Purchase Terms & Conditions (read completely before purchasing)
This agreement is made effective on date of purchase between ("Client") and Serena Kang (the "Owner")
1. DESCRIPTION OF COACHING:
- Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal potential. It is designed to facilitate the creation/development of personal goals and to develop and carry out a strategy/plan for achieving those goals.
- Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- As a client, I understand and agree that I am fully responsible for my physical, mental and emotional well-being during my coaching calls, including my choices and decisions.
- Client acknowledges that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, or other qualified professionals. I will seek independent professional guidance for legal, medical, financial, business, or other matters. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my sole responsibility.
- Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
- The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
3. PARTIES AND CONTRACT INFORMATION
This CONTRACT FOR SERVICES (this “Agreement”) is entered into on the date first set forth above between Serena Kang (the “Company”) and (“Client”).
4. COMPANY'S SERVICES
The client has purchased: Secure in Our Savior Mastermind (6 months), for the purpose of personal coaching through the Company’s provision of recorded lessons (the “Services”) by Serena Kang (the “Coach”).
TERM: The Services begin on the day of the purchase.
Client agrees to pay the company:
Total Payment Amount: 1 USD Payment of $4,997 USD.
Method: Kajabi Automatic Payments
5. REFUND POLICY:
There are no refunds associated with this offer, all sales are final. In the case where the Client is unable to continue with monthly payments, the Client will need to contact the payment system selected (klarna/afterpay) to resolve the issue.
6. CONFIDENTIALITY:
- This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
- Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
7. CANCELLATION/RESCHEDULE POLICY
If engaging in 1:1 calls, Client agrees that it is their responsibility to 1) notify the Coach 24 hours in advance of the scheduled meeting time if they need to reschedule and 2) make up the session within a week of the originally scheduled date. Sessions not rescheduled 24 hrs in advance will not be eligible for make-ups or refunds.
8. WITHDRAWAL CLAUSE
In the event the Client wants to nullify the agreement, Client agrees to pay two months worth of services as a buyout to withdraw. Serena Kang is not responsible for services at this point. The Buyout is a condition to cancel remaining obligation.
9. INTELLECTUAL PROPERTY:
The Company reserves all ownership rights to the Materials. Other than for her individual use, the Client agrees to not share, copy, distribute, disseminate, or sell the Materials for either commercial or non-commercial purposes. Each party understands and agrees that its breach or threatened breach of confidentiality or intellectual property rights will cause irreparable injury to the other party and that money damages will not provide an adequate remedy for such a breach or threatened breach, and both parties hereby agree that, in the event of such a breach or threatened breach, the non-breaching party will also be entitled, without the requirement of posting a bond or other security, to seek equitable relief, including injunctive relief and specific performance. The parties’ rights under this Agreement are cumulative, and a party’s exercise of one right shall not waive the party’s right to assert any other legal remedy.
10. 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.
11. ASSIGNMENT:
This Agreement shall bind both the Company and Client and their respective heirs, legal representatives, successors, and assigns. The client may not assign its rights under this Agreement without express written consent from Company.
12. DISCLAIMER:
NO GUARANTEES: Results of the Services may vary. The Company makes no guarantees regarding Coach or the Services. The Coach is not an attorney, doctor, public relations or business manager, financial analyst, psychotherapist, tax advisor, or accountant, nor does the Coach hold any license in order to provide the Services to the Client. Client agrees that any statements made by the Company or Coach, whether orally or in writing, including other client testimonials, or expected personal outcomes for Client, are speculative projections and are not binding on the Company. The client is aware of the inherent risk of personal or financial losses associated with the activities related to the Services and understands that any losses incurred by Client following the Effective Dates are the responsibility of Client alone.
13. WARRANTIES:
Both the Company and Client warrant that they have full authority to enter into this Agreement. 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.
14. WHOLE AGREEMENT:
This Agreement constitutes the entire agreement between Client and the Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements
15. MODIFICATION; WAIVER:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by both 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.
16. SEVERABILITY:
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.
17. LIMITED LIABILITY:
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
18. DISPUTE RESOLUTION; COSTS AND FEES; APPLICABLE LAW/VENUE:
Any dispute arising under this Agreement will be resolved in Silicon Valley, in the State of California, USA by a mediator or arbitrator to be agreed upon by all parties or through an online mediation service that is agreed upon by all parties. The parties agree that their good faith participation in mediation or arbitration is a condition precedent to pursuing any other available legal remedies. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties agree that the venue for any court proceedings arising out of this Agreement shall be in the State of California. The successful party to any dispute resolution arising under this Agreement will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled. By executing the below, Client and the Company enter into this Contract for Services as of the date first set forth above.