with the Program via email to [email protected]. Client understands that the only remedy through arbitration is a full refund of your payment made to date. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator's award, if made, is binding and maybe entered into any court having the appropriate jurisdiction. By signing this agreement, client agrees to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted in an email or shall otherwise be forfeited forever. Arbitration will be held in Cherokee County, Tahlequah OK, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
NON-DISPARAGEMENT. In the event of a dispute between Client and the Company, Client agrees not to engage any conduct or communications, public or private, designed to disparage Limitless Confidence Company ™ or Deanna Herrin. Where requested by law or arbitration, of course, Client is not prohibited from sharing their thoughts and opinions as a part of the legal process. By signing this Agreement, Client acknowledges they have read, understand, and agree to and accepts all of the terms of this Agreement. Your Program will not begin until this signed document has been received, and payment has been made.
NON-DISCLOSURE OBLIGATIONS. You agreed to hold the confidential information provided by Limitless Confidence Company ™ and Deanna Herrin in confidence. Without limiting the generality of the foregoing, the Client, further promises and agrees: (a) to take commercially reasonable measures to protect and safeguard the confidential information which is received against unauthorized use, dissemination, publication, or disclosure; (b) not to use any of the confidential information except in connection with the execution of the Program; and (c) not to, directly or indirectly, in any way, reveal, report, publish, disclose, or transfer any of the confidential information except to its affiliates, principles, employees, representatives, accountants, agents, co-investors, advisors, legal counsel, lenders, investors, officers, and directors, or as otherwise specifically authorized by the Company.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma and the courts of Cherokee County shall be the sole forum for resolving disputes hereunder.
MANDATORY DISCLOSURES. (initial all that apply)
______ I am NOT seeking coaching for my Arbonne business.
______ I have not been solicited by the Company or by Deanna Herrin through my Arbonne Independent Consultant status.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and any prior understanding or representation of any kind shall not be binding upon any Party, except to the extent incorporated in this Agreement.
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Client Signature Date
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Printed Name
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Company Signature Date
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Printed Name
Hypnobreathwork© Waiver
I acknowledge that Hypnobreathwork© is a deep and powerful process. I have notified the practitioners of any physical injuries, mental or psychological conditions I have. I engage in this experience willingly and take full responsibility for any physical, mental, and emotional experiences I may have during or after the session.
Contraindications
Hypnobreathwork© is intended as a personal growth experience and should not be looked upon as a substitute for psychotherapy. It is not appropriate for pregnant women, for persons with cardiovascular problems, including angina or heart attack, high blood pressure, glaucoma, retinal detachment, osteoporosis, history of seizures, stroke, major psychiatric conditions, recent surgery, acute infectious illness, or epilepsy. If you have any doubt about whether you should participate, please consult with your primary care physician. Persons with asthma should bring their asthma inhaler and also consult with their physician pending doubt.
Release
I hereby release and hold Deanna Herrin, certified practitioner, from any and all results arising during the Hypnobreathwork© session. I waive all rights under law regarding the same. I and/or my representative(s) agree to fully release and hold Deanna Herrin, certified practitioner, harmless from and against any and all claims or liability of whatsoever kind of nature arising out of or in connection to my session(s).
Attestation of Good Health
I hereby confirm that I have read and understood the above information and attest that my general health is good to participate.
Participants Printed Name: ______________________
Participants Signature: _________________________
Date:_____________________