Congratulations! We at KAV, LLC are so excited to begin working with you, but first, we want to make sure everyone is on the same page.
This document serves as our Agreement. Please read it carefully. If something does not align with your goals for our work together, please contact me so we may discuss how to move forward.
In this Agreement, KAV, LLC dba Kick Ass Vibes as “COMPANY,” along with its employees, principals, and agents are referred to as “Company.” You, the signatory, are referred to as “Client.” The COMPANY operates the website found at the address: www.empoweryourstory.com (the “Site”).
1. Company Services:
The Client has purchased the program Empowered Moms Clearing the Clutter, a 6 week course. Company will maintain an open line of communication with Client from Monday through Friday between the hours of 8:00 AM and 4:00 PM CST. While a response time of 2-4 hours is typical, certain situations may warrant a twenty-four (24) hour response time. All Client communications may be sent via email to firstname.lastname@example.org.
The availability of services will begin on the next Monday after receipt of signed agreement and payment. You will receive an invoice with two options for payment.
Client agrees to participate in the following way.
By signing up/enrolling in a Program, Product or Service you acknowledge and agree KAV, LLC dba Kick Ass Vibes “COMPANY” is not responsible for your results. Your results may be dependent on your understanding of the material and your efforts to apply it. Further, additional elements outside the control of Company may affect your success in achieving your goals.
Reading, actively participating in worksheets, homework or other material provided and attending the coaching sessions if included are various components of this program. Being open to receiving new ideas and taking inspired action on what we discuss in our session is an additional and equally valuable component to your desired success.
All sales are final. Refunds will not be provided except in exceptional circumstances, to be determined exclusively in the discretion of Company. For program purchases in excess of $1,000, Company may — but is not required to — offer a payment plan to correspond with the delivery of services.
3. Late Payments:
Client will not be entitled to access Program services until payment for such Program is made. In the event payment appears to have cleared but is subsequently reversed (e.g., due to bounced check or reversed transaction), a $25 rejection fee will be charged. Additionally, interest of 1% of the outstanding amount due will accrue on balances owed from the initial due date.
● One (1) Weekly 45-60 minute coaching session provided via Zoom between the COMPANY and Client for a total of 6 Zoom call weekly sessions. All sessions to be conducted within the Term dates stated in this agreement.
● Calls to begin on the first week after signed contract and receipt of payment and end a maximum of 45 days later. A Calendar of times available will be provided upon receipt of signed agreement and payment. Please book all seasons immediately to ensure availability.
5. Terms of Rescheduling, Late Arrival, No Show and Cancellation Policy:
Weekly Zoom coaching sessions
● Rescheduling: Client can reschedule a weekly session up to 12 hours prior to the originally scheduled call (24 hour advance notice preferred). A maximum of 2 reschedules allowed within the contract dates listed under terms. No additional sessions allowed outside those dates, and no refunds will be given for Client’s failure to utilize the allotted Zoom coaching sessions within the term of this Agreement.
● Late arrival: If Client shows up between 1 to 15 minutes late for the calendar schedule appointment, there will be no rescheduling of session. Session will continue for the remaining scheduled time frame. If Client fails to arrive for the appointment within 15 minutes of the scheduled start time, COMPANY will disconnect the zoom call and consider the incident a No-show.
● Cancellation: If the scheduled time does not work for Client, Client must cancel and reschedule at least 12 hours prior to the scheduled time. Cancelling without rescheduling will forfeit the allotted call.
● No-show: If Client does not timely reschedule a call (12 hours in advance of scheduled zoom call), and does not show up at the scheduled time, Client will forfeit the service that was to be provided at that time and will not receive a refund for missing the appointment. Client will be unable to reschedule.
Any information discussed between the Parties or any information either party comes to know through Company and Client’s working relationship shall be considered and treated as Confidential Information. Confidential Information does not include information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Company.
Both Parties agree not to disclose Confidential Information unless permitted in writing by the non-disclosing Party.
7. Intellectual Property:
Company reserves all ownership and intellectual property rights to all Product Materials including but not limited to documents, images, audio and video, provided to Client. Company provides Client with a single-user license authorizing Client to use the materials for Client’s individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
8. Mutual Non-Disparagement:
Both Parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party’s business, services, products, or reputation. In addition, Company agrees to refrain from making any statements, whether oral or in writing, that negatively impact Client.
This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
10. No Guaranty; Disclaimer:
NO GUARANTEES: Company makes no guarantees about the results Client may obtain from working with Company. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which are not to be relied upon to predict results in Client’s specific situation. The results Client experiences may be dependent on many factors including but not limited to factors outside the control of Company.
NO PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE: At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended or represented to be medical services. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.
NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.
EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. Company may provide real-life examples and/or hypothetical examples or possible outcomes, which are in no way guarantees of what will occur in Client’s specific situation. Financial outcomes depend on many factors including but not limited to Clients level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate. Client agrees that Company is not responsible for Client’s success, or lack thereof. Client’s reliance on any information provided by Company is done so at Client’s own risk.
Both Company and Client warrant that they have full authority to enter into this Agreement. Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards, and the relevant industry is that of Life Coach. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
12. Entire Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations. Client agrees that it is not relying on any oral representations of Company or Company’s agents in entering this Agreement.
13. Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. In order to make the waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
15. Limited Liability:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED ON TORT, CONTRACT OR ANY OTHER THEORY OF LIBILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered:
To Company, via email to Nikki@empoweryourstory.com
To Client, via email
17. Dispute Resolution; Costs and Fees; Applicable law/Venue:
Any disputes arising under this Agreement not resolved to the Client’s satisfaction internally will be submitted to an agreed mediator prior to the pursuit of any alternative legal or equitable remedies. For purposes of this section, only an online mediation service or a local Mississippi mediator will be agreed to by Company. The parties agree to pursue mediation in good faith prior to pursuing any other available legal or equitable remedies. Any costs of mediation shall be split evenly between the Parties.
18. Choice of Law and Choice of Forum:
The Parties agree that this Agreement shall be governed by and construed in accordance with the internal laws of Mississippi. The Parties further agree that the only proper venues for disputes arising out of this agreement are the state and federal courts located in Hattiesburg, MS.
19. Attorney Fees; Unwarranted Litigation:
If Client initiates litigation prior to following the Dispute Resolution provision contained herein, Client will be liable for Company’s attorney fees in defending the litigation. If Client’s pursuit of litigation against Company is determined to be unwarranted — considering the terms of this Agreement, the good faith or lack thereof in a mediated resolution, and the ultimate outcome of the litigation – Client will be liable for Company’s attorney fees in defending the litigation.
KAV, LLC dba Kick Ass Vibes
Nikki Tapscott – Life Coach
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