1. OVERVIEW
This Terms and Conditions of Use Agreement ("Agreement) is entered into between you (“Client”) and ERIKA CRUZ, owner of ERIKA CRUZ LLC, (“Coach”) for group coaching services. This is a legally binding agreement between the Client and Coach that has been reached after an offer and acceptance was made, and valuable consideration was exchanged. The purpose of this Agreement is to detail the services provided by the Coach and set forth the responsibilities of the Client, in accordance with the terms and conditions of this Agreement. The Client and the Coach are collectively referred to herein as the “Parties” or individually as a “Party”.
The Parties intend to be legally bound and agree to the following terms and conditions contained in this Agreement.
2. TERM
This Agreement shall become effective between the Client and the Coach when the Client checks off on this Agreement, and the initial required payment is received as defined below. This Agreement shall remain in full force and effect until the end of the 12 -month program unless terminated earlier in accordance with the provisions of this Agreement.
The Client agrees to purchase the GROUP COACHING SERVICES offered by the Coach, under the payment terms listed below.
The Coach agrees to provide the following services:
Group Sessions:
There shall be weekly group sessions via Zoom. The schedule of these sessions is still being finalized and the client will receive notice via email. The client may also subscribe to the program calendar. During these sessions, we will cover mindset and strategies to support the client in taking action on a Courage Project. The project is defined by the client and can be modified at any time. The client will learn tools to gain clarity, build a strong mindset, overcome self-doubt, and build confidence. Business and strategy guidance. There will also be dedicated open coaching time to address roadblocks as they appear for the clients. The coach may bring in expert guest speakers and additional resources. If there are any changes to this schedule, adequate notice shall be provided to the Client via email. The Coach may schedule up to (12 weeks) vacation per 12-month period where they will not be available on Slack or for any calls.
Additional Support:
1. The Client may contact [email protected] with any support questions or concerns. The Coach’s policy is to respond to all emails within 48 hours.
2. There shall be support provided through Slack where the client can ask the greater community including the Coach for support. Coaching from Erika will NOT be provided through direct messaging in Slack. Please ask in the #coaching-questions channel inside Slack.
3. There shall NOT be support provided by the Coach through Instagram or TikTok direct message.
4. The Client shall have access to the Slack community page where they may reach out to the community at any time throughout the duration of the program.
5. The Coach may hire support coaches to deliver coaching at any time.
Resources or Products Included:
1. The services include access to Courage Driven Latina live sessions and the recording of those sessions. Access shall be granted to the Client via email when this Agreement becomes effective; the email will contain all necessary login information as well as the link to Zoom for live sessions and Kajabi for recorded sessions. The Client will receive 12 months of access to this program. This program is transmitted by the Coach through a third-party platform. The Coach reserves the right to substitute service at any time, provided that it is comparable and value and it is reasonable for the Coach to do so as determined by the Coach. Access is presently available through Kajabi The Coach is not liable for any limitation of access to the Product caused by a third-party platform.
2. The client shall receive additional PDF resources to support their journey through this program. These resources will be sent to the client via email or uploaded into Kajabi.
Modification of Services.
Any service outside the scope of this agreement may require a new agreement. No material changes to the services will be made and the Coach shall have no obligation to perform any additional or modified services unless and until the Parties reach a new written agreement.
Independent Contractors and Guest Speakers.
The Client agrees and acknowledges that the Coach may use independent contractors or consultants to provide some of the services under this Agreement. The use of independent contractors or consultants does not change the responsibility of the Client for performance under this Agreement. Overall Purpose of the Services The services provided are for educational purposes and to aid the Client in improving relationships, personal and professional development, and to work on implementing strategies to overcome obstacles. The Coach aims to help the Client build confidence, get clear on goals and hold the Client accountable.
4. CLIENT AND COACH DUTIES AND RESPONSIBILITIES
Cancellation Policy:
Group sessions are scheduled by the Coach. If the Coach needs to cancel a group session for any reason, notice will be provided via email and the group session will be rescheduled either within the following 2 weeks or by adding an extra week to the length of the program. If the Client cannot attend one or more of the group sessions, no accommodations will be made as the date and time of each group session is predetermined.
Client Communication:
The Client agrees to remain in reasonable communication with the Coach throughout the duration of the services.
Email Communications:
Communication about services will be made with the Client through email, using the email address provided by the Client upon registration. The Coach may send promotional information, updates, or offers periodically via email, either from the Coach or its affiliates unless the Client has opted out of receiving such information. Contact information or preferences may be updated by the Client at any time by sending a request to the Coach via email.
5. PAYMENT POLICY
Fees:
The Client agrees and authorizes the Coach to charge their designated payment type (credit card or other billing method) for the full purchase price of the services as full consideration for the services. Payment shall be made in the amount of $2,222 USD if paid in full or five monthly payments of $444.40 USD for a total of $2,222 USD. The payment amount may vary if a mutually agreed upon discount code or scholarship was provided.
The Client understands that this agreement will not take effect until payment is made.
The Client agrees to pay under the payment schedule set forth below and authorizes the Coach to charge their billing method the amount specified in the payment schedule for each scheduled payment without additional separate authorization. If payments fail for any reason (updated credit card is needed, payment information update is required, credit card expired, etc), the Client agrees to resolve it immediately, within 5 business days. If the billing method is not updated or fixed within 5 business days, access to the services will be revoked until corrected. If payment is still not received after the 5 business days, a late fee will be assessed in the amount of $150.
Payment Schedule: Five monthly payments of $444.40 USD for a total of $2,222 USD. Payment is automatically processed on the same day of each month.
Chargebacks:
The Client agrees to not make any chargebacks to the Coach’s account or cancel the credit card or billing method used without the prior written consent of the Coach. In the event a chargeback or merchant dispute is commenced by Client with their bank for the services received under which payment was owed and Client is successful in recovering these funds, the Coach will provide this contract to the bank as well as evidence of your receipt of services. The Coach reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.
6. REFUND POLICY
Due to the digital nature of some of the services included, all services are non-refundable once all coaching services have been rendered. Payment for the services is earned in its entirety at the time of purchase (even if a payment plan is chosen) and as such, no refunds are provided under any circumstances, regardless of whether or not all services have been rendered.
7. DISCLAIMER
No professional-client relationship has been formed between the Coach and the Client by purchase or use of the services. It is the Client’s responsibility to do their own research, consult, and obtain a professional for any medical, legal, financial, health, or other help that may be needed for the Client’s situation.
Statements made regarding the Client’s life, relationships, career, and personal development is not a guarantee that the Client will have a certain level of results. The Client acknowledges and agrees that the Coach cannot guarantee future results or success with the life coaching, manifestation, purpose, mindset, or business coaching. The Client’s success is based on their own actions and not on the services. The Client acknowledges and agrees that the Coach is not liable for their success or lack thereof. Before beginning any type of fitness plan, nutrition plan, or other health or wellness plan, it is your responsibility to consult with a medical professional, mental health professional, therapist, or psychologist.
The Client agrees and acknowledges that the Coach is not a licensed therapist, psychologist, mental health professional, CPA, or financial advisor. The Coach is a mentor and life coach. The services are not meant to be a complete solution for any situation and do not make any such promises or guarantees. It is the Client’s responsibility to obtain a professional if necessary for their situation and the Client is not responsible for any outcome.
8. GUARANTEES AND WARRANTIES
The Coach does not guarantee any results with respect to the services or products provided under this Agreement, and it is for educational purposes only. The Coach tries to provide up-to-date and accurate information but does not make any representations that the information provided is always accurate, free from errors or omissions, current or reliable. The services and products under this Agreement are provided “AS IS” and the Coach disclaims all warranties of any kind, express or implied, including an implied warranty of fitness for a particular purpose, infringement and merchantability.
The Coach does not guarantee any outcome based on the Client’s purchase of services. Past results in other instances do not guarantee a similar outcome. No representations or warranties are made as to the accuracy or completeness of the services and use is at your own risk.
9. LIMITATIONS OF LIABILITY
The Coach will not be liable for any direct, indirect, incidental, consequential, exemplary, punitive or other damages arising out of or relating to the Client’s use of the Coach’s services or any services provided by third-parties, third-party claims, or any misuse of information, services or products, regardless of whether such liability is based on breach of contract, tort or otherwise, and even if advised of the possibility of such damages or if damages could have been reasonably foreseen. In no event should the Coach’s cumulative liability to you exceed the total purchase price of the services purchased from the Coach. This limitation of liability remains in full force and effect regardless of termination of this Agreement.
10. INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS
The services provided by the Coach contain intellectual property that belongs to the Coach. All rights reserved. The Coach hereby grants to the Client a worldwide, revocable, non-exclusive, non-transferable, non-sublicensable license to use the services included for the individual purposes intended under this Agreement. This does not grant the Client a license to sell, rent, copy, share or otherwise transmit or disseminate the services, with anyone else for commercial or non-commercial use, unless otherwise specified. The services may not be reproduced, republished, uploaded, posted, derivative works created from, transmitted, distributed, or publicly displayed in any manner without written permission from the Coach.
Any violation by the Client of the license provisions contained herein may result in immediate termination of the Client’s license to use the services, and access to use will be revoked. Violating this license may result in charges to the Client from the Coach for the license sold, shared, or otherwise transmitted. The Coach reserves the right, title, and interest not expressly granted under this license to the fullest extent permitted under applicable laws.
The Client acknowledges that the intellectual property contained in the services is the property of the Coach and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The services may contain trademarks, service marks, trade secrets, graphics, and logos that are the property of the Coach. Your purchase does not grant you a license to use such.
11. CONFIDENTIALITY
The Parties acknowledge that confidential information may be disclosed by either party due to the nature of their relationship under this Agreement. “Confidential information” shall include information relating to the Coach’s services, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing strategies, data, all other non-public information, and know-how or other intellectual property that may be communicated in any manner to the Client. All confidential information disclosed to the Client shall remain the property of the Coach without prior written consent.
The Client may only use Confidential Information to market their own business, but may not sell, rent or share the Confidential Information as their business. The Client shall not disassemble, duplicate or reverse engineer any of the Confidential Information.
The Coach may use Client testimonials and case studies on website, social media posts, and email marketing.
Unauthorized disclosure or use of Confidential Information by the Client in violation of this Agreement is a breach of this Agreement, which may result in irreparable harm to the Coach and may be subject to legal action to (1) prevent any further breach of the Agreement, and (2) any other remedies available in law or equity.
The Parties acknowledge that confidential information may be disclosed by the Client due to the nature of their relationship under this Agreement. “Confidential information” shall include any personal information shared by the Client during group sessions, including but not limited to past trauma or experiences, mindset blocks, limiting beliefs, emotions, thoughts and feelings shared by the Client, and any other non-public information that is meant to be kept in confidence.
12. PROHIBITED USE
The Client acknowledges that the services are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Coach reserves the right to terminate the Client’s access to the services without notice if the use has not been in accordance with the terms of this Agreement.
13. INDEMNIFICATION
The Client acknowledges and agrees to indemnify and hold the Coach harmless, including costs and attorneys’ fees, from any third-party claim, demand, liability, or damages made against the Client arising out of the Client’s use of the services, breach of this Agreement, negligence or misconduct. The Coach shall provide the Client with written notice of any claim. This clause contains the entire indemnification agreement with respect to the parties.
14. SEVERABILITY
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.
15. WAIVER
The Client acknowledges and agrees that the failure of the Coach to enforce any provision of this Agreement shall not be deemed a waiver of the Coach’s rights under this Agreement to subsequently enforce any provision of this Agreement.
16. NON-DISPARAGEMENT
The Client agrees to refrain from making any disparaging statements about the Coach or the services that negatively affect the Coach’s business, services, products, or reputation.
17. GOVERNING LAW
The Parties agree and acknowledge that this Agreement is governed by and interpreted under the laws of California. Any dispute arising out of or in connection with this Agreement will be brought exclusively in any state or federal court located in Contra Costa County, California. Both parties agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.
18. ATTORNEY'S FEES
Any legal fees incurred due to the enforcement of this Agreement by the Coach, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from the Client. This includes collection fees and costs incurred by the Coach in collecting payment of any amount due under this Agreement.
19. ASSIGNMENT
This agreement is between the Client and the Coach only and not any other person or business entity. This agreement may not be assigned or transferred to any other person or entity without the express written consent of the Coach.
19. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in the performance of any obligations under this Agreement, except for the payment of money, if the failure or delay in performance is due to causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, terrorism, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, or other similar or different occurrences beyond the reasonable control of the defaulting or delaying party, for as long as the force majeure event is in effect. Reasonable efforts shall be made to notify the other party of such occurrence within 5 business days of its occurrence. Force majeure events shall not include a party’s financial inability to perform its obligations under this Agreement.
20. TERMINATION
This Agreement may be terminated under any or all of the circumstances listed above. If access to the services is revoked by the Coach due to a breach of one or more of the provisions contained in this agreement, the Coach may terminate this agreement immediately and will provide written notice to the Client. Upon termination of this Agreement, the Client shall pay for any services rendered prior to the effective date of termination.
21. HEADINGS
The headings used in this agreement are for convenience and reference purposes only and shall not be used to define or limit the scope or intent of this agreement.
22. ENTIRE AGREEMENT
The Client acknowledges and agrees that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.