Individual Session Agreement

 

By completing purchase of this Program and clicking the “I Agree” button, you, the purchaser of one or more “Coffee with Jen” session(s) hereby willingly and voluntarily enters into this agreement between Pearls of Encouragement LLC, doing business as Jennifer Douglas, Writer, Author, Influencer (hereinafter referred to as “Consultant” and you, (Hereinafter referred to as “Client.”)

Consultant and Client hereby voluntarily and willingly agree as follows:

For good and valuable consideration of one hundred nineteen ($119) U.S. dollars per Session, or three hundred ninety-seven U.S. dollars ($397) for a pack of four (4) Sessions, Client is electing to purchase one or more single 45-minute Sessions (hereinafter “Session” or “Sessions”) In exchange, Consultant agrees to provide the services outlined in the Session Details below. Client understands and agrees that Consultant will utilize suitable methodologies in accordance with Client’s needs, and in accordance with his/her training, as well as limiting the Session to information, education, and talking through personal experiences only.

  1.  Session Details
    1.  Client agrees and understands that he/she is purchasing one or more single consulting sessions with Consult, designed to assist Client talk through and work through whatever he/she is currently experiencing, and/or answer any questions that arose while reading Consultant’s book or listening to any other information put out by Consultant.
    2.  Client acknowledges that he/she has reviewed this Agreement and conducted any additional research necessary to feel he/she understands what is being provided in the Session 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 Consultant’s website.
    3.  As outlined further herein, Client also agrees and acknowledges that Consultant is not a medical provider nor medical doctor, and will not be providing any sort of medical treatment, diagnoses, or recommended treatment plan within Session; Session will be limited to informational discussions, educational discussions, as well as processes and procedures for decision-making, and other information as deemed useful by Client.
    4. Session is not to be considered a substitute for medical treatment, advice, counseling, or any other professional service. Consultant is not able to, nor will she provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. Session is not designed to treat any mental, emotional, or other medical conditions.

 

  1.  Confidentiality
    1. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Consultant agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, Consulting sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, personal health information, medical information voluntarily shared by either party, mental or physical exercises, or other methodologies Client learns as a result of working with Consultant, information contained in documents or any other original work created by Consultant, and any and all other intellectual property (discussed below.)
    2. Client and Consultant agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Consultant shall survive the expiration of this Agreement and Consultant’s services. This means Client and Consultant both agree to continue to keep Confidential Information private, even after the completion of working with Consultant.
    3. Should Client breach this provision and disclose confidential or proprietary information belonging to Consultant or another participating in the Session, Client understands additional action may be taken by Consultant up to and including legal action.

 

  1.  Intellectual Property Rights
    1. Client agrees and understands that to the extent Consultant has created original, creative works in connection with the Session, and/or provides Client with any worksheets, documents, processes, or other tangible and intangible, original works, Consultant is to maintain all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Session, whether created prior to working with Client or specifically for Client. Client agrees she may be granted a limited right to use selected materials for personal use, but understands that the rights remain with Consultant. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Consultant to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Session.
    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 Consultant or obtained through working with Consultant, without Consultant’s express written consent. If such behavior is discovered or suspected, Consultant reserves the right to immediately end your participation in the Session without refund, as well as access to any Session or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

 

  1.  Payment
    1. Client agrees to render payment in the amount of $119 for a single session or $397 for four sessions via credit card and understands that the full purchase amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Consultant, he/she must complete payment in full before becoming entitled to any products or services included within Session.
  2.  Refund Policy
    1. Consultant is not able to offer refunds once Client has purchased the Session. Client understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued to Consultant.
    2. Client further agrees and understands that changing his/her mind about the Session, failing to follow through or understand the details of the Session, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.

 

  1. Indemnification
    1. Client agrees at all times to defend, fully indemnify and hold Consultant and any affiliates, agents, team members or other party associated with Consultant harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s participation in one or more Sessions, 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 Session. Should Consultant 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 Consultant’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Consultant, free of charge.
  2.  Medical Disclaimer – Not Medical or Professional Advice
    1.  The purpose and goal of Session is to provide Client with encouragement and advice about Client’s individual situation. Session and any content and/or information provided within the Session is not to be considered medical advice, and nothing within the Session is intended to provide or act as a substitute for physical or mental health treatment. Client understands this, and will not use Session to try and obtain any kind of medical diagnoses, treatment plan, or request any treatment plan or discussion on treatment plans from Consultant.

 

  1.  Voluntary Participation
    1.  Client understands and agrees that he/she is voluntarily choosing to enroll in Session and is solely responsible for any outcomes or results. While Consultant believes in her services, Client acknowledges and agrees that Consultant is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications stemming directly or indirectly from Session or Consultant’s education and information provided within Session. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Session and any results therein, and agrees Consultant is not medically responsible or liable for anything related to Client’s current health or medical condition.

 

  1.  Disclaimer
    1. Consultant cannot guarantee results of the Session, and cannot make any representations or guarantees regarding individual results. Client will hold Consultant and Session harmless if he or she does not experience the desired results.
    2. Client understands that all services provided by Consultant in connection with the Session 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 Session and work with Consultant on a purely voluntary basis and does not hold Consultant or Session responsible should Client become dissatisfied with any portion of the Session.
    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 Session, as long as Consultant delivers the Session as described herein.
    4. Client also understands Consultant is not a doctor, nurse, lawyer, financial adviser, licensed therapist, or otherwise, and agrees to hold Consultant harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Session. The content provided by Consultant on his/her website and within the Session is comprised of information that has worked for Consultant and may or may not be useful to Client in his/her life. Client understands Consultant cannot guarantee results from this Session, and has no expectation of a specific result that he or she holds Consultant responsible for.

 

  1.  Dispute Resolution
    1. Should a dispute arise between Consultant 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 Consultant responsible for any specific results, or those results which have been achieved by other clients of Consultant.) If unable to reach a resolution informally, Client and Consultant agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and Consultant 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.

 

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

 

  1.  Amendments
    1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Consultant, or a party authorized to sign on behalf of either party.

Client and Consultant agree this Agreement constitutes the entire agreement between Consultant and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Session or an expectation is not included in this Agreement, it does not apply and is not included within the Session. Client has taken any necessary measures to discuss further and have any questions answered by Consultant or Consultant’s team, and is in full agreement with the terms outlined herein. This Agreement may be signed in counterparts and sent electronically, and electronic signatures may be considered as originals.

 

SESSION OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the Coffee with Jen session. Once the Session is purchased and all Agreements are signed, the Sessions can be scheduled. All sessions in a four-session package must be scheduled within 6 months of the purchase date. The work is to begin on purchase date and run through the end of scheduled sessions. During this time, Consultant will provide the following products and/or services:

  1. Private Client Portal for shared notes.
  2. Scheduling of video sessions through Calendar service
  3. Private Video session via Zoom or other mutually agreed on video platform. for 45-minutes to discuss client’s desired areas of focus.
  4. Sessions will not be recorded for privacy purposes.
  • Private Calls: Client understands he/she is entitled to one forty-five minute private calls with Consultant per scheduled “Coffee with Jen.” Client understands he/she is to schedule each call with Consultant via online scheduling platform (Calendly or other mutually agreed on scheduling platform).
    • Should Consultant need to reschedule call, Consultant will do everything possible to provide client with as much notice as possible, and to reschedule to a mutually agreeable time. If Client is unable to attend the call, he/she agrees to cancel or reschedule at least 24 hours before the scheduled sessions. If cancelation is made within 24 hours of the scheduled call, Consultant will take reasonable measures to reschedule call for Client. If Client is a “no show” for the call and does not provide any advance notice that he/she will not able to make the call, Client understands Consultant is entitled to cancel the call without rescheduling, and may cause Client to forfeit the call.

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