Sonya Eckel LLC Coaching
Terms & Conditions Agreement

Terms & Conditions Agreement for "Multiplication Transformation" Coaching

 

The "Multiplication Transformation" ("Program") Agreement is made between Sonya Eckel LLC d/b/a Sonya Eckel ("Coach" or "We") and the individual agreeing to these terms and conditions ("You" or "Client"). Sonya Eckel LLC and You each acknowledge and agree to the following terms and conditions.

 

When You accept these Terms & Conditions, the Parties have agreed that Client would like to participate in the "Multiplication Transformation" Coaching (“Program”) facilitated by Coach, which is more fully described in Exhibit A (the “Deliverables”). The Parties agree to the following:

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1. Terms. This Agreement shall be effective as of the date of initial payment and shall continue until completion of the Program outlined in Exhibit A. You agree to to complete all payments, including the down payment, regardless of Your level of participation in the Program. If a payment plan is chosen, the payments will be completed according to the original payment agreement. Occasionally We will offer discounts on the programs. If you make a purchase and We offer a discount on the program in the future, you are not granted a refund of the difference. 

You may NOT distribute, modify, transmit, reuse, report or use the content of the site for public or commercial purposes including the text and images without the corresponding written permission.

You, also, may NOT distribute, sell, transmit, or share product access, membership passwords, user login information in any way. If you have purchased a product or course from Sonya Eckel LLC and it is found out that you are sharing your user information or somehow giving access (paid or free) to others, your account will be terminated without refund.

2. Compensation. Client shall pay Coach the fees in US dollars as indicated on invoice &/or written agreement. Failure to pay may result in temporary or permanent suspension of access to the Program. In the event that Coach incurs legal fees, costs, or disbursements in an effort to collect its invoices, in addition to interest on the unpaid balance, Client agrees to reimburse Coach for all such expenses.

3. Relationship of the Parties. It is understood by the Parties that Coach is an independent contractor. Coach understands that Coach is responsible to pay, according to law, Coach’s income and employment-related taxes.

4. Termination. Coach reserves the right to terminate this Agreement at any time. If Client is in breach of this Agreement, including the Group Participation Agreement, no refund will be due to Client under any circumstances.

You, the purchaser, may cancel this transaction up to midnight of the third (3rd) day after the date of purchase. 

Client may terminate this Agreement at any time, but after the 3-day period has passed, all sales are final and no refunds will be granted, no modifications to your purchase will be granted and you are committed to complete all payments. Additionally, if Client has elected to pay the fees for the Program through a payment plan, Client will remain responsible for paying the balance in full. Please review the refund policy detailed in Exhibit A for additional information.

Coach reserves the right to make exceptions to this refund policy in extenuating circumstances, which will be solely in Coach’s discretion.

5. Confidentiality. The Parties agree that neither party shall authorize the other to disclose to any third party any confidential information without prior written consent, except as may be necessary to establish or assert rights hereunder, as required by the laws of the applicable jurisdiction or by court order. Confidential Information includes business methods, business policies, business strategies, business plans, procedures, techniques, research, or any other relevant details relating to or dealing with the business operations or activities of the Parties. Confidential information is not limited to a specific medium and can be oral, written or physical in format. The confidentiality obligations set forth in this Agreement shall survive 10 years after termination or expiration of the Agreement.

6. Disclaimer. Client understands that coaching is not advice, therapy, or counseling and may address specific personal projects, business ventures, or general conditions in Client’s life or profession. Throughout the Program, Coach will provide suggestions and Client takes full responsibility for the decisions and actions Client takes.

Client understands that Client’s results are up to their willingness to receive coaching, take action, and continue to implement what Client is learning. Throughout the Program, Coach will engage in direct and honest conversations. Client understands that the coaching relationship is controlled my Client and Client must ask for coaching, speak up, and take ownership of Client’s transformation in the Program.

Client understands Client’s responsibility in achieving success in the Program and therefore understands that there is no guarantee that Client will see positive results from the Program. Coach assumes no management responsibility for Client's decisions or for policies or practices that Client implements. Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Coach makes no guarantees regarding results, present or future. Coach is not responsible for Client's earnings, income, sales, or any other business performance as a result of Client's participation in the Program.

7. Use of Likeness. You agree and accept that We are authorized to record, photograph, or otherwise capture Your likness, voice, images, interviews, and statements made in connection with Your participation in the Program (except of private coaching sessions). You hereby assign to Sonya Eckel LLC all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the Program for advertising, marketing, documentary, training, or any other lawful purpose.

8. Ownership of Intellectual Property. All original materials provided by Coach to Client as part of the Program are owned by Coach. Any original materials are provided for Client's individual use only. Client is not authorized to use or transfer any of Coach's intellectual property. All intellectual property remains the property of Coach. No license to sell or distribute is granted or implied.

9. Indemnification. Client agrees to defend, indemnify, and hold Coach, its affiliated companies and its respective employees, officers, directors, trustees, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) which they suffer as a result of Client's action(s) under this Agreement.

10. No Warranty/ No Guaranteed Results. You acknowledge that We have made no promises on expectations of results. Nothing has been implied or expressed in terms of expected outcomes by Sonya Eckel LLC or anyone acting or claiming to act on behalf of Sonya Eckel LLC unless they are part of this Agreement. Throughout this Program We explain, illustrate, and demonstrate numerous concepts, tools, and principles to doing business, marketing, sales, etc. You further understand all testimonials shared during this Program are not typical and results will vary depending on personal efforts. You acknowledge that some of the strategies and concepts you learn may need to be modified or avoided in the future. All information, products, and services should be carefully considered and evaluated before reaching a business decision, on whether ot take any action (or refrain from acting). You agree that We are not responsible for the success or failure of Your business decisions relating to any information presented during the Program or elsewhere by Sonya Eckel LLC. All advertising material and all prior representations or agreements, if any whether oral or written, are hereby superseded by this Agreement. No addition or modification of any terms shall be effective unless set forth in writing and signed by You and Sonya Eckel LLC. No salesperson or any other agents of Sonya Eckel LLC has the authority to modify the terms of this Agreement. You agree and accept that the Program is not intended to and does not provide You or Your business with any legal, tax, financial, or accounting advice.

COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”

11. Limitation of Liability. Client agrees that it has used Company's services at its own risk. Client releases Company from any and all claims of damages that may result from any claims arising from thie agreement, all actions, causes of action, contract claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from this Agreement. 

12. Choice of Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America.

13. Dispute Resolution. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

14. Assignment. This Agreement shall not be transferred or assigned, in whole or in part, by either Party to any third party without the express written consent of the other Party.

15. Notice. Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing to the addresses in the signature block. Electronic mail is permissible but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.

16. Disclaimer of Warranties. The Program and Website is provided "as is" with all faults and no warranties. Sonya Eckel LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permissible pursuant to applicable law. Neither Sonya Eckel LLC nor its suppliers and licensors, makes any warranty that the Course and accompanying website: i) will meet your requirements; ii) will be error-free or that errors will be corrected; iii) that access thereto will be continuous or uninterrupted; iv) will be free of viruses or other harmful components; v) will have security employed that will be sufficient against interference with your enjoyment of the website or against infringement; vi) will result in any specific health related outcome; vii) will be accurate or reliable. You understand that the Website, the products and/or services offered on the Website may contain bugs, errors, problems or other limitations, therefore you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Sonya Eckel LLC is not liable for the availability of the underlying Internet connection associated with the website. No advice or information whether oral or written obtained by you from this Website shall create any warranty not expressly stated in the Agreement. 

17. Miscellaneous.

1. If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.

2. Any rights or obligations contained herein that, by their nature, should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.

3. Any failure of either party to enforce any provision of this Agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of, that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.

4. The Agreement may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties. The parties expressly agree that with respect to this Agreement, a facsimile or electronic signature or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged shall be binding upon the parties.

5. This Agreement, along with all attachments, represents a single agreement, as well as the entire agreement with respect to the subject matter. This Agreement supersedes any prior agreement between the Parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.

6. This Agreement constitutes the entire agreement between Sonya Eckel LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sonya Eckel LLC, or by the posting by Sonya Eckel LLC of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Sonya Eckel LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their successors.

 

EXHIBIT A

SCOPE OF WORK

Name of Program: Multiplication Transformation

Hosted by: Sonya Eckel, LLC.

Timeline: The Program will last for 12 months. Access to the Deliverables will end on the Friday following the last Program Coaching call.

Program Deliverables: During the Program, Client will have access to:

• The Program portal (“Portal”), which houses all Program Materials and recordings of Coaching Calls;

• Online Program Materials (“Materials”), which includes video and may include other documents, like templates or workbooks;

• The Program Facebook Group, which is described more below; and,

• Coaching Calls, which are recorded and saved in the Portal.
   

Coaching Calls: This 12-month Program includes three 60-minute group coaching & training sessions per month (excluding holidays), with a total of 3 sessions per month with Coach or guest coach (“Coaching Calls”). All Coaching Calls are conducted via video conference (Zoom). Client is expected to be present and prepared for Coaching Calls.

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Coaching Calls will be on three Thursdays per month, each happening at 11:00 am Central/ 12:00 pm Eastern. It is the Client’s responsibility to schedule the necessary things to ensure they are fully ready and present for the call each week. Due to the nature of the Coaching Calls, if Client misses a session, no make-up sessions are available but recordings will be available in the Program portal. Coach reserves the right to reschedule time/date of the Zooms in the occasion of holidays or unusual travel or family circumstances.

 

Program Facebook Group:

Program members may interact through the private Facebook group created for the program (“Program Facebook Group”). The Facebook group will serve to provide additional support between calls and to answer participant questions.

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Participation Guidelines

All Program members agree to abide by the Participation Guidelines, attached hereto as Exhibit B.
 

Program Fees:
 

Payments: At the time of enrollment, you will elect to pay the Program Fees in full or through an agreed upon payment plan. If Client selects a monthly payment plan, Client agrees that Client will be responsible for making all payments due, until the full amount of the Program Fee is paid in full. Client will be required to keep an active credit card on file for the duration of the payment plan.

When Client provides a credit card, Client is authorizing Coach to charge the credit card for all payments due.

If, at any time, a payment cannot be completed due to a change in credit card number, Client’s access to the Program will be suspended. Access will be restored upon completion of your payment.
 

Refund Policy:

No refunds are available.

Client acknowledges that Client has reviewed this refund policy and is aware that no refunds are available. Coach does not tolerate chargebacks or disputes on valid charges under this Agreement. If Client fails to pay, Coach reserves the right to send these amounts to a collection agency for processing, which may result in a negative impact to Client’s credit score.
 

EXHIBIT B
Group Program Participation Agreement

Coach is hosting the Program, of which Client is a member. The following are Client's rights and responsibilities as a Program participant ("Program Participant"). Client understands that the Program is hosted in a group format and there will be multiple Program Participants in addition to Client.

Any violations of this Group Program Participation Agreement may result in immediate dismissal from the Program. In the event that a Program Participant is dismissed for a violation, Coach will terminate the Agreement and no refund will be due to Client. Coach’s sole discretion will be used to determine if a Program Participant is in violation.

1. Company Affiliation. Program Participants may work with competing companies. At no time should Client disclose confidential information regarding a company that is not publicly available.

2. Confidentiality. Client agrees that they will not disclose to any third party any confidential information belonging to other Program Participant without prior written consent, except as may be necessary to establish or assert rights hereunder, as required by the law. “Confidential Information” includes business methods, business policies, business strategies, business plans, procedures, techniques, research, or any other relevant details relating to or dealing with the business operations or activities of Program Participants.

Confidential Information is not limited to a specific medium and can be oral, written or physical in format, and includes any information disclosed in any private member-only Facebook group created for members of the Program. Sharing screenshots of any information posted in the Program Facebook Group is strictly prohibited. The confidentiality obligations set forth in this Agreement shall survive 10 years after termination or expiration of the Agreement.

3. Program Facebook Group. Within the Program Facebook Group, Confidential Information may be discussed. Client agrees that all information in the Program Facebook Group will be treated as Confidential Information pursuant to Paragraph 1 of this Agreement.

Facebook is a third-party software. Presently, the group is set as secret and may not be accessed by the public. If, at any time, Facebook changes its policies or experiences a malfunction, and the Program Facebook Group becomes public, Client is responsible for deleting any confidential information from the Program Facebook Group.

4. Group Safety & Integrity. Client understands that the safety and integrity of the group is paramount and is part of the significant value of the group. There is absolutely ZERO cross-recruiting tolerated within the Program. This policy is to keep the group safe, honest, and of the highest integrity at all times.

5. Code of Conduct. During many aspects of the Program, you will have the opportunity to interact with other Program Participants or members of the Coach’s team, which includes Coaching Calls, the Program Facebook Group, and any other interactions related to the Program. The following types of contributions will not be tolerated:

1. Harassment directed toward any Program Participant or Coach;

2. Spam;

3. Hate speech;

4. Defamatory statements regarding Coach, other Program Participants, or third parties;

5. References to illegal acts; or

6. Contributions that may violate the legal rights of a third party.

6. Disclaimer. There is no guarantee that Client will see positive results to their business using the techniques and materials provided within the Program. No other Program Participant assumes any management responsibility for Client's decisions or for policies or practices that Client implements.

From time to time, Program Participants may hold professional degrees or licenses, such as lawyers or accountants. As part of the Program, these Program Participants may offer guidance or support to Client. Participation in the Program does not create a client relationship with any other Program Participant. Any advice provided in the Program should not replace the advice that you receive from professionals with whom you have established a client relationship.

7. Ownership of Intellectual Property. From time to time, a Program Participant may share their original materials with other Program Participants. Any original materials shared with Program Participants belong to the creator of the materials and are provided for individual use only. Client is not authorized to use or transfer intellectual property received as a result of membership in the Program. No license to sell or distribute is granted or implied. This paragraph does not apply to ideas that are not yet protected by copyright or trademark laws and does not protect Program Participants from expressions of similar ideas. Program Participants should exercise caution when sharing confidential business plans or concepts.

8. No Coach Responsibility for Actions of Program Participants. You agree that Coach is not liable for any actions of a Program Participant. If Client has evidence that a Program Participant has violated this agreement, Client must provide evidence of such violation to Coach. Coach will then evaluate such evidence and determine if action should be taken. Program Participants will not be owed a refund, partial or in full, at any time based on the actions of a Program Participant.
9. Affiliate or Sales Link Policy. The information provided in this course is for educational purposes only. While Coach may share various resources, links, and materials to enhance your learning experience, please be aware that some of these links may include affiliate links. This means that Coach may earn a commission if you make a purchase through these links. However, this does not influence the integrity of the recommendations provided.
Program Participants are strictly prohibited from sharing or posting any affiliate or sales links within the Program platforms, discussion forums, or any associated social media groups. This includes but is not limited to links promoting products, services, or third-party websites with the intention of earning a commission or referral fee.