Terms and Conditions
EXPERIENCE PEACE OF MIND NOW PROGRAM
Guide and Client hereby voluntarily and willingly agree as follows:
For good and valuable consideration of Seven Hundred Fifty dollars ($750.00) if choosing the single payment option or Eight Hundred and Twenty Five Dollars ($825.00) if choosing the 3-payment option , Client has agreed to purchase the Experience Peace of Mind Now Program (hereinafter “Program”). In exchange, Guide agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Guide will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.
- Program Details The Experience Peace of Mind Now Program is a five-session program designed to facilitate heart-centered end of life planning by creating a roadmap for the Client and their support team to follow. Guide will provide the services outlined in detail in the attached Program Outline Addendum. Client confirms she/he has read the Program Outline Addendum, asked Guide any and all necessary questions, and conducted any research necessary to feel she/he understands what is (and isn’t) being provided in Program.
- Confidentiality This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Guide 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 Guide, plans or outlines for future programs or packages, information contained in documents or any other original work created by Guide, and any and all other intellectual property (discussed below.) Client and Guide agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Guide shall survive the expiration of this Agreement and Guide’s services. This means Client and Guide both agree to continue to keep Confidential Information private, even after the completion of working with Guide. Should Client breach this provision and disclose confidential or proprietary information belonging to Guide or another participating in the Program, Client understands additional action may be taken by Guide up to and including legal action.
- Intellectual Property Rights Client agrees and understands that Guide has created numerous original, creative works in connection with the Program, and agrees that Guide maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, Facebook ad strategies, guides, and any other original work created by Guide. Client agrees she/he may be granted a limited right to use selected materials in the course of her or his own business, but understands that the rights remain with Guide. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Guide to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program. Client agrees and understands she/he 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 Guide or obtained through working with Guide, without Guide’s express written consent. If such behavior is discovered or suspected, Guide reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee Rights: Guide’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 her/him by Guide as she sees fit. Client understands this means she/he 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 Guide. As a “Licensee,” Client understands and agrees that Client will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Guide;
- Post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Guide, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Share purchased materials, information, content with others who have not purchased them. 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.
4. Payment Client agrees to render payment via credit card or Paypal and understands that the full purchase amount is due and payable upfront unless Client chooses the payment plan. Client agrees that absent an agreement regarding a payment plan with Guide, she/he must complete payment in full before becoming entitled to any products or services included within Program.
5. Payment Plan:
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- If Guide HAS offered Client a payment plan, all information regarding payment schedule is outlined in the attached Payment Plan Addendum. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited until payment is made; and (2) Client will owe a five percent (5%) late fee. A payment is to be considered late if not paid within fifteen (15) days of the date it is due. Accounts that have not been paid after 30 days will be turned over to collections, and the balance of Client’s account will be come due and payable. If Client’s account is turned over to collections, Client understands and agrees she/he is responsible for any and all fees accrued, in addition to the original account outstanding balance.
- Guide reserves the right to cancel or cease working with Client should she/he fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, Client understands she/he is not entitled to a refund of funds already issued to Guide in exchange for work completed thus far, and it is up to the sole discretion of Guide whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
- Refund Policy
- Guide is not able to offer refunds once Client has purchased the Program. Client understands this provision, and agrees that she/he is not entitled to a refund once payment has been issued to Guide.
- Client further agrees and understands that changing her/his mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results she/he expected or desired, or experiencing any other similar situations does not entitle her/him to a refund.
- Indemnification
- Client agrees at all times to defend, fully indemnify and hold Guide and any affiliates, agents, team members or other party associated with Guide harmless from any causes of action, 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 her/his actions as a direct or indirect result of Client’s participation in Program. Should Guide 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 Guide’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Guide, free of charge.
- Legal and Medical Disclaimer You also understand and acknowledge that I am not a doctor, lawyer, therapist, psychic, accountant, nurse, counselor or any other medical professional, nor do I hold myself out to be. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional. You understand and agree that the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.
- Voluntary Participation Client understands and agrees that she/he is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Guide believes in her services and that Program is able to help many people, Client acknowledges and agree that EOL Resources is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that she/he is fully responsible for her/his health and well-being, including participation in Program and any results therein.
- Disclaimer
- Client agrees and understands that Guide cannot guarantee any specific results, outcomes, or changes to Client’s current situation, and will hold Guide harmless if she or he does not experience the desired results. Client is entering into this agreement voluntarily and of her or his own free will, and readily understands that she or he may or may not experience results desired, or achieved by other clients of Guide.
- Client understands that all services provided by Guide 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 Guide on a purely voluntary basis and does not hold Guide responsible should Client become dissatisfied with any portion of the Program.
- Client agrees that she/he does not have a cause of action, legal remedy, and is not entitled to a refund should she/he not achieve the results desired following completion of her or his work with Guide, as long as Guide delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Guide and Client.
- Dispute Resolution Should a dispute arise between Guide 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 she or he does not hold Guide responsible for any specific results, or those results which have been achieved by other clients of Guide.) If unable to reach a resolution informally, Client and Guide agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Bainbridge Island, Washington within a reasonable amount of time. Client and Guide 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.
- Applicable Law This Agreement shall be governed by and under control of the laws of Washington regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Washington are to be applicable here.
- Amendments This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Guide, or a party authorized to sign on behalf of either party.
Client and Guide agree this Agreement constitutes the entire agreement between Guide and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Guide or Guide’s team, and is in full agreement with the terms outlined herein.
Addendums: Program Outline; Payment Plan
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees she/he is purchasing the Experience Peace of Mind Now Program. Once the Program is purchased and all Agreements are signed, the Program is to continue for a minimum period of 4 months, and all sessions must be completed within 1 calendar year. During this time, Guide will provide the following products and/or services:
- Five 1-1 private calls, 1 hour each on Zoom, to be scheduled approximately every 2 weeks at a mutually acceptable time
- Peace of Mind Planner (binder) and digital spreadsheet
- Comprehensive Checklist covering the Heart, Soul, and Mind of End of Life Planning
- Guides, tools, documents, etc. as required
- Coaching related to overcoming roadblocks, handling conversations, family dynamics, spirituality, etc.
- Email support between sessions
- Private Calls: Client understands she/he is entitled to 5 (five) one-hour private calls with Guide on a bi-weekly basis as part of the Program. Client understands she/he is to schedule each call with Guide via Calendly.
- Should Guide need to reschedule call, Guide 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, she/he agrees to cancel or reschedule at least 24 hours before the scheduled sessions. If cancelation is made within 24 hours of the scheduled call, Guide 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 she/he will not able to make the call, Client understands Guide is entitled to cancel the call without rescheduling, and may cause Client to forfeit the call.
PAYMENT PLAN ADDENDUM
- Cost of Program
Client agrees and understands that the cost of Program, when paid in installments, is $825.00, payable in 3 monthly increments of $270.00. Client understands she/he has been provided with the option to either pay an upfront, one-time cost of $750.00, or monthly installments of $275.00 for a total investment of $825.00 and agrees that she/he is electing to pay in installments.
- Method of Payment
Client agrees to render payment via credit card or Paypal and understands she/he will be charged in the amounts outlined above, on the corresponding due dates of each installment payment. Should the appropriate method of payment change at any point during the above outlined schedule, Client agrees she/he will promptly notify Guide and/or Guide’s Team to ensure payments are not missed.
- Missed / Failed Payments
Should Client fall behind in payments, or if additional payments are not able to be processed, Client understands: (1) Client will have a three (3) day grace period to make the required installment payment upon receipt of invoice; (2) Client will owe a late fee of $25.00 should Client fail to make the required payment after the 3-day grace period has expired; (3) the reminder of the Program may be forfeited if payment is not made thereafter.
Guide reserves the right to cancel or stop working with Client should she/he become unable to make the additional payments in accordance with the Payment Schedule outlined above. Should this occur, Client understands she/he is not entitled to a refund of funds already issues to Guide in exchange for work completed thus far, and it is up to the sole discretion of Guide whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.