Women & ADHD, LLC Group Coaching User Agreement

Last modified January 2024

IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING THESE PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH THE SYSTEM. BY ACCESSING OR USING THE ONLINE PORTAL, YOU ACKNOWLEDGE THAT:

A) YOU HAVE READ THIS AGREEMENT
B) YOU UNDERSTAND IT, AND
C) YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.

This Agreement (“Agreement”) is a legal contract between you, the Client, and Katy Weber, Women & ADHD, LLC (collectively the “Parties”).

WHEREAS, Katy Weber, Women & ADHD is engaged in this business of client coaching services; and

WHEREAS, YOU desire to engage Katy Weber, Women & ADHD to provide coaching services in the form of online sessions, coaching software, and periodic personal coaching and evaluation;

NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, Katy Weber, Women & ADHD agrees to provide coaching services to YOU in the form of online sessions and software.

IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF Katy Weber, Women & ADHD’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH Katy Weber, Women & ADHD AND CONTACT US IMMEDIATELY AT [email protected].

Presentations, and periodic personal coaching and evaluation (“Program(s)”) are provided to YOU in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2 below. Your access to such Programs is made conditional on payment of such Program Fee.

1.1.2. Term: The Term of this Agreement will commence upon your acceptance of this Agreement and payment of the applicable Program Fee. You agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the services.

1.1.3. Termination: Katy Weber, Women & ADHD may terminate this Agreement at any time in its discretion upon notice to you. Paragraph 3.1 below shall survive termination of this Agreement, binding you to Confidentiality in perpetuity.

1.2. Program Fees: By accepting the terms of this Agreement, you agree and understand that you are committing to pay Katy Weber, Women & ADHD, $497 (or 2 payments of $249) for access to the coaching system, including (but not limited to) the web application, group coaching calls, and a virtual community platform.

1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by Katy Weber, Women & ADHD, you affirmatively agree and acknowledge that Katy Weber, Women & ADHD 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.

1.4. No Refunds: Katy Weber, Women & ADHD 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 Katy Weber, Women & ADHD. 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.

SECTION 2: NO WARRANTIES
2.1. Success Not Guaranteed: By accepting the terms of this Agreement, you agree and understand that Katy Weber, Women & ADHD provides Program(s) related to coaching only and guarantees no specific results. You take full responsibility for your own success. Further, you acknowledge that the role of the coach is not to a) diagnose, prescribe, treat or cure any illness, condition or other physical or mental ailment of the human body; or b) provide health care, medical or nutrition therapy services. Everyone's success results may look different, and are dependent on factors such as drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success.

2.2. Limited Liability: In no event will Katy Weber, Women & ADHD be liable to you or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Katy Weber, Women & ADHD has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

2.3. Commitment to the Program. By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend ALL scheduled Q&A and coaching sessions included as part of the Program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.

SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by Katy Weber, Women & ADHD by personally agreeing to the terms of this Agreement are permitted use and 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.

3.2 Intellectual Property: You acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the coaching platform are the sole Intellectual Property of Katy Weber, Women & ADHD under United States copyright, trademark and other intellectual property laws and international treaties.

You further acknowledge and agree that, as between you and Katy Weber, Women & ADHD, Katy Weber, Women & ADHD 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 Webinar System, 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 coaching platform, or any other intellectual property rights of Katy Weber, Women & ADHD whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Katy Weber, Women & ADHD uses in connection with services rendered by Katy Weber, Women & ADHD are marks owned by Katy Weber, Women & ADHD. 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 Katy Weber, Women & ADHD, 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. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between you and Katy Weber, Women & ADHD concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with Katy Weber, Women & ADHD relating to the Program, whether oral or written.

4.4. Amendment: Katy Weber, Women & ADHD reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement inside the online portal and notifying you.

4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of USA and New York. The venue for any dispute shall be in the State of New York.

4.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.