The Purchaser ("Client") of this program wishes to hire Kimberley Valerie Hiebert ("Coach") to provide Business Mindset Coaching through a self-paced virtual platform, and Coach has agreed to provide such services in accordance with the terms of this Agreement. For mutual consideration, the receipt and sufficiency of which is acknowledged, the Parties agree to the terms and conditions set out below.
By electronically acknowledging this Agreement, Client confirms that they have read, understood and agreed to accept all of the terms and conditions in this Agreement.
TERMS OF AGREEMENT
Client has purchased Coach’s Discover Your E.D.G.E. Mindset Program.
It is expected that Client will be respectful and cooperative towards Coach, to fellow participants, and fellow members of the Women With E.D.G.E. Community. Client also agrees not to make any false, disparaging or derogatory comments or statements in public or private regarding Coach, the Services, or any related parties. If at any time Coach determines that Client is not acting in accordance with these expectations, Coach may terminate the Client's access to the Program and Community without refund.
If Client chooses not to complete the program, for any reason whatsoever, Client is not entitled to any refund of any amounts previously paid to Coach.
CONFIDENTIALITY AND PRIVACY
Confidentiality and Non-Disclosure
The Parties acknowledge that during the program, certain confidential information may be disclosed to the other Party, either orally or in writing. For the purpose of this Agreement, “Confidential Information” means information that is of value and is treated as confidential and proprietary by its owner, and includes, but is not limited to: personal information, business records, financial data, marketing strategies, inventions, client lists, social media account metrics, passwords, intellectual property, trade secrets and the contents of this Agreement (“Confidential Information”). Client and Coach each agree not to disclose to any other person or entity or make use of the Confidential Information without the express written consent of the other, except to the extent that such disclosure is necessary to carry out their duties under this Agreement or as required by law. Upon completion of the program, each Party will remain bound by their duty of confidentiality to the other.
Coach may collect personal information prior and during the program, including: Client name, address, email address, phone number, billing information, financial and business information, social media business handles, or other personal information (“Personal Information”). By providing any Personal Information to Coach, Client consents and grants Coach permission to use and store such information in order to facilitate the program and Services. Client acknowledges and consents to the use of technology, telephones, e-mails, applications and third-party platforms that use video and audio, such as Zoom and Skype, and third-party payment platforms to be used by Coach in order to deliver the Services. Client confirms Coach is not responsible for the terms and policies of any third-party platforms and it is Client’s responsibility to review third-party privacy policies and terms and conditions.
Ownership and Use of Materials
Client acknowledges that all content and materials used and distributed in providing the Services, including any content or resources on Coach’s website, social media platforms, program materials, and member portal belongs exclusively to Coach, the sole copyright owner of the original materials, unless stated otherwise. By receiving any unique and original materials from Coach as part of the Services, Coach will grant a limited non-exclusive royalty-free license to Client for their use only and as directed by Coach. Client is strictly prohibited from reproducing any part of the written, video, audio, and digital materials or sharing them with others without Coach’s explicit permission to do so. All of Coach's intellectual property, including copyrighted materials and trademarks, will remain the sole property of Coach.
Client will not capture any of the coaching sessions or program content in any way, including but not limited to: video recording, photography, voice recording, or screen shots. Any recordings provided by Coach will be for Client’s own use only and Client agrees they will not duplicate or share the recordings with any other person.
RELEASE, INDEMNITY, AND WAIVER
PLEASE READ CAREFULLY. It is important Client fully understands that there are risks associated with the Services, and ask questions as needed. Client acknowledges and understands that they are waiving certain legal rights by signing this Agreement.
Assumption of Risks
Client expressly assumes all risks related to the Services provided by Coach and any related activities set out in this Agreement.
Client understands that Coach is not qualified to diagnosis or treat any physical, mental or emotional disorders, to provide health care, medical or nutrition therapy services, to diagnose, treat or cure any disease, condition or other physical or mental ailment. Client understands that Coach is not acting in the capacity of a doctor, licensed dietitian-nutritionist, psychologist, or other licensed or registered professional, and that any advice given by Coach is not meant to take the place of advice by qualified medical professionals. Client expressly understands that any information received in relation to the Services and this Agreement should not be seen as medical advice and the Services are not meant to take the place of seeing licensed health professionals.
Client understands and agrees that in using the Services, Coach is not providing individual legal, tax, or accounting advice and any information provided is for general information and educational purposes only.
Client acknowledges Coach makes no warranty that the Services will lead to any specific Client goal, financial success or particular results and Coach makes no promise that each Client will experience the same or similar results as other clients who have engaged Coach for similar services. Client acknowledges that the Services and materials provided are provided without any express or implied warranties of any kind.
No Earnings Guarantee
Client acknowledges Coach makes no warranty or guarantee that Services will lead to any specific earnings, business growth or financial results or that Client will experience the same or similar results as others who use the Services.
Release, Waiver, and Indemnity
Client releases, indemnifies and saves harmless Coach, its directors, officers, agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) from any and all liability and damages arising out of or related to this Agreement, however caused, including negligence. Client agrees to either secure reasonable insurance coverage to cover any costs, losses, damages or expenses, which may be incurred as a result of the Services or if no insurance is secured, Client waives its right to seek legal recourse against Coach for compensation. This clause survives the expiration or early termination of this Agreement.
Limitation of Liability
In the event Coach is found liable for any reason for damages arising directly or indirectly from this Agreement, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed the Fee paid by Client to Coach.
Client grants to Coach an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings, or social media posts containing Client’s likeness, whether captured by Client, Coach, or third party in relation to this Agreement and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to Client and without further notice, grant of permission or right to any financial compensation.
Relationship of Parties
Nothing in this Agreement shall be understood to create an employment, joint venture, or partnership relationship between Coach and Client and Client is hiring Coach as an independent contractor only. For the avoidance of doubt, Coach has sole right to control and direct the means, manner and way in which the Services are provided and may, in their sole discretion, hire assistants, employees, or third-party contractors to assist in delivering the Services.
Governing Law and Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of Alberta and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Edmonton, Alberta.
In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.
This Agreement is effective as of the Program purchase date.