1- THE OPENING TERMS OF SERVICE
2- Thank you for purchasing THE OPENING (“Product”). All sales are final for this Product. By clicking “Buy Now” (or any other phrase on the purchase button), entering your payment information, or otherwise completing the Product check-out, you ("Customer") are executing a legally binding agreement. Through rendering initial payment, Customer understands that they will be charged the full amount of either the payment plan or pay-in-full price, whatever Customer selects upon checkout. Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:
1. INTRODUCTION
3- KELSEY LAUREN (“Company”) provides multidimensional entrepreneurs, visionaries, artists and leaders on mission with mentorship, online courses and other educational materials. Company has created THE OPENING ("Product") to provide Customer with a one-on-one mentorship ecosystem to stabilize, enliven and empower the mission of Customer. The Opening includes one (1) 75-90 minute recorded one-on-one mentorship session on Zoom and an accompanying follow-up of a five (5) day one-on-one text and voice-based mentorship experience hosted on VOXER (which enables multidimensional, real-time processing and mentorship).
2. TERM
4- This Term of this Agreement shall be one month from the date of initial purchase, leaving ample time to schedule the Zoom session and complete the accompanying five days of follow-up Voxer support, with the exception of Sections 8, 9, and 10 which shall survive the Term of this Agreement.
3. DISCLAIMERS
5- For the purposes of this Agreement, the Company is not an employee, social media advisor, consultant, healer, psychiatrist, herbalist/natural medicine practitioner, psychologist, therapist, personal brand/marketing advisor, counselor, business mentor, or other agent of Customer’s business. 6- Client understands that The Product has been designed by Company for private one-on-one self and mission mentorship purposes only, with the goal of supporting the Customer in cultivating the skillset, capacity and confidence to contribute to the world through their entrepreneurial, artistic and leadership endeavors. Through THE OPENING, the Company might provide guidance regarding, energetic and somatic literacy, emotional intelligence, capacity, self and mission expression, mission-mapping and structural aspects of business and business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Company’s services and purchasing THE OPENING, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
7- Customer also understands that the Product is not a substitute for medical and/or other health care. Customer hereby understands and agrees that Company is not “diagnosing” or “treating” the physical body, which falls under the jurisdiction and expertise of licensed medical health care providers. Customer also understands that “healing” as it relates to energy work is different as it relates to medical or physical needs. Customer hereby acknowledges and agrees that they shall consult their health care provider and discuss any recommendations made by Company. From time to time, it is possible that energy that is relieved or moved during sessions may present itself in physical and/or emotional manners. Customer also agrees to immediately inform their health care provider of any illness, pain, or other mental distress and/or physical discomfort that occurs during or after Customer’s participation in THE OPENING
8- This Product does not include: 1) procuring business or potential clients for Customer; 2) performing any business management services for Customer, such as accounting, operations, research, or development; 3) therapeutic, health or medical advice; 4) licensed therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Company’s professional network and business relationships.
Customer hereby acknowledges that Customer is solely responsible for the clarity, motivation, amount of income and/or type of results that Customer generates by implementing techniques and advice provided by Product. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Product will provide Customer with an impactful, fulfilling or prosperous life or business. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Product, and indemnifies Company from any liability regarding said decision.
4. PROGRAM SPECIFICS
9- The Opening includes one (1) 75-90 minute recorded one-on-one mentorship session on Zoom and an accompanying follow-up of a five (5) day one-on-one text and voice-based mentorship experience hosted on VOXER (which enables multidimensional, real-time processing and mentorship).
Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined exclusively by Company.
5. CLIENT’S RESPONSIBILITIES
The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her personal vision, mission and fully expressed human experience (“goals”). However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing THE OPENING or using THE OPENING.
Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following:
- Utilizing fully the one-on-one Zoom session and accompanying five days of 1:1 text and voice support on VOXER with openness, honesty and consistency;
- Acknowledging yourself as a sovereign being and take full responsibility and accountability for your decisions, actions and results.
6. PAYMENT & FEES
10 - Client has one payment option to purchase the Product, which is presented at checkout and outlined below: A) a one-time fee, due in-full before Customer may access the Product. Upon executing this Agreement, Customer agrees to pay the Company the full purchase amount for the Product, regardless of what payment option Customer selects at checkout.
A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she is contractually bound to make all payments in the timeline outlined at checkout, which shall be billed to Customer automatically. Failure to make all payments due under the payment plan shall result in Customer’s breach of this contract and in Customer’s termination of access to the Product.
If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product. (e) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
Client hereby agrees to pay in accordance with one of the following plans:
A. ONE-TIME FEE:
- One (1) payment of five hundred fifty-five and XX/00 US Dollars ($555.00 USD), which is due immediately upon signing and execution of this Agreement. The Product shall not be distributed for Customer’s access until and unless full payment is rendered; or
7. REFUND POLICY
All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds.
8. NON-DISCLOSURE & CONFIDENTIALITY
Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
- Any systems, sequences, processes or steps shared with Customer;
- Any information disclosed in association with this Agreement;
- Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.
Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.
9. INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
- Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
- Copying any of Company’s Product content and/or material for Customer’s commercial use;
- Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
10. INDEMNIFICATION / LIMITATION OF LIABILITY
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in THE OPENING or use of THE OPENING, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product.
11- Access to this Product is currently through a third-party platform, VOXER and THINKIFIC Company is not liable for any limitation of access to the Product caused by VOXER AND THINKIFIC.
11. MISCELLANEOUS
- Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
- Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
- Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
- All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
- Governing Law - Company is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of the Province of Alberta.
- Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
- Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “Purchase” (or any associated verbiage on the checkout button) at the Product checkout page and by rendering first payment. All Product Terms of Service are available on the checkout page, and review of such Terms of Service are the responsibility of The Customer.