The information in our online course is for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice. The 5 step-process, exercises and activities in our online course is intended for people who are trying to figure out what to do next with their lives. However, we make no representations, guarantees or warranties that the information or exercises in our online course is appropriate for you or will result in improvement of your life circumstances or choices. The information in our online course is by no means complete or exhaustive and therefore does not apply to everyone in their unique situations.
By purchasing this online course, Kennedy Coaching + Consulting LLC. grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted online course and any associated materials solely for your own personal and non-commercial use. Our online course is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our online course is strictly prohibited. Your purchase of our online course does not grant you any ownership rights to our online course. Any breach in the terms of this agreement may result in termination of your access to the online course materials.
Our online course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.
All sales are final for online courses. Kennedy Coaching + Consulting LLC is 100% committed to helping you succeed. If you can show us that you’ve gone through all of the content, completed every exercise and activity, dedicated the recommended time and energy, did the work (really), and still haven’t experienced what you were hoping to get from this course, we insist that you reach out within 60 days to get 100% of your investment back.
THE CONTENT PROVIDED IN OUR ONLINE COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KENNEDY COACHING + CONSULTING LLC., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. KENNEDY COACHING + CONSULTING LLC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. KENNEDY COACHING + CONSULTING LLC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL KIMBERLEY BELL OR HER CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIMBERLEY BELL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of California without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement
We are excited you have chosen to participate in the coaching portion of this online course and have positive expectations that this will help you on your journey to create a life you love. To work together, you (as the client) and Kennedy Coaching + Consulting LLC (the “Company”) agree to the following terms and conditions of this Coaching Agreement and Release (this “Agreement”) pursuant to which the Company will provide you with the coaching services of (your coach):
Coaching is working partnership (but not a legal business partnership) between the coach and the client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
Your coaching + consulting session(s) will require active participation from both you and your coach. You are the expert of your own life and your coach will support you as you take the next steps in your journey toward a happier, more fulfilling and successful life. Your coach may work with you on your career, lifestyle, health challenges, work life balance, sense of purpose, and relationships.
2) Coach-Client Relationship
A. Coach Commitments
B. Client Commitments
The time, schedule and location of our coaching sessions will be mutually agreed upon by you and your coach. All scheduling is done through Calendly. If you need to book, reschedule or cancel an appointment, you can do so via your coach’s calendar.
Unless you make other arrangements, please call your coach directly at your scheduled time. If your coach will be at any other number for a scheduled call, she/he will let you know prior to the scheduled appointment time.
Between Calls: You can email your coach with ideas, problems, questions, etc. If you wish to connect with her/him in between sessions with a challenge, a success or an inquiry, unless she/he is away, she/he will make every attempt to respond to your e-mail as soon as practical, with an email, text or short phone call at her/his discretion. In most cases, this may take up to 24 business hours. Your coach is happy to provide this extra level of service at no additional charge.
The coaching fee is payable to “Kennedy Coaching + Consulting LLC”. You acknowledge that you can financially afford the coaching fee at this time. You agree to pay (or be autocharged) before the first session in your coaching package, on the first of the month for that month's fee, or as we otherwise agree in writing. You agree that, ultimately, it is your responsibility that you pay for the services provided to you.
This coaching relationship, as well as all information of a confidential personal nature that you share with your coach as part of this relationship, is confidential. Your coach agrees not to disclose any such information without your consent, except as required by law. Certain topics or stories may be anonymously and hypothetically shared, but your coach will not disclose your name as a reference without your consent. For the purposes of this agreement, confidential information does not include information that: (a) your coach is required by statute, lawfully issued subpoena, or by court order to disclose; (b) is disclosed to her/his and as a result of such disclosure she/he reasonably believes there to be an imminent or likely risk of danger or harm to you or others; or (c) involves illegal activity. Please be aware that the coach-client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications between you and your coach are not subject to any legally recognized protection outside of the terms of this Agreement.
6) Cancellation Policy/Termination
Coaching calls that are purchased as part of the Discover Your Next course must be scheduled and used within 12 weeks of course enrollment.
If you need to cancel or reschedule, please give your coach 24 hours’ prior notice. If you do not show up for a scheduled call, for any reason, and provide no notice, you will be charged for the session and you will not be able to make up that time. If your coach needs to reschedule, she/he will give you at least 24 hours’ prior notice as well, barring an emergency or illness. Either you or your coach may discontinue the coaching relationship at any time, provided that you agree to provide 2 weeks’ written notice prior to ending the relationship. You agree to compensate the Company for all coaching services rendered through and including the effective date of termination of the coaching relationship.
7)Intellectual Property Rights
The Company owns any and all intellectual property rights in and to the materials provided to you by your coach. Such materials are for your personal and professional use and benefit and you agree that you will not use, disclose, or sell any such materials (or any derivative materials based upon or incorporating portions of the materials provided to you) to any third party, including for the purpose of providing coaching or consulting services or otherwise.
8) Limited Liability
Except as expressly provided in this Agreement, the Company and your coach make no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the subject matter of this Agreement, the coaching services negotiated, agreed upon or rendered hereunder or the coaching relationship. In no event shall the Company or your coach be liable to you for any indirect, consequential or special damages. Notwithstanding any damages that you may incur, my entire liability under this Agreement, and your exclusive remedy for any claims hereunder, shall be limited to the amount actually paid by you to the Company under this Agreement for all coaching services rendered through and including the termination date for the 12 month period prior to such termination.
By engaging in the coaching relationship contemplate by this Agreement, you are participating voluntarily and YOU ASSUME FULL RESPONSIBILITY FOR YOUR HEALTH AND ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY that may be sustained by you as a result of such participation. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE your coach, the Company (and any successors-in-interest thereto) and its directors, officers, employees, contractors and agents ("releasees") from all liability to you and your personal representatives, assigns, heirs, and next of kin for any loss or damages, and any claim or demands therefor, on account of injury to your person or property, whether caused by the negligence of the releasees or otherwise while you are participating in such coaching relationship, provided that the foregoing shall not apply to any breach of this Agreement by the Company.
This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws provisions. This Agreement reflects the entire agreement between you and the Company and reflects a complete understanding of the parties with respect to the subject matter hereof. This Agreement supersedes all prior written and oral representations between you and the Company or between you and your coach and may not be amended, altered or supplemented except in writing signed by both you and the Company. In the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
CLIENT, BY PURCHASING THE COACHING PORTION OF THIS ONLINE COURSE FROM KENNEDY COACHING + CONSULTING LLC, YOU CONFIRM:
Kennedy Coaching + Consulting LLC
PO Box 1552
Topanga, CA 90290
Tracy Kennedy, its Managing Member