These Terms of Service are effective as of June 1, 2020.
The terms and conditions set forth below apply to all consulting and coaching services provided by Jennifer Taormina, acting for and on behalf of Dear Jenny LLC (“Company”) to individuals and organizations. In these terms (“the Terms”), “we”/“us”/“our”/”owner”/”Coach” means Jennifer Taormina, and “you”/“your”/“yours” means you, the Client.
Purchasing any Services from us constitutes acceptance of the Terms. The Terms shall not be varied in any way whatsoever unless agreed in advance in writing between the parties. The term “Coaching”; as here used covers personal coaching and business coaching. The term “Consulting”, as used here, covers business coaching and coaching.
The purpose of this Agreement is to set forth the details of the Parties relationship so that each is clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.
(i) “Fee” means the sum payable by you to us for the Services.
(ii) “Services” means such coaching or consulting services (including but not limited to individual one-to-one sessions over Zoom or telephone, and coaching programs made of numerous sessions).
(iii) ”Session” means a coaching session lasting 50 minutes in length.
(iv) “Program” means a coaching package consisting of several Sessions as outlined in Attachment A.
(i) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render Services by means of Coaching, and/or Consulting (the “Session” and “Program”).
(ii) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.
(iii) The Services to be provided by the Coach to the Client are coaching or tele-coaching, as designed jointly with the Client. Coaching, which is not advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client’s life or profession.
(iv) The scope of Services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Session and Program.
(v) Company reserves the right to substitute Services equal to or comparable to the Session and Program for Client if reasonably required by the prevailing circumstances.
(i) We agree to supply the Services to you and you agree to pay the Fee for the same subject to these Terms.
(ii) The exact date and time of our supply of the Services agreed when you book one of the session slots in the Acquity online scheduling platform, or both parties confirm a date and time via email.
(iii) The amount of the Fee shall be agreed in advance between the parties when you select one of the Services. By selecting a specific Service, you are agreeing to pay the Fee in full at booking.
(iv) No variation to these Terms shall be binding unless agreed in writing and signed by both parties.
4. SESSION AND PROGRAM RULES
(i) Each appointment at which the Services are provided (the “Session”) will last for the time specified in the Service you booked and will take place over Zoom or telephone.
(ii) Client agrees to cancel or reschedule a Session more than 24 hours prior to scheduled Session. If Client does not reschedule prior to this time, that Session will be forfeited and NOT ELIGIBLE for a refund whatsoever.
(iii) Clients who purchase the Program are required to submit their pre-call notes and questionnaire no later than 24 hours before each Session.
(iv) To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.
(v) Client agrees to abide by any Session and Program rules and/or regulations presented by Company.
(vi) The failure to abide by Session and Program rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.
(vii) In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
Coach will employ a range of methodologies, including coaching, consulting, and mentorship. Client agrees to be open minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the Sessions or Program.
(i) Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, Attachment A, scheduling or booking platform, electronic invoice or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(ii) Client agrees to pay to Company full amount of the Fee at time of booking a Session and as set forth in Attachment A
(iii) Company shall charge Client a 5% (five percent) late fee on all outstanding Session and/or Program balances not paid by the date or dates as agreed between the Parties.
7. REFUND POLICY
(i) There is a 24-hour cancellation policy for all Sessions. Sessions canceled within 24 hours of appointment are NOT ELIGIBLE for a refund whatsoever.
(ii) If Client cancels attendance at, or participation in, the Program for any reason whatsoever, Client WILL NOT be entitled to receive a refund.
(iii) So that Client is fully invested in the Program, no refunds will be issued.
(iv) There are NO REFUNDS after Client has received a Service whatsoever. This includes but is not limited to all Sessions and Programs.
(v) If Company is unable to render a portion of the Session or Program as agreed and no suitable rescheduling is able to be arranged then a refund for that portion only of the Session or Program will be made to Client.
8. CHARGEBACKS AND PAYMENT SECURITY
(i) To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
(ii) If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
(iii) Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
9. RECORDING OF CALLS
(i) Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement.
10. NO TRANSFER OF INTELLECTUAL PROPERTY
(i) Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license.
(ii) Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes.
(iii) Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received finished or unfinished from Company electronically or otherwise without the prior written consent of the Company.
(iv) All intellectual property, including Company’s copyrighted materials, shall remain the sole property of the Company.
(v) No license to sell or distribute Company’s materials is granted or implied by the enrollment or by the payment of any fees.
(vi) For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.
11. INDEPENDENT CONTRACTOR STATUS
We are engaged as an independent contractor. Nothing herein will be deemed or construed to create an employer-employee, joint venture, partnership, or agency relationship between us and you for any purpose whatsoever.
12. DISCLAIMER OF WARRANTIES
The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.
13. LIMITATION OF LIABILITY
(i) By booking a Session and/or enrolling in the Program and using Company’s Services, Client releases Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns from any and all damages that may result from the provision of the Services to the Client.
(ii) Services are a Coaching service only.
(iii) Client agrees that he/she accepts any and all risks, foreseeable or unforeseeable, arising from such Services.
(iv) In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability.
(vi) All claims against Company must be logged within 30 calendar days of the date of the cause of action arising or otherwise the right of action is forfeited.
(vii) Client agrees that Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns shall never be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; punitive, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s Services or booking a Session or enrollment in the Program.
(viii) Client agrees that he/she uses Company’s Services at Client’s own risk.
14. DISCLAIMER OF GUARANTEE
(i) By participating in coaching services, mentorship, and/or consulting, Client acknowledges that Jennifer Taormina acting on behalf of Dear Jenny LLC is not a psychologist, therapist, attorney, or financial advisor, and services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
(ii) The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
(iii) The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
(iv) Client accepts, acknowledges and agrees that she/he is entirely and solely 100 percent responsible for her/his progress, decisions and results of his/her actions from using, participating, and enrolling in the Services.
(v) Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the Services under this Agreement.
(vi) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
(vii) Company disclaims, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.
(viii) Company makes no guarantee or warranty that the Services will meet Client’s requirements or that all clients will achieve the same or similar results.
(ix) Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, sales, or potential profitability or loss of any kind that may be derived as a result of the use of Coach’s website, programs, products, or services.
15. NO SUBSTITUTE OF MEDICAL TREATMENT
(i) Client agrees to be mindful of his/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
(ii) Company does not provide and does not hold itself out as providing, medical, therapy, or psychotherapy services.
(iii) Company is not responsible for any decisions made by Client as a result of the Services and any consequences thereof.
(i) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.
(ii) Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussions with Client, the Session with Company, or otherwise, without the written consent of Client.
(iii) Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
(iv) Client acknowledges that Coach may share Confidential Information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement.
(v) Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.
(vi) Client Confidential Information shall not include material created by Client on internet social media (including, but not limited to, Facebook, Pinterest, LinkedIn, Twitter and Instagram). Where such material on social media mentions Company, Services provided by Company, then Client agrees that Company may use such material for marketing and similar purposes without express permission of Client (other than by the terms of this Agreement) and that Client will have no claim of any kind against Company for use of the material.
(vii) The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
(i) Client agrees that she/he will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns its products or services.
(ii)The Company agrees that it will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of Client.
(iii)The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth hereinbelow.
(iv) The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
(v) Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
18. DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Austin, Texas or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
(i) Client shall defend, indemnify, and hold harmless Company, the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns.
(ii) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.
(ii) Client recognizes and agrees that all of the Company’s the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns shall never be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
21. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, regardless of the conflict of laws principles thereof.
22. GOOD FAITH
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.
24. OTHER TERMS
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Service. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within 30 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service and your use of the Site and Services are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.
90-Minute Intensive Clarity Call:
Single (1) 90-minute Coaching Session: $425
3-Month Coaching Program: $5950