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Program Agreement – Have Your CAKE (and Feel Peaceful, Too)

This is an agreement between Cake is Magical Wellness (“Company”) and enrollee in the “Have Your CAKE (and Feel Peaceful, Too) Program (“Client”).

FORMAT

  1. This Agreement provides access to a three-month self-paced, online program entitled “Have Your CAKE (and Feel Peaceful, Too)” as follows:
    1. Lifetime access to the online portal available at https://cake-is-magical-wellness.simplerosites.com/courses/4281-have-your-cake-and-feel-peaceful-too
    2. One or more weekly email prompts to Client’s email address;
    3. Virtual “office hours” to be held at least twice monthly; and
    4. Optional one-on-one coaching sessions (either added to Program for separate fees; or as bonus) with Barbara Spanjers (“Coach”), to be scheduled as provided for in this Agreement.

FEES

  1. Payment for the Program is at the option of the Client, as either one payment of $997 USD, or three recurring payments of $367.
  2. Acceptable payment methods: Credit cards.

ONE-ON-ON COACHING SESSIONS

  1. One-on-one sessions are available for purchase, to be added to enrollment in The Program. Occasionally, one-on-one coaching sessions may be offered as a Bonus to the Program. Coaching sessions shall be scheduled for a date that is within 100 days of the Effective Date of this Agreement (the date Client enrolled for Program), using the scheduling link available at https://app.acuityscheduling.com/schedule.php?owner=13352238&appointmentType=2666236. Unused sessions are forfeited at the expiration of the 90-day period, without refund.
  2. A separate “Client Responsibilities and Coaching Sessions” document will be sent via email to the email address provided at time of Program enrollment. The document must be electronically signed before individual coaching sessions may be scheduled.
  3. Coaching sessions take place by Zoom videoconference. The Coach and Client will each log in to the virtual meeting room at the scheduled time.
  4. Twenty-four (24) hours’ notice by email or via the online calendar at https://app.acuityscheduling.com/schedule.php?owner=13352238&appointmentType=2666236 is required to reschedule. Failure to provide notice results in a forfeited session.

CONFIDENTIALITY

  1. Information shared in coaching sessions is confidential and not shared outside the session unless mutually agreed upon and documented in writing by Coach.Confidentiality Exception: If Coach is required by law to make disclosure regarding the information shared in a coaching session, or where Coach has a good faith belief that disclosure of such information is necessary to comply with the law; or to protect Coach’s rights or property; to avoid harm to the Coach, Client, or a third party; or to respond to an emergency, Coach will limit disclosure to essential information.

ACCESS AND INTELLECTUAL PROPERTY

  1. Occasionally the contents of the online portal and access to Coach may have to change based on group needs, available technology, and factors outside the Company’s control. The Company will replace or substitute the items above, if it determines it is necessary to do so in its sole discretion, with something similar of equal or greater value.
  2. Ownership of Written Materials. As a Program participant, you will have one license to view written materials provided by Company. You do not have ownership of this information, which is protected by federal copyright laws. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, in whole or in part, without express written consent of Company, which it may withhold for any reason, and purchase of a license (prices start at $2,500.00). Failure to abide by this policy will result in termination of access to the portal and issuance of an invoice for the license fee.
  3. If company determines in its sole discretion to remove the online portal, Company will provide thirty days’ notice and one license to download the information contained in the Program for your personal use. Company may require your agreement to additional terms to protect its intellectual property. Nothing herein should be construed to give you ownership or license to use the Company’s intellectual property except as otherwise specified herein.
  4. Cake Is Magical Wellness protects its names! You are not receiving permission to use trade and service marks of the Company, including its name or the Program name, or any other mark owned by the Company, even if not listed here.

TERMINATION

  1. Client may choose to discontinue enrollment in the Program at any time, for any reason, subject to the refund policy in this Agreement.
  2. Coach may discontinue the coaching relationship for the following reasons:
    1. Client, if paying in installments, fails to make payment (by choice or because the payment method is cancelled, declined, or otherwise unavailable) within 7 days of the due date. No refund shall issue in this circumstance and no further sessions shall be conducted and access to Program materials shall be revoked. Client acknowledges that this is a three-month Program, and not a pay by month, or pay for partial access, option, which would not be fair to those who commit to the entire three months.
    2. Coach determines, in her sole discretion and without requiring disclosure of the reason, that the relationship must terminate. In this circumstance, Coach will provide a pro-rated refund of $142.43 ($157.29 if Client paid via payment plan) for each of the remaining content modules.

REFUNDS

  1. There is a seven-day no questions asked refund available. The refund request must be made by email by the end of the 7th day from purchase, to hello@barbaraspanjers.com

DISPUTES

  1. This Agreement is made and shall be enforced according to the laws of the State of Nevada, without regard to its conflicts of law principles. Client agrees to submit to personal jurisdiction in the Clark County Courts, Las Vegas, Nevada, as the sole forum in the event of a dispute under this Agreement.
  2. Any claims arising from this agreement for losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, shall be limited to the amount paid hereunder.

OTHER

  1. This Agreement, with the Client and Coach Responsibilities document for bonus one-on-one coaching sessions, is the final and complete agreement between the parties hereto, and any changes must be made in writing and signed by both parties. A waiver of one provision shall not be deemed a continuing waiver or a waiver of any other provision of this Agreement.
  2. By checking the Agreement Box on the online enrollment page for “Have Your CAKE (and Feel Peaceful, Too),” Client agrees to its terms and acknowledges that he or she has read and understands the Disclaimer available at https://barbaraspanjers.com/legal-notices/ and which is incorporated herein by reference.