BODY OF WORK

TERMS AND CONDITIONS

Terms and Conditions Agreement

Effective Date: February 15, 2023

INTRODUCTION

Thank you for signing up The Body of Work (“PROGRAM”).

All sales are final for this PROGRAM. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the PROGRAM for which these terms appear, you (“CLIENT”) are executing a legally binding agreement with Shelby Leigh LLC (the “COMPANY”), subject to the following terms and conditions (“AGREEMENT”):

The COMPANY provides individuals and business owners with support, consulting and coaching to help grow their professional development with somatic and trauma informed skills and tools. COMPANY offers a 10-month group support course to help participants gain confidence and deepen self-trust, called Body of Work (the “PROGRAM”).

PROGRAM SPECIFICS AND COACH RESPONSIBILITIES

A. PROGRAM INCLUSIONS.

The PROGRAM shall include:

Thirty (30) group consultation calls via Zoom, with three (3) calls taking place each month during the 10-month TERM of this AGREEMENT;
10-months’ access to an online peer support community, currently hosted via Thinkific;
1-Year ACCESS to recorded consult replay videos and bonus videos on the course portal;

B. OFFICE HOURS.

COACH shall respond to CLIENT feedback, questions, or messages exclusively exclusively during office hours, which are between 9 am and 5 pm Pacific Standard Time/Pacific Daylight Time Monday through Friday (“OFFICE HOURS”).

C. BONUSES.

From time to time, COMPANY may offer certain bonuses to prospective clients to incentivize them to join or pay-in-full for the PROGRAM. The bonuses shall be limited to those described on the sales page at the time of purchase; there is no guarantee to access for future bonuses or discounts.

D. TIME ZONES & ATTENDANCE.

Note, the COMPANY cannot accommodate every PROGRAM member’s schedule, due to varying time zones and responsibilities. As such, each group coaching call will take place at a designated time of a certain day during the TERM of this Agreement, as described above. The COMPANY shall not reschedule group calls if CLIENT is unable to attend any or all group calls due to schedule conflicts or time zone difference. Likewise, the CLIENT shall not receive a refund in whole or part due to CLIENT’s inability to attend any calls or participate in any aspect of this PROGRAM.

6. REFUND POLICY

The CLIENT shall have a period of thirty (30) business days, starting from the first date of the first group consult call, to request a refund of the PROGRAM without any questions asked. CLIENT must submit their refund request in writing within this 30-day period. Any request for a refund made after this 30-day period will not be honored.

7. PAYMENT & FEES

A. GENERAL.

Upon execution of this Agreement, CLIENT agrees to pay to the COMPANY the full FEE (defined below), regardless of what payment option CLIENT selects at checkout. The COMPANY offers payment plans in addition to a pay-in-full option.

B. PAYMENT PLANS.

If CLIENT opts for a payment plan, CLIENT will be responsible for paying the remaining invoices unless CLIENT obtains a refund through our Refund Policy outlined in Section 6 above. CLIENT authorizes COMPANY to automatically charge the credit card or account used at checkout to complete all payments pursuant to the payment plan CLIENT selected at checkout, and CLIENT does not require separate authorization for each payment.

C. DEFAULT & LATE FEES.

If any payments fail, CLIENT agrees to remedy the situation immediately (ie. update CLIENT’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days or else CLIENT forfeits their right to access the PROGRAM. In the event that a payment is not made, COMPANY will temporarily suspend access until the payment(s) and late fee(s) are caught up.

COMPANY understands that, from time to time, there are issues with payment. All payments must be received by COMPANY within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within ten (10) days of their due date will result in CLIENT’S breach of this Agreement and may result in termination of COACHING SERVICES with no refunds and with all future payments due and owing under the Agreement.

COMPANY reserves the right to collect any and all monies owed by CLIENT to COMPANY, by any means necessary within the parameters of the law. CLIENT shall pay for any fees associated with recouping payment, including but not limited to, collections fees, late fees, interest, administrative fees, and/or attorneys’ fees, as well as costs and disbursements related to same.

D. CHARGEBACKS.

CLIENT shall not threaten or make any chargebacks to the COMPANY’s account or cancel the credit card that is provided as security without the COMPANY’s prior written consent. In the event of a chargeback, COMPANY reserves the right to report the incident to credit reporting agencies as a delinquent account.

E. FEES.

COMPANY is not responsible for any foreign transaction fees or for currency exchange rates.

8. TERMINATION

COACH is committed to providing quality service to all CLIENTS. However, from time to time, situations arise that require the COACH to terminate the Agreement before the TERM expires. As such, COACH reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) CLIENT fails to follow PROGRAM guidelines; 2) CLIENT is abusive or harasses COACH or other members of COMPANY; 3) CLIENT refuses to pay or does not pay within the schedule outlined in Section 7 above; 4) For any other legitimate business purposes in the best interest of COACH and/or COMPANY. If any of the following causes trigger COACH to terminate the Agreement, COMPANY shall refund CLIENT for the unused portion of the PROGRAM, in a prorated amount determined at the sole discretion of COMPANY.

CLIENT dissatisfaction with COMPANY and/or COACH’S subjective teaching style, independent judgment, methods, or other techniques, as well as disappointment with the size of the group PROGRAM container, are not valid reasons for termination of this Agreement or request of any monies returned to CLIENT. Even if CLIENT does not complete all portions of the PROGRAM, CLIENT is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the PROGRAM and executing this Agreement.

9. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE

A. CONFIDENTIAL INFORMATION.

COMPANY takes pride in its proprietary information that is inherently part of COMPANY’s systems and included in each PROGRAM. As such, CLIENT agrees and acknowledges all “CONFIDENTIAL INFORMATION” (defined below) shared through this PROGRAM and by the COACH is confidential, proprietary, and belongs exclusively to COMPANY.

“CONFIDENTIAL INFORMATION” includes, but is not limited to:

Any systems, sequences, processes or steps shared with CLIENT;
Any information disclosed in association with this Agreement, including the contents of Agreement;
Any conversations held between the COACH and CLIENT during a session or otherwise;
Any information or data (in tangible or intangible form, regardless of medium), belonging to COMPANY and not generally known by the public;
Any other information or material that should reasonably be recognized as confidential.

B. GROUP GUIDELINES.

CLIENT hereby acknowledges that this is a group PROGRAM. As such, there may be times (ie. inside the private group community and/or during coaching calls) where other PROGRAM participants have access to CLIENT’s information, including business ideas, questions, etc. Likewise, CLIENT may have access to other members’ information. CLIENT hereby agrees to keep all participants’ information discussed during the PROGRAM confidential, and rests assured that other participants are under the same obligation to CLIENT. However, CLIENT hereby indemnifies and holds COMPANY harmless for any PROGRAM participants’ breach of this section.

CLIENT and other PROGRAM participants also agree to be supportive and kind to one another. Any incidents of bullying, harassment, discrimination, or other abuse shall be met with a Zero Tolerance policy, and COMPANY reserves the right to expel CLIENT pursuant to Section 8 above.

C. TESTIMONIALS.

COMPANY also takes seriously its responsibility to protect CLIENT’S personal information and privacy. COACH and COMPANY agree not to disclose any of CLIENT’S personal information, such as but is not limited to, discussions held during sessions.

However, from time to time, COMPANY may use general statements about CLIENT’S success as social proof and part of its marketing strategy. By signing this Agreement, CLIENT agrees to COACH and COMPANY sharing CLIENT’S success stories on social media or COMPANY email newsletter marketing which may include screenshots of conversations between COACH and CLIENT (however, in this case, COACH shall always ask permission before sharing, and offer to redact any information and/or keep the comment anonymous). COMPANY may also ask CLIENT to provide testimonials about the COACH, the COMPANY, and the PROGRAM via video, audio or written testimonials, which COMPANY may use on its social media and in paid advertisements. CLIENT hereby authorizes COMPANY to use CLIENT’s name, likeness, and image on COMPANY’s social media accounts, websites, and in advertisements as part of CLIENT’s testimonial. CLIENT hereby releases all rights associated with compensation, including royalties, for COMPANY’s use of CLIENT’s name, image, and/or likeness in testimonials.

D. INTELLECTUAL PROPERTY.

This PROGRAM and content contain intellectual property owned by COACH, COMPANY and by third-parties that license certain intellectual property to COMPANY. This Agreement is intellectual property licensed to COMPANY.

Other examples of intellectual property found on our website and within our PROGRAM, products and services include, but are not limited to: methods, systems, workshops, videos, downloadable materials, trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “INTELLECTUAL PROPERTY”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the INTELLECTUAL PROPERTY owned by or licensed to COMPANY, either whole or part, without prior written consent.

E. LIMITED LICENSE.

COMPANY grants CLIENT a limited, personal, non-exclusive and non-transferable license to use the PROGRAM for their personal and internal business use. CLIENT acknowledges that any and all products or materials that are downloaded are for their own personal and internal business use. CLIENT shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the PROGRAM without prior written consent or unless provided otherwise.

CLIENT holds a limited license during the TERM of this Agreement to use COACH’S proprietary PROGRAM. If the CLIENT is also a business owner in a similar industry, CLIENT shall not misappropriate any of COACH’S or COMPANY’S INTELLECTUAL PROPERTY in the following manner:

Teaching CLIENT’S personal clients any of the information, methods, solutions, or formulae owned by COACH and/or COMPANY and passing it off as their own;
Copying any of COACH’S course material for CLIENT’S commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the INTELLECTUAL PROPERTY owned by COACH in either whole or part without prior written consent.

10. MISCELLANEOUS

Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

Voluntary Agreement - THE PARTIES ACKNOWLEDGE THAT THEY HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY, WITHOUT COERCION, AND BASED UPON THEIR OWN JUDGMENT AND NOT IN RELIANCE UPON ANY REPRESENTATIONS OR PROMISES MADE BY ANY OTHER PARTY OTHER THAN THOSE REPRESENTATIONS OR PROMISES CONTAINED IN THIS AGREEMENT.

Governing Law - COMPANY is located in the United States of America and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of the United States and the venue shall be a court or decision-maker of competent jurisdiction within the United States.

Arbitration - Any disputes arising under this Agreement shall first be resolved through an arbitration proceeding. The decision or award of the arbitrator shall be final and binding upon the parties.

Maximum Damages - CLIENT agrees and acknowledges that the maximum amount of damages that CLIENT may be entitled to in any claim arising from this AGREEMENT or PROGRAM shall not exceed the total cost of the PROGRAM.

Execution - CLIENT agrees to accept the above Agreement in its entirety when CLIENT selects and confirms “I agree to the Terms & Conditions” at the PROGRAM checkout page and by rendering first payment.

Amendments - Parties reserve the right to amend this AGREEMENT from time to time. Any amendments must be agreed in writing and executed by BOTH PARTIES.