This Participation Agreement (“Agreement”) as dated upon the date you make your purchase, governs the terms and conditions for participation by the Participant identified below (“Participant”) in a Improve Behavior the WISER Way program (“Program”) created by Parent with a Pro, LLC (“Owner”).
- The Program
The Program is a course and coaching package organized to guide and educate participants through aspects of parenting defiant children and improving child behavior. This Program entitles the client to access the Improve Behavior the WISER Way course for the duration of its existence. Additionally, the Program entitles the purchaser to four fifty minutes coaching sessions with a Parent with a Pro coach. Program Start Date will be the date upon which the Program is purchased (“Program Start Date”). The content of this Program will be provided to Participant upon the Program Start Date but is subject to modification at any time per the discretion of the Owner. Program access will be available to Participant between the Program Start Date and Program End Date ("Enrollment Period") subject to Participant following the Articles as set forth in this Agreement.
- The Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions. Client is further responsible for his/her own choices, actions and results. As such, Client agrees that Coach is not liable for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy for Client and or Client’s children and does not substitute for therapy if needed. Further, coaching does not prevent, cure, or treat any mental disorder or medical disease.
- The Client understands that coaching is not to be used as a substitute for professional advice by qualified professionals (medical, legal or professional) and will seek independent help if such matters arise. If Client/Client’s children is currently under the care of a mental health professional, Coach recommends that such treatment be continued.
- The Client agrees to freely speak with Coach and agrees to be open and honest with Coach. Client further agrees to be open for suggestions and/or feedback and put effort into participating with the coaching and implementing the strategies Coach recommends.
- Coaching Session Procedure:
- The sessions shall be 60 minutes in length.
The time of the coaching meetings will be determined by Coach and initiated by Coach.
If the Client is more than 15 minutes late than the appointed time, the scheduled time will be forfeited by the Client.
- Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound to confidentiality. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. Confidential information does not include information that:
(a) is generally known to the public
(b) was in the Coach’s possession prior to its being furnished by the Client;
(c) is considered common knowledge
(d) is obtained by the Coach from a disinterested third party, without breaking any obligation Coach owes to client
(e) is independently developed by the Coach without using Client’s confidential information
(f) that the Coach is required by law to disclose.
Pursuant to common Coaching practice, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, further coach professional development and/or consultation purposes.
Participant understands that given the group format of this Program, the information provided or shared with the Owner or other participants, whether, in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are confidential.
- Program Fee and Payment Schedule
- For Participants Selecting the Installment Plan:
- Initial Payment - Participant will make their first installment payment (the "Initial Payment") of $47.00 to Owner at time of registrations
ii Remaining Payment Schedule - Participant will make the remaining 12 installments of $47.00 each consecutive month starting 30 days after Initial Payment until the Program Fee is paid in full.
iii. For registrants who opt to pay in full $497 is due at time of registration.
Participant authorizes Owner to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Owner. If payment is insufficient or declined for any reason, Owner has authority to remove Participant from the Program, pursue collection of the balance of the Program fee, and shall have no liability in those regards.
- Cancellation Policy - Requests for Program cancellations, pauses, and/or refunds received by Owner will not be honored and Owner reserves the right to pursue collection of any outstanding balance owed to the Owner for the Program. Changes or substitutions cannot be made to the Program participant.
- Participant’s Conduct
Participant agrees to conduct him/herself within the Program in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other Program participants. Participant acknowledges and agrees that the Owner reserves the right to remove Participant from the Program, without reimbursement, if Owner, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
- Program Access
Program Start Date is the Date Client registers for the program. Program End Date is One Year after Registration for the Program.
Participant understands that his/her Enrollment Period in the Program is for the time between the Program Start Date and Program End date as set forth above. The participant will not have access to the Program and any part in relation thereto after the Participant's Program End Date.
The Program may only be accessed by the Participant - the individual who is the customer on record with the Owner. The Program, including any usernames or passwords, may only be used by Participant as permitted herein and may not be sold or distributed without the Owner’s express written consent.
Participant agrees that the Owner may use any images, audio recordings or video recordings of Participant obtained while enrolled in the Program in connection with the Program, including but not limited to testimonials, web pages, market research. Participant waives any right to payment, royalties or any other consideration for the use of such images, audio recordings, or video recordings. Participant waives the right to inspect or approve the finished product, including written or electronic copy, wherein Participant’s likeness appears. The Owner is hereby held harmless, released, and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf of the Participant’s estates have or may have by reason of this authorization.
- Intellectual Property
All intellectual property rights in and to the Program, the Program Content, and all materials distributed at or in connection with the Program are owned by the Owner or the Program partners presenting during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at, or provided in connection with the Program for any reason without the prior written permission of the Owner.
- Disclaimer of Warranties
The Owner gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Owner offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Owner does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.
- Force Majeure
Owner shall not be liable for any failure or delay in the performance of this Agreement if such failure or delay is due to causes beyond Owner's reasonable control, including but not limited to acts of God (such as earthquakes, tornadoes, floods, etc.), war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon the occurrence of any force majeure event, the Owner relying upon this provision shall give written notice to the Participants of its inability to perform or delay in completing their obligations in regards to Articles 1 and 2.
- Governing Law; Venue; Dispute Resolution
This Agreement shall be governed by the laws of the State of Utah and any disputes arising from it must be handled exclusively in Weber County, Utah. The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through electronic correspondence. The Parties further agree that their respective good faith participation in any electronic correspondence is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures with the exception of those items outlined in Article 2 relative to the amount owed for the program. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
- Entire Agreement; Waiver
This Agreement constitutes the entire agreement between the Participant and the Owner and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Owner shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Owner.
- Effect of Headings
The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
I agree to the terms and conditions of this contract.