GROUP PROGRAM TERMS AND CONDITIONS
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By clicking the payment button (Buy Now), entering your credit card information, making a PayPal payment, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with programs, products, or services by Eli Hans and/or Joseph Bennett (“Coach”), acting on behalf of SublimeDesign Interiors, LLC aka Heal Cancer Now (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
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1. TERMS.
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Group Coaching Program.
(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s website as part of the Program.
(c) Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
(d) Client agrees to be open, present and prepared to complete the work as a team together. Client is responsible for his/her own success and implementation of objectives met.
(e) Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s Doctor, Therapist or Physician. If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together.
(f) The Program includes the following:
6 group sessions, held every Tuesday afternoon, each 90 minutes long, online via Zoom or similar conference platform.
A private facebook group for you to support, connect, & share with coach(es) and the other members of the group throughout the program may be applicable, but not always.
Session will include exploring various topics related to holistic approaches of achieving balance and wellness, specifically as they may relate to cancer, possibly encouraging personal actions to take towards your own personal transformation and wellness. Coaches will offer support through the adjustments or changes you wish to make.
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2. METHODOLOGY. Client agrees to be open minded to Coach’s coaching methods and partake in methods proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client and/or group.
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3. DISCLAIMER. By participating in this Program, Client acknowledges that the Coach is not a medical doctor or psychologist. The Client acknowledges that the Coach is not medically qualified, is not a substitute for advice from a qualified doctor, does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on Coach’s advice.
By participating in sessions, the Client acknowledges that the information provided during sessions is not intended nor implied to be a substitute for medical advice. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. Some such products may not be available without a prescription, but the Coach does not dispense or prescribe any prescription products. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
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4. PAYMENT AND REFUND POLICY.
(a)Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount, for all 6 sessions.
(b) Our "NOTHING TO LOSE" CANCELLATION POLICY states: If you need to cancel any workshop or program, your fee is fully refundable UP TO 72 HOURS (3 days) from the start of the workshop. If you cancel within the 72 hour window before the start time, your fee will NOT be refunded. However you can apply your tuition towards one-on-one coaching or other trainings or programs within 3 months.
(c)If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(d)In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls or sessions. In addition, a 3% interest fee will be charged for each day that payment is late for a maximum of 30 days. If Client does not commence with payment after 30 days, Coach has the right to terminate agreement.
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5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement.
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6.RIGHT TO TERMINATE. Coach has the right to terminate the Agreement at any time at his/their discretion and will provide Client with a refund for any part of the program not completed that otherwise had been paid for in advance.
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7. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
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8. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
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9. LIMITATION OF LIABILITY. By using Sublime Design Interiors, LLC aka Heal Cancer Now services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.
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10. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in San Diego, CA. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
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11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof.
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12. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
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