THE GLOW MOVEMENT LLC

TERMS AND CONDITIONS OF USE AGREEMENT

 

This Agreement (the "Agreement") is entered into by and between The GLOW Movement LLC (the “Company”) and you (the “Client”). If a Minor applies to become the Client, then either the Minor’s parent or legal guardian are required to be a party to this Agreement. Any reference to Client in this Agreement is a reference to the parent or guardian of the Minor.

 

 1. Services

Client will receive the coaching or training services outlined on the Company webpage where Client has registered or as outlined in the proposal that is attached hereto, as Exhibit A, and incorporated into this Agreement. (“Services”).

 

If the parties wish to extend the coaching or training relationship, both parties must agree in writing (including by e-mail), to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.

 2. Fees and Payment Schedule

Client agrees to the fees and payment schedule selected at checkout or, if applicable, as outlined in Exhibit A.

 

If payment is not received when due, Company reserves the right to terminate this Agreement, and the coaching or training relationship, immediately and permanently.

 

If paying by debit card or credit card, Client gives the Company permission to automatically charge Client’s credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which Client will receive an electronic receipt. Client also agrees that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

 

If Client fails to make any payment in a timely manner or voluntarily withdraws from the Services at any time or for any reason, Client will remain fully responsible for the full cost of the Services and all payments in any payment plan selected at checkout. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. Client agrees to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 3. Procedures for Coaching and Training Sessions

 

Client can find coaching and training session details, including length and format of the sessions, on the registration webpage or, if applicable, as outlined in Exhibit A. Following registration, the Company will communicate with the Client to set the date and time for the coaching or training sessions, if Client did not select the date and time for the coaching or training sessions during the registration process. If Client has questions regarding the coaching or training sessions, Client should contact the Company at info@glowmvmt.com.

 

A twenty-four (24) hour cancellation notice is required for all scheduled coaching and training sessions.  Cancellation requests made less than twenty-four (24) hours prior to Client’s scheduled coaching or training session will result in the forfeit of the coaching or training session that was reserved. The Company may reschedule the coaching or training session, at any time, and will contact the Client to find a mutually agreeable date and time for the rescheduled session.  

 

Client acknowledges that all session participants must adhere to the terms of this Agreement, and in some instances may be required to sign a separate Waiver and Indemnification Agreement, prior to their first session with the Company in order to participate in the Company’s coaching or training Services.

 

 4. Preparation for First Coaching and Training Session

 

Client will receive an e-mail from the Company prior to the first scheduled coaching or training session. This e-mail will contain coaching or training session details and information to outline the process and prepare Client for the first session, as well as any required paperwork, such as assessments, that Client must complete prior to the session.

 

 5. Confidentiality and Non-Disclosure

 

In order to assist the Company in performing its obligations under this Agreement, the Company may have access to some of Client’s confidential information. For purposes of this Agreement, “Confidential Information” includes all information or material that has or could have commercial value or other utility in the business in which Client is engaged, or to Client’s customers or their business, and which is not generally known to the public.

 

Confidential information does not include information that:

 

  • was in the Company’s possession prior to Client’s engagement of Services;

  • is generally known to the public or in Client’s circle of friends, family and co-workers; or;

  • the Company may be required by law to disclose. 

 

The Company agrees to keep all Confidential Information and any other information regarding the Services strictly confidential. The Company agrees not to disclose the aforementioned information to third parties unless the Company first obtains written permission from the Client permitting disclosure of such information except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that communications with coaches are not covered by any doctor-patient privilege or other privilege.

 

Client agrees that Company shall not be liable for the disclosure of any of Client’s information by another coaching or training session participant. Client agrees to keep all information learned about other coaching or training sessions participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

 

Client agrees not to share any recorded coaching or training session calls or third-party forum postings outside the private group areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers Client has violated this provision, Company will immediately terminate this Agreement and discontinue the Services.

The confidentiality and non-disclosure provisions of this Agreement shall survive the termination of this Agreement and Company’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer has or could have commercial value or other utility in the business in which Client or its customers are engaged, or until it becomes publicly known.

 6. Termination and Refunds

 

Either party may terminate this Agreement by providing notice in writing (including by email). The Company reserves the right, in its sole discretion to refuse or terminate the Services, at any time. The Company requests Client provide at least forty-eight (48) hours notice of termination prior to Client’s scheduled coaching or training session. All fees for the Services are non-refundable, unless otherwise provided by law.

 

In the event of the Company’s termination that is not the result of Client’s breach of this Agreement, Client will not owe any additional payments to the Company. In the event Client terminates this Agreement, and the termination is not the result of the Company’s breach of this Agreement, Client will remain obligated to pay any outstanding fees owed to the Company.

 

Since the Company has a clear and explicit refund policy that Client has agreed to prior to completing the purchase of the Services, the Company does not tolerate or accept any type of chargeback threat or actual chargeback from credit card companies or payment processors. If a chargeback is placed on a purchase or the Company receives a chargeback threat during or after Client’s purchase, the Company reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on Client’s credit report score. The information reported will include Client’s name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

In the event of termination, Client will retain access to the coaching or training materials and Content, as defined below in paragraph 7; however, all permissions and licenses granted therein will be immediately terminated upon notice of termination.

 

 7. Intellectual Property Rights

 

a. Ownership of the Content

 

The words, videos, voice and sound recordings, coaching and training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company’s website, any third-party website the Company may use to distribute or perform the Services, and contained in e-mails sent by the Company to the Client, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or the Company’s affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

b. The Company’s Limited License of the Content to Client

 

If Client views, purchases, or accesses any of the Content, Client will be considered Company’s Licensee. For the avoidance of doubt, Client is granted a revocable, non-transferable license of the Content for personal, non-commercial use only, limited to Client only. 

This means Client may view, download, print, email and use one copy of individual pages of the Content for Client’s own personal purposes or Client’s own business only.

 

Client may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any Content for commercial purposes or in any way that earns Client or any third party money (other than by applying them generally in Client’s own business). By downloading, printing, or otherwise using the Content for personal use Client in no way assumes any ownership rights of the Content – it is still Company property. Any unauthorized use of any Content shall constitute infringement. 

 

Client must receive Company’s written permission before using any of the Content for commercial use or before sharing with others.

 

The trademarks and logos displayed in the Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Company’s written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by the Company.

c. Unauthorized Use

Client’s use of the Content other than that expressly authorized in this Agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). Client agrees to pay liquidated damages of five (5) times the total fee in the event of Client’s Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.   

Client agrees that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

 

d. Client’s License to the Company; Use in Testimonials and Marketing.

 

By posting or submitting any material during the performance of the Services such as comments, posts, photos, designs, graphics, images or videos or other contributions, Client represents to the Company that Client is the owner of all such materials and Client is at least eighteen (18) years old.

 

The Company may request Client’s consent to use Client’s likeness (including Client’s name or screen name), comments, posts, photos, images, videos or other contributions created by Client (collectively, “Client Material”), for any purposes, including commercial purposes such as advertising. If Client grants such consent, Client agrees that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Client Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant the Company the right to make it part of the Company’s current or future website and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from Client or compensation by Company to Client. Client acknowledges that, if Client grant this consent, Company has the right but not the obligation to use Client Material and that we may cease the use of Client Material on our website or in our Content at any time for any reason.

 

If Client grants the consent for Company to use Client Material above, Client also consents to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the performance of the Services that may contain Client, Client’s voice and/or Client’s likeness. In the Company’s sole discretion, the Company reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by Client to the Company or created by the Company in connection with Client’s participation in any Program, without compensation to Client at any time, now or at any time in the future. 

 

e. Request for Permission to Use the Content

 

If Client wishes to use any of the Content, or any other intellectual property or property belonging to the Company, Client should request permission in writing BEFORE using the Content by sending an e-mail to info@glowmvmt.com.

 

If Client is granted permission by the Company, Client agrees to use the specific Content that the Company allows and only in the ways for which the Company has given its written permission. If Client chooses to use the Content in ways that the Company does not specifically give written permission, Client agrees now that Client will be treated as if Client had copied, duplicated and/or stolen such Content from the Company, and Client consents to immediately stop using such Content and to take whatever actions as Company may request and by the methods and in the time frame that Company prescribes to protect its intellectual property and ownership rights in the Content.

 

 8. The Coach-Client Relationship and Responsibilities

 

The coaching relationship is co-creative, meaning that the coach and Client are equal partners in the coaching process.

 

Coach’s Responsibilities:

 

  • Coach will help Client commit to healthier leadership practices, clarify Client’s purpose with a clear strategy and discover Client’s true identity through a greater sense of self-worth and understanding of Client’s values.

  • Coach is trained to use communication skills and coaching tools to support Client as an equal partner throughout the coaching process.

  • Coach will teach Client tools to improve Client’s mindset, relationships with other people and most importantly, Client’s own self.

  • Coach will answer questions through an established communication tool, such as email or voxer, and during scheduled coaching and training sessions.

  • During the coaching experience, Coach will provide a supportive and encouraging environment.

 

Client’s Responsibilities:

 

  • Client agrees to complete all tasks assigned, including but not limited to assessments and participating in coaching or training sessions.

  • Client is completely responsible for Client’s well-being and mental and physical health during, after, and between coaching or training sessions.

  • Client is fully responsible for any choices and decisions made during the coaching journey.

  • Client agrees that the relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.

  • Client agrees not to hold the Company liable for any outcomes resulting directly or indirectly from the choices Client makes during the coaching process.

 

The Company and coach will not provide any financial, legal, medical or psychological services or advice. Coaching does not prevent, cure, or treat any mental or medical condition. Coaching is not intended to be a substitute for professional advice that can be provided by an accountant, lawyer, financial advisor, or medical professional. Client is responsible for client’s own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. Client should consult with a professional, independent of the coaching relationship, if Client has specific questions about Client’s own unique situation. Company and coach disclaim any liability for Client’s reliance on any opinions or advice received as part of the Services.

 

Client agrees not to use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If Client is in therapy or under the care of a mental health professional, Client will notify and consult with the mental health care provider regarding the decision whether to work with a coach.

 

Company cannot and does not guarantee any particular results, financial or business outcomes as a result of this coaching relationship.

 

 9. Client Conduct

Client agrees not to pitch, promote, market, or sell any other products, groups, programs, or events on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means Client agree not to form, or ask other clients to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. Client agrees not to invite other clients to participate in events, such as meetups or seminars. without first receiving approval from the Company. Client agree not to market, promote, or sell products or services such as essential oils, nutritional supplements, coaching services, or other products or services to other clients, unless authorized or requested to do so by the Company.

Please choose carefully the materials that are uploaded to, submitted to, or embedded on any website operated by the Company and any third-party forums operated by the Company. Any material posted on the Company’s website or in any third-party forums operated by the Company may become public.

Client is responsible for Client Material and for any liability that may result from it. Client participates, comments, and posts material at Client’s own risk.  Any communication by Client on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. Client may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. Client agrees to post comments or other material only one time.

Client is strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other clients, coaching or training session participants and Company employees, coaches or staff members

  • Causing damage to any Company website or third-party forums operated by the Company

  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity

  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

  • Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

  • Sharing private and proprietary information from other clients or coaching or training session participants with anyone else

  • Discriminatory speech, hate speech, comments, or actions against another client, coaching or training session participants or Company employee, coach or staff member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

 

The Company does its best to create a safe and welcoming space for all clients and coaching or training session participants, however, Company cannot guarantee that all clients or participants will follow these guidelines. Company, in its sole discretion, may remove any comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any client or participant comments, actions, posts, content or materials that result in another client’s or participant’s trauma or discomfort.

 

If, in the Company’s sole discretion, Client’s conduct violates this Agreement in any way, Client agrees that the Company may immediately and permanently terminate this Agreement and discontinue the Services without refund. 

 

The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

 10. Diversity, Equity and Inclusion

The Company is committed to social justice, including LGBTQ rights, women’s rights, and civil rights and provides services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities and other identities.

The Company does not tolerate or support discriminatory speech, hate speech, comments or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels, or any physical, mental, or emotional abuse.

The Company reserves the right to terminate this Agreement and any Services, without refund, if Client, or Client’s employees, representatives, agents, founders, members, owners, managers, directors, or officers, engages in, encourages demonstrates or communicates statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on the Company’s team, or that are in underrepresented or under-represented or marginalized groups.

Client should contact the Company with any suggestions or concerns related to the Company’s DE&I efforts by sending an e-mail to info@glowmvmt.com.

 11. Limitation of Liability and Indemnification

Client agrees that the Company will not be liable to Client or any third party for any damages (including, without limitation, lost data, lost profits, incidental or consequential damages), that arise from the Company’s performance of the Services (including, without limitation, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the Services shall be the sole responsibility of Client. Client agrees to indemnify the Company, and its owners, officers, employees, and agents, from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Company’s performance of the Services, except to the extent such are caused by the sole fault or negligence of the Company.

 

 12. Force Majeure

The Company shall not be deemed in breach of this Agreement if the Company is unable to complete or provide all of the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Company shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services or other accommodations, or may terminate this Agreement.

 13. General Provisions

This Agreement will be governed by the laws of Tennessee. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Chattanooga, Tennessee, and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.

By clicking on the box at checkout, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire terms and conditions agreement listed on this page. You also agree to inform all additional parties involved that they will need to review and sign the agreement sent via  email prior to the first session.

 

If you do not agree with these terms, do not purchase or use these services.