Terms of Use: 1:1 COACHING: 1-SCENE FEEDBACK
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the 1:1 COACHING: 1-SCENE EDIT outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Alaudae Creative LLC, a Florida Limited Liability Company, (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of forty-seven dollars ($47), Client has agreed to purchase 1:1 COACHING: 1-Scene Feedback (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Outline below. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with his/her training.
1. Program Outline:
A. Client agrees and understands that he/she is purchasing 1:1 COACHING: 1-SCENE EDIT by Coach. As outlined on the sales page, PROGRAM includes the following:
1. Coach will read and evaluate Client’s scene (up to 2,500 words).
2. One recorded 30-minute 1:1 coaching call, conducted via Zoom, to verbally share and discuss feedback.
· Client understands he/she is entitled to one 30-minute private call with Coach as part of the Program. Client understands he/she is to schedule the call at the time of purchase.
· Should Coach need to reschedule call, Coach will do everything possible to provide Client with as much notice as possible, and to reschedule to a mutually agreeable time. If Client is unable to attend the call, he/she agrees to cancel or reschedule at least 24 hours before the scheduled sessions. If cancellation is made within 24 hours of the scheduled call, Coach will take reasonable measures to reschedule call for Client. If Client is a “no show” for the call and does not provide any advance notice that he/she will not able to make the call, Client understands Coach is entitled to cancel the call without rescheduling, and may cause Client to forfeit the call.
3. This program does not include written feedback. Client may choose to add written feedback to the program for an additional fee ($87) when purchasing the program.
B. Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Coach is under no obligation to provide anything other than what is listed above.
C. By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed below. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
2. Confidentiality
A. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach.
B. Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep Confidential Information private, even after the completion of working with Coach.
3. Copyright and Work-for-Hire
A. Any and all contributions made by Coach to Client's written work shall be deemed a “work-made-for-hire” within the meaning of the United States Copyright Act of 1976. Client shall hold copyright purposes as the author of the work and the Client shall be the owner of the copyright and other rights of every kind.
4. Testimonials
A. Coach may request Client provide a testimonial to be published on Coach’s website, or featured on Coach’s social media accounts. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
B. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website, social media, or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release if asked, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.
5. Payment and Payment Plan
A. Client understands the cost of the program is forty-seven U.S. dollars ($47) which is payable up front, in full. Client agrees to render payment via credit card on Coach’s sales and checkout page for Program. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third-party payment processor of Coach’s choosing, in full. Client must complete payment in full before becoming entitled to any products or services included within Program.
6. Refund Policy
A. Due to the subjective nature of the Program provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to offer refunds once Client has purchased the program. Please conduct any and all necessary research to determine if Program is right for you prior to purchasing. Once the purchase is made, Client will not be eligible to receive a refund.
7. Term; Termination
A. Following agreement to these Terms of Use and purchase of Program, Client is to have access to Program until services outlined in Program Outline are rendered by Coach. These Terms shall be in full force and effect for as long as Program is offered, and/or as long as Client continues to use and access Program, whichever is longer.
B. Coach may elect to terminate Client’s ability to access Program in the event of a breach of these Terms, failure to make required payments in accordance with an agreed upon payment plan, suspected illegal activity, including but not limited to infringement or any other form of distribution or copying of any portion of Program.
8. Voluntary Participation
A. Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in its services and that Program is able to help many people, Client acknowledges and agrees that Coach is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.
9. Disclaimer
A. Coach cannot guarantee results of Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results.
B. Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.
C. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
D. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
E. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.
10. Intellectual Property
A. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
B. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
C. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
ii. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
iii. Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own.
iv. Share purchased materials, information, content with others who have not purchased them.
v. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
11. Indemnification
A. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
12. Dispute Resolution
A. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
B. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Tampa, Florida within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
13. Applicable Law
A. This Agreement shall be governed by and under control of the laws of Florida regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Florida are to be applicable here.
14. Amendments
A. This agreement may be altered, amended, changed, extended, or otherwise updated based upon the changes in relevant laws, the course or program being purchased, or due to Coach’s choosing. Your continued use of the product or service will constitute agreement to this document in its most updated form.