Terms of Use
Positive Psychology Coach Case Study
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of THE POSITIVE PSYCHOLOGY COACH ACADEMYTM CERTIFICATION (PPCA) outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Unstoppable Success LLC, a California Limited Liability Company (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration the receipt and sufficiency of which is acknowledged by all parties, Client is electing to purchase access to THE POSITIVE PSYCHOLOGY COACH ACADEMYTM CERTIFICATION (PPCA) discussed in greater detail below (hereinafter “PPCA” or “Program”). In exchange, Company agrees to provide the services outlined in the Program Outline below and attached hereto in the Program Outline Addendum..
1. Program Outline:
A. Client agrees and understands that he/she is purchasing access to THE POSITIVE PSYCHOLOGY COACH ACADEMYTM CERTIFICATION (PPCA), a program designed by Company to create a space for coaches, business owners, and organization leaders to to learn how to become a masterful positive psychology coach, and create coaching programs that effectively deliver the positive psychology science in a way that can help your clients in getting results, while allowing you to feel happier too.
B. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in PPCA as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.
C. Client understands Program is a completely virtual, online-only experience –and he/she will need an internet connection, computer or adequate mobile device, as well as various programs or software to adequately experience Program in full. Client also understands that all virtual calls, trainings, and/or meetings conducted via virtual platforms such as Zoom will be recorded and uploaded into the members’ area, and/or shared with current or future students of PPCA. By signing this Agreement, Client expressly consents to the recording and sharing of all Zoom sessions, as well as uploading and otherwise using such recordings within PPCA.
D. Client must be 18 years of age to enter into this Agreement; if Client is under 18, he/she must immediately stop purchase, and have his/her parent or guardian purchase PPCA for Client.
E. In the event that the Client is invited to attend any additional retreats, events or similar then the Client shall be responsible for arranging and funding their own travel and accommodation in order to participate in such activities. Any such additional retreats or events may require signature of an additional event or retreat waiver prior to booking / attendance.
2. Confidentiality
A. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Company agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, Coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, Coaching strategies, proprietary methods of the PPCA Program, proprietary methods belonging to Company regarding how to become a certified PosPsych Coach or other methodologies Client learns as a result of working with Company, plans or outlines for future programs or packages, information contained in documents or any other original work created by Company, and any and all other intellectual property (discussed below.)
B. Client and Company agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Company shall survive the expiration of this Agreement and Company’s services. This means Client and Company both agree to continue to keep Confidential Information private, even after the completion of working with Company.
C. Due to the group nature of Program, Client also understands he/she may have access to confidential information shared by other clients of Company during group calls, if any, and/or other similar Coaching mediums. Client understands his/her obligation to keep such information private, which includes an agreement not to share the information with anyone, as well as the agreement not to copy, use, or otherwise compromise another client’s information, per the intellectual property paragraph below. Should Client breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Program, Client understands additional action may be taken by Company up to and including legal action.
D. Client also confirms he/she will keep any username and password required to login to Program strictly confidential, and is forbidden from sharing such information with any third party. Client is responsible for all usage that occurs under his/her account, regardless of whether it was Client personally taking the actions.
E. Client also agrees he/she will not compete with others in Program in a way that may damage their business or client relationships, including but not limited to attempting to take clients from one another, speaking negatively about another Program participant, attempting to copy or use Coaching materials created by another participant, or otherwise acting in a manner that could hurt the business of another Program participant. Suspicion of doing so may result in Client’s removal from Program without refund.
3. Payment and Payment Plans
A. Notwithstanding any sales or early-bird discounted pricing, Client may elect to pay in full, a one-time payment of Ten thousand U.S. dollars ($10,000) or utilize one of the Company’s payment plans, making six (6) consecutive monthly payments of two thousand U.S. dollars ($2,000) or twelve (12) consecutively monthly payments of one thousand U.S. dollars ($1,000). Company may also permit additional payment plans on a case by case basis, in writing, for individual clients. Should Client come to an agreement with Company regarding a different payment plan in writing, that payment plan shall be controlling, and shall be considered incorporated by reference herein and part of this Agreement.
B. Should Client Purchase Program utilizing a “VIP Discount” “early-bird discount” or other sale which reduces the overall cost of Program, Client will use the applicable coupon code at checkout to receive the reduced pricing as advertised on the sales page with the discounted offering. Any discounts offered shall be offered for a limited time only, and are not guaranteed.
C. Client agrees to render payment via PayPal, Kajabi payment, teachable payment, or bank transfer, or any other method approved by Company. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically.
D. Program Extension Fee: Should Client require additional time to complete Program requirements, a one-time five hundred dollar ($500) administrative fee will apply, to cover costs associated with allowing Client to extend Program, in order to meet all graduation requirements.
D. Payment Plan: If Client elects to purchase Program via the Payment Plan, Client will make the initial payment on the date of purchase, followed by either six (6) or twelve (12) additional monthly payments, in the same amount as the original payment, made on the same day of the month as the original program purchase date, for the additional months, using the credit card Company has on file, until the total program amount is paid in full. Client understands and agrees his/her credit card information will be saved following the initial down payment, and all subsequent monthly payments will be automatically deducted using this same credit card. By confirming agreement to these Terms of Use, Client also confirms agreement to this automatic payment deduction until Client has completed the payment plan as outlined.
E. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within five (5) days of the date it is due, and (2) Client may owe a 10% late fee if he/she has not made the appropriate payment after the grace period. Client will not be eligible for graduation and certification if payments are not current, and Company reserves the right to revoke any earned certification if payments are missed or not fulfilled following graduation. Client may only earn and keep a certification as long as payments are current and made in full.
F. Company reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issues to Company in exchange for work completed thus far, will not be eligible to earn the certification, and it is up to the sole discretion of Company whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
4. Refund Policy
A. Company is not able to offer refunds once Client has purchased the Program. Client understands this provision and agrees that he or she is not entitled to a refund once payment has been issued to Company, nor is Client eligible to cease payments prior to completing the agreed upon payment plan, and understands the entire amount as outlined above is Client’s responsibility. Should Client become dissatisfied with the Program, or otherwise wish to discontinue his/her participation, Client understands this is not a valid basis for failing to complete the Payment Plan, and that Client is responsible to complete payment in full regardless of his or her participation in the Program.
B. Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.
5. Termination
A. Company is committed to providing all Program participants with a positive Program experience. By purchasing Program, Client agrees that Company may, at her sole discretion, terminate this Agreement and limit, suspend, or terminate Client’s participation in Program without refund or forgiveness of any remaining monthly payments, if Client fails to pay any portion of the payments as agreed, becomes disruptive or difficult to work with, fails to follow Program guidelines, breaches these Terms of Use in any way, or otherwise impairs the participation of Program instructors or other participants.
B. Client agrees that should she be removed from the Program for any such cause, as deemed necessary by Company, Client is not relieved of his/her obligations under the Payment Plan, and agrees he/she will remain responsible for completing the payments as agreed upon, unless otherwise directed by Company.
6. Disclaimer – Not Medical or Professional Advice
A. The purpose and goal of Program is to provide Client with information and education on coaching within the positive psychology field, and to educate Client in such a manner that may qualify Client to obtain the title of “Certified Positive Psychology Coach.” Client understands Program is not certifying Client as a psychologist or medical expert in any way; rather, Program is teaching Client principles of positive psychology coaching, to enrich Client’s current or new coaching business. Client is paying for Company’s opinions, education, and information only. Program and content contained within the Program is not to be considered business, financial, legal, or medical advice. Client is voluntarily electing to take part in Program and desires to obtain Company’s Coaching certification.
B. Program may include general suggestions regarding how to coach utilizing positive psychology principles, as well as information on how to approach the subject with potential future clients. Such suggestions are not personalized recommendations and do not constitute health , business, or medical advice, nor do they mean Client should always make the same suggestions or teach the same methods when working with other clients. Company is not responsible for any decision Client may make to implement something mentioned within Program, or any recommendation Client may make to a client of his/hers following participation in Program, and Client understands any decision to change Client’s lifestyle, or suggest others change their lifestyle is completely voluntary and the sole decision of Client. Client understands Company is not responsible for any such decision by Client to follow or not follow the information and guidance suggested herein, and that Client is responsible for his/her own actions and decisions, as well as the recommendations and teaching he/she may provide his/her future clients. Company is to have absolutely no liability with respect to Client’s future clients, or what Client elects to do following his/her participation in PPCA, whether or not Client achieves the status and certification of a certified Positive Psychology Coach.
C. The information contained in or made available through the Program cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, therapeutic, or legal matters. In particular, Client should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.Company and its licensors and suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Program. Neither Company nor any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. Client alone is responsible and accountable for his/her decisions, actions and results in life, and by his/her purchase and use of Program, he/she agrees not to attempt to hold Company liable for any such decisions, actions or results, at any time, under any circumstance.
C. The events, information, and speakers listed on Program’s sales are subject to change due to availability, timing, and/or other factors within or outside our control. Substitution of a guest speaker or minor edits to the Program content does not entitle Client to a refund, nor does it constitute a breach of these Terms by Company.
7. No Guarantees
A. Company cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Company and Program harmless if he or she does not experience the desired results. Client understands that all services provided by Company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Company on a purely voluntary basis and does not hold Company or Program responsible should Client become dissatisfied with Program. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Company does not endorse, warrant or guarantee any speakers, products or services mentioned within Program. Company is not a party to, and does not monitor, any transaction between users and third party providers of products or services.
B. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Company delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by Company and Client. Client also understands Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Company on his/her website and within the Program is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Company responsible for.
8. Earnings Disclaimer
Any earnings and/or income representations made by Company or Niyc Pidgeon and/or their advertisers and sponsors are aspirational statements of clients’ earnings potential. The success of Niyc Pidgeon, Company, testimonials, and other examples used by Company are exceptional, non-typical results and are not intended to be and are not a guarantee that Client or others will achieve the same results. Individual results will always vary and Client’s will depend entirely on his/her individual capacity, work ethic, business skills and experience, level of motivation, diligence in applying Company’s programs, the economy, the normal and unforeseen risks of doing business, and other factors.
Earning and Income statements made by Company and its customers are estimates of what others have earned, and what Company thinks students can earn. There is no guarantee that Client will make these levels of income, and Client accepts the risk that the earnings and income statements differ by individuals.
Client confirms he/she understands and agrees Program results may vary, and will be based on Client’s individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success Client may experience. The testimonials and examples used do not necessarily apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation. There is no assurance that examples of past earnings can be duplicated in the future. Company cannot guarantee Client’s future results and/or success. Company cannot be and will not be not responsible for Client’s actions.
The use of our Program and Content should be based on Client’s own due diligence in assessing whether Program may be right for Client, and he/she agrees that Company is not liable for any success or failure of Client’s business that is directly or indirectly related to the purchase and use of Program and Content.
9. Voluntary Participation
A. Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Company believes in its services and that Program is able to help many people, Client acknowledges and agrees that Unstoppable Success LLC is not responsible nor liable to Client should Client sustain any financial, emotional, or physical injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, his/her business endeavors, and any other decisions, including participation in Program and any results therein.
The Client accepts that as part of the Client’s participation in the Program they may be required to review and make decisions concerning their personal and home life, business and career, finances, lifestyle, education and development and health and wellness and that any such reviews, subsequent decisions, implementation and action will be the sole responsibility of the Client.
10. Program Access, Monitoring, and Restrictions
A. The Program website and/or portal will usually be available 24 hours a day, seven days a week. Company may, however, need to interrupt or suspend Client’s access to the Program or the provision of the Program’s services and content for maintenance, technical or other reasons. When accessing and using the Program’s website and its services and content, Client must comply with directions, instructions or protocols posted on the corresponding website.
B. Client confirms he/she will refrain from doing any of the following actions, any of which Client understands and agrees will constitute a breach of this Agreement and grounds to remove Client from Program without refund: (a) Use a false email address, impersonate others, or misrepresent affiliation with others; (b) Engage in automatic gathering of information from or through the Program website; (c) Attempt to interrupt or alter the Program website’s operation in any way; (d) Use the Program’s website or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or (e) Copy, distribute, transmit, modify or otherwise exploit the Content or any other data or code made available through the Program and/or its website.
C. Company reserves the right, but is not obliged, to monitor any matters posted on any community boards within the Program Cohore channel, social media group, Program website, or any other community or communal platform that allows commentary and participation from all Program students (hereafter collectively “Platforms”). Company is not responsible or liable for material posted by others. Company does, however, reserve the right to edit, refuse to post, or to remove matter that in its sole and exclusive discretion is objectionable or in violation of these Terms, our policies or applicable law.You as the Client agree you will not upload or post any material that (a) Restricts or inhibits others’ use or enjoyment of the Platforms; (b) are false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive; (c) Infringe others’ rights, including privacy or intellectual property rights; (d) Slander or otherwise defame Unstoppable Success LLC, Program, other students of Program, or Niyc Pidgeon; (e) Contains a virus, spyware, or other harmful component; or (f) contains commercial solicitation or ‘spam’ of any kind. Company has the right to terminate Client’s access to Program, Platforms, and/or any other website if any of the Terms in this agreement are violated. Company is not responsible for screening material posted by other students; however, Company retains the right to modify or remove messages or other material that, in its sole discretion, it finds infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. Whether or not Company modifies or removes such material, Client remains solely responsible for the content of their messages or postings.
D. By posting in Platforms, Client grants Company and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use his/her questions, comments, and postings, in their original or edited form, as testimonials, proof of client success, within a book, article, or in any other medium now known or later developed. Clent also warrants that he/she owns or otherwise controls all of the rights to the content posted, and that the reposting or other use of such content will not infringe the rights of any third party. Additionally, Client warrants that any “moral rights” in posted materials have been waived. Client is not entitled to any compensation for any materials he/she may post on the Sites.
11. Certification
A. Program curriculum is wholly designed and taught by Company – Program is not registered nor certified by any regulatory Coaching body or federation, is not affiliated with any academic institution, positive psychology masters degree qualifications or PHD program, and Client does not gain any traction or benefits within the ICF or other similar regulatory body for participating in Program and/or achieving certification. Company is not an accredited academic institution and does not issue diplomas or academic certifications or degrees. Company does not accept student loans or provide student aid under any programs. Company is a for-profit training and research center for personal and professional development. Any certification earned following Client’s participation in Program is purely in Company’s own methods, teachings, and systems, and certification allows Client to confirm he/she is certified by Company in these methods, teachings, and system. Similarly, Company alone shall determine any and all testing procedures by which to assess whether Client will earn the Positive Psychology Coaching Certification.
B. Client understands receipt of the PPCA Certification is not a guarantee once Program is completed; Client must complete all aspects of Program in a satisfactory manner, and must have developed a certain level of mastery of the material in order to obtain the certification. While certification will not be unreasonably withheld from Client, Company reserves the right to use her expertise and best judgment to determine whether Client has achieved the required mastery in order to obtain the PPCA Certification. Failure to obtain the certification does not entitle Client to a refund of Program.
C. Certification Requirements:
Client understands there will be strict requirements regarding participation, completion, and mastery of material in order to become eligible to take the PPCA Certification examination at the end of Program. In order to become eligible to take the final examination, Client must complete no less than:
(1) Sixty (60) student contact hours;
(2) Eight (8) observed coaching sessions
(3) Seven (7) hours of group mentor coaching
(4) Eight (8) hours of 1:1 coaching as the client
(5) All curriculum modules within the members area and checking off each module as complete;
(6) ALL homework assignments given in modules; and
(7) ALL Module checklists and module quizzes.
12. Recertification
In order to remain an active Certified Positive Psychology Coach and keep a current certification, Client agrees to pay an annual five hundred U.S. dollar ($500) membership fee, due and payable every twelve (12) months from the date of graduation. This Membership Fee allows Client: (a) Twelve months of membership inside the PPCA Graduate Community, including a PPCA Graduate Cohere Community Group, and graduate email list with industry updates; (b) the rights to continued use of the title “Positive Psychology Coach Academy Certified Coach” and/or “Positive Psychology Coach, PPCA;” (c) access to any and all updated lessons and teachings as they are released into the PPCA curriculum members’ area; (d) recertification every two years to advance Client’s coaching mastery with no extra tuition charges beyond the $500 annual fee; and (e) continued access to the PPCA community and lessons.
Failure to make this annual five hundred U.S. dollar ($500) payment will result in loss of access to the PPCA community, and inability to use the title “Positive Psychology Coach Academy Certified Coach” and/or “Positive Psychology Coach, PPCA.” Like any certification program, the certification must remain active and in good standing in order to use the title. Should Client fail or elect not to pay the annual Recertification Fee, he/she/they will be required to rejoin the program as any new student would, at the regular price of fifteen thousand U.S. dollars ($15,000).
13. Intellectual Property
A. Client agrees and understands that Company has created numerous original, creative works in connection with the Program, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company. Client agrees he/she will be granted a revocable, non-exclusive license to use specified materials in the course of his or her own business, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
B. Company is the owner of the registered trademark for “PPCA” and Positive Psychology Promise” and “PPCA P.R.O.M.I.S.E.” within the United Kingdom and United States, and asserts common law ownership of both trademarks internationally, due to geographical use in commerce since 2020. Client confirms he/she/they understands this provisions, and will not use, profit from, or otherwise infringe upon either trademark, including but not limited to use of either trademark or anything confusingly similar thereto, in such a way that it would create confusion in the marketplace as to the source of the services.
B. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent, other than worksheets, and interactive materials specifically provided to Client for personal use. If such behavior is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
C. Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Company as she sees fit. Client will also have the opportunity to download forms, worksheets, modules, and other resources for personal use and use in connection with his/her business, but are NOT to be resold, reused, shared, or otherwise distributed by Client. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not:
i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Company;
ii. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
iii. Claim any content created by Company as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Company was Client’s work, and use in his/her business as his/her own.
iv. Share purchased materials, information, content with others who have not purchased them.
v. Use any trademarked or copyrighted material belonging to Company or another third part without express written permission;
vi. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
D. Licensee / Licensor Rights: Client’s License to Company
i. Client may be able to post original content to the members portal, private Facebook groups, or other messaging boards including but not limited to videos, comments, questions, testimonials, or photos. Client may also have the opportunity to respond to other students’ materials with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback.
ii. Should Client submit or post any such information, Client also agrees and understands he/she is assigning and/or licensing to Company the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any videos, information or content posted, in whole or in part, with or without identifying Client as the author of the original post or comment. If Company chooses to identify Client, Client also grants Company the right to use Client’s name and likeness without compensation, and identify him/her as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
iii. Testimonials: Based on Client’s experience and outcomes relating to his/her use of Program, Company may wish to feature Client, and/or any portion of Client’s experience, story, or results in connection with marketing for Program. Client understands that should any of his/her comments, posts, reviews, or information relating to experiences and/or outcomes be used, in whole or in part, in connection with Company’s future marketing for Program, whether on website, in paid advertisement, on social media, or any other manner deemed suitable by Company and Company’s team, Client is not entitled to any payment and will not request any form of payment or favorable treatment in return.
E. Included within this license to use Company’s information and materials is the limited right to use Company’s proprietary name “PPCA” if Client is certified as a PPCA Certified Coach, within the specific boundaries and guidelines as provided by Company, in order to properly note and market oneself as a certified PPCA Coach. Please consult the Certification Guidelines if selected for certification by Company following Program for more information.
14. Indemnification
A. Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
15. Limitation of Liability
A. Company is providing Client with information and education necessary in order to become trained in Company’s proprietary methods of Coaching around coaching and positive psychology. Company does not make any assertions or provide advice regarding the ethical and legal considerations of Coaching and/or how to properly navigate between providing services under a state-specific license, and utilizing education and information to build an international Coaching business providing services as a Company. You as the client confirm it is your responsibility to confirm with your state ethics board and/or ethics department of your licensing body in order to confirm your abilities to operate as a Company. Client confirms he/she does not hold Company responsible, nor will Company be liable in any way should Client be fined, investigated, reprimanded in any way, suspended, or lose his/her license or ability to practice due to his/her decision to start a Coaching business. Client confirms he/she is seeking out Company and electing to learn Company’s Coaching methods in order to implement them into his/her own Coaching business. Company is not in any way suggesting nor recommending that Client become a Company, or that Client may do so alongside his/her current license. Any issues that may arise due to Client’s participation herein or services being provided as a Company are wholly the responsibility and decision of Client; Company is to have no involvement or responsibility.
Under no circumstances will Company be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to Client in connection with his/her use of any advice, goods or services received from a guest speaker or third-party referenced or mentioned within Program.
Under no circumstances, including but not limited to negligence, will Company be liable for any special or consequential damages that result from the use of, or the inability to use, the Program, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you as the Client. In no event shall the total liability to Client by Company for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by Client to Company in connection with Program.
16. Affiliate Relationship
Client may be offered the opportunity to act as an affiliate for Program, and receive a commission on all completed sales made using Client’s unique affiliate link. If Client is offered and chooses to accept such role as an affiliate, Client accepts the following terms and conditions:
Termination. Company may terminate Client’s status as an affiliate at any time, with or without cause. If terminated, Client will be paid on all sales made prior to termination, and shall no longer act as an affiliate for Program.
Commission. For all completed sales made using Client’s unique affiliate link, Client will receive a commission of ten percent (10%) of funds received, less any transaction fees owed to third party payment companies. No commission will be paid for attempted sales that are not completed, when the purchaser fails to use Client’s affiliate link, or purchases made by Client him/herself. No commission will be paid for client upgrades who are already clients of the company. Commission will be paid monthly within a reasonable amount of time, using the payment mechanism agreed upon between Company and Client, and will be adjusted for any purchases canceled, those which become delinquent, or those otherwise unable to be completed by Company. Company reserves the right to change the commission rate and structure at any time.
Advertisement. Client understands that any and all actions taken by Client are a direct reflection of and can create liability for Company, and as such, agrees to abide by all FTC regulations regarding advertisement. Client will not make any guarantees of outcomes, earnings, or other claims regarding PPCA, regardless of Client’s experience. Client may offer his/her/their own experiences and testimonials regarding Program only. Client agrees he/she/they will provide Company with drafts of any large promotional materials Client intends to use, including but not limited to advertisements, emails going out to Client’s email list, or posts on social media. Client will not use any form of paid advertisement to promote PPCA without written permission from Company and approval of the proposed advertisement.
Intellectual Property. Client will be granted a revocable, non-exclusive license to use any promotional materials or information about PPCA provided by Company, and all trademarks owned by Company purely for organic marketing purposes; however, Client will not alter, reproduce, or create new images or text of any promotional materials without permission from Company. Client is not permitted to use any intellectual property of Company’s other than that which is expressly provided herein.
17. Termination
Company reserves the right to immediately terminate Client’s participation in and access to Program upon breach of any provision herein, in its sole discretion, including defaulting on payment plans. For clarity purposes, Company may also terminate Client’s access to Program due to any unwanted behavior, including but not limited to constantly speaking negatively about Company and/or Program in a way that impacts other clients within Program, bullying or otherwise negatively impacting other clients, failing to commit to Program and do the work to be successful. Unless otherwise agreed upon in writing and signed by all parties, termination by Company will not relieve Client of his/her obligation to complete all payments owed in connection with Program.
Client may terminate this Agreement at any time by issuing a written notice to Company advising Company of Client’s intention to terminate his/her participation in Program. Please note any termination by Client will not relieve Client of his/her financial obligations. Client will still be responsible for completing any and all remaining payments in a payment plan, and will not be entitled to a refund for any funds paid to Company. Client understands that by committing to Program and purchasing a coveted seat within Program, Client understands the financial commitment he/she is making, and that any election to end participation in Program or failure to participate in in Program will not entitle Client to any refund, or to stop making payments to Company under a payment plan agreed to herein.
18. Dispute Resolution
A. Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)
B. If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
19. Applicable Law
A. This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.
20. Amendments
A. This agreement may be altered, amended, changed, or updated based upon updates in Program or current relevant laws. Client will be notified of any material changes to this Agreement, and Client’s continued use of Program constitutes an agreement to the most updated version of this Agreement.
PROGRAM OUTLINE ADDENDUM
Once the Program is purchased and all Agreements are complete, Client is to have full and complete access to the entire PPCA Program, inclusive of the following videos and information. Program is to run live for Six (6) weeks. Client understands and agrees such information is subject to change based upon Company’s sole desires, and does not hold Company responsible if the below changes slightly, as long as the value remains. Program includes the following:
1. Once Weekly 60-minute group virtual sessions via Zoom. Coach will confirm the date and time of each weekly session by posting details of the session date and start time into the Positive Psychology Coach Cohere Group (or similar should another group platform be used). The Client understands and accepts that it is the Client’s responsibility to check the private mentoring group regularly and to take note of the weekly Session time.
2. Three (3) “core” pillars of education, with several modules in each piller, as follows:
Core 1: Introduction, competencies, coaching foundations, coaching tools
Core 2: Positive Psychology fundamentals, definitions, assessments, and research articles
Core 3: The PROMISE, positive emotions, engagement, relationships, health
2. Six (6) educational modules, released weekly, plus an additional orientation/ introduction module released prior to the Program beginning live, and additional bonus modules at Company’s discretion.
3. Access to Company and coaches through a private Cohere group, “Positive Psychology Coach Academy” or similar online facility. Company will use all reasonable efforts to respond to all questions and/or messages posted inside the group within 48 hours, where a member of Company has been tagged or otherwise notified of such message by Client.
4. Twelve (12) months access to the Positive Psychology Coach Certification online private members area and the resources contained therein.
5. Continued email access to Company for the duration of the Program, via support@unstoppablesuccess.com. Company and its coaches shall use all reasonable endeavours to respond to any email messages sent by the Client within 48 hours of receipt.
6. Client MUST complete all modules, calls, and assignments, as well as all coaching hours, supervision hours, and participation hours before becoming eligible to take the final examination and achieve certification. Please refer to paragraph 9 (C) above for more details. Upon completion of Program in its entirety, Client will be eligible to take the final examination, and, upon receiving a passing score, will receive certification. If Client does not complete Program in full within the time frame allotted, does not pass examination, and/or does not fulfill Program requirements in any way, within the sole discretion of Company, Client understands and agrees that he/she may not receive certification. If no Certification is obtained, Client will still have access to Program, but will not be able to use the title of Certified Coach, and will not receive a refund for Program.
Additional Terms regarding Program
SMS/Mobile Texting. When Client purchases Program, he/she may be asked to provide his/her phone number, which we may use to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or messages related to Program, Company, or any of its related programs or services. Client can opt-out of receiving any future text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for Program, Client hereby grants Company permission to text Client until he/she replies STOP. Company does not ever sell or rent client phone numbers and it only communicates with you regarding relevant topics or specific Programs he/she asked for information about.
Cohere Group Access: Client will also be granted access to a private group on social media organized by Company as part of Program. When granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client choose to post anything in this Facebook group, Client is agreeing and acknowledging he or she will not post anything that could harm Company or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bullying, Client’s comments will be removed immediately, and Company reserves her right to take action against Client to the full extent of applicable laws.
The Client acknowledges and understands that the Program is a group program and that the Sessions are group sessions hosted by Company. Client agrees to conduct him/herself in a reasonable and responsible manner at all times during Program and within the Platforms. In the event Client acts in a way which is disruptive, or which causes offence, distress or alarm, to any other student within Program, Client will be excluded from the group call and /or removed from the Program without refund. Following such removal and exclusion, Company will arrange a meeting with the Client to discuss the matter and to determine whether Client will be removed and/or excluded permanently. Such decision to be at Company’s absolute discretion.
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