Best Damn Coach Program
By checking the box next to this Terms and Conditions, and clicking the “Purchase” button, you, the purchaser of the Best Damn Coach Program outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by AWalk LLC, an Arizona 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:
Coach and Client hereby voluntarily and willingly agree as follows:
Client has agreed to purchase access into the Best Damn Coach Program (hereinafter “Program”) with one of the following options:
- One-time payment ($1997.00) 6 month Membership
- Subscription ($333.00/mnth) 6 month Membership
- One-time payment ($2997.00) for 12 month Membership
- Subscription ($250.00/mnth) 12 month Membership
In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline attached here to. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.
- Program Details
- Client agrees and understands that he/she is purchasing a six (6) month/ twelve (12) month group coaching program to include Weekly Live Coaching Calls, Core Vault, Coaching Vault, Business Vault, and community with special one-time bonuses.
- Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in the Best Damn Program as well as what is not included. 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.
- 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, Consulting sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, Consulting strategies, exercises, or other methodologies Client learns as a result of working with Coach, Information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below.)
- 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.
- Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Program, Client understands additional action may be taken by Coach up to and including legal action.
- Intellectual Property Rights
- Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach 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. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Coach. 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.
- 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 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: 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-transferable 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: (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach; (b) post, distribute, copy, steal or otherwise use any portion of the Program or its content 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, (c) share purchased materials, information, content with others who have not purchased them, (d) Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 30-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
In order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, contact our support team at firstname.lastname@example.org and let us know you’d like a refund within 30 days after the purchase date (“Refund Period”). You must include your work with your request for a refund, as outlined below. If you request a refund and do not include your coursework by the end of the Refund Period, you will not be granted a refund.
You must submit ALL of the following items with your request for a refund:
Requirement 1: Share entire thought download from welcome email #2 and identification of Thoughts and Facts.
Requirement 2: Complete and attach the takeaways from at least three “Weekly Calls”, including at least two ways you implemented the learnings from each call.
Requirement 3: At least 5 samples of your own Elevated Models that demonstrate self-coaching around the B.D.C. community or your business.
Requirement 4: Attach screenshots/samples of at least 4 vault resources you implemented (2 from the coaching vault and 2 from the business vault).
Requirement 5: Tell us why this course was not a good fit for you and your business needs. What did you expect that you did not get once inside the program?
We will NOT provide refunds for any request that comes more than 30 days after the date of purchase. After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
All refunds are discretionary as determined by AWalk, LLC To further clarify, we will not provide refunds for requests made after the Refund Period and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these terms that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Awalk LLC reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in AWalk LLC sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Program without notice and without refund.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: email@example.com.
- Client agrees to render payment and understands that the full purchase amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Coach, he/she must complete payment in full before becoming entitled to any products or services included within the Program.
- Payment Plan:
- If Coach 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 may owe a five percent (1.5%) late fee per month, or the highest rate allowed by law, whichever is greater. A payment is to be considered late if not paid within thirty (30) days of the date it is due. Accounts that have not been paid after 30 days may be turned over to collections, and the balance of the Client’s account will become due and payable. If Client’s account is turned over to collections, Client understands and agrees he/she is responsible for any and all fees accrued, in addition to the original account outstanding balance.
- Coach reserves the right to cancel or cease working with Client should he/she 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 is not entitled to a refund of funds already issued to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
- 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, 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.
- Voluntary Participation
- Client understands and agrees that he/she is voluntarily choosing to enroll in the Program and is solely responsible for any outcomes or results. While Coach believes in her services and that the Program is able to help many people, Client acknowledges and agrees that AWalk LLC 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 the Program and any results therein.
- While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the 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.
- 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.
- 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 the Program Outline Addendum below, or similar substitutes, upon additional agreement by Coach and Client.
- 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.
- 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.
- Dispute Resolution
- 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.) 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 Phoenix, Arizona, 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.
- Applicable Law
- This Agreement shall be governed by and under control of the laws of Arizona regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Arizona are to be applicable here.
- This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.
Client and Coach agree this Agreement constitutes the entire agreement between Coach 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 Coach or Coach’s team, and is in full agreement with the terms outlined herein. This Agreement may be signed in counterparts and sent electronically, and electronic signatures may be considered as originals.
- PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the Best Damn Coach Program. Once the Program is purchased and all Agreements are signed, the Program continues for a period of six (6) months or twelve (12) months. During this time, Coach will provide the following products and/or services:
- Weekly Live Coaching Calls
- Core Vault
- Coaching Vault
- Business Vault
- Special one-time bonuses