More Than My Title, LLC- Private Coaching Agreement
The Client (Participant) agrees to the following terms and conditions:
Services. MTMT will provide the Participant with the services as attached to this Agreement (“Services”). These Services have been agreed upon by the Parties. MTMT will not provide any services outside the scope of those in this Agreement.
The Services MTMT will provide:
A PDF copy of the More Than My Title workbook;
Five (5) one-hour private virtual sessions with Dr. Sarabeth Berk; and
Access to the Online Courses: “Professional Identity Decoded” and “Brand Your Hybrid Identity”
Qualifications. The Participant is of the opinion that MTMT has the necessary qualifications, experience, and abilities to provide consulting services as outlined in this Agreement.
Program Fee. The Participant promises to pay MTMT (“Program Fee”) for the Services as specified in the Agreement. The Participant understands that adding services outside the scope of the Agreement will incur additional fees.
Payment. The Participant promises to pay MTMT the Program Fee immediately upon enrollment through MTMT’s payment purchasing platform Thrivecart or to purchase a Payment Plan option (“Payment Plan”) as outlined in the attached Payment Plan appendix. MTMT does not store any payment information. MTMT uses the payment purchasing platform Thrivecart which then processes the payment information through PayPal or Stripe.
Introductory Instructions. Upon completion of payment, the Participant shall receive an email including instructions on how to access course materials including the PDF, Online Course access, and Calendly for scheduling appointments. The Participant shall create a login and a unique password to access the online materials.
Private Sessions. The Participant must schedule each private session using the Calendly link. Reminder emails are automatically sent out forty-eight (48) hours in advance from the scheduled Session. If the Participant is unable to attend the Private Session, they reschedule for a future date. If a Private Session is canceled for any reason, the Participant will receive an email and be asked to reschedule for a future Session.
Participant’s Conduct. Participant assumes all risk and liability that may arise or be incurred while participating in this Private Coaching. Participant agrees to conduct themselves in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other parties. MTMT does not tolerate discriminatory or harassing behavior in private sessions, or in communications with MTMT, its owner, employees, contractors, or agents. Participant acknowledges and agrees that Company reserves the right to remove Participant from the Private Coaching, without reimbursement or refund, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption, or violates this section..
Contacting MTMT. MTMT may be contacted by emailing sarabeth@morethanmytitle.com or info@morethanmytitle.com, through tagging @morethanmytitle on Instagram, or @sarabethberk on LinkedIn. If the participant has any technical issues with the online tools, they should contact info@morethanmytitle.com to get support and troubleshoot the issue. Please allow MTMT seventy-two (72) hours to respond to communications. Communications will not be answered outside of normal business hours (8:00 a.m. to 5:00 p.m. U.S. Mountain time). MTMT will primarily contact the Participant through the email listed above. MTMT may send surveys or follow up emails after completion of the Private Coaching.
Termination. This Agreement shall continue until the end of the Services. Either Party has the right to cancel or terminate this Agreement at any time by written notice to the other Party.. Upon termination, all online access shall be discontinued and any future Private Sessions canceled. Upon termination by the Participant, all remaining scheduled payments according to the Payment Plan shall be paid in full immediately.
Participant Canceling Program.
Refund. Participant may cancel for a full Refund if they are dissatisfied with the Private Coaching. Please allow a few weeks for the refund to process as it is processed through the third-party payment platforms.
Significant Event. If a significant event occurs which prevents the Participant from beginning or completing the Private Coaching within three (3) months of the date of this Agreement, MTMT may provide a partial refund solely at its discretion based on the Services already provided and the actions taken by Participant. To request cancellation or refund, please e-mail info@morethanmytitle.com with the subject line “Cancellation Request” and fully identify all of the actions taken by Participant to attempt to schedule the Services and the significant event preventing such action. Under no circumstances may the PDF be returned for a refund.
MTMT Canceling Private Coaching. If MTMT is unable to complete this Agreement in full, MTMT may provide a partial or full refund solely at its discretion based on the Services already provided. The performance by MTMT of any obligation in this Agreement, the Payment Plan, and its Appendices and Amendments shall be excused if such failure is caused by any event or circumstance beyond its reasonable control or by the breach of the Participant.
MTMT Intellectual Property. MTMT is the owner or valid licensee of all copyrights, whether registered or unregistered, trademarks, logos, names, brands, writings, photos, drawings, processes, procedures, stories, videos, audiovisual recordings, and all other program and associated content as well as any moral rights attached to such content (“Intellectual Property”) throughout the world for the duration of this Agreement and thereafter. The Services may involve the additional exchange of information, forms, and documents, which shall be part of the Intellectual Property. This Agreement grants the Participant a limited, non-exclusive license to use the Intellectual Property for personal use, enjoyment, and development. Participant is not permitted to copy, distribute, transmit, record, or create derivative works of any portion of the Intellectual Property without the express written permission of MTMT. Any violation of this section or infringement of MTMT’s intellectual property rights shall result in immediate termination of this Agreement and liquidated damages of $100,000.00 per instance of breach. The Parties agree that any violation of this section shall result in irreparable harm to MTMT that may be difficult or impossible to quantify and that injunctive relief may be appropriate.
Participant Program Content; Privacy Policy. MTMT has collected Participant’s personally-identifiable information (“PII”), including name, address, phone number, e-mail, username, audiovisual recordings, statements, testimonials, and images for the following purposes:
To provide the Services in this Agreement;
To communicate with Participant regarding the Services;
To provide technical assistance to allow the Participant to access the Services;
To market the Services to third-parties throughout the world;
To track data and metrics internally for business development purposes;
To bill and invoice Participant for the Services;
To provide continued marketing and updates about future services to Participant; and
To develop and create additional content for future Services.
MTMT does not collect credit card or other payment information. MTMT will remove names and identifying facts to the extent possible or feasible when publishing marketing information to social media accounts and online forms.
Participant has the right to reach out to MTMT and request that MTMT remove all PII regarding Participant from its database and website. If Participant requests this removal prior to the services being completed, it shall be deemed a notice of termination and cancellation of services. Nothing in this removal shall prevent MTMT from being permitted to charge payments owed to MTMT under this Agreement.
Participant waives any right to payment, royalties, or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Participant waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of the Participant’s estates have or may have by reason of this authorization
Legal and Tax Advice. The Participant understands that MTMT is not an attorney or certified public accountant and does not give legal or tax advice. None of the programs or sessions shall be construed as legal or tax advice.
Governing Law. This Agreement and all amendments and appendices are governed by the laws of the State of Colorado and the federal laws of the United States as appropriate, regardless of the location of the Participant.
Dispute Resolution. If you are dissatisfied in any way, please contact MTMT through email so they can schedule a time to discuss the issue and determine next steps. In the event of a dispute arising from or related to this Agreement, the Payment Plan, and its Appendices or Amendments, the parties agree to first attempt to negotiate in order to resolve the issue. If the parties have not resolved the issue within thirty (30) days of sending a written notice of an issue, the parties agree to mediate the dispute with the Judicial Arbiter Group (“JAG”) in Denver, Colorado for any Participant living in the United States and with JAMS in Denver, Colorado under their International Mediation Rules for any Participant living outside of the United States. If the parties are unable to resolve the dispute in mediation, they agree to arbitrate the dispute with JAG in Denver, Colorado for any Participant living in the United States and with JAMS in Denver, Colorado under their International Commercial Arbitration Rules for any Participant living outside of the United States. The arbitration shall be held in English. There shall be a single arbitrator. The arbitrator shall have jurisdiction over any emergency or injunctive relief requested by the Parties. The prevailing party shall be entitled to attorney’s fees and reasonable costs.
Entire Agreement; Amendments. This Agreement and its appendices are the entire Agreement between the Parties. The Parties may amend this Agreement, add work to the scope of this Agreement, or extend this Agreement by adding an Amendment or Appendix to this Agreement which is signed and dated by both parties. At that point, that Amendment or Appendix will become a part of this Agreement.
Severability. If any provision of this Agreement is held to be unenforceable, the provision shall be severed from this Agreement without affecting the rest of the Agreement.