When you enroll in BIG in Purpose™, you are agreeing to the following conditional return policy. Please read carefully.
This Group Coaching Participation Agreement (“Agreement”) governs the terms and conditions for participation by the Participant identified below (“Participant”) in a group coaching program (“Program”) created by Studio Keyes Creative LLC.
GROUP COACHING: PARTICIPATION AGREEMENT
The Program is a coaching program with a 6-month commitment organized to educate participants about Biblical and Human Design principles that contextualize how they can use their skills and abilities to live more intentionally. The Program will run from the first-day payment is received (“Program Start Date”) by Studio Keyes Creative LLC for 6 months (“Program End Date”) unless otherwise stated.
The Fee for the Program is $2,997.99 if Participant pays in full at time of signing this Agreement.
The Program Fee includes:
In consideration of the Services provided by us to you as set forth in Section 2.1 above, you agree to pay us the current program fee at the time of joining as a one lump sum payment for 6 months of access or in monthly payments. If you pay for one lump sum payment, you agree that you will automatically continue to be charged $300 on a month-to-month basis after the first 6 months until you cancel. If you pay via payment plan, you agree that you will automatically continue to be charged $300 on a month-to-month basis after the first 6 months until you cancel. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in Section 2.2 (a).
2.2 For Participants Selecting the Payment Plan
(a) Payment and Expenses
Participant must agree to this Agreement and make an Initial Payment according to agreed payment plan to the Company (“Initial Payment”). Failure to make agreed payment amount by the foregoing deadline will result in Participant forfeiting his/her admission into the Program.
The remaining eleven (5) monthly installments must be paid each consecutive month starting 30 days after Initial Payment until the Program Fee is paid in full.
Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Company. If any payment is insufficient or declined for any reason, Company may remove Participant from the Program and shall have no liability in that regard. If the full payment is not received by the due date, a $55.00 late payment fee may be assessed.
Your participation in the Program requires the full financial commitment. You agree to pay this sum in accordance with the Company’s payment options outlined in your client account, via Company’s online payment system. The primary method of payment must be a major credit card with secure checking or savings account from reputable financial institution as a secondary form of payment. Secondary form of payment will be used upon default or missed payment from the primary method of payment. Company utilizes a third-party shopping cart plug-in to process payments.
You are responsible for any such expenses that You may incur as it relates to Your participation in the Program. Including but not limited to: equipment and software needed to implement the Program and travel costs. This information is subject to change without notice.
(b) Recurring Payments
I understand that after the 6 month period, this authorization will remain in effect until I cancel as detailed in Section 2.2 (b). If the payment date falls on a weekend or holiday, I understand that the payment may be executed on the next business day. In the case of a transaction being rejected for Non-Sufficient Funds (NSF) I understand that the Company may at its discretion attempt to process the charge again.
Requests for cancellations and/or refunds received by Company will not be honored and any outstanding balance owed to the Company for the Program must be paid in full within the first 6 month period. Changes or substitutions cannot be made to the Program participant. After the 6 month period, you may cancel your participation in the Program for any reason with 30 days notice. You will continue to be charged the monthly fees and continue to have access to the Program until the 30-day notice period is complete. No refunds are allowed under any circumstances. To cancel your participation after the 6 month period, contact firstname.lastname@example.org. Once your participation is canceled, you will be prohibited from rejoining the Program for a period of 6 months from the date of cancellation or until a spot has opened up (whichever comes sooner).
Participant agrees to conduct him/herself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other Program participants and attendees. Participant acknowledges and agrees that Company reserves the right to remove Participant from the Program, without reimbursement, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
The Program may only be accessed by the Participant – the individual who is the customer on record with the Company. The Program, including any usernames or passwords, may only be used by Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.
Participant understands that given the group format of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential.
Participant understands that his/her enrollment in the Program is for a period of six (6) months and then transitions to a month-to-month agreement. Participant will maintain access to the Program for as long as they are actively enrolled.
Participant agrees that the Company may use any images, audio recordings or video recordings of Participant obtained while enrolled in the Program. Participant waives any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. Participant waives the right to inspect or approve the finished product, including written or electronic copy, wherein Participant’s likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of the Participant’s estates have or may have by reason of this authorization.
All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by the Company or the Program partners presenting during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at or provided in connection with the Program for any reason without the prior written permission of the Company.
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Company offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
This Agreement shall be governed by the laws of the State of California and any disputes arising from it must be handled exclusively in the County of Los Angeles, California. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party 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.
This Agreement constitutes the entire agreement between Participant and the Company and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Company shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
© Studio Keyes Creative LLC.
Effective Date: November 7, 2021