The "Agreement" is a legal contract between Vegan Coach Tenny and you, the client (collectively the “Parties”).
WHEREAS, Vegan Coach Tenny is engaged in the business of vegan and plant-based coaching; and
WHEREAS, you desire to engage Vegan Coach Tenny to provide coaching services to you in the form of one-on-one coaching session(s);
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Coaching Fees
1.1. Programs: Under the terms of this Agreement, Vegan Coach Tenny agrees to provide you access one-on-one coaching session(s) for a one-time fee (current fee displayed above on this webpage).
1.2. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by Vegan Coach Tenny, you affirmatively agree and acknowledge that Vegan Coach Tenny may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in such Program(s), including any specific results experienced by you over the course of such participation. You agree and acknowledge 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 over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.3. No Refunds: Vegan Coach Tenny abides by a strict, no refund policy. By accepting the terms of this Agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Vegan Coach Tenny. You agree that no refund or reimbursement will be given to you in the event of early termination of this Agreement, for whatever cause. You further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), you are taking full responsibility for your OWN success. Thus, you agree that you will not request a refund. You agree that any deposit given to Vegan Coach Tenny in relation to the Program is not refundable.
SECTION 2: NO WARRANTIES
2.1. Success Not Guaranteed: By accepting the terms of this Agreement, you agree and understand that Vegan Coach Tenny provides Program(s) related to coaching only and guarantees no specific results. You take full responsibility for your own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own situation, drive, dedication, and motivation. Any examples of success stories or testimonials are not meant as a promise or guarantee of your own success. I do not guarantee results, you are responsible for your own success.
2.2. Limited Liability:
Client is solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions and results arising out of or resulting from participating in these programs. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. Client understands that the content provided in these programs is for informational purposes only and is not a substitute for medical advice. If you are seeking medical advice or treatment, see a qualified healthcare provider.
SECTION 3: Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with Vegan Coach Tenny is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. Vegan Coach Tenny agrees not to disclose any information pertaining to the Client without the Client’s written consent. Vegan Coach Tenny will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in Vegan Coach Tenny's possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by Vegan Coach Tenny from a third party, without breach of any obligation to the Client; (d) is independently developed by Vegan Coach Tenny without use of or reference to the Client’s confidential information; or (e) Vegan Coach Tenny is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Vegan Coach Tenny and as a result of such disclosure Vegan Coach Tenny reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Vegan Coach Tenny in a timely manner.
3.2. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by Vegan Coach Tenny by personally agreeing to the terms of this Agreement are permitted use and to participate with such Programs. Except as expressly authorized by this Agreement, you shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.3. Intellectual Property: You acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements provided in this system are the sole Intellectual Property of Vegan Coach Tenny under United States copyright, trademark, and other intellectual property laws and international treaties. you further acknowledge and agree that, as between you and Vegan Coach Tenny, Vegan Coach Tenny and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the system here, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the system here, or any other intellectual property rights of Vegan Coach Tenny, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Vegan Coach Tenny uses in connection with services rendered by Vegan Coach Tenny are marks owned by Vegan Coach Tenny. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to you. You may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: you will, at your own expense, defend, indemnify, and hold Vegan Coach Tenny, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Amendment: Vegan Coach Tenny reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.vegancoachtenny.com.
4.4. Binding Agreement: you hereby acknowledge that this Agreement constitutes a valid obligation which is legally binding upon you and that such Agreement was signed by you or your authorized representative or representatives.
BY AGREEING TO THE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
All notices required to be given under this agreement shall be deemed given when delivered by email, by certified mail, return receipt, or on the next business day following delivery by facsimile transmission if a facsimile telephone number is shown below. The parties may change their addresses at any time by written notice in the same manner as for any other notice.