Virtual Curl School Terms of Use

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Virtual Curl School outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by CurlVitality, a New Jersey Limited Liability Company, (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon: 

For good and valuable consideration outlined below, the receipt and sufficiency of which is hereby acknowledged by all parties, Client is electing to purchase access to The Curl School (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.

  • Program Outline:
  • Client agrees and understands that he/she is purchasing Virtual Curl School, a 10-week online course designed to take the guesswork out of stellar hair through pre-recorded modules, worksheets, and how-to videos, whether you’re a total curl newbie or have been testing for awhile. 
  • Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.  


  • Non- Disclosure 
  • Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Program. 
  • Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership and/or ability to participate in Program, other than for personal use in her own business and social media accounts without permission from Coach. 


  • Testimonials 
    1. Coach may request Client provide a testimonial to be published on Coach’s website, or featured on Coach’s social media accounts. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial. 
    2. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website, social media, or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release if asked, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial. 



  • Payment and Payment Plan
    1. Client understands the cost of the program is four hundred ninety-seven U.S. dollars ($497) which is payable up front, in full, unless a payment plan has been offered by Coach, or a promotion has been offered by Coach. Client agrees to render payment via credit card on Coach’s sales and checkout page for Program. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third-party payment processor of Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, Client must complete payment in full before becoming entitled to any products or services included within Program. 
    2. If Coach has offered a payment plan, Client agrees to abide by the rules and payments as explained on Coach’s sales page. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client agrees that membership will be cancelled if payment is not made or processed within 48 hours of the payment due date.
    3. Coach reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issues to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed. If Client and Coach have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page. 



  • Refund Policy 
    1. Coach will allow refunds requested within twenty-four (24) hours of the date of purchase. To receive a refund, Client must email Coach outlining basis for refund request, as well as any other relevant information they may help Coach learn why it was not a good fit for Client. Due to the subjective nature of the Program provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to offer refunds more than twenty our (24) hours after purchase. Please conduct any and all necessary research to determine if Program is right for you prior to purchasing. 


  • Term; Termination 
    1. Following agreement to these Terms of Use and purchase of Program, Client is to have access to Program for as long as it is offered and technologically supported by Coach. These Terms shall be in full force and effect for as long as Program is offered, and/or as long as Client continues to use and access Program, whichever is longer. 
    2. Coach may elect to terminate Client’s ability to access Program in the event of a breach of these Terms, failure to make required payments in accordance with an agreed upon payment plan, suspected illegal activity, including but not limited to infringement or any other form of distribution or copying of any portion of Program. 


  • Voluntary Participation
  • Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in its services and that Program is able to help many people, Client acknowledges and agrees that Coach is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein. 





  • Disclaimer
      1. Coach cannot guarantee results of Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results. 
  • Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary. 
    1. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program. 
    2. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
    3. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for. 

 

    1. Medical Disclaimer
  • The purpose and goal of Program is to provide Client with education, information, tips, and tricks relating to styling and managing curly hair. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment. There are no treatment or medical-based elements to Program; any products or routines recommended by Coach are meant as general suggestions or for educational-purposes only, and Client agrees to use his/her/their own personal judgment with respect to which products or routines to adopt. Client will seek medical attention of he/she/they discover any kind of rash or have any kind of reaction to any product mentioned by Coach, and agrees Coach is not responsible nor liable for any such adverse reactions. 


  • Intellectual Property 
    1. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program. 
    2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  
    3. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: 
      1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
      2. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
      3. Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own. 
      4. Share purchased materials, information, content with others who have not purchased them.
      5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.


  • Indemnification 
    1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge. 


  • Dispute Resolution 
  1. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) 
  2. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Audubon, New Jersey within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree. 


  • Applicable Law
  • This Agreement shall be governed by and under control of the laws of New Jersey regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of New Jersey are to be applicable here. 


  • Amendments
  • This agreement may be altered, amended, changed, extended, or otherwise updated based upon the changes in relevant laws, the course or program being purchased, or due to Coach’s choosing. Your continued use of the product or service will constitute agreement to this document in its most updated form. 





 

 

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing access to The Virtual Curl School. Once the Program is purchased and all Agreements are agreed to, Client is to have full access to the complete PROGRAM to be completed at his or her own pace. As outlined on the sales page, PROGRAM includes the following: 

Module 1: “Prep for Success” – this module is an introduction to Virtual Curl School, and will allow Client to set goals, find their hair twin, and gain clarity on prep work needed on Client’s hair in order to successfully complete Program. 

Module 2: “Hair analysis & pick your products” – this module is designed to teach the 5 attributes that make your hair, your hair, and why they are important, then pick out the best products for that hair. 

Module 3: “Refreshing, Sleeping, and Exercising” – this module will give dozens of tried and true options for exercising, sleeping, and refreshing your curls so they are popping better than day 1! 

Module 4: “Curl health 101” – this module is designed to take the confusion out of the conflicting information on “good” ingredients, “bad” ingredients, and everything in between, plus, clients’ Curly Girl questions will be answered!

Module 5: “Washing & Conditioning” – this module will show shampooing in a whole new light, and teach the how and why behind it all. 

Module 6: “Styling” – this module is designed to teach curl styling in a way that allows you to get your desired level of curl for the day. 

Module 7: “Intuitive hair styling” – this module will help teach clients how to handle and predict any problem that may arise now or in the future. 

Module 8: “Protein/Moisture Balance” – This module breaks down the importance of balanced hair and tells you exactly how to do it! 

Module 9: “Deep treatments & DIY haircare” – this module dives into deep hair treatments and other important haircare elements beyond shampooing and conditioning. 

Module 10: “Reading ingredients” – this module is designed to teach ALL about how to read labels and ingredients to find exactly what you need. 

  • Modules: Coach will make these ten (10) modules available weekly. Although designed to complete in order, weekly, Client may go at his or her own pace, and work through the modules as he or she sees fit. These Modules are intended to release proprietary information created by Coach for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in PROGRAM. 
  • Virtual Access: Program is designed to be 100% virtual, with no 1:1 elements with Coach. If Client would like to explore how to obtain 1:1 sessions with Coach, please see the VIP options on Coach’s website. 
  • Facebook Group Access: Client may also be granted access to a private group on social media organized by Coach as part of the individual Coaching package. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.

 

Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Coach is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties. 

By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above. 

Club CurlVitality Terms of Use

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Club CurlVitality Membership outlined below (hereinafter “Client”) agree and willingly join this membership site hosted by CurlVitality, (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, including the automatic renewal terms and inclusive of the following terms and conditions mutually agreed upon: 

For good and valuable consideration as outlined below, Client confirms he/she/they are agreeing to purchase a monthly subscription to Club CurlVitality (hereinafter “Membership Site”), with the first month free. In exchange, Coach agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto. 

  • Membership Site Outline:
  • Client agrees and understands that he/she is purchasing a monthly subscription to the Membership Site, a membership that provides access to monthly LIVE group Q&A Zoom sessions, guest instructors, and an exclusive Facebook group of other eager “curlfriends” who are ready to share their progress and cheer on yours! 
  • Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Membership Site as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.  
  • By joining Club CurlVitality as an upgrade to Virtual Curl School, Client understands and agrees he/she/they are receiving one (1) month FREE, but will be automatically charged the following month, and is committing to a three (3) month minimum membership. 


  • Confidentiality
  • Client understands that following Client’s access to Membership Site, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, and/or other information that may have become available for use through Client’s participation in the Membership Site. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s Membership Site.  Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Membership Site, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise. 
    1. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Membership Site, Client understands additional action may be taken by Coach up to and including legal action. 


  • Testimonials 
    1. Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial. 
    2. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial. 


  • Payment and Payment Plans
    1. Client understands the cost of the Membership Site is twenty-five U.S. dollars ($25) which is payable each month, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full. 
    2. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands he/she/they will lose access to the Membership Site, and will need to rejoin at the current rate in order to access Membership Site again. 
    3. Coach reserves the right to cancel Client’s access to Membership Site should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Coach for access to Membership Site.

 

    1. Auto-Renewal Agreement
      1. Client understands and agrees that continued access to Membership Site requires recurring monthly payments of $25, that will be made by Client on the same day of the month on which Client initially joined. By purchasing access to Membership Site, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month, via the same card or manner in which the initial payment was made, for the following month of membership to Membership Site. This process will repeat each month unless and until Client properly cancels his or her membership. 
      2. CANCELATION POLICY: All Clients must be a member for at least three (3) months. Following that three-month period, if Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
        1. HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to katy@curlvitality.com with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Coach’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away. 
        2. As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to Membership Site for the month in which Client paid, with membership terminating at the end of the last paid month. 
  • IF Client purchased access to Membership Site during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period. Client will not be given any additional notice regarding the end of the ONE MONTH trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month. 
    1. By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month. 


  • Refund Policy 
    1. Coach is not able to offer refunds once Client has purchased access to the Membership Site. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months. 
    2. Client further agrees and understands that changing his/her mind about the Membership Site, failing to follow through or understand the details of the Membership Site, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
  1. Technology
    1. Coach is not responsible for any specific technology Client may need in order to adequately view and utilize Membership Site. Client’s inability to access Membership Site due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5). 


  • Voluntary Participation
  • Client understands and agrees that he/she is voluntarily choosing to enroll in Membership Site and is solely responsible for any outcomes or results. While Coach believes in her services and that Membership Site is able to help many people, Client acknowledges and agrees that CurlVitality is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Membership Site and any results therein. 


  • Disclaimer /No Guarantees
    1. While many of Coach’s past and current clients have experienced wonderful benefits from the content contained in Membership Site, Coach cannot guarantee results from any of the content on Membership Site, and cannot make any representations or guarantees regarding individual results. Client will hold CurlVitality harmless if he or she does not experience the desired results. 
    2. Client understands that all services provided by CurlVitality in connection with the Membership Site being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Membership Site and work with Coach on a purely voluntary basis and does not hold Coach or Membership Site responsible should Client become dissatisfied with any portion of the Membership Site. 
    3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Membership Site, as long as Coach delivers the Membership Site as described in the Addendum below.
    4. Client agrees to hold CurlVitality harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Membership Site. While Coach and other members may recommend certain products or styling methods, Client understands he/she is ultimately responsible for selecting which products or methods may be right for him/her, and understands any reactions or negative results from a product or method is in no way Coach’s fault. Any decision by Client to follow a recommendation made by Coach is solely up to Client. Client understands Coach cannot guarantee results from this Membership Site, and has no expectation of a specific result that he or she holds Coach responsible for. 


  • Intellectual Property 
    1. Client agrees and understands that Coach has created numerous original, creative works in connection with the Membership Site, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership Site, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Membership Site. 
    2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Membership Site without refund, as well as access to any Membership Site or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  
    3. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Membership Site, she/he is gaining access to view all content and information available as part of the Membership Site. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to use the information provided as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: 
      1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Membership Site without written permission by Coach;
      2. Post, distribute, copy, steal or otherwise use any portion of the Membership Site or its content, or information obtained via other members in the group Membership Site without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
      3. Claim any content created by Coach as part of the Membership Site or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own. 
      4. Share purchased materials, information, content with others who have not purchased them.
      5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

 

  1. Indemnification
    1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Membership Site, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Membership Site. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.


  • Dispute Resolution 
  1. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) 
  2. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in New Jersey within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree. 


  • Applicable Law
  • This Agreement shall be governed by and under control of the laws of New Jersey regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of New Jersey are to be applicable here. 


  • Amendments
  • This agreement may be altered, amended, changed, extended, or updated depending on current laws, structure of Membership Site, or Coach’s business. Client’s continued use of the Membership Site constitutes an agreement to the most updated version of this Agreement. 

 

 

MEMBERSHIP SITE OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to Membership Site. While the below is subject to change, at the time of purchase, Membership Site includes access to the following: 

  1. Access to monthly LIVE group session Zoom calls 
  2. Exclusive Facebook group of other eager “curlfriends” who are ready to share their progress and cheer on yours
  3. Access to guest instructors