Terms and Conditions
Please read carefully. By purchasing this program you (herein referred to as “Client”) agree to the following terms stated herein.
PROGRAM/SERVICE
The Life You Write (herein referred to as “Company”) agrees to provide The Life You Write Coaching (herein referred to as “Program”) identified in Services outlined on thelifeyouwrite.com. Coaching may include brainstorming essay topics and feedback on written drafts, including in-text line notes, comments, and editing, per the hours purchased in Client’s package during Client’s college application process. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
DISCLAIMER
Taylor Ross (herein referred to as “Coach” or “Consultant”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure acceptance for Client to any educational institution; (2) write essays or application materials for Client; procure or attempt to procure employment or business or sales for Client; (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, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’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 their relationship, a separate agreement will be entered into.
METHODS OF PAYMENT
Payment will be made by credit card or EFT in advance of any services rendered.
REQUEST FOR PREAUTHORIZED PAYMENT
Client hereby requests the privilege of paying Company and further authorizes Company to draw items (charge card) for the purpose of paying said payments, including any late fees or service fees.
Subject to the following conditions:
The transactions on Client’s credit card statement or EFT processing account will constitute receipts for payment.
The privilege of making payments under this arrangement may be revoked by Company if any item is not paid upon presentation.
A service fee will be assessed and drafted for any check, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any payment become 14 days past due.
DEFAULT POLICY
Should Client default on any payment obligation as called for in this Agreement, Company will have the right to declare the entire remaining balance due and payable and Client agrees to pay allowable interest, and all costs of collection, including but not limited to college agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than 14 days late. A service fee will be charged immediately for any credit card returned for insufficient funds or any other reason.
REFUND POLICY
Fees are 100% non-refundable.
RESCHEDULING POLICY
To reschedule a one-on-one session, Client must do so prior to 48 hours before the session begins. Each client receives one free rescheduling if the session is rescheduled prior to the 48-hour window before the meeting. To reschedule your session, simply visit the online calendar to find an opening. After one free rescheduling, if a session is rescheduled prior to 48 hours before the scheduled start of the coaching session, rescheduling is dependent upon Coach availability and Client will be charged a $200 fee.
CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program Participants (herein referred to as “Participants”) or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this program you agree that if you violate or display any likelihood of violating this policy the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT FEEDBACK
At its option, Client may provide feedback or suggestions about the Services to Company (“Feedback”). If Client provides Feedback, then Company and its Affiliates may use that Feedback without restriction and without obligation to Client.
CLIENT RESPONSIBILITY
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Company assumes no responsibility for errors or omissions that may appear in any program materials.
BEST PRACTICES
Coaching/Consulting calls may be automatically recorded by the Consultant. Client agrees to allow Consultant to record any and all calls with Client and members of the Client’s team. Client agrees written material completed during the Program may be used by Company at Company’s discretion.
SEVERABILITY/WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
TERMINATION
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this program, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of other participants in the Program or upon violation of the terms as determined by Company. All monies that have been collected at the time of termination are considered payment for services rendered. Unless expressly stated otherwise in this Agreement, termination or non renewal under any section of this Agreement will not oblige Company to refund any Fees.
Cancellations are requested with a 30-day notice; send cancellation requests to taylor@thelifeyouwrite.com.
INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever—including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys 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 product(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 any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of payment for the right to participate in Company’s Programs, the Client and Client’s heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from Client’s participation in the Program.
ARBITRATION DISCLAIMER
Client agrees that any dispute, controversy, or claim arising out of or relating in any way to this Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be that in which Company is located. In the event of a claim arising out of or relating in any way to this Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Client understands and agrees that Client and Company are waiving the right to a jury trial or trial before a judge in a public court.
ADMITTANCE DISCLAIMER
Every effort has been made to accurately represent this program and its potential. There is no guarantee that Client will earn admittance to any institution or program using the techniques and ideas provided by Coach or in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of admittance. Admittance potential is entirely dependent on the person using our product, ideas, and techniques. We do not position this program as a “guarantee to get into the college of your choice.” Your level of success in attaining the results claimed in our materials depends on the time you devote to the program and ideas and techniques mentioned, your existing application background, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or admittance rates. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of acceptance potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s; in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.
DUTY TO READ
I accept that under this agreement, I have a duty to read this Terms of Participation Policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.