Purchase Agreement & Refund Policy
Coaching/Consulting and Services Agreement (‘Agreement’)
By clicking "I Agree”, emailing your statement of agreement, entering your credit card information, making payment, or otherwise enrolling, electronically, verbally, or otherwise, in the coaching/consulting services (“Services”), course or program (“Program”), you ("Client") are entering into a legally binding agreement with Jenny Oby, LLC ("Company"), according to the following terms and conditions:
“Client” means the person or business, as relevant, engaging the Services;
“Coach” means Jenny Oby of Jenny Oby, LLC, 9393 N. 90th Street #102-157, Scottsdale, Arizona, USA 85258.
1 PURPOSE OF THIS AGREEMENT
1.1 The purpose of this document is to formalize agreement for the Services to be provide outlined in our Proposal on the terms set out in this Agreement (‘the Terms’).
1.2 The Client will be providing certain Confidential Information which is proprietary to the owner to enable the Coach to provide the Services, which the Coach agrees to keep confidential.
1.3 The Client agrees to make payment for the Services in accordance with the terms of this Agreement and the Proposal.
1.4 Any intellectual property which may be developed, written, designed, or provided during the performance of the Services will remain at all times with the Coach as proprietary property.
1.5 The terms of this Agreement outline and govern the parties arrangement for these Services as follows:
2.1 “Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business structures, methods, procedures, financial and personal information.
2.2 “Materials” means newsletters, reports, advertising, audio, promotional, literature, written documents, questionnaires, videos, specifications or other material which may be required to assist and enable the Services to be performed.
2.3 “Proposal” means the outline for coaching services provided to the Client prior to any Services being provided.
2.4 “Services” means the coaching services which may include health and stress maintenance, educational and training services, business start-up, marketing, growth strategy and other similar services provided and outlined in the Proposal.
3.1 The Client appoints the Coach for the Services as outlined in the Proposal. The Client accepts the Services and is bound by these Terms when the Client instructs the Coach to proceed, by making a payment, or by confirming acceptance via email or other written means.
3.2 The Coach agrees to provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements.
3.3 Any specific terms and requirements relating to the Services required by the Client will be agreed in writing and notified to the Coach in advance.
3.4 Services may be provided face-to-face, telephone or alternative means such as Skype, Zoom, Facebook video messaging, as agreed in the Proposal or otherwise in writing. The Client is responsible for ensuring they have the appropriate facilities available as agreed and nominated in the Proposal.
3.5 All sessions must be scheduled and agreed in advance by the Coach including any sessions which are rescheduled due to unavailability of either party. The Services are non-transferrable and apply only for and to the Client as agreed in this Agreement. At no time may they be transferred to any other third party, group or entity.
3.6 In the event that a Client is unable to attend or wishes to reschedule their appointment, a minimum of forty eight (48) hour notice is required to permit the Coach to offer this session time to another Client. Any sessions that are not notified to the Coach for cancellation or rescheduling prior to this forty eight (48) hour requirement may be forfeited and may not be rescheduled.
4 WARRANTIES AND REFUNDS
4.1 Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the United States Consumer Law. At no time are these statutory rights sought to be excluded.
4.2 The Coach represents and warrants:
(a) in providing the Services, they will comply with all law and industry standards;
(b) the work performed to provide the Services will be done to a high standard in accordance with best practice; and
(c) the scope of the Services will be limited to the description provided in this Agreement and the Proposal unless otherwise agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Coach, it would benefit the Client or be required to meet the terms of this Agreement.
4.3 The Client represents and warrants:
(a) they will provide all relevant information required for the Coach to carry out the Services in a timely manner;
(b) they hold the relevant and required current insurances to protect the Coach (where relevant) including against any third party claims.
4.4 The Client acknowledges and agrees that:
(a) results of the Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the Client and individual to meet their own requirements. The Coach cannot and does not guarantee any particular or any results and the Client is solely responsible for their progress. If any time during the Services the Client feels their progress is not as expected, it is the responsibility of the Client to advise the Coach immediately of any concerns in order to give the Coach an opportunity to address and assist. The Coach will use reasonable efforts to resolve the concerns; however, at no time does the Coach guarantee or warrant any increase or altered progress or performance;
(b) as the Coach has blocked out specific time periods to provide the Services to the Client, any cancellation or termination and refund of Services would be to the detriment of the Coach. For this reason, there are no refunds for change of mind or similar; and
(c) in addition, any delay or late attendance to any scheduled sessions by the Client will finish at the nominated and agreed original time in order to not disadvantage other Clients that may be scheduled after the Client session. All sessions must finish on time at the originally scheduled time unless otherwise agreed by the Client and Coach.
(d) upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance of the Service for any reason whatsoever, Client will receive no refunds. Exception is for 12-month “Focused Progress 1:1 Laser Coaching” program, in which Client may request a full refund within 24 hours of first coaching call (after this period, no refunds shall be issued).
5.1 Disputes: If at any time any aspect of the Services are not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify the Coach of any such reason, the specifics and will give a reasonable opportunity for the Coach to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to the Client to provide such feedback in order to give the Coach an opportunity to resolve any issue quickly and effectively.
5.2 Non-Disparagement: If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Client and the Coach. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
5.3 Arbitration: In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
6.1 The relationship under this Agreement is that of principal and independent contractor. This Agreement does not make either party a joint venturer, partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in this Agreement.
7 TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY
7.1 Term: This Agreement is for the period set out in the Proposal. All Services must be provided between the Commencement Date and the Final Date as set out and agreed in the Proposal. In the event not all Services have been provided before the Final Date, the remainder will be forfeited by the Client unless otherwise agreed in writing. It is up to the Client to ensure they arrange and are available for all sessions and for the Services to be provided in full between the Commencement Date and Final Date.
7.2 Confidentiality Provision: The confidentiality provisions survive the termination of this Agreement remain until the Confidential Information becomes part of the public domain.
7.3 Ownership of Intellectual Property and Confidential Information: Materials and work may be provided to the Client from time to time during and to enable the provision of the Services. All materials and work is provided without warranties of any kind, both express and implied. Any design, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain the property of the Coach at all times. No materials may be reproduced or used for any purpose other than the personal private use of the Client. Client shall not be authorized to use any of Coach’s intellectual property for Client's business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Coach electronically or otherwise without the prior written consent of the Coach. At no time may it be reproduced and provided to third parties without express written permission of the Coach. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferable or assignable without the Company's prior written consent.
7.4 No Resale of Services or Materials: Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Coach’s prior written consent.
7.5 Release: From time to time the Coach may use photos, videos, sound recordings and other sample images or content (together 'Content') taken from sessions, classes or functions that the Coach organizes. Some of this Content may be used for marketing, advertising and promotional business purposes and at no time will compensation be provided to the Client for any such use. By signing up for the Services and agreeing to the Terms, the Client hereby grants such release to the Coach to use such Content. If the Client does not wish to have their Content used, they must notify the Coach in writing of their request. Client consents to recordings being made of courses and the Program. Coach reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses or sessions, and materials submitted by Client in the context of the Services for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, likeness, and Content being used by Coach for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
8 INFORMATION PROVIDED TO PERFORM THE SERVICES
The term "Confidential Information" shall mean information which is not generally known to the public relating to the Client's business or personal affairs. The Coach agrees that they will:
(a) keep confidential and secure;
(b) not use directly or indirectly; and
(c) not disclose directly or indirectly,
this Agreement and all personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except
(i) as required by law or any regulatory authority; or
(ii) with the Client’s express written consent.
8.2 Non-Disclosure: The Coach will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required to perform the Services in which case, the Coach will ensure they are under the same duty of confidentiality as the Coach is under this Agreement. Coach agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Coaching, or otherwise, without the written consent of Client. Coach shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client's Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
9 PAYMENT, PRIVACY AND DELIVERY
9.1 Services Rendered: Services will only be provided once payment has been made for the sessions as nominated in the Proposal.
9.2 Failure to Pay: In the event that the Client fails to pay any payments due in accordance with the terms of the Agreement or does not perform its obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. We may also commence proceedings to collect any outstanding debts owed.
9.4 Payment Authorization: By providing the Coach with your payment and credit card details, the Client authorizes payment for the full Services. In the event the Client has chosen payments to be made on a recurring basis, the Client hereby authorizes such payments to be deducted by the Coach until the full payment has been made under the Terms and in accordance with this Agreement.
9.5 Payment Intervals: Payments by payment plan are due at 30 day intervals, unless otherwise stated.
9.6 Services Timeline: Services must begin within 30 days of the original deposit, purchase or sign up.
9.7 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.
9.8 Late Fees: Failure to make a required payment when due under this Agreement will result in 5% late fee (five percent) on all outstanding balances not paid by the date or dates agreed by the parties.
9.9 Non-Transferability: All sessions or Services are non-transferrable. In addition, no sessions may include or be attended by any third parties unless agreed in advance by both Client and Coach.
9.10 Unpaid Charges: To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
9.11 Payment Plans: If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.
9.12 Chargebacks: Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
9.13 Collection Fees: Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
10 TERMINATION AND CANCELLATION
10.1 Breach: For any breach of any of the obligations of this Agreement, the person who has committed the breach will immediately remedy or rectify the breach promptly.
10.2 Termination: Termination may occur if the Coach believes that the working relationship has broken down including a loss of confidence and trust; or for any other reason outside their control which has the effect of compromising their ability to perform the Services. In the event of such termination by the Coach, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to the Client.
10.3 Payment Due on Termination: In the event of any termination by the Client, including arrears of payment of otherwise in default of this Agreement, payment for the full terms and all sessions of the Services becomes immediately due and payable, whether or not the sessions were used by the Client. The Client is liable for full payment of all unpaid sessions for the Services that were engaged in accordance with the Proposal. In the event that Client is in arrears of payments to Coach, Client shall be barred from using any of Coach’s services.
10.4 Survivability of Confidentiality: Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
11 LIMITATION OF LIABILITY, INDEMNITY, DISCLAIMER OF GUARANTEE
11.1 Indemnification: The Coach and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on all or any part of the Services. The Client shall indemnify and hold harmless the Coach from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
11.2 Liability Terms: The liability of the Coach is governed solely by United States Consumer Law and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
11.3 Own Risk: The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agree to indemnify and hold harmless the Coach for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services.
11.4 No Substitute for Medical Treatment: Some of the Services may involve health or other personal management discussions. Our Services and information provided should not replace discussions with qualified healthcare or other relevant professionals and should not be used to diagnose or replace any professional treatment or management of any condition. All decisions about any treatment and management of any condition must be made with a healthcare professional and the Client agrees and acknowledges that any reliance on any information, discussion or recommendation is done at their own risk. The Client is at all times responsible for their own physical health and emotional well-being and is responsible to seek medical treatment (including, but not limited to psychotherapy), if needed. Coach does not provide medical, therapy, or psychotherapy services. Coach is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof. . The Coach recommends that any pre-existing condition be treated by a medical professional and that any information provided is not to be relied on in substitution. The Client understands that they therefore engage the Services at their own risk. By engaging the Coach, the Client agrees they alone are responsible for all outcomes and achievements by participating in the Services and the Coach cannot guarantee nor be responsible for any results, howsoever incurred.
11.6 Disclaimer of Guarantee: Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Services. Client accepts and agrees that she/he is the one vital element to the Services’ success and that Coach cannot control Client. Coach makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Coach and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Coach makes no guarantee or warranty that the Services will meet Client's requirements or that all clients will achieve the same results.
11.7 Liability & Claims: In any case, the Coach’s liability is limited at all times to amount of the last invoice fees paid by the Client. All claims against the Coach must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever.
12 CONTROLLING AGREEMENT
12.1 In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company's representatives, or employees, the provisions in this Agreement shall be controlling.
13 CHOICE OF LAW/VENUE
13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Arizona, Maricopa County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
14.1 The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
15.1 If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
16 ENTIRE AGREEMENT
16.1 This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.