Terms and Conditions
This Terms and Conditions Agreement (“Agreement”) is entered into and effective as of the date of sale by and between you ("Client”) and Emma Basu, Life Coaching ("Company”). In consideration of Client retaining Company for any and all services or courses, it is agreed as follows:
1. Scope of Services
Client hereby retains Company to provide coaching, oracle card readings, online courses, group programs, or membership programs (“Services”). The Services shall be delivered via Zoom, phone, Kajabi, Circle, or email.
Individual services, including coaching, shall include an indefinite number of coaching calls as well as instructions for at-home exercises provided verbally and via email. Oracle card readings shall include a PDF document emailed to Client.
Online courses shall be provided on Kajabi and include lessons that can be accessed in the online portal.
Group and membership programs shall be provided in Kajabi, Circle, or via Zoom calls.
Client agrees to provide a minimum of 24 hours notice of cancellation for all scheduled sessions; however, all scheduled sessions can be rescheduled as needed.
(a) Compensation: In consideration for the Services provided by Company to Client, Coaching Clients agree to pay Company a fee of $125 per 75-minute session. The Fee shall be payable as follows: Full payment made by prior to session.
All payments shall be made via Kajabi. Company’s obligation to render services hereunder is conditioned upon Client’s payment of said fee on a timely basis.
(b) Tools to be Provided by Client: Client agrees to provide all tools, information and documentation that may be required by Company to effectively perform said responsibilities in connection with the performance of services.
(c) Additional Client Duties: Client’s active participation in the creative coaching process is vital to the success of the process. Client is expected to complete any assignments to the best of Client’s abilities and to provide 24-hour notice when assignments cannot be completed. Client agrees to communicate honestly and respectfully throughout the coaching process.
The term of this agreement shall begin as of the date of sale and continue indefinitely, as long as the Client retains Company for any services. There is no termination date for when scheduled sessions need to be completed.
Client may terminate this agreement and discontinue use of the services at any time by providing notice in writing. Company may cancel this Agreement at any time for any reason by providing written notice to Client. In the event that the Agreement is cancelled by either the Client or the Company, Company will provide a prorated refund of the fees collected for which services have not been rendered minus any approved, unpaid expenses incurred on Client’s behalf. If a package of coaching sessions is purchased in advance, the rate of refund is $125 per 75-minute session where services are not rendered to the client.
(a) During the term of this agreement the company will take reasonable steps to maintain the confidentiality of your information. However, there is an inherent risk in all forms of electronic communication, and communications between you and Company may be unlawfully intercepted by third parties not under our control. Company does not guarantee the security of any information transmitted via the Internet, telephone, or text message. Any efforts you undertake to communicate with Company are done at your own risk. Client may authorize Company to disclose Client’s information to a third party by doing so in writing reflecting the Client’s signature.
(b) Any and all Client information and data of a confidential nature (hereinafter referred to as “Client Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent. Client Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client Confidential Information. Upon request, Company hereto will promptly return or destroy all documents containing Client Confidential Information and delete all electronic records of or containing the same. Notwithstanding the foregoing, Company may disclose certain information provided by you during the term of this Agreement, or gleaned from your use of the Service, when necessary to prevent foreseeable imminent harm to you or another person or as otherwise required by law.
7. No Guarantees
Company cannot guarantee the outcome of the Services and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Client in accordance with the terms of this agreement. Client acknowledges that Company cannot guarantee any results for the Services as such outcomes are based on subjective factors that cannot be controlled by Company. Client understands that a Company is not a licensed medical or mental health professional, and services are not a substitute for medical treatment or advice. Company or Emma Basu cannot diagnose illnesses nor prescribe medication.
8. Ownership of Intellectual Property Rights
All material and information provided by the Company as part of the Service is proprietary and comprises intellectual property owned solely by Company. Company maintains exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Company (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Client does not have permission to use, reproduce, distribute or create derivative works based on the Work.
9. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
10. Entire Agreement; Modification; Waiver
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
11. Neutral Construction
This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by him or her; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement, except to a wholly owned subsidiary corporation of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under this Agreement.
14. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
15. Limitation of Liability
(a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 15 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPH 6.
16. Jurisdiction of Disputes; Mediation
Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort or other legal theory, shall be heard and determined by a judge of the State of California, County of Santa Clara. The parties acknowledge that disputes brought before the Court may be referred to mediation prior to trial. Both parties agree to participate in mediation proceedings if recommended by the court.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
18. Governing Law; Venue
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Washington. The exclusive venue for any action, arbitration or other proceeding based on or arising out of this Agreement shall be King County.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year of the purchase.
If you have any questions, concerns or complaints about these Terms and Conditions, please contact us:
- By email: [email protected]
- By visiting this page on our website: wildauthenticity.com