Loving Me First Coaching Programs

Effective: January 1, 2024

TERMS & CONDITIONS

ENROLLMENT AGREEMENT

By clicking “I Agree,” emailing your statement of agreement, entering your credit card information in the purchase of services, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Breakthrough Counseling Education Center, Inc. (The Loving Me First Coaching Program) on behalf of any and all employees or contractors (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

SERVICES

(A) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of seminar, consulting, coaching, and/or business coaching (the “Program”).

(B) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.

(C) Parties agree that the Program is in the nature of coaching and education, not therapy or therapeutic services.

(D) The scope of services rendered by the Company pursuant to this contract shall be solely limited to those contained therein and provided on Company’s website as part of the Program.

(E) Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.

FEES

(A) Client agrees to pay fees to the Company according to the payment schedule set forth on contract or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).

(B) Company shall charge a 10% (ten percent) for late fees on all outstanding balances not paid by the date or dates as agreed between the parties.

(C) If Client fails to make payment in a timely manner in accordance with the contract and these Terms & Conditions or voluntarily decides to withdraw from our Programs, Products, or Services at any time or for any reason whatsoever, Client still will remain fully responsible for the full cost of the Programs, Products and/or Services. Otherwise, access to the Programs, Products, and/or Services will be restricted until the full payment is received.

REFUNDS

(A) Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.

(B) If client cancels attendance at, or participation in, the Program for any reason whatsoever after the 14-Day guarantee period, Client will not be entitled to receive a refund outside of written exceptions given by Company.

(C) If Company cannot render a portion of the Program as agreed and no suitable rescheduling can be arranged, then the Company will provide up to 3 coaching sessions. No refunds or cancellations of services.

(D) Access is based on the client’s current status with payments.

(E) Please do not download and leave. Client shall not join for the sole purpose of downloading all coaching content and then requesting a refund or cancellation.

(F) Live workshops are not downloadable. The only contents that may be downloaded to your personal machine are the workbooks and audio from each masterclass. The videos from each masterclass are not to be downloaded to your personal machine.

If we are notified that you are downloading the live workshops or our entire library of information with the intention to cancel, your access will be immediately revoked.

(G) If there is a written agreement between the Company and Client about a flexible start day in any of the Programs, Client can start any time as long as the Program runs. In case Programs are not offered any longer, the Client will be offered up to three coaching sessions. No refunds will be offered.

CHARGEBACKS AND PAYMENT SECURITY

(A) To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.

(B) If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.

(C) Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

(D) Based on the explicit and clear Refund Policy stated in these Terms & Conditions, Company does not tolerate or accept any type of chargeback threat or actual chargeback from Client’s credit card company. In case of a chargeback, Company reserves the right to report the incident to all three credit reporting agencies or any other entity for inclusion in any chargeback database or for listing as a delinquent account which could negatively impact Client’s credit report score. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

(E) PAYPAL BUYERS:

For members making their monthly membership payments through PayPal, it is your responsibility to ensure your bank card details are correct and up to date. You can update your information by following the steps on the PayPal site.

If you wish to cancel your membership with Loving Me After We, you must cancel your recurring payment directly with PayPal to prevent any future payments. You can do this on PayPal’s site, just as you did when making the purchase.

Please familiarize yourself with PayPal’s Privacy Policy if you choose this payment gateway for your membership. Loving Me After We is not liable for any late payment fees or failed payments reclaimed by PayPal.

NO RESALE OF SERVICES PERMITTED

(A) Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Program (including course materials), use of the Program, or access to the Program.

(B) This agreement is not transferrable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.

NO TRANSFER OF INTELLECTUAL PROPERTY

(A) Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license.

(B) Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the

Company’s copyrighted and original materials, for Client’s business purposes.

(C) Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.

(D) All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company.

(E) No license to sell or distribute Company’s materials is granted or implied by the enrollment or by the payment of any fees.

(F) Client shall not join for the sole purpose of downloading all membership content and then requesting a refund or cancellation. Access and admission are granted as long as you are an active member. However, this does not give any client or member permission to download all content at any time.

(G) Live workshops are not downloadable. The only contents that may be downloaded to your personal machine are the workbooks, slides, and audio. The videos are not to be downloaded to your personal machine. If we are notified that you are downloading the live workshops or videos, your access will be immediately revoked with no refunds given.

LIMITATION OF LIABILITY

(A) By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates, and related entities from any and all damages that may result from the provision of the services to the Client.

(B) The Program is an educational/coaching service only. It is not therapy nor intended to replace therapy.

(C) Client agrees that he/she accepts any and all risks, foreseeable or unforeseeable, arising from such services.

(D) In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:

(E) All claims against Company must be lodged within 7 days of the date of the cause of action arising or otherwise the right of action is forfeited.

(F) Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program.

(G) Client agrees that he/she uses Company’s services at Client’s own risk.

DISCLAIMER OF GUARANTEE

(A) Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program.

(B) Client accepts and agrees that Company cannot control the Client’s responses to the provision of the services under this Agreement.

(C) Company makes no representations or guarantees whatsoever regarding the performance of this Agreement other than those specifically stated herein.

(D) Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.

(E) Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same or similar results.

PRIVATE 1:1 COACHING CANCELLATION POLICY

(A) Company has a 24-hour cancellation policy for Private 1:1 coaching sessions. If you cancel your private session less than 24 hours before the coaching session, the session will be forfeited. All sessions are pre-paid.

(B) Company has a 48-hour cancellation policy for Private Intensives and Full VIP Days. If you cancel a Private Intensive or Full VIP Day less than 48 hours before it takes place, it will be forfeited.

(D). Coaching Retreats packages has a 15 Day cancellation policy. If the Coaching Retreat is canceled less than 15 days before it takes place, it will be forfeited.

COURSE RULES

(A) To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.

(B) Client agrees to abide by any Course rules and/or regulations presented by Company.

(C) The failure to abide by Course rules and regulations shall be a material breach of this Agreement and, therefore, sufficient cause for immediate termination of this Agreement by Company.

(D) In the event of such termination, Client shall not be entitled to a refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

NO SUBSTITUTE FOR MEDICAL TREATMENT

(A) Client agrees to be mindful of his/her own health and well-being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.

(B) Company’s Loving Me First coaching programs do not provide and does not hold itself out as providing medical, therapy, or psychotherapy services. The services are solely educational/coaching services.

(C) Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

TERMINATION

(A) In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable.

(B) Company shall be allowed to collect all sums due from Client immediately and to terminate this Agreement without providing further services to Client.

(C) In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.

CONFIDENTIALITY

(A) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.

(B) Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client.

(C) Company shall keep the Confidential Information of the Client in the strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

(D) Client assumes the risk of information in the Loving Me First Community and Programs. However, the best efforts are to encourage all members to be active, committed members to safeguard, protect, and misuse the information discussed within the community.

DISPUTES

(A) In the event that a dispute arises between the Parties, then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled, then either party may commence further action in the venue stated below.

(B) In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

INDEMNIFICATION

(A) Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors, and successors from and against any and all liabilities and expenses whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – 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 service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors, and successors.

(B) Client shall defend Company in any legal actions, or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.

(C) Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors, and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this Agreement and any materials used by the Company, the Company’s representatives, or employees, the provisions of this Agreement shall prevail.

CHOICE OF LAW

(A) This Agreement shall be governed by and construed in accordance with Florida Law without giving effect to any principles or conflicts of law.

(B) The Company is entitled to be reimbursed for all reasonable legal fees from the Client.

ENTIRE AGREEMENT

(A) This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written.

(B) This Agreement may be modified only by an instrument in writing duly executed by both parties.

SURVIVAL

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to the payment of sums owed set forth in this Agreement, and any other provisions that, by their sense and context, the parties intend to have to survive, shall survive the termination, for any reason, of this Agreement.

SEVERABILITY

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

OTHER TERMS

(A) Upon execution by purchasing, clicking “I agree” or emailing a statement of agreement, purchasing a subscription, or signing below, or on the reverse of this document, the Parties agree that the terms of THIS AGREEMENT shall bind any iindividual, associate, and/or assign.

(B) A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.