Career Leadership Foundation Program Terms of Use
By checking the box next to this Terms of Use, and clicking the “Sign me up!” button, you, the purchaser of The Career Leadership Foundation Program outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Hirsekorn Coaching, LLC, a Kansas Limited Liability Company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of nine hundred ninety-seven dollars ($997), Client has agreed to purchase The Career Leadership Foundation Program (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her training.
Program Outline
Client agrees and understands that they are purchasing Coach’s Career Leadership Foundation Program, a three-session program utilizing assessment tools designed to help attendees increase self-awareness, identify strengths and opportunities for growth, and set value-aligned goals.
Client acknowledges that they have read the Program Outline Addendum and conducted any additional research necessary to feel they understand what is being provided in Program and 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 Coach’s website.
Non-Disclosure
Following Client’s participation in this Program, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in the Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in the Program.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through the Program, and agrees they will be in violation of these Terms of Use if they use any of the Content outlined as their own material, or repurposes and uses the Content in their own business as a product or service being offered for sale, without express written permission of Coach. Client also understands and agrees they will not disclose or use any information provided to Client as part of their membership and/or ability to participate in the Program, other than for personal use in their own business and social media accounts without permission from Coach.
Testimonials
Coach may request Client provide a testimonial to be published on Coach’s website, or featured on Coach’s social media accounts. Client understands that they are not required to give any testimony and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses a testimonial.
If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website, social media, or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release if asked, confirming the same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands they are granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.
Payment and Payment Plan
Client understands the cost of the program is nine hundred ninety-seven U.S. dollars ($997), which is payable up front, in full. Client agrees to render payment via credit card on Coach’s sales and checkout page for Program. Client understands they are responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third-party payment processor of Coach’s choosing, in full.
If Client and Coach have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page.
Refund Policy
Due to the subjective nature of the Program provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to offer refunds once Client has purchased the program. Please conduct any and all necessary research to determine if Program is right for you prior to purchasing. Once the purchase is made, Client will not be eligible to receive a refund.
Voluntary Participation
Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in its services and that Program is able to help many people, Client acknowledges and agrees that Coach is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.
Disclaimer
Coach cannot guarantee Program results, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if they do not experience desired results.
Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.
Client understands that all services provided by Coach 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 Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees they do not have a cause of action, legal remedy, and are not entitled to a refund should they not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
Client also understands while Coach has completed law school and holds a Juris Doctor degree, Coach is not acting as an attorney, is not providing any legal advice, substantive legal assistance or information, or acting as an attorney or legal educator in any way. Program is designed to provide coaching in the field of career confidence. Client agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on their website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in their personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that they hold Coach responsible for.
Intellectual Property
Client agrees and understands that Coach has created numerous original, creative works in connection with the Program and/or is using licensed works, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, 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 Coach or created by iPEC and licensed for Coach’s use. Client agrees she may be granted a limited right to use selected materials in the course of their own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands they are 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 Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach 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.
Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, they are 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 Coach as she sees fit. Client understands this means they will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in their business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
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 Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Coach as part of the Program or otherwise given to Client is their own, meaning they cannot claim any content created by Coach was Client’s work, and use in their business as their own.
Share purchased materials, information, content with others who have not purchased them.
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.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, injury, illness, misunderstanding, 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 their actions as a direct or indirect result of Client’s participation in Program. Should Coach 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 Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
Dispute Resolution
Should a dispute arise between Coach 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 Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Overland Park, Kansas within a reasonable amount of time. Client and Coach 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.
Applicable Law
This Agreement shall be governed by and under control of the laws of Kansas regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Kansas are to be applicable here.
Amendments
This agreement may be altered, amended, changed, extended, or otherwise updated based upon the changes in relevant laws, the course or program being purchased, or due to Coach’s choosing. Your continued use of the product or service will constitute agreement to this document in its most updated form.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees they are purchasing The Career Leadership Foundations Program (PROGRAM) by Coach. Once the Program is purchased and all Agreements are agreed to, Client will receive the Program assessments by email, and Coach and Client will schedule the four Program coaching sessions. As outlined on the sales page, PROGRAM includes the following:
Energy Leadership Index (ELI) Assessment + Debrief with Coach (session one)
Value Alignment Session with Coach (session two)
Goal-Setting Session with Coach (session three)
Client has carefully read this Program Outline and acknowledges that they are aware of what is, and what is not, included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in the Program not listed here, Client understands it may not be included. Coach is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.
By completing the online purchase and being charged the amount listed above, Client confirms they have reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and their team in order to feel appropriately educated of the Program and product/service being offered. Client understands they will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.