MADE 4 MORE PROGRAM AGREEMENT
(updated September 14, 2022)
Welcome to Made 4 More!
This Agreement is between Emily Eley Coaching, LLC (your “Coach” or “We”) and the person named at the end of this document, (“Member” or “You”). By signing this Agreement, you are enrolling in my “Made 4 More” program (the “Program”).
The Program includes the following:
- Weekly Live Group Coaching Calls with Emily (except the last week of every month)
- Milestone 1:1 Calls and Critiques with Emily Eley
- Online Curriculum
- Worksheets, Copy-and-Paste Processes, and Templates: and evolving variety of materials will be provided to you over the course of the Program.
- Private Facebook Group
INVESTMENT; ENROLLMENT LEVEL. The Program Fee (the “Program Fee”) for the Program is $625 per month or $2500 for 4 months. If you pay in full for the four months you are a Pay In Full Member (“Pay In Full Member”), otherwise you are a Monthly Member (“Monthly Member”). If you are a Pay In Full Member you receive one additional 60-minute 1:1 coaching call with Emily Eley for free.
PAYMENTS; NO REFUNDS; CANCELLATION
Pay in Full Members: The Program Fee for Pay in Full Members is due in full upon the acknowledgement of this Agreement. Except where the Coach cancels the program as described below in the Coach Cancellation Section, ABSOLUTELY NO REFUNDS WILL BE GIVEN.
Monthly Members: Monthly Members must provide either ACH information or a credit card on file to be automatically charged on the day they enter the program and on that same day each month. If your card is declined for any reason or there are insufficient funds for payment, we may suspend your access to the Program until you have paid the amount overdue. Monthly Members may cancel with 15 days’ notice in the first month they enroll via email to [email protected]. A 50% REFUND WILL BE GIVEN ONLY FOR THAT FIRST MONTH.
Collections: Coach reserves the right to collect any and all monies owed from Client by whatever means Coach deems necessary. Client shall pay for any costs Coach incurs to collect such costs, including reasonable attorney’s fees and collection agency costs.
Cancellations. Because of the nature of this Program, NO REFUNDS WILL BE GIVEN. In addition, if you breach this Agreement, your membership in the Program may be immediately terminated, and NO REFUNDS WILL BE GIVEN. You will also be liable for any costs, expenses, damages, and fees, all court costs and reasonable attorney’s fees that we may incur as a result of your breach.
Coach Cancellation: We may cancel the Program at our discretion. If we cancel the Program, we will notify you via email at least 30 days prior to the cancelation date specified in the notice (the “Cancellation Date”). We will refund the pro-rata share of Pay In Full Member’s Program Fee applicable to the months following the Cancellation Date. For example, if you are a Pay In Full Member that joined on January 1 and we cancel the program on February 28, we will refund 50% of your Program Fee.
This Agreement will be in effect for as long as you are a member of the Program.
The Program requires a commitment of time, cooperation and participation. You commit to full participation in the Program and understand that it is up to you to do the work. You agree to perform all tasks assigned by the Program within the timeframes discussed in the Program, and to provide all assistance and cooperation in order to complete the Program in a timely and effective basis. You are solely responsible for implementing any of the ideas generated in the Program. If we cannot perform our obligations under this Agreement because of a delay by any act or omission by you, we will not be deemed to be in breach of our obligation under this Agreement or responsible for any losses incurred by Member as a result of such delay.
In order to have a successful group experience, the following actions are prohibited. If, in our discretion, you take any of the actions described below, you can be immediately terminated from the Program. NO REFUNDS WILL BE GIVEN.
- Upload or otherwise share with the other members of the Program or us any content that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading, infringes the intellectual or other proprietary interests of third parties; contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Program or otherwise breaches or encourages other users to breach this Agreement.
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Program.
- Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Program or our private Facebook group;
- Gain or attempt to gain unauthorized access to the Program or the private Facebook group including the networks or user accounts; or
- Attempt to or engage in conduct that damages, disables, overburdens, or impairs our website, our private Facebook group, servers or networks.
SCHEDULING- If you need to cancel or reschedule a 1:1 call with us, we require 48 hours notice, otherwise you will forfeit that appointment and you will not have an opportunity to reschedule. Please be on time to all Program meetings. Meetings will be recorded, but if you miss a meeting, there will not be an opportunity to make up the meeting, other than watching the recording.
We retain all rights to our intellectual property, including but not limited to all Program materials including derivative works arising from or used in conjunction with the Program (“Our Intellectual Property”). Our Intellectual Property may not be copied, used, modified or distributed for any purpose. There is no granted or implied license to sell or distribute Our Intellectual Property. You understand and agree that any of Our Intellectual Property you receive is for your own personal use. Any disclosure of Our Intellectual Property to any third party by you is strictly prohibited.
DISCLAIMERS; PERSONAL RESPONSIBILITY
You understand that you are 100% responsible for your own progress and results.
Coach cannot make any guarantees as to the results, including financial or other gains, of the Program. You agree to take responsibility for your own results, and you understand that Dissatisfaction with Coach’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
If we recommend or refer you to a third party service provider, for example a social media support person or virtual assistant, we are not responsible for their work.
You understand that the Program does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that this Program is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice, and it is your exclusive responsibility to seek such independent professional guidance as needed. You understand that we will not be acting as a psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider''), or a physician, physician’s assistant, advanced practice nurse, or a registered dietician or licensed nutritionist, or member of the clergy. We will not be attempting to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Any advice we give is not meant to take the place of advice by a licensed healthcare professional. If you feel unwell, or otherwise in need of professional counseling or therapy, it is your responsibility to seek licensed professional help. If we reasonably believe that your needs are for licensed professional help and/or medical treatment, we reserve the right to cancel or postpone the Program until you receive or have received appropriate medical treatment. NO REFUNDS WILL BE GIVEN.
We do not warrant that access to our website, Facebook, or any third party service provider we use to deliver the Program will be uninterrupted or error free, or that our website, its content or any server used in conjunction with the website and or the Program are free of viruses or other harmful components.
We are not liable for any default due to acts out of our control, including but not limited to - an act of God, pandemic, epidemic, civil unrest, terrorism, war, strike, fire, flood, hurricane, or industrial action.
You agree to indemnify us and our employees, contractors, agents, officers and other designees for any claim arising directly or indirectly from your acts and omissions related to your involvement with the Program and use of our website and the private Facebook group.
Each party will not make any false, disparaging, or derogatory statement in public or private regarding the other party, its employees, contractors or agents.
LIMITATION OF LIABILITY
IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US UNDER THIS AGREEMENT IN THE PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
In the course of the Program, you and the other Members will be sharing personal stories and other sensitive information. We agree to hold your statements and information, including the existence of the relationship between the parties in confidence except (a) if asked to disclose such information by a court of competent jurisdiction, (b) if we reasonably believe you pose a danger to yourself or to others, or (c) if we obtain your written consent prior to disclosure.
You agree to hold the information that other Members share during the Program as confidential except (a) if asked to disclose such information by a court of competent jurisdiction, (b) if you reasonably believe another Member poses a danger to themselves or to others, or (c) if you obtain the other Member’s written consent prior to disclosure.
This Agreement will not be construed to create any association, partnership, joint venture, employee or agency relationship between you and us for any purpose. This Agreement shall be construed according to the laws of the State of Vermont. In the event that any provision of this Agreement is deemed illegal or unenforceable, the remaining portions of the Agreement shall remain in full force. This Agreement may be signed in counterparts, which when taken together constitute one and the same Agreement. No waiver or forbearance by either Party of any rights under this Agreement precludes such party from exercising those rights in any other instance. The paragraphs titled Intellectual Property, Limitation of Liability, Disclaimers Personal Responsibility and Non-Disparagement, and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. Neither party may assign this Agreement to any other party. Any notifications may be sent to the addresses of the parties on the signature page to this Agreement.
If the terms of this Agreement are acceptable, please check the box to accept on the Program checkout page. By doing so, you are acknowledging that: (1) you have received a copy of this Agreement; (2) you have had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) you understand, accept and agree to abide by the terms hereof.