Sloane Elizabeth LLC Terms & Conditions
TERMS AND CONDITIONS
Please READ carefully, as this pertains to the agreement ("Agreement") of your registration with any of the products sold ("Program") by Sloane Elizabeth LLC (“Sloane Elizabeth LLC”). By purchasing the products, you ("Client") agree to the following terms stated.
Sloane Elizabeth agrees to provide course content to help Client develop heal their relationship with food, body image, and self love. Client agrees to abide by all policies and procedures outlined in this Agreement.
Client understands Sloane Elizabeth LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietitian, or financial analyst, psychotherapist or accountant. Client understands their participation in this Program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client retains Sloane Elizabeth, and Sloane Elizabeth agrees to perform for Client, certain services set forth below to this Agreement. If any additional services are requested by the Client outside the scope outlined below, the provision of those services shall not be governed according to the terms of this Agreement and if Sloane Elizabeth agrees to provide such Services, they shall be governed by an additional signed document by both parties.
Client understands that Sloane Elizabeth LLC has not promised, nor shall be obligated to, the following:
(1) Success in relationships, careers, and self development for the Client.
(2) Provide assistance, as either coach or mentor, with consultations for future contracts made by Client.
(3) Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
(4) Introduce Client to Sloane Elizabeth LLC's full network of contacts, media, or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program.
Client is responsible for the completion of all payment plans associated with products they purchase. Sloane Elizabeth LLC reserves the right to seek recovery of any monies remaining unpaid via its collection agency. Unsuccessful payments will accrue a 10% late fee per month and Client will be restricted access to the Program until payment is complete.
METHODS OF PAYMENT
Sloane Elizabeth LLC accepts Visa, Mastercard, and American Express as a form of payment. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client's credit card or debit card. If Client received their first month free, he/she authorizes the Sloane Elizabeth LLC to charge the credit card on file for the next payment installation.
Sloane Elizabeth LLC does DO NOT offer refunds on Programs.
Sloane Elizabeth LLC respects Clients’ privacy and insists that the Client respects Sloane Elizabeth LLC's as well. Any confidential information shared by Client or any representative of Sloane Elizabeth LLC is confidential, proprietary, and and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or Sloane Elizabeth, during the respective Program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both parties will keep private information in the strictest confidence and shall use their reasonable efforts to safeguard the confidential information and to protect it against disclosure, misuse, loss, and theft.
Client agrees not to violate the publicity or privacy rights belonging to Sloane Elizabeth LLC. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Sloane Elizabeth LLC's direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Products developed by Sloane Elizabeth LLC are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by Sloane Elizabeth LLC. Sloane Elizabeth LLC makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by Sloane Elizabeth LLC and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in products developed by Sloane Elizabeth LLC. Sloane Elizabeth's program, education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Sloane Elizabeth LLC assumes no responsibility for errors or omissions that may appear in any Program materials.
Both parties understand that the coaching relationship is a partnership. Sloane Elizabeth's sole focus is to empower the Client to attain the results they desire. In exchange, the Client hereby agrees to do their part by following through on the commitments they make during the Program. Client understands that they are responsible for making their own decisions and creating their own results. While Sloane Elizabeth will give the Client specific tools and suggestions, the Client agrees that it is ultimately their own and sole responsibility to make their own decisions and determine the best course of action for their life or business, and they are fully responsible for the results they achieve.
AUTHORIZATION AND RELEASE
Client understands that their participation in the Program may be recorded in audio, video, still image or other form (individually and collectively "Material"), and hereby grants to Sloane Elizabeth LLC and its representatives, successors, assigns, employees, contractors, licensees, agents, legal representatives, and any person, corporation, or entity acting under their permission or authority or for whom they might be acting, including anyone distributing or disseminating advertising for the products and/or services of Sloane Elizabeth LLC: the right and permission to publish, reproduce, distribute, broadcast and/or otherwise use the Material in such manner, in any medium now known or later developed, worldwide in perpetuity, for such purposes, in whole or in part, as Sloane Elizabeth LLC shall determine in its sole discretion without further compensation or consideration to Client and without further authorization by Client without any restriction as to changes or alterations (including, but not limited to, composite or distorted representations or derivative works made in any medium) in connection with the development of a coaching library or the promotion of Sloane Elizabeth LLC’s business, products, and/or services. Client disclaims any interest in the Material and further acknowledges that such Material constitutes the sole property of Sloane Elizabeth LLC (or its successors or assigns as the case may be).
Client hereby warrants that they are over eighteen years of age and competent to contract in Client's own name, or that a legal guardian has approved of their enrollment in this Program.
Client hereby consents, without restriction or limitation as to time or geographic boundary, to the use of Client’s name, approved photograph, approved likeness, voice, and Client’s testimonial, solely in relation to Client’s success stories, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, print media and the internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research.
Client hereby waives all rights Client may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by the Coach for any product and/or service in connection with such use and publication.
Client acknowledges and agrees that Sloane Elizabeth LLC owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
LIMITATION OF LIABILITY
Client agrees they used Sloane Elizabeth LLC's services at their own risk and that Program is only an educational service being provided. Client releases Sloane Elizabeth LLC, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (“Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Sloane Elizabeth LLC will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Sloane Elizabeth LLC's services or enrollment in the Program. Sloane Elizabeth LLC assumes no responsibility for errors or omissions that may appear in any of the Program materials.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Sloane Elizabeth LLC or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
Client shall defend, indemnify, and hold harmless Sloane Elizabeth LLC, Sloane Elizabeth LLC's officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s). Client shall defend Sloane Elizabeth LLC in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Sloane Elizabeth LLC's shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Sloane Elizabeth LLC. In consideration of and as part of Client’s payment for the right to participate in Sloane Elizabeth LLC Programs, Client, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Sloane Elizabeth LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (“Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
NO TRANSFER OF INTELLECTUAL PROPERTY
Sloane Elizabeth LLC's Programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Sloane Elizabeth LLC's intellectual property for Client’s personal purposes. All intellectual property, including Sloane Elizabeth LLC's copyrighted program and/or course materials, shall remain the sole property of the Sloane Elizabeth LLC. No license to sell or distribute Sloane Elizabeth LLC's materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Sloane Elizabeth LLC is confidential and proprietary, and belongs solely and exclusively to Sloane Elizabeth LLC, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Sloane Elizabeth LLC. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, Sloane Elizabeth LLC will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Sloane Elizabeth LLC to perform its obligations under this Agreement, the Sloane Elizabeth LLC's performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Sloane Elizabeth LLC may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and purchasers shall be notified.
Sloane Elizabeth LLC is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that Sloane Elizabeth LLC may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Sloane Elizabeth LLC or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Sloane Elizabeth LLC. Client will still be liable to pay the total contract amount.
Any notices to be given hereunder by either Sloane Elizabeth LLC or Client to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: hello[at]kaleandkravings[dot]com. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter.