Terms and Conditions
This Agreement is made and entered into on the day of purchase (“Start Date”) between The Luckiest LLC, (“Hereinafter referred to as “Company” and yourself, (Hereinafter referred to as “Client.”)
Company and Client hereby voluntarily and willingly agree as follows:
For good and valuable consideration of seven hundred and forty-nine dollars $749. Client has agreed to purchase ‘We Are The Luckiest : Sobriety in Full Color’ (hereinafter “Program”). In exchange, Client agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Company will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.
1. Program Details
- Client agrees and understands that he/she is purchasing ‘We Are The Luckiest : Sobriety in Full Color with Laura McKowen' an 8-week online program.
- 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 ‘We Are The Luckiest : Sobriety in Full Color' 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 Client's website.
- The Program is not to be considered a substitute for medical wellness or treatment. The Company is not able to nor will provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. The program is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or diagnosis to relieve a current condition, the Program is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Company to provide any services other than that outlined below in the Program Outline Addendum.
- This Agreement is considered a mutual non-disclosure agreement, meaning both Client and the Company 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 the Company, plans or outlines for future programs or packages, the information contained in documents or any other original work created by the Company, and any and all other intellectual property (discussed below).
- Client and the Company agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with the Company shall survive the expiration of this Agreement and Company's services. This means the Client and the Company both agree to continue to keep Confidential Information private, even after the completion of working with the Company.
- Should Client breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Program, Client understands additional action may be taken by the Company up to and including legal action.
3. Intellectual Property Rights
- Client agrees and understands that the Company has created numerous original, creative works in connection with the Program, and agrees that the Company maintains all copyrights or license to to the content as applicable, 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 the Company. Client agrees that they may be granted a limited right to use selected materials in the course of their own business, but understands that the rights remain with the Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from the Company 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 they are 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 the Company or obtained through working with the Company, without Company's express written consent. If such behavior is discovered or suspected, the Company 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: Company Limited License to Client: Client understands that in purchasing the Program, they are gaining access to view all content and information available as part of the Program, as well as any additional information or content shared by the Company. Client understands this means they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use as instructed or allowed by the Company. 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 Company; (b) post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by the Company, 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 constitute an infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
- Client agrees to render payment via PayPal or Stripe and understands that the full purchase amount is due and payable upfront or per the terms of payment agreement. Client agrees that absent an agreement regarding a payment plan with the Company, they must complete payment in full before becoming entitled to any products or services included within Program.
5. Payment Plan:
- If the Company 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 remainder of the Program may be forfeited until payment is made.
- The Company reserves the right to cancel or cease working with Client should they 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 the Company in exchange for work completed thus far, and it is up to the sole discretion of the Company whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
6. Refund Policy
- The Company is not able to offer refunds once Client has purchased the Program. Client understands this provision and agrees that they are not entitled to a refund once payment has been issued to the Company.
- Client further agrees and understands that changing their mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results they expected or desired, or experiencing any other similar situations does not entitle a refund.
- Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company 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 Company be required to defend itself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
8. Medical Disclaimer – Not Medical or Professional Advice
- The purpose and goal of Program is to provide educational services. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment.
- Program offers coaching services only. There are no treatment or medical-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) medical services. Company is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a medical professional in your geographical area.
- The Company encourages Client to consult a physician if they suspect they may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician and have concluded that the Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
9. Discontinuation of Program
- Program does not provide any medical advice, treatment, or counseling/therapy services to Client. If at any point during Program, Company believes Client to be in need of medical treatment or other services Company cannot provide, Company will advise Client of this. Client has the right to refuse this referral and ignore the recommendation; however, Client may be asked to discontinue use of Program for their own well-being, until such treatment can be provided. Should Client wish to disregard Company recommendation and wish to continue with Program, Client agrees to sign an additional waiver confirming this information.
- If Client has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Company, and may or may not be offered.
10. Voluntary Participation
- Client understands and agrees that they are voluntarily choosing to enroll in Program and are solely responsible for any outcomes or results. While Company believes in the services and that Program is able to help many people, Client acknowledges and agrees that ‘We Are The Luckiest : Sobriety in Full Color’ is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that they are fully responsible for their health and well-being, including participation in Program and any results therein.
11. Disclaimer /No Guarantees
- Client understands that they must actively participate in the full Program in order to see results. While many of Company's past and current clients have experienced wonderful benefits from the Program, and the Company and team will act in their full capacity to ensure success and happiness in the Program, Company cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold the Company and Program harmless if they do not experience the desired results.
- Client understands that all services provided by the Company 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 the Company on a purely voluntary basis and does not hold the Company or Program responsible should Client become dissatisfied with any portion of the Program.
- Client agrees that they do not have a cause of action, legal remedy, and are not entitled to a refund should they not achieve the results desired following completion of the program, as long as the Company delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by the Company and Client.
- Client also understands the Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold the Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by the Company on its website and within the Program is comprised of information that has worked for the Company and other clients, and may or may not be useful to Client. Client understands the Company cannot guarantee results from this Program, and has no expectation of a specific result that holds the Company responsible for.
- Client also understands they are purchasing the Program and participating freely and voluntarily. The information contained within the Program may not be suitable for all persons.
12. Waiver/Assumption of the Risk
- Client understands they are entering into a Program for the purpose of achieving a desired goal through the Program. Client confirms they are entering into this Program voluntarily and of their own free will.
- Client certifies they have or will be evaluated by their personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Program with the Company. If Client elects not to obtain this medical clearance prior to beginning Program, they understand the potential injuries and ramifications of such actions and agree not to hold the Company responsible for any such injuries or negative consequences.
- Client understands Program may include elements of exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees they are aware of and assuming these risks in order to voluntarily proceed with the Program. Should any such incidents occur, Client understands it is of no fault or responsibility of the Company, and agrees the Company is not liable.
13. Dispute Resolution
- Should a dispute arise between the Company 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 not to hold Company responsible for any specific results, or those results which have been achieved by other clients.) If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Boston, Mass, within a reasonable amount of time. Client and Company 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 judgment of law or decree.
14. Applicable Law
- This Agreement shall be governed by and under control of the laws of Massachusetts regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Massachusetts 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 the Company, or a party authorized to sign on behalf of either party.
Client and the Company agree this Agreement constitutes the entire agreement between the Client and Company, 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 the Company, and is in full agreement with the terms outlined herein.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees that they are purchasing the 'We Are The Luckiest : Sobriety in Full Color'. Once the Program is purchased and all Agreements are signed, the Program is to continue for a period of 8 - weeks. The work is to begin Monday, July 12th, 2021, and run through approximately Monday, August 30th, 2021. During this time, Company will provide the following products and/or services:
- 8 weeks of online live calls
- Online support group
- Modules: The Company will make available 7 modules, to be released weekly. These modules are intended to release proprietary information created and or licensed by the Company for personal benefit of Client. Client agrees and understands that they may not share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided as a result of participation in the program.
- Online group: Client will also be granted access to a private group organized by the Company as part of the Program. If granted access, Client agrees to use common sense when posting or responding to others in the group, and agrees to refrain from posting any negative or unnecessary comments.
- Should Client choose to post anything in this group, Client is agreeing and acknowledging they will not post anything that could harm Company or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if they make the decision to post content that constitutes cyber bulling, Client’s comments will be removed immediately, and the Company reserves their right to take action against Client to the full extent of applicable laws.
1. Cost of Program
Client agrees and understands that the cost of Program, when paid in one installment, is $749, when paid in two monthly increments of $385 for a total of $770, or when paid in three installments of $262, is $786. Client understands they have been provided with the payment options and Client is to issue payments to Company as follows:
2. Method of Payment
Client agrees to render payment via PayPal or Stripe and understands they 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 to promptly notify the Company to ensure payments are not missed.
3. 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) the remainder of the Program may be forfeited if payment is not made thereafter.
The Company reserves the right to cancel or stop working with Client should they become unable to make the additional payments in accordance with the Payment Schedule outlined above. Should this occur, Client understands they are not entitled to a refund of funds already issues to the Company in exchange for work completed thus far, and it is up to the sole discretion of the Company whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.