TLC COACHING AND CONSULTING SERVICES
TERMS AND CONDITIONS
Welcome to TLC Coaching and Consulting! I look forward to working with you in your chosen TLC Coaching and Consulting program(s) and to providing a supportive environment to facilitate the personal growth experience you and your fellow participants desire.
In consideration for being permitted to participate in any TLC Coaching and Consulting package or program (“Program”), TLC Coaching and Consulting requires that all participants carefully review and agree to these Terms and Conditions. TLC Coaching and Consulting Services is a sole proprietorship, founded by Ami Ji Schmid, with a principal business address of 18 Chase Street, Brattleboro, Vermont 05301. TLC Coaching and Consulting Services, and its founder, Ami Ji Schmid, are referred to in these Terms and Conditions as “TLC or “Coach”. The participant accessing TLC Coaching and Consulting program(s) is hereinafter referred to as “Client”, “Participant” or “You/Your”.
1. Program Description. Coach agrees to provide mindset and spiritual coaching services through the TLC Program selected by Participant in the form of personal coaching, audio, visual and/or written coaching materials and support, and virtual live meetings delivered by Ami Ji Schmid and/or her team of experts (“Coach’s Team”) in exchange for a fee (“Program Fee”). The Program includes access to: (a) the live portion of the Program and (b) the Program training materials provided to Client throughout the Program (“Program materials”). Client’s access to the Program is made conditional on payment of the Program Fee and begins on the first date Client is provided with access to review or participate in the Program (“Program Start Date”) and ends at the conclusion of the Program selected by Participant.
2. Coaching Sessions. Client has access to 1:1 coaching calls and agrees to use them as per the agreed upon schedule selected by the Participant and Coach. Client is responsible for booking their calls and attending all scheduled calls, and any 1:1 coaching calls not scheduled and/or attended within the agreed upon range, will be forfeited by Client.
3. Program Fee. Client agrees to compensate Coach for the Program with a Program Fee according to the payment schedule agreed during Payment Checkout on the TLC website and/or payments platform.
4. No Refunds. Because considerable time and effort has gone into creating all aspects of the Program, if Client decides to withdraw from the Program at any time for any reason, Client is still fully responsible for making all Program Fee payments, and no refunds, in full or in part, will be provided.
5. Failed Payments. In the event Client fails to make any of the payments for the Program Fee when due, Coach has the right to immediately cease access to the Program, including all access to Program materials, until payment due has been paid in full. In addition, should payment fail to be completed within ten (10) days of the due date, Client agrees and understands that Client is responsible for and will be charged any collection fees or charges and/or reasonable attorney fees incurred in connection with the cost of collecting such fees and payments.
6. No Program Extensions or Pauses. Client understands and agrees that no extensions of time to the Program, pauses during the Program, or requests to put the Program “on hold” shall be granted.
7. Non-Exclusivity of Instructor. Client agrees that Coach is not required to ensure exclusivity of any instructor that is assigned to work with Client. Coach reserves the right to change and replace the Client’s existing instructor with another instructor at Coach’s sole discretion. Any such change or replacement may be made without the consent of Client, and without prior notice to Client.
8. Case Studies and Testimonials. Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity. Client will always be contacted by Coach for approval prior to any case study or testimonial being published in which Client will be identified by full name or identity. Client also acknowledges that some Program coaching or training calls are being recorded and that they are for training purposes only, to be used exclusively by Coach and Coach’s Team. Client affirmatively agrees and acknowledges that Coach may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, Client’s experience in the Program, including any specific results experienced by You during the Program and no compensation will be provided to You.
9. Intellectual Property Rights.
a. TLC retains all ownership and intellectual property rights to the Program and Program materials provided to Client through the Program, including all copyrights and any trademarks belonging to TLC and/or Coach’s Team (“TLC IP”). The Program and Program materials are being provided to Client for Your individual use only and with a single-user license for educational and informational purposes which means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, to any other person or entity, without Coach’s prior written permission. No other license is being granted or implied to You.
b. The TLC IP, including the Program and Program materials, is a special, unique and valuable asset of TLC that has been created with extensive time and care. Client agrees not to teach, coach, launch or offer programs, services or information that is, or is perceived to be, the same as, or substantially similar to the Program, in whole or in part, and/or in direct competition with Coach now or at any time in the future. Client agrees not to launch or offer programs that are marketed to potential or current clients of Coach or Client that are in direct competition, or perceived to be in direct competition, with Coach or Coach’s Team. A perceived or proven breach of this section of these Terms and Conditions is considered material and is grounds for immediate termination of Client’s participation in the Program without notice.
10. Non-Solicitation. Coach intends for the Program to be a positive learning experience for all participants, free from sales or marketing from any of the Program participants. Client agrees that the Client will not at any time during the Program solicit business, attempt to solicit business, advertise or teach about Client’s area of expertise, or enter into business relationships with Coach’s or Coach’s Team’s past or current clients or Program participants, without the prior written permission of Coach. In addition, Client agrees not to hire or enter into agreements with Coach’s current contractors, team members, or employees or solicit or persuade, or attempt to solicit or persuade, any of Coach’s employees, contractors, consultants, or persons in the process of being recruited to hold such positions, to end or to modify any existing relationship with Coach, or not to enter a relationship with Coach. A perceived or proven breach of this section of these Terms and Conditions is considered material and is grounds for immediate termination of Client’s participation in the Program without notice.
11. Personal Responsibility & Assumption of Risk.
a. Client acknowledges that Client takes full responsibility for all decisions made before, during and after the Program and knowingly assumes all of the risks of the Program, whether known or unknown, related to Client’s use, misuse, or non-use of the Program or any of the Program materials. Client accepts and agrees that there are many factors that contribute to the success of the Client which are outside of Coach’s control; therefore, Client accepts and agrees that Client is 100% responsible for Client's progress and results from the Program, and Coach makes no guarantees as to the outcome of the Program.
b. Coach expects that Client is entering the Program with existing mental health support as needed to complete the Program goal(s). By enrolling in the Program, Client also understands that the Program is not intended to turn Client into a coach, consultant or mental health counselor, nor does it equip Client with the expertise needed to create other than personal results. The Program is a personal transformation program, suitable for individuals who possess the ability to be coached.
12. Disclaimer. Client is aware and acknowledges that Coach is not a physician or licensed medical provider and therefore does not diagnose, treat, prevent or cure any disease, and therefore is not a replacement for Client’s medical doctor. If Client is presently under any form of specialized medical supervision or under the influence of any form of medication that might affect Client’s participation in the Program, Client must inform Coach prior to working together. Client understands that while Coach has used care in preparing the information provided to Client, the Program and Program materials are being provided as self-help tools for Client’s own use and for informational and educational purposes only. Client agrees that Coach is not responsible for Client’s physical, mental, emotional and spiritual health, for financial earnings or losses, or for any other result or outcome that Client may experience through the Program. For specific questions related to a medical situation, consult Your own medical professional.
13. No Warranty. TLC MAKES NO WARRANTY THAT THE PROGRAM SERVICES WILL MEET CLIENT’S PRECONCEIVED EXPECTATIONS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM OFFERED THROUGH OR ON BEHALF OF TLC UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
14. Limitation of Liability. Client accepts all risks, foreseeable or non-foreseeable, arising from Client's participation in the Program. In no event will the aggregate liability of TLC with regard to Client’s participation in the Program exceed the compensation paid by Client to TLC under this Agreement. TLC shall not be liable for any indirect, consequential, special or exemplary damages (including, without limitation, damages for any loss of profit, revenue, data, business or use) even if TLC has been advised of the possibility of such damages.
15. Indemnification. Client shall defend, indemnify, and hold harmless TLC and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program.
16. Termination. Should Client wish to terminate this Agreement, Client shall notify TLC by sending an e-mail to Ami Ji Schmid at ami@tlccoaching.org. In the event that Client is in arrears of payment or otherwise in default of any of these Terms and Conditions, or chooses to voluntarily terminate Client’s participation in the Program, all payments due hereunder for the Program shall be immediately due and payable. TLC shall be allowed to immediately collect all such sums from Client and, at TLC's discretion, immediately terminate Client’s access to the Program and Program materials. In addition, TLC may, at any time, terminate client’s participation in the Program if Client breaches any of the provisions of these Terms and Conditions, or should Client’s conduct unreasonably interfere with the participation of other participants in the Program, at which time any payment for services rendered by TLC to Client shall immediately become due and payable. TLC may also terminate Client’s participation in the Program at any time without cause, at which time payment for services rendered by TLC to Client shall immediately become due and payable, on a reasonably pro-rated basis, as determined in the sole discretion of TLC.
17. Additional Terms.
a. Assignment. Client may not assign or otherwise transfer Client’s rights and responsibilities under these Terms and Conditions, in whole or in part, to any other person or entity without the prior written consent of TLC. Any attempt by Client to assign or otherwise transfer Client’s rights and responsibilities without such consent will be null and void. Subject to the foregoing, these Terms and Conditions shall be binding upon, and shall inure to the benefit of, TLC and Client and their respective successors and assigns.
b. Governing Law, etc. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Vermont, without reference to its conflict of law principles. All disputes arising out of these Terms and Conditions and/or Client’s participation in a Program will be subject to the exclusive jurisdiction and venue of courts sitting within Windham County, Vermont, and Coach and Client consent to the personal and exclusive jurisdiction of these courts. All claims against TLC or any of Coach’s Team, staff, employees, shareholders, directors, officers, or contractors must be filed within 100 calendar days of the date of the events first giving rise to the claim or otherwise be forfeited forever.
c. Enforceability. If for any reason any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect.
d. Modifications, Amendment, Updates. TLC may modify, amend and/or update these Terms and Conditions at any time and in its sole discretion. Such modifications, amendments and/or updates shall be communicated in writing in advance to Client and shall take effect once posted to TLC’s website and/or payments platform. Continued participation in any Program by Client shall constitute Client’s agreement to TLC’s modified, amended and/or updated Terms and Conditions.
e. No Waiver. No waiver of any provision of these Terms and Conditions shall constitute a waiver of any other provisions or of the same provision on any other occasion.
f. Force Majeure. Neither TLC nor Client will be responsible for any failure or delay in performing any of its obligations under these Terms and Conditions (other than the obligation to pay money when due) due to causes beyond their reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, acts of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed 30 days from the date of notice of failure.
g. Independent Contractors. TLC and Client agree that they are independent contractors and that no provision of these Terms and Conditions shall be deemed to create any joint venture, partnership, franchise, employment, or agency relationship between them. Neither TLC nor Client will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
h. Entire Agreement. These Terms and Conditions contain the complete understanding and agreement of TLC and Client and supersede all prior or contemporaneous agreements or understandings, oral or written, relating to the Program.