Awaken Program Agreement
This Terms of Sale Agreement is a legally binding contract by and between Soul Inspired Health, LLC having a principal place of business at 175 Bay Ridge Rd. Opelousas, La 70570 and Purchaser of the Awaken Program (“Purchaser”).
Purchaser understands that they can contact Lynsey Landry at [email protected] to answer any questions or to explain this Agreement and the Refund Policy.
The period of this Agreement begins on the date of purchase of Awaken.
1. PAYMENT & REFUND POLICY
I understand that I am responsible for paying Soul Inspired Health, LLC in full for Awaken and that all sales are final.
The Fee for this program is $197 is due and payable upon registration.
REFUND POLICY
Due to the extensive time involvement in professional coaching and consulting, refunds will not be given.
We are completely devoted to your success. If during the program you need help or support, ask and we will do our best to accommodate you. By investing in your business and making a commitment to yourself you are more likely to succeed. Because of this, the intimate nature of the group and limited availability of spaces in this program, no refunds are available after we begin.
2. CANCELLATION OR POSTPONEMENT
If Soul Inspired Health, LLC cancels Awaken before it begins, Purchaser is entitled to a full refund of all paid program fees within 10 business days. If Soul Inspired Health, LLC discontinues the program after it begins, Purchaser is entitled to a partial refund of the portion of the program that remains undelivered. Postponement by Soul Inspired Health, LLC of a scheduled start date for any service, program, or course shall not entitle Purchaser to a cancellation of this Agreement. Purchaser will be guaranteed a reservation in the next scheduled start date for that program.
3. PARTICIPANT ACKNOWLEDGEMENT
This Agreement shall constitute the entire agreement between Purchaser and Soul Inspired Health, LLC. Purchaser understands and agrees that this Agreement supersedes any prior or contemporaneous oral or written agreements or statements and may not be modified without the written consent of Soul Inspired Health, LLC. Purchaser also understands that this Agreement constitutes a binding contract upon purchase of the Awaken Program.
4. USE OF RECORDINGS
Please note that coaching calls, webinars, or other audio or visual services may be recorded and can be used in the future by Soul Inspired Health, LLC for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to [email protected]
5. CONFIDENTIALITY
As part of Awaken, Purchaser and Soul Inspired Health, LLC agree to hold any Confidential Information received from the other in the strictest confidence.
Purchaser also agrees to hold every other participant’s Confidential Information in the same strict confidence as required between Soul Inspired Health, LLC and its Awaken Program participants. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.
6. ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUP
Purchaser will have access to all materials for the duration of the program. In the event Soul Inspired Health, LLC discontinues the program, Purchaser will be given fair notice in order to have sufficient time to download any available content before the program ends.
The private Facebook group may be closed upon the completion of the Awaken Program. Soul Inspired Health, LLC reserves the right to keep the group open for a longer period, but this in no way waives the right to close it at a future date. Soul Inspired Health, LLC also reserves the right to transfer the private Facebook group into a paid option at the end of the program.
7. NO GUARANTEE OF RESULTS
PURCHASER EXPRESSLY AGREES THAT THEIR USE OR INABILITY TO USE THE AWAKEN PROGRAM IS AT PURCHASER’S SOLE RISK. The content of the Awaken Program is for informational purposes only. By purchasing participation in the Awaken Program you accept, agree and understand that you are fully responsible for your progress and results and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
8. INTELLECTUAL PROPERTY
By accepting this Agreement, Purchaser acknowledges and agrees that all content presented within the Awaken Program is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Soul Inspired Health, LLC and/or its Affiliates.
You are only permitted to use the content as expressly authorized by Soul Inspired Health, LLC or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from the Awaken Program in any form or by any means without prior written permission from Soul Inspired Health, LLC or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available within. Any unauthorized use of the materials referred to may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
9. GENERAL INFORMATION AND UNDERSTANDINGS
Soul Inspired Health, LLC warrants that it has the right to provide the Awaken Program and will use all reasonable skill and care in making it available to Purchaser and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Soul Inspired Health, LLC does not give any other warranties in respect of the Awaken Program.
Soul Inspired Health, LLC is continually seeking to improve the Awaken Program and reserves the right, at its discretion, to make changes to any part the Awaken Program provided that it does not materially reduce its content or functionality.
10. REPRESENTATIONS AND WARRANTIES
Each party warrants that:
(i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms;
(ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and
(iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement.
ENTER BUSINESS NAME warrants that the Services will be performed in a professional manner in accordance with recognized industry standards. To the extent Services provided are advisory, no specific result is assured or guaranteed.
ENTER BUSINESS NAME EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER ENTER BUSINESS NAME EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
11. LIMITATION OF LIABILITY
Maximum Liability for any action arising under this agreement, regardless of the form of action and whether in tort or contract, shall be limited to the amount of fees paid by purchaser for the service, course or product from which the claim arose. In no event shall Soul Inspired Health, LLC be liable for indirect, special, incidental, or consequential damages of any kind, including without limitation, loss data or profits, however arising, even if client has been advised of the possibility of such damages. The parties agree to the allocations of risk set forth herein.
12. INDEMNIFICATION
You agree to indemnify and hold harmless Soul Inspired Health, LLC and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
You will immediately notify Soul Inspired Health, LLC of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM.
Soul Inspired Health, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
13. ASSIGNMENT
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
14. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Louisiana without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in the United States of America.
15. DISPUTE RESOLUTION
Any cause of action brought by Purchaser against Soul Inspired Health, LLC must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Louisiana and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in Louisiana; and (iv) the parties will submit the dispute to mandatory mediation held in Louisiana or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.
In no event shall Soul Inspired Health, LLC be liable for any consequential, punitive or multiple damages of any kind.
16. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
17. GENERAL
(a) Parties may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(b) This Agreement represents the entire agreement between the parties, and shall supersede all prior agreements and communications of the parties, oral or written.
(c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
18. CONTACT INFORMATION
If you have any questions or concerns, please contact Lynsey Landry by email at [email protected].
By purchasing the Awaken Program you agree to all of the above terms and have executed this Agreement.
Purchaser understands that they can contact Lynsey Landry at [email protected] to answer any questions or to explain this Agreement and the Refund Policy.
The period of this Agreement begins on the date of purchase of Awaken.
1. PAYMENT & REFUND POLICY
I understand that I am responsible for paying Soul Inspired Health, LLC in full for Awaken and that all sales are final.
The Fee for this program is $197 is due and payable upon registration.
REFUND POLICY
Due to the extensive time involvement in professional coaching and consulting, refunds will not be given.
We are completely devoted to your success. If during the program you need help or support, ask and we will do our best to accommodate you. By investing in your business and making a commitment to yourself you are more likely to succeed. Because of this, the intimate nature of the group and limited availability of spaces in this program, no refunds are available after we begin.
2. CANCELLATION OR POSTPONEMENT
If Soul Inspired Health, LLC cancels Awaken before it begins, Purchaser is entitled to a full refund of all paid program fees within 10 business days. If Soul Inspired Health, LLC discontinues the program after it begins, Purchaser is entitled to a partial refund of the portion of the program that remains undelivered. Postponement by Soul Inspired Health, LLC of a scheduled start date for any service, program, or course shall not entitle Purchaser to a cancellation of this Agreement. Purchaser will be guaranteed a reservation in the next scheduled start date for that program.
3. PARTICIPANT ACKNOWLEDGEMENT
This Agreement shall constitute the entire agreement between Purchaser and Soul Inspired Health, LLC. Purchaser understands and agrees that this Agreement supersedes any prior or contemporaneous oral or written agreements or statements and may not be modified without the written consent of Soul Inspired Health, LLC. Purchaser also understands that this Agreement constitutes a binding contract upon purchase of the Awaken Program.
4. USE OF RECORDINGS
Please note that coaching calls, webinars, or other audio or visual services may be recorded and can be used in the future by Soul Inspired Health, LLC for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to [email protected]
5. CONFIDENTIALITY
As part of Awaken, Purchaser and Soul Inspired Health, LLC agree to hold any Confidential Information received from the other in the strictest confidence.
Purchaser also agrees to hold every other participant’s Confidential Information in the same strict confidence as required between Soul Inspired Health, LLC and its Awaken Program participants. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.
6. ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUP
Purchaser will have access to all materials for the duration of the program. In the event Soul Inspired Health, LLC discontinues the program, Purchaser will be given fair notice in order to have sufficient time to download any available content before the program ends.
The private Facebook group may be closed upon the completion of the Awaken Program. Soul Inspired Health, LLC reserves the right to keep the group open for a longer period, but this in no way waives the right to close it at a future date. Soul Inspired Health, LLC also reserves the right to transfer the private Facebook group into a paid option at the end of the program.
7. NO GUARANTEE OF RESULTS
PURCHASER EXPRESSLY AGREES THAT THEIR USE OR INABILITY TO USE THE AWAKEN PROGRAM IS AT PURCHASER’S SOLE RISK. The content of the Awaken Program is for informational purposes only. By purchasing participation in the Awaken Program you accept, agree and understand that you are fully responsible for your progress and results and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
8. INTELLECTUAL PROPERTY
By accepting this Agreement, Purchaser acknowledges and agrees that all content presented within the Awaken Program is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Soul Inspired Health, LLC and/or its Affiliates.
You are only permitted to use the content as expressly authorized by Soul Inspired Health, LLC or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from the Awaken Program in any form or by any means without prior written permission from Soul Inspired Health, LLC or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available within. Any unauthorized use of the materials referred to may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
9. GENERAL INFORMATION AND UNDERSTANDINGS
Soul Inspired Health, LLC warrants that it has the right to provide the Awaken Program and will use all reasonable skill and care in making it available to Purchaser and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Soul Inspired Health, LLC does not give any other warranties in respect of the Awaken Program.
Soul Inspired Health, LLC is continually seeking to improve the Awaken Program and reserves the right, at its discretion, to make changes to any part the Awaken Program provided that it does not materially reduce its content or functionality.
10. REPRESENTATIONS AND WARRANTIES
Each party warrants that:
(i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms;
(ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and
(iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement.
ENTER BUSINESS NAME warrants that the Services will be performed in a professional manner in accordance with recognized industry standards. To the extent Services provided are advisory, no specific result is assured or guaranteed.
ENTER BUSINESS NAME EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER ENTER BUSINESS NAME EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
11. LIMITATION OF LIABILITY
Maximum Liability for any action arising under this agreement, regardless of the form of action and whether in tort or contract, shall be limited to the amount of fees paid by purchaser for the service, course or product from which the claim arose. In no event shall Soul Inspired Health, LLC be liable for indirect, special, incidental, or consequential damages of any kind, including without limitation, loss data or profits, however arising, even if client has been advised of the possibility of such damages. The parties agree to the allocations of risk set forth herein.
12. INDEMNIFICATION
You agree to indemnify and hold harmless Soul Inspired Health, LLC and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
You will immediately notify Soul Inspired Health, LLC of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM.
Soul Inspired Health, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
13. ASSIGNMENT
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
14. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Louisiana without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in the United States of America.
15. DISPUTE RESOLUTION
Any cause of action brought by Purchaser against Soul Inspired Health, LLC must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Louisiana and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in Louisiana; and (iv) the parties will submit the dispute to mandatory mediation held in Louisiana or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.
In no event shall Soul Inspired Health, LLC be liable for any consequential, punitive or multiple damages of any kind.
16. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
17. GENERAL
(a) Parties may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(b) This Agreement represents the entire agreement between the parties, and shall supersede all prior agreements and communications of the parties, oral or written.
(c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
18. CONTACT INFORMATION
If you have any questions or concerns, please contact Lynsey Landry by email at [email protected].
By purchasing the Awaken Program you agree to all of the above terms and have executed this Agreement.
