Terms of Use (Coaching)

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of a one-on-one strategy session ("Program") outlined below (hereinafter “Client”) agree and willingly purchase entry into the Program to be provided with services rendered by McMichael Consulting LLC, an Arkansas Limited Liability Company (hereinafter referred to as “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: 

Coach and Client hereby voluntarily and willingly agree as follows:

For good and valuable consideration, Client has agreed to purchase a One on One, Strategy Coaching Session (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.

1. Program Details

a. Coach will provide the following services to client including either:

A 45-minute Strategy session will include a 45-minute Zoom call.

OR

A 90-minute Intensive session will be scheduled via Zoom as follows: 45 minute session 15 minute break 45 minute session (for a total of 1 hour 45 minutes on the calendar)

OR

A 5-hour VIP session will include a 4-hour VIP session + an additional 1-hour call to be completed within 7 days of the first session (via Zoom). The schedule for the VIP day is as follows: 60 minute session 15 minute break 60 minute session 30 minute break 60 minute session 15 minute break 60 minute session (for a total of 5 hours on the calendar + an additional 1-hour within 7 days of the original call)

b. Private Calls: Client understands he/she is entitled to the above calls with Coach as part of the Program, to be scheduled between Client and Coach once the investment is complete. All calls must be scheduled and completed within 60 days of the completed investment. Client understands he/she is to schedule each call with Coach via email.

i. Should Coach need to reschedule call, Coach will do everything possible to provide client with as much notice as possible, and to reschedule to a mutually agreeable time.

ii. If Client learns she is unable to attend the call, Client agrees to cancel or reschedule the call at least 24 hours prior to the scheduled sessions. If cancellation is made within 24 hours of the scheduled call, Coach 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 Coach is entitled to cancel the call without rescheduling, and may cause Client to forfeit the call.

2. Confidentiality

a. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below.)

b. Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep Confidential Information private, even after the completion of working with Coach.

c. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach, Client understands additional action may be taken by Coach.

3. Use of Confidential Information

a. Throughout the course of the Program, Coach understands she may be granted access to Client’s personal information. Client agrees she is hereby giving these to Coach on a voluntary basis, and understands Coach will not utilize this information beyond her need, and will not share information with anyone other than her team, who will utilize the information in serving the client ONLY. Client understands Coach is not responsible nor liable, nor will Client hold Coach responsible or liable, should Client’s personal information be shared due to computer hacking or other unauthorized, illegal tampering of Coach’s business.

4. Intellectual Property Rights

a. 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 (excluding the client’s website and client’s creatives, per subsection (b) below), 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, tutorial videos, guides, 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 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.

b. 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 your participation in the Program without refund, as well as access to any program 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.

c. 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:

i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;

ii. Post, distribute, copy, steal or otherwise use any portion of the Program or its content 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.

iii. Share purchased materials, information, content with others who have not purchased them.

iv. 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.

d. Rights to Work Completed

i. Client understands and agrees that any done-for-you work is to be completed as a “Work for Hire” and Client will be assigned right to all Intellectual Property in the website following the end of the program. However, Client agrees Coach may use portions of the work completed for the purpose of displaying the work on Coach’s website, for advertising purposes. Client agrees that Coach is hereby granted this permanent, irrevocable license to use and display the work completed as Coach desires, on her website. Coach will advise Client if and when she chooses to showcase portions of the website.

e. Content Provided by Client

i. If Client provides Coach with any original content to be placed on his or her website, Client certifies she owns the intellectual property rights in any graphics or content that is provided for display on Client’s website or membership site. Should it be determined at a later date that Client did not have sufficient rights to the content or graphics Coach used in creating the website, Client agrees to fully indemnify and hold Coach harmless from any action taken by the rightful owner of any content or graphics used, and releases Coach from any such claims.

5. Payment

a. Client agrees to render payment via Stripe or Paypal and understands that the full purchase amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Coach, he/she must complete payment in full before becoming entitled to any products or services included within Program.

6. Payment Plan:

a. N/A - There are no payment play options for this service.

7. Refund Policy

a. Coach is not able to offer refunds once Client has purchased the Program. Client understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued to Coach.

b. Should Coach experience an unforeseen event causing her or her team to become unavailable or otherwise unable to complete the Program, Client may be entitled to a partial refund on a case-by-case basis, based upon the portion(s) of the Program unable to be delivered by Coach. Reasonable, minor changes or modification to the Program made by Coach do not qualify as an inability to deliver services, and do not qualify Client for a refund.

c. Client further agrees and understands that changing her mind about the Program, failing to follow through, or experiencing any other similar situations does not entitle her to a refund.

8. Indemnification

a. 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 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.

9. Disclaimer

a. Client agrees and understands that Coach cannot guarantee any specific results, outcomes, or changes to Client’s current situation, and will hold Coach harmless if he or she does not experience the desired results. Client is entering into this agreement voluntarily and of his or her own free will, and readily understands that he or she may or may not experience results desired, or achieved by other clients of Coach.

b. 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 responsible should Client become dissatisfied with any portion of the Program.

c. 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 his or her work with Coach, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.

d. Client understands and agrees that should Coach or Coach’s team provide any personal technical assistance to Client, including but not limited to editing, creating, updating, or fixing a portion of Client’s website or any technical component of his or her business, Client will hold Coach harmless for any inadvertent human errors made in the process. This may include (but is not limited to) inadvertently selecting an incorrect item on a dropdown menu during setup, or otherwise making an editable error of similar kind.

e. Client also understands and agrees to hold Coach harmless from any issues – technical or otherwise – arising from the use of any programs or software systems chosen by Client, including but not limited to how Client wishes to take payment, automate email sequences, which CRM and website host to use, and other similar decisions made by Client. Coach may provide advice or tips with respect to which program or system to select, but Client agrees it is ultimately his or her decision, and agrees Coach is not liable or responsible for any malfunction or negative experiences associated with these systems.

f. Review of Work: Client agrees he or she is responsible for reviewing any and all technical work completed by Coach prior to completion. Client understands should he or she fail to adequately review Coach’s work and an error is not caught prior to completion of work, or should Client and Coach fail to catch an inadvertent error, Coach is not responsible nor liable for any negative ramifications or effect of such error on Client’s business or experience, and Client agrees not to hold Coach responsible for same.

10. Dispute Resolution

a. 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.) 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 Springdale, Arkansas, 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 judgment of law or decree.

11. Applicable Law

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

12. Amendments

a. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party. Client and Coach agree this Agreement constitutes the entire agreement between Coach 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 Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Coach or Coach’s team, and is in full agreement with the terms outlined herein.