TERMS AND CONDITIONS
Kelly Dunklow, LLC - Individualized Coaching Agreement
These terms are a legally binding agreement (the “Agreement”) between you (“You”) and Kelly Dunklow, LLC dba Kelly Dunklow (“We” or “Us”). By purchasing the coaching container described below (the “Program”) from us and or clicking on “I Agree” you have agreed to be bound by these terms. If you do not consent to this Agreement then you may not participate in the Program. Please contact us at kelly@kellydunklow.com if you have questions about this. This Agreement is in effect as of the date of your first payment to purchase the Program (the “Effective Date”).
The Programs:
Get Comfortable is an online program to learn step-by-step how to heal your back pain naturally and quickly at home. It includes online course modules and three one-hour coaching sessions (via video calls) with Kelly.
Personalized Support Sessions are 60-minute one-to-one video calls with Kelly for individualized support and guidance.
Clarity Calls are 20-minute one-to-one video calls with Kelly for individualized support and guidance.
Investment: The Program Fee (the “Program Fee”) for the Get Comfortable Program is $597 and for a Personalized Support Session is $97. Clarity Calls are free.
Payments: You may pay the Program Fee for Get Comfortable up front or in 3 installments of $218 (no payment plan is available for the Personalized Support Session).
Installments. Installments are due on the schedule described on your invoice. You must provide us with a valid credit card to keep on file. You authorize us to automatically charge the credit card on file for each installment or any and all Program Fee balances owed. You will keep all payment information current, and the financial account associated with your credit card adequately funded to satisfy the Program Fee. If you are paying in installments, a $30 late fee may be charged for payment not received, or unable to be processed, by each installment due date.
Payment Disputes. If you have a dispute concerning any payment transaction, please contact us at kelly@kellydunklow.com. If you contact your bank or credit card company to reject the charge of any part of the Program Fee (“Chargeback”), this act will be considered a breach of your payment obligations and this Agreement. We reserve the right to automatically terminate your access to the Program, dispute any Chargeback, and take all reasonable action to authorize the transaction. If your card is declined and you do not provide us with a new valid payment method within five (5) business days of the declined payment, we may remove you from the Program, terminate this Agreement and pursue collection of the balance of the Program Fee and or installments remaining, including sending the outstanding balance to a collection agency. You agree to hold us harmless and that we will have no liability with respect to our enforcement of this Section, and you will be responsible for the reasonable costs of collection.
REFUND POLICY. NO refunds are given. Payments and deposits are non-refundable. You are responsible for the full fee for the entire Program of the Program, regardless of whether you actually attend or complete the Program, No refunds will be issued, or monthly payments forgiven.
Cancellations; Default. There are no refunds if you want to cancel your enrollment early. From your date of purchase forward, if you violate any of the terms of this Agreement, we may remove you from the Program, you will lose eligibility for the money-back guarantee, You will also be liable for any costs, expenses, damages, and fees, all court costs, and reasonable attorney’s fees that we may incur as a result of your violation (this also includes collection agency costs if you breach your payment obligations. We may cancel the Program at our discretion. If we cancel the Program, we will notify you via email at least 30 days prior to the cancelation date specified in the notice (the “Cancellation Date”). We will refund the pro-rata share of your Program Fee applicable to the months following the Cancellation Date.
Your responsibilities. You are solely responsible for implementing any of the ideas generated in the Program.
Intellectual Property. We retain all rights to our intellectual property, including but not limited to all of the content, pdfs, downloadable resources, materials and any other any other information we share with you related to our Program. Program materials and content including derivative works arising from or used in conjunction with the Program (“Our Intellectual Property”). Our Intellectual Property may not be copied, used, modified, or distributed for any purpose. There is no granted or implied license to sell or distribute Our Intellectual Property. You understand and agree that any of Our Intellectual Property you receive is for your own personal use. Our Intellectual Property is proprietary and confidential, and any disclosure of Our Intellectual Property to any third party by you without our permission is strictly prohibited.
Scheduling. If you need to cancel or reschedule a 1:1 call or meeting with us, we require 48 hours’ notice, otherwise you will forfeit that appointment and you will not have an opportunity to reschedule. If it’s an emergency or family-related, we will do our best to work around it and make-up the call, but if you forget we will not make it up. Please be on time to all Program meetings. No refunds are permitted based on scheduling conflicts.
Communication. As part of the Program, you may have direct access to our coaches via email. If so, you may message us anytime, however there may be times when we are unable to respond immediately. Generally, response times may take up to 72 hours during the workweek.
Vacations. There are times where we will consciously unplug or be unavailable to recharge so that we can better serve you in the long term. We will try to give you notice in advance of times that we will be out of the office. Messages must be received at least 3 business days before your coach’s time off begins if you would like them to respond before their time off begins.
Rights to Record; Authorized Use; Release. We may ask you for testimonials and use them in connection with the marketing and promotion of the Program and our future products and offerings. Testimonials may include but not limited to the following information: your name, image, voice, and testimonials you provide us with. You waive any right to payment, royalties, or any other compensation for the use of such images, audio recordings, or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. You will hold us harmless, release, and forever discharge us from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
Disclaimers:
Personal Responsibility: You understand that you are 100% responsible for your own progress and results. We cannot make any guarantees as to the results, including financial or other gains, of the Program. You agree to take responsibility for your own results, and you understand that dissatisfaction with our independent judgment or individual style are not valid reasons for termination of this Agreement or request of any monies returned.
This Program Is Not Therapy or Medical Treatment. You understand that the Program does not involve the diagnosis or treatment of physical or mental disorders and that this Program is not to be used as a substitute for medical care, mental health care, substance abuse treatment or other professional advice, and it is your exclusive responsibility to seek such independent professional guidance as needed. You understand that we are not acting as a licensed health care professional, chiropractor, or member of the clergy. We are not attempting to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Any advice given by us is not meant to take the place of advice by a licensed healthcare professional. If you feel unwell, or otherwise in need of professional counseling or therapy, it is your responsibility to seek licensed professional help. If we reasonably believe that your needs are for licensed professional help and/or medical treatment, we reserve the right to cancel your access to the Program until you receive or appropriate medical treatment. If you are under the care of a health care professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your doctor and should not discontinue any prescription medications without first consulting your doctor.
Other Disclaimers: We do not warrant that access to our website, Facebook, or any third-party service provider we use to deliver the Program will be uninterrupted or error free. We are not liable for any default due to acts out of our control, including but not limited to - an act of God, pandemic, epidemic, civil unrest, terrorism, war, strike, fire, flood, hurricane, or industrial action. You agree to indemnify us and our employees, contractors, agents, officers, and other designees for any claim arising directly or indirectly from your acts and omissions related to your involvement with the Program and use of our website and the private Facebook group.
We give 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, disclaim all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.
LIMITATION OF LIABILITY: IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF THE PROGRAM FEE.
Dispute Resolution: The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through e-mail, telephone, or video communications (“Electronic Communications”). The Parties further agree that their respective good faith participation in any Electronic Communications in an attempt to resolve the dispute is a condition precedent to pursuing any other available legal or equitable remedy, with the exception of our right to enforce your payment obligations as set forth in this Agreement. 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.
Miscellaneous: This Agreement will not be construed to create any association, partnership, joint venture, employee or agency relationship between you and us for any purpose. This Agreement shall be construed according to the laws of the State of Vermont, and disputes arising from it will be handled exclusively in Chittenden County. In the event that any provision of this Agreement is deemed illegal or unenforceable, the remaining portions of the Agreement shall remain in full force. No waiver or forbearance by either Party of any rights under this Agreement precludes such party from exercising those rights in any other instance. Any provision of this agreement that contemplates performance or observance by a party subsequent to the termination or expiration of this Agreement and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. Neither party may assign this Agreement to any other party. Any notifications may be sent to the us via email at kelly@kellydunklow.comwith notice due upon receipt, notice may be sent to you at the billing address you provided when you paid for the Program, or alternatively at the email address you used to do the same. No invalidity, illegality or unenforceability of any provision herein shall affect any other term or provision of this Agreement. This agreement and the related invoice constitute the entire understanding between the parties as to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.
ACTIVITY WAIVER
Assumption of the Risk; Waiver, Indemnification: The Program includes informational content including physical exercises and activities. Participating in these activities can require physical, and mental effort, exertion which may cause physical, mental, or emotional injury. Potential injuries from your participation in the Program could include but are not limited to emotional distress, muscle, or skeletal injuries. In very rare cases, catastrophic injuries such as loss of pregnancy, stroke, heart attack, serious internal or head injuries or death could result. You agree to discuss your participation in the Program with your licensed healthcare professional, and fully acknowledge and take full responsibility for and assume all the risks involved in your use of the information and activities provided in the Program.
You agree and acknowledge that your participation in the Program is entirely voluntary and that any action or lack of action, on your part is done so solely by your own choice. You acknowledge that any harm, injury, or loss that may occur to you or your property as a result of your use of the information provided in the Program, is neither our responsibility our liability.
In the event that you are injured, you agree to assume any financial obligation, either through your personal health insurance, or through some other means, for any medical costs you incur. You understand and acknowledge that we will not assume responsibility for any medical expenses, injury, or damage you may suffer in connection with the Program.
You, on behalf of yourself, your heirs, successors, and assigns, hereby waive, release, discharge, and covenant not to sue us or Kelly Dunklow individually, including the members, employees, agents, and independent contractors of the foregoing (collectively, “Released Parties”) from any and all claims, including for ordinary negligence, carelessness, action or inaction of the aforementioned persons or parties to the greatest extent permitted by the State of Vermont. You also agree to HOLD HARMLESS AND INDEMNIFY us and or Kelly Dunklow individually and any or all of the Released Parties from all claims against them resulting from Kelly Dunklow’s and or our negligence, gross negligence or willful or reckless conduct in connection with your participation (or that of your minor participant) in this event. You further agree to pay Released Parties’ expenses, including attorneys’ fees, in the event that you, your spouse, children or anyone on your (or your children’s) behalf, asserts a claim or lawsuit against Released Parties for injuries or damages arising out of your participation (or that of your minor participant) in this event. You acknowledge this agreement specifically includes claims or lawsuits brought by, or on behalf of, any minor participant identified below on this form, including claims brought once the minor reaches the age of majority.
You agree that the purpose of this agreement is that it shall be an enforceable WAIVER OF LIABILITY, RELEASE, AND INDEMNITY as broad and inclusive as is permitted by Vermont law, and that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. You also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
Acknowledgment and Understanding: By signing this Agreement if in paper form, or clicking “Register,” “Purchase,” “Buy Now,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise in the Program, you, in your personal name and on behalf of your relatives, heirs, legal you agree to the terms of this Agreement, and knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of the Released Parties or others and assume full responsibility for your participation in the Program. you certify that you have read this waiver of liability and indemnity agreement and acknowledge, represent & warrant that you understand you am giving up substantial legal rights, including your right to sue, and that (1) you are doing so voluntarily and (2) you are 18 years or older and of sound mind, or if under 18, have discussed fully with your parent or guardian. You further agree and acknowledge that your signature below constitutes a complete assumption of the inherent risks of the Program and an agreement to indemnify and hold harmless the Released Parties.
By checking the box indicating that you understand and have read these terms, and alternatively by your purchase of the Program, you acknowledge that: (1) you have received a copy of this Agreement and Waiver; (2) you have had an opportunity to discuss the contents with us and, if desired, to have it reviewed by an attorney; and (3) you understand, accept and agree to abide by the terms of the Program Waiver and this Agreement as of the Effective Date.