ASPIRE TO RETIRE RICH WEBSITE TERMS & CONDITIONS
TERMS AND CONDITIONS
BY VISITING ASPIRE TO RETIRE RICH YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
All visitors are referred to as “user”, “you” and “your”; the terms “we”, “us”, and “our” refer to ASPIRE TO RETIRE RICH owned by Megan McAvoy Coaching, LLC (“Company”).
You are responsible for complying with any local laws that are applicable in your jurisdiction.
All products and services provided and advertised by Company are subject to any other applicable terms and conditions governing their use.
Terms and conditions are subject to change from time to time at our sole discertion without notice.
Information provided on the Sites and related to our service of financial education and business coaching (the “Service”), mindset, happiness, self-development, and yoga is subject to change. Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The website may provide information in respect to finances, business, lifestyle, taxes, health and wellness, self-development and coaching, and is intended for informational purposes only. Nothing contained on this website or sent via email from www.aspiretoretirerich.com or its owner is to be considered medical, therapy, financial, legal, or tax advice, nor should be construed as medical, therapy, financial, legal, or tax advice. Aspire to Retire Rich and Megan McAvoy Coaching, LLC is not licensed to sell insurance or investment products, nor give tax, legal or financial advice, nor therapy services or medical services. Any information shared by Aspire to Retire Rich and Megan McAvoy Coaching, LLC is meant to be information, and not advice applicable to your situation. This information cannot and should not be held as a substitute for a proper consultation or evaluation with your Financial Advisor, Attorney, or Tax Accountant, Therapist, or Doctor.
By reading and participating in this website, programs, blog, workbooks, email series and other correspondence from the Site, you acknowledge that Megan McAvoy is not your Financial Advisor, Attorney, or Tax Accountant, Therapist, or Doctor and is only providing information. Aspire to Retire Rich and Megan McAvoy Coaching, LLC cannot guarantee the outcomes of services, or recommendations found on the programs, website, blog, workbooks, or email series. Megan McAvoy Coaching, LLC cannot make any guarantees other than to deliver the services purchased as described.
By participating in a consulting session over the phone, internet, or in any other forum, you acknowledge that the information provided is not meant to substitute a conversation with the appropriate Financial Advisor, Attorney, or Tax Accountant, or Doctor or Therapist.
All services are billed in USD.
You agree to pay the charge/s for the Services, from the payment processor (Stripe or PayPal) account or credit card, information for which you have or will have supplied to us.
Monthly payments and other payment plans can only be charged via the payment methods list on the check-out site and are billed in advance according to the relevant payment due dates. You authorize us to arrange withdrawal of funds on this card at each payment due date without further reference to you. Monthly payments are billed on the date noted when you sign up and should you cancel a monthly payment option, you must do so 5 business days in advance of that monthly payment date otherwise you will be billed for the full month's payment and cancellation will be completed on the following monthly payment due date. There are no refunds after a payment is made and no partial refunds provided should you request cancellation after the monthly payment date. If you cancel a membership / monthly payment option, you will no longer have access to the site or the services upon cancellation date.
If you have purchased a Service that is on a scheduled Payment Plan, you agree that you are obligated to pay the Payment Plan off in full according to the schedule listed on the order form / order confirmation - regardless of whether or not you complete the program.
Our Services may be provided by email / made available for you to download / in a membership site / online forum in the way we have explained in our Website.
For any payment that is processed via subscription, payment plan, or monthly payment that is late (late is define as past the due date when the client has authorized that the payments be deducted) then client will be charged a 5% late penalty on the total amount that is past due. Credit card information must be updated 5 business days in advance of the payment due date to ensure that all payments are processed properly, otherwise the 5% late fee will be charged if a payment is past due. This late fee will be processed against the same payment method that is on file.
If payments are not brought up to date immediately, then there will be an additional a 5% fee for each monthly payment period that passes where the client is past due. (So if client has a payment due Feb 1, and it goes past due, then client will be charged 5%. If client is still past due on March 1, the client will be charged another 5% fee - and so on for each month that a payment is late).
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. (space need here, just a grammar issue). Company’s logo and Company brand and product names referenced herein are either registered trademarks or trademarks of Company or its partners or suppliers. All other brand and product names mentioned herein are trademarks of their respective owners. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent or as provided for in these Terms and Conditions.
Unless expressly provided otherwise by Company, all comments, feedback, information or materials submitted to Company through or in association with the Sites shall be considered non-confidential and Company’s property. By submitting such comments, feedback, information or materials to Company, you agree to a no-charge assignment to Company of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Company shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
Company authorizes you to view, print, copy and distribute materials on the Sites provided that:
(a) the information by be used internally by you only for informational, non-commercial purposes;
(b) no fee may be charged for distribution of any information to any third party; and
(c) any and all copyright or other proprietary notices that appear herein including “Copyright 2017, Aspire to Retire Rich and Megan McAvoy Coaching, LLC All rights reserved” together with this Legal Notice, must appear on any copies that you make.
The content on the Sites is protected by United States and foreign copyright laws. Any use of the content not expressly permitted in these Terms and Conditions is a breach and may violate copyright and other laws. Any copyright or other legal infringement may result in legal action taken on behalf of the Company.
DISCLAIMER AND LIMITATION OF LIABILITY
(1) Any product, process or technology published on the Sites may be the subject of Intellectual Property rights reserved by Company, its subsidiaries or licensors, and are not licensed under this agreement.
(2) All information provided via the Sites, including, without limitation, any Company or its subsidiaries’ product or service plans, software programs, software code, offerings or programs, statements of future directions, “white papers” or other technical or marketing materials (collectively, “Information”) is intended for informational purposes only and is subject to change or withdrawal by Company at any time without notice. Company assumes no responsibility for the accuracy or completeness of the Information. THE INFORMATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS, OR NON-INFRINGEMENT. COMPANY FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITES OR THE INFORMATION PROVIDED HEREIN. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. YOU AGREE THAT IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR ANY OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, ASPIRE TO RETIRE RICH AND MEGAN MCAVOY COACHING, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THE COMPANY IS FURTHER NOT LIABLE FOR ANY LOST BUSINESS, SAVINGS, GOODWILL OR DATA; AND THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ASPIRE TO RETIRE RICH AND MEGAN MCAVOY COACHING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ASPIRE TO RETIRE RICH AND MEGAN MCAVOY COACHING, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
(3) By (1) using this website; (2) enrolling in, purchasing, programs, products or services you agree to this limitation of liability and release Aspire to Retire Rich and Megan McAvoy Coaching, LLC from any and all claims.
RELEASE OF CLAIMS AND ADDITIONAL DISCLAIMERS
Aspire to Retire Rich and Megan Mcavoy Coaching, LLC own all rights to www.aspiretoretirerich.com as subsidiary of the Company. By using this website and/or purchasing any of Aspire to Retire Rich and Megan McAvoy Coaching, LLC’s programs, products, or services, you voluntarily agree to this Release of Claims and Disclaimers. You are agree that you have read, understand, and consent to the terms provided here. Any questions should be directed to email@example.com prior to purchase.
The information provided by the Website and Company are information only. Nothing contained herein constitutes financial, legal, or tax advice nor does it establish a financial, legal, or tax advisor-client relationship. Nothing contained herein constitutes medical or therapy advice, nor does it establish a doctor or therapist-client relationship.
By using this Website or purchasing any of www.aspiretoretirerich.com’s programs, products, and/or services, you acknowledge that Aspire to Retire Rich and Megan McAvoy, LCC is not your financial advisor, legal professional, or tax advisor nor your doctor or your therapist. You further acknowledge and agree that the information and education provided through programs, offers, workbooks, emails, or other forums of the Company are not advice specific to your situation. You agree to contact the right advisor in order to get specific advice, and that Aspire to Retire Rich and Megan McAvoy Coaching, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Aspire to Retire Rich and Megan McAvoy Coaching, LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content, and your use of this information.
You assume personal responsibility for utilizing the information provided by any programs, products, or services purchased herein and found on www.aspiretoretirerich.com. Aspire to Retire Rich and Megan McAvoy Coaching, LLC is not responsible for personal actions during or after use of our programs, you accept fully responsibility for the use, or non-use, of this information.
In no event will Aspire to Retire Rich and Megan McAvoy Coaching, LLC be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance upon our site and its content. You hereby release Aspire to Retire Rich and Megan McAvoy Coaching, LLC from any and all claims including those related to personal or business interruptions, misapplication of information, or any other loss, condition, or situation.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of Sites. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. We make no warranty or guarantee to the accuracy of our Site or its content.
ONLINE MERCHANTS, PURCHASES, AND REFUND POLICY
You may be allowed to make purchases from us or from other merchants on certain parts of the Website and within its content. If you make a purchase from us on or through our Website or its Content, then you acknowledge and agree that all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as method of payment, credit card number, billing information, your name, and address, may be collected by us, the merchant, and our payment processing company.
You further acknowledge and agree that your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, that all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that Aspire to Retire Rich and Megan McAvoy Coaching, LLC shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that are incurred as the result of such dealings with a merchant.
We have no responsibility or liability for payment processing companies, Merchants or the independent policies that govern your relationship with them. When you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For specific information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website, view their information links, or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
You acknowledge and agree that Aspire to Retire Rich and Megan McAvoy Coaching, LLC does not offer refunds for any portion of payment for our products, services, or programs. All sales are final and no refunds will be given for any reason.
DISSATISFACTION WITH SERVICES:
If for any reason you are not completely happy with your purchase, contact us immediately and tell us:
1) exactly why you think we have failed;
2) the date, if relevant, of the failure;
3) when and how you discovered the failure;
4) the result of the failure;
5) your suggestion as to action we should take to resolve the situation and restore your faith in us.
6) To do this, it is essential that you contact us by email at the Contact Point on Our Website.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado, exclusive of choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Boulder, Colorado and any such decision or award shall be binding on the Parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Testimonials are real-life examples of clients who have worked with Aspire to Retire Rich and Megan McAvoy Coaching, LLC. These clients have given their permission to share their results, experiences, and opinions. The client testimonials written are truthful and accurate, and are not intended to guarantee current or future clients with similar or the same results. You are responsible for your own interpretation of these testimonials, and agree and acknowledge that you are also responsible for your own results – without guarantee from the Company or its clients.
You agree and acknowledge that there are no guarantees made through the use of this Site and its content, and that client results can vary.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By accessing or using the Sites, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes, you accept the new Terms and Conditions with the modifications.
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
In group coaching programs, you are responsible for what you share. You are not to disseminate information about any other member of the program outside of the group - you are bound to confidentiality within the group.
If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
You represent and warrant that:
you own the rights to all of the Material that you post;
any fact stated in your Material is accurate;
To access or use the Site, you must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms and Conditions.
1:1 COACHING CONTRACTUAL AGREEMENTS:
Begin: Private 1-on-1 Coaching Contract:
1. Meaningful Engagement:
Congratulations on your commitment to Private 1-on-1 coaching and thank you for the opportunity to coach you. This Client Agreement (the “Agreement”), begins upon receipt of payment (the “Effective Date”), is made by and between: Megan McAvoy Coaching, LLC DBA Aspire to Retire Rich (hereafter known as “Company” or “Coach”) and paid client (hereafter known as “Client”, and collectively, the “Parties”). You will receive a confirmation and receipt upon registration.
WHEREAS, Company provides the 3 or 6 month Private 1-on-1 coaching program to include 8 (3-month) or 16 (6-month) 1-on-1 calls (“Services”) AND WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services. NOW THEREFORE, in consideration of the mutual covenants stated herein, and good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agrees that the terms and conditions of their relationship shall be as follows:
Company agrees to provide personal development, mindset, business, leadership, alignment and wealth creation coaching (herein referred to as the “Program”). Client agrees to abide by all policies and procedures as outlined in this Agreement and in the Coaching Call Guidelines as a condition of their participation in the Program.
Client acknowledges and understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client's life or profession.
Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, unless otherwise required by law.
4. Program Structure:
· Time and Place: Your payment of the investment entitles you to: attend 8 (3-month) or 16 (6-month) 45 minute 1-on-1 coaching calls over 3 or 6 months and utilize the strategic tools that Company offers. All calls take place via conference phone line or virtual online calling. It is Client’s sole responsibility to attend scheduled calls with Company.
· Scheduling: Client will schedule each call via the scheduling link provided. If Client must cancel or reschedule a call, then you are required to do so 48 hours in advance otherwise this call is forfeited. Additionally, if you are 15 minutes late to a call then that call is forfeited.
This Program is 3 or 6 months long and begins when client payment is received (“Term”). Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Term. If the Parties desire to continue their relationship, a separate agreement will be entered into.
6. Investment and Payment:
Total investment for 3 months of 1:1 coaching or 6 months of 1:1 coaching is outlined at online checkout.
You must pay to Company in consideration for the coaching services provided. Upon the signing and execution of this contract, payment must be made without set off, deduction, or counterclaim. Payment is due immediately. Client must pay the full investment, whether or not they complete the 3-month or 6-month 1-on-1 coaching program.
Company is committed to providing Client with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of payment if Client becomes disruptive or upon violation of the terms of this Agreement. If Client terminates this Agreement, no refunds will be issued.
Client is responsible for full Cost for the entire Program, regardless of whether Client completes the Program. To further clarify, no refunds will be issued and all payment plans must be paid in full.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party or information that is already publicly available. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned during the Term of this Agreement shall survive the termination, revocation, or expiration of this Agreement.
10. Compelled Disclosure of Confidential Information:
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will: (i) provide Company with prompt notice of such requirement prior to the disclosure; and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
11. Intellectual Property:
Company has all of the right, title, and interest in all intellectual property used in performing the coaching services and all intellectual property that Parties may develop in the performance of coaching services.
In the performing of coaching services for you, Company does not transfer title to you in any intellectual property, and the title with to all such intellectual property remains with Company.
Client may not: alter any of Company’s intellectual property or the materials; or copy or reproduce the content of the coaching services or the materials; or sell the intellectual property or services or the materials (IP) or supply the IP to third parties.
Client authorizes Company to use any intellectual property created by Company in performing the services for any purpose it may require; including, but without limitation, marketing and promotions of my services.
12. Limitation of Liability:
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement.
Company: excludes all terms, conditions, and warranties implied by custom, the general law or statute, or which cause any part of this agreement to be void (non-excludable condition). Limit liability to you for breach of any non-excludable condition to the total amount actually paid by you under this agreement; limit liability to you and any claim (whether arising in tort, contract, or statute) for loss or damage suffered by you in relation to the performance of the coaching services to the total amount actually paid under this agreement; and exclude all liability for the consequential damage (including but not limited to, lost revenue or profit) suffered by you in any way relating to the coaching services or your exercise of rights under this agreement. This Agreement shall be governed by and construed in accordance with the laws of the Boulder, Colorado and the United States, regardless of conflict of laws principles.
13. Non Disparagement:
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
14. Dispute Resolution:
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to Small Claims Court in Boulder, CO where parties will first go through the Mediation process. The Mediation process shall occur within ninety-(90)-days from the date of the initial mediation demand and shall take place in Boulder, CO. The Parties shall cooperate in exchanging and expediting discovery as part of the mediation process and shall cooperate with each other to ensure that the mediation process is completed within the ninety-(90)-day period. The written decision agreed to with the mediator (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction. If an amicable resolution cannot be reached in mediation, only then parties will the parties proceed to small claims court in Boulder, CO.
15. Entire Agreement, Amendment, Headings:
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format or image or client Agreeing to terms and conditions on the purchase page), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
18. Force Majeure:
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, technology and internet interruptions, curtailment or interruption of transportation facilities, threats or acts of terrorism, labor strike or civil disturbance, or other matter such as disease or community health risk, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, and the affected Party, on a timely basis, notifies the other Party of the matter preventing its performance and the probable length of delay, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
19. Client Responsibility; No Guarantees:
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature and extent of the Program, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.
End: Private 1-on-1 Coaching Contract.
ADDITIONAL YOGA RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT:
In consideration of the services of Megan McAvoy Coaching, LLC, d/b/a Aspire to Retire Rich including, but not limited to its agents, owners, officers, volunteers, participants, employees, affiliates, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "Aspire to Retire Rich"), I HEREBY ACKNOWLEDGE AND AGREE TO IRREVOCABLY RELEASE AND WAIVE, INDEMNIFY, AND DISCHARGE ASPIRE TO RETIRE RICH OF ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS ON BEHALF OF MYSELF, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES/AGENTS, AND ESTATE AS FOLLOWS:
1. I ACKNOWLEDGE that I understand that yoga includes physical movements, as well as an opportunity for relaxation, stress re-education, and relief of muscular tension. As is the case with any physical activity, THE RISK OF INJURY TO ME OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. If I experience any pain or discomfort, I will listen to my body, adjust the posture, and, if necessary, ask for support from the teacher. I will continue to breathe smoothly. I ASSUME ALL RISKS (which may include, among other things, dehydration, heat exhaustion, heat stroke, heat cramps, and muscle strain or damage) AND UNDERSTAND IT IS MY RESPONSIBILITY TO KEEP MYSELF HYDRATED AND COMFORTABLE.
2. I further acknowledge and agree that yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga. I HEREBY AGREE TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT I HAVE NOW OR HEREAFTER MAY HAVE AGAINST ASPIRE TO RETIRE RICH.
3. I expressly acknowledge, agree, and promise to accept and assume all of the risks existing in this activity. My participation in Yoga is purely voluntary, and I elect to participate in spite of the risks, known or unknown.
4. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS ASPIRE TO RETIRE RICH FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, which are in any way connected with my participation in yoga.
5. Should Aspire to Retire Rich or anyone acting on its behalf be required to incur attorney's fees and other costs to enforce this agreement, I AGREE TO INDEMNIFY AND HOLD ASPIRE TO RETIRE RICH HARMLESS FOR ALL SUCH FEES AND COSTS.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I FURTHER CERTIFY THAT I HAVE NO MEDICAL OR PHYSICAL CONDITIONS WHICH COULD INTERFERE WITH MY SAFETY IN YOGA, OR ELSE I AM WILLING TO ASSUME—AND BEAR THE COSTS OF—ALL RISKS THAT MAY BE CREATED, DIRECTLY OR INDIRECTLY, BY ANY SUCH CONDITION.
7. I FURTHER ACKNOWLEDGE AND AGREE that Aspire to Retire Rich may, in its sole discretion, bar my participation in yoga.
8. In the event that I file a lawsuit against Aspire to Retire Rich, I agree to do so solely in Boulder Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I consent to this YOGA RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I acknowledge that I have had sufficient opportunity to read this entire document.
I FURTHER ACKNOWLEDGE I HAVE READ AND UNDERSTOOD THIS YOGA RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.
Updated: February 2018
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