Terms and Conditions of Purchase
You are purchasing access for one (1) person to Your Impassioned Life – Legacy, referred to below as the “Legacy Programme” or “YIL Legacy” from Louisa Havers Coaching (the “Company,” “we,” or “us”). You must be at least 18 years of age or older to purchase access to the Legacy Programme.
By purchasing YIL Legacy you agree to the following Terms and Conditions.
1. Programme Description
Under the terms of this Agreement, Coach agrees to provide coaching services through the YIL Legacy Programme in the form of potential bonus webinars and virtual live meetings delivered by Louisa Havers and her team of experts (“Team”) in exchange for a Programme Fee. The Programme includes 3 months of access to: (1) the LIVE portion of the Programme, and (2) the Programme training materials in the members’ website or otherwise provided to Client throughout the Programme (“Programme materials”) as provided in Exhibit A. Client’s access to the Programme is made conditional on payment of the Programme Fee and begins on the first date Client is provided with access to review or participate in the Programme (“Programme Start Date”).
The term of this Agreement will commence upon: (1) Your purchase of the programme and (2) payment of the applicable Programme Fee. This programme is subject to a three-month minimum commitment, and then will be automatically renewed monthly until cancelled.
In providing the Services, Coach will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open-minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Coach is not an employment agent, business manager, financial analyst or psychotherapist.
4. Programme Fee
Client agrees to compensate Coach for the Programme with a Programme Fee according to the payment schedule set forth in Exhibit B. Client agrees that Client is financially willing and able to invest in this Programme by choice, and that by so doing, Client is not incurring any economic hardship in any way.
5. Credit Card Authorisation and Receipt
If paying by PayPal, Client gives Coach permission to automatically charge Client’s account in the amounts set forth on Exhibit B. To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. Payment dates may be modified if agreed to at least seven days in advance in writing by both Coach and Client.
6. No Refunds
Because considerable time and effort has gone into creating all aspects of the Programme, if Client decides to withdraw from the Programme at any time for any reason, Client is still fully responsible for making all Programme payments, and no refunds, in full or in part, will be provided. By reading this Agreement below, Client fully agrees and understands that Client is and shall be responsible for making all payment amounts of the Programme Fee on the payment schedule as set forth in Exhibit B and that if Client seeks a refund or withdraws from the Programme, for any reason whatsoever at any time, Client shall not be entitled to a refund.
7. Chargebacks and Payment Security
Your financial commitment to this Programme is important. Client hereby agrees not to make any chargebacks to Coach’s account. Client further agrees to not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Coach’s collection of payment hereunder. Client’s participation in the Programme is voluntary and entered into with the full understanding and agreement as set forth in Section 4 that Client will make all Programme Fee payments. Client has been given an opportunity to ask any questions about the Programme and Programme Fee payments prior to reading and agreeing to this Agreement and is choosing now to enter the Agreement with the commitment to honour the payment schedule in Exhibit B and not default on payments or make chargebacks.
8. Failed Payments
In the event Client fails to make any of the payments for the Programme Fee by the due dates as set forth in Exhibit B, Coach has the right to immediately cease the Programme, including all access to Programme materials, until payment due has been paid in full. In addition, should payment fail to be completed within 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.
9. No Programme Extensions or Pauses
The Programme is a minimum of three months in duration beginning on the Programme Start Date. By signing below, Client understands and agrees that no extensions of time to the Programme, pauses during the Programme, or requests to put the Programme “on hold” are to be granted to You.
10. 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 all Programme coaching or training calls are being recorded and that they are for training purposes only, to be used exclusively by Coach and Team. By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Programme, 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 Programme, including any specific results experienced by You during the Programme and no compensation will be provided to You. Client agrees and acknowledges that this includes any written statements You may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded at any live, video, audio, or recorded event(s) in which You participate even if You aren’t intending to make such submission as a testimonial. Client further represents that any such statements or testimonials that You make during the Programme shall be correct, accurate, and truthful.
11. Intellectual Property Rights
Coach retains all ownership and intellectual property rights to the Programme and Programme materials provided to Client through the Programme, including all copyrights and any trademarks belonging to Coach and/or Coach’s Team. The Programme and Programme 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 Programme or Programme 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.
The purpose of the Programme is to coach Client about key areas of life / business to assist Client in Your own practice in a different field from Coach, and not for Client to learn and use this information to compete with Coach’s business or the Programme, directly or indirectly, in any way. With that understanding, Client fully agrees that Client shall not use any of Coach’s or Team’s intellectual property learned through the Programme, in part or in full, purposes including during coaching sessions with Coach or Coach’s Team, for Client’s business in a way that competes, directly or indirectly with Coach’s business and such use shall be considered improper and unauthorized use of the Programme and/or Programme Materials. Such intellectual property, including the Programme and Programme materials, is a special, unique and valuable asset of Coach’s that has been created with extensive time and care. Client agrees not to teach, coach, launch or offer programmes, services or information that is, or is perceived to be, the same as, or substantially similar to the Programme, in whole or in part, and/or in direct competition with Coach now or at any time in the future. This includes but is not limited to Client holding him/herself out as or offering coaching or consulting services in areas such as Business, Marketing, Advertising, Branding, Technology, or any subject covered in the Programme and Programme materials now or at any time in the future. Further, Client agrees not to launch or offer programmes 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 the Agreement is considered material and is grounds for immediate termination of Coach’s participation in the Programme without notice.
Coach intends for the Programme to be a positive learning experience for all participants, free from sales or marketing from any of the Programme participants. Client agrees that the Client will not at any time during the Programme, or during or after the term of this Agreement solicit business, attempt to solicit business, advertise or teach about Client’s area of expertise, or enter into business relationships with Coach’s or Team’s past or current clients or Programme participants, without the prior written permission of Coach. Client agrees and understands that Client is not to market, gift or sell Client’s programmes, products, services or information, directly or indirectly, through any of the platforms provided by Coach during the Programme, including but not limited to videos, group calls, member forums, members’ website, social media groups/pages, e-mail communications, chats, or by any other form of communication. Client agrees not to solicit, influence or attempt to solicit or influence any of Coach’s or Team’s clients, customers, Programme participants, employees, or contractors, either directly or indirectly, to direct any purchase or use of products and/or services from Client or provide advertising, marketing, gift or sale of any products or services of any kind, to any of Coach’s clients, customers, Programme participants, employees, or contractors, 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 the Agreement is considered material and is grounds for immediate termination of Coach’s participation in the Programme without notice.
13. Good Faith
Coach and Client represent and warrant to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
14. Personal Responsibility & Assumption of Risk
Client acknowledges that Client takes full responsibility for all decisions made before, during and after the Programme and knowingly assumes all of the risks of the Programme, whether known or unknown, related to Client’s use, misuse, or non-use of the Programme or any of the Programme 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 Programme, and Coach makes no guarantees as to the outcome of the Programme.
Client is aware 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, therapist or physician. Client acknowledges that Coach is not a medical provider, psychotherapist, employment agent, business manager, or financial analyst. If Client is presently under any form of psychiatric care, psychotherapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together. Client understands that while Coach has used care in preparing the information provided to Client, the Programme and Programme 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 Programme. Nothing related to this Programme is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult Your own medical or mental health professional. For specific questions related to Your financial, legal or tax situation, consult Your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult Your own clergy member or spiritual healer. Do not start or stop taking any medications because of anything You have read or received through this Programme.
16. No Warranty
COACH MAKES NO WARRANTY THAT THE SERVICES WILL MEET CLIENT’S PRE-CONCEIVED EXPECTATIONS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THE PROGRAMME 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 PROGRAMME THROUGH OR ON BEHALF OF COACH 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.
17. Limitation of Liability
Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions and client’s use of the Programme. In no event will the aggregate liability of Coach with regard to this Agreement, the Programme exceed the compensation paid by Client to Coach under this Agreement. Coach 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 such party has been advised of the possibility of such damages. Client agrees that Coach’s employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Coach.
Client shall defend, indemnify, and hold harmless Coach 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 Programme.
Cancellations of monthly service following conclusion of the three-month minimum term must be requested in writing to [email protected] at least seven business days prior to automatic renewal date. Once the client has terminated their service, re-entry into the programme is by application only, and subject to availability and current pricing. In the event that Client is in arrears of payment or otherwise in default of any of the terms of this Agreement, or chooses to voluntarily terminate this Agreement, all payments due hereunder for the Programme shall be immediately due and payable. Coach shall be allowed to immediately collect all such sums from Client and, at Coach’s discretion, immediately terminate Client’s access to the Programme and Programme materials. In addition, Coach may, at any time and without cause, terminate this Agreement, at which time any payment for services rendered by Coach to Client shall immediately become due and payable.
Client agrees that if You have a question or concern about the Programme, that You come to Coach or Coach’s Team directly to resolve the issue. Coach agrees to make Louisa Havers and/or Coach’s Team available during weekday business hours to discuss by phone or e-mail any concerns or disputes Client may have with regard to the Programme in an effort to resolve them privately and professionally. Thus, Client agrees to not publicly or privately make any negative or critical comments about the Coach, Coach’s Team, Coach’s business or contractors, the Programme, other Programme participants or to communicate with any other individual, company or entity in a way that disparages or harms the reputation of the foregoing in any way, including on social media at any time. As a part of the legal process, of course, Client is not prohibited from publicly sharing Client’s thoughts and opinions.
21. Additional Terms
Client may not assign or otherwise transfer this Agreement, in whole or in part, to any other person or entity without the prior written consent of Coach. Any attempt by Client to assign or otherwise transfer this Agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
This Agreement shall be governed by and construed in accordance with the laws of England, without reference to conflict of law principles. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction and venue of courts sitting within Brighton, England, and the parties consent to the personal and exclusive jurisdictions of these courts. All claims against Coach 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.
If for any reason any provision of this Agreement is held to be invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
Express designation of sections of this Agreement as material does not in any way limit other sections that have not been so designated from also being deemed material to the Agreement.
Any modification or amendment of any provision of this Agreement will be effective only if in writing and signed by Coach and Client. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by Coach or Client.
No waiver of any provision of this Agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.
Neither party will be responsible for any failure or delay in performing any of its obligations under this Agreement (other than the obligation to pay money when due) due to causes beyond its 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.
The parties agree that they are independent contractors and that no provision of this Agreement shall be deemed to create any joint venture, partnership, franchise, employment, or agency relationship between the parties. Neither Coach 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.
This Agreement contains the complete understanding and agreement of Coach and Client and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the Programme.
EXHIBIT A – SERVICES
YIL Legacy Programme
– Monthly Q&A Calls with Louisa’s team
– Email access to the team for questions and reviews for current paid term
– Access to Bonus webinars on the Membership Site for current paid term
– Access to our private YIL Facebook community for current paid term
EXHIBIT B – PAYMENT
YIL Legacy Programme
– £48 monthly payment via Paypal, for a minimum commitment of 3 months
– Rolling monthly payments thereafter of £48