TERMS OF PURCHASE
Fantabulously ADHD MEMBERSHIP
By using the Site to purchase something from Saundra Brodkin, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (https://saundrabrodkin.com/privacypolicy/).
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Saundra Brodkin (“Coach”), acting on behalf of SAUNDRA BRODKIN (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
If you create an account on the Site, or enrol and request an account to be created for you by the company “SAUNDRA BRODKIN”, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify Saundra Brodkin of any unauthorized uses of your data, your account or any other breaches of security.
These Terms govern our services as if they are offered through the Site, on the telephone, or through other digital services such as Zoom (the “Services”).
You may not use the account, username, or password of another user at any time or disclose your password to any third party or permitting any third party to access your account.
This Agreement is entered into by and between: Saundra Brodkin, ADHD Life Coach, Online Coaching (B.Ed, M.Ed, IAC, Power of Coaching OLEVI) and you “Client,” whereby Saundra Brodkin agrees to provide Coaching Services to you “client” through the delivery of the Fantabulously ADHD Membership (beta-test) “program”.
Generalized Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal and/or professional goals and to develop and carry out a strategy/plan for achieving those goals.
- Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with Fantabulously ADHD.
- The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on the Coach’s Website https://www.saundrabrodkin.com as part of the Program.
- Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
- Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
- The content included in the Program is for your individual, non-commercial use. Client agrees not to share login details and/or Program materials with any third parties.
- Coach reserves the right to remove the Client from the Program at any time for any reason.
The Fantabulously ADHD Membership is comprised of:
- 9 Step Signature Fantabulously ADHD Program
- Fantabulously ADHD Signature Guidebooks
- Community Initiated body doubling
- Private community
- Access to all past coaching call recordings
- Time Managament Mastery course
*Saundra may be out of the office from time to time but will give notice in advance. There will be no refunds given for missed days or missed group coaching Zoom Calls.
**Saundra may take up to 24-48 hours (business days) to respond. If Saundra is out of the office, she may take longer than 48 hours to reply. Coach will have an automatic reply set up by email and will notify Program members via posting an announcement in the Program Community.
Monthly payments are non-refundable. It is the client's responsibility to cancel their subscription in advance of their next payment (should they want to cancel).
Client agrees to be open minded to Coach’s methods and partake in services as proposed.
- Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach and materials provided on the Fantabulously ADHD platform.
- As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and understands that the coach does not prevent, cure, or treat any mental disorder or medical disease.
- Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
- Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
- By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice. It shall not be used as a form of obtaining an ADHD diagnosis or evaluation.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
- The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
- The Coach may provide Client with third-party recommendations for such services as marketing, photography, business, health, therapy, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
- The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
- The Client is entering into this agreement without fear, threat, or compulsion from anyone.
- The Coach recommends that the Client advise their current therapist, psychotherapist, counsellor of the services by which the Coach will be providing.
- Information on the Coach’s social media platforms (i.e. Facebook, Instagram, Twitter) shall not be construed as a furtherance of the Coach and Client’s relationship, even if the information presented applies to the Client’s circumstances.
- Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs, courses, and/or services. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
- The parties agree to engage in Fantabulously ADHD through the communication means outlined above. Coach will be available to the Client in the Community. Coach may also be available for additional time, per Client’s request on a prorated basis rate of $225/hour (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours). Any further services or out of pocket expenses shall be confirmed between the parties via email and signed documents of informed consent.
SCHEDULE AND FEES
- This coaching agreement is valid as of the date of the Client’s first payment.
- Fees must be paid in Canadian Currency (CAD) as indicated on the registration page.
- The fee is based on the inclusions in the Fantabulously ADHD program.
- Client is provided the option of a monthly membership payment plan, as set forth on the Coach’s website, or otherwise provided to the the Client, and the payment plan selected by the Client (the “Fee”).
- The first monthly payment must be received before access to the program is granted. To maintain membership access, monthly payments must be received at the beginning of each proceeding month (start date determined by first payment).
- The Zoom calls will be 60 minutes. If rates change before this agreement has been entered into, the prevailing rates will apply.
- Credit Card Authorization. Each Party hereto acknowledges that Coach will charge the credit card or payment method AUTOMATICALLY chosen by the Client.
- In the event Client fails to make any of the payments during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Client has not paid within fourteen (7) days, Coach has the right to terminate the agreement.
- The time of the group coaching calls will be determined by the Coach and a monthly calendar will be posted in the welcome tab of the 9-step Program. All Coaching Calls will be scheduled through Zoom. If the Coach will need to use a different platform for a scheduled call, Client will be notified prior to the scheduled coaching call time via posting in the Community or via email.
- This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is kept protected and confidential. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
- The Coach and Client recognize that email and text messaging are not secure methods of communication. All sensitive information should be communicated through the scheduled group Zoom calls.
- Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
- The Coach and the Client also recognize that there is no guarantee that the information conveyed through the Zoom calls could be subject to internet breaches and/or hackers. By agreeing to have the meetings over Zoom the Client is acknowledging this ongoing threat to his/her privacy.
- The Coach cannot guarantee the security measures put in place by Zoom, and if there are internet breaches or hacks to Zoom calls, then the Coach shall not be held responsible for said breaches related to internet security or privacy measures put in place by the Zoom company.
- Company may take photographs, videos, or audio recording during the Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
- Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Membership. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Membership.
- Client 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 Client 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 Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
INTELLECTUAL PROPERTY RIGHTS.
- In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if the Client is caught violating this intellectual property policy.
- The Parties agree and accept that the only venue for resolving 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 Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
- Should the client want to cancel the beta-test membership, the Client agrees to do so through the "site" or send an email with at least 48 hours notice to allow for support and no lost fees. Notification with less than 24 hours notice will require the Client to forfeit any processed fees, no refund will be applied. Extreme circumstances are evaluated on a case by case basis.
- Group Zoom calls are scheduled at set times. It is the Client’s responsibility to attend. If the Client cannot attend, the Client forfeits the session. No refunds will be provided for unattended group Zoom coaching calls.
RECORD RETENTION POLICY
- The Client acknowledges that the Coach has disclosed her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice for a period of not less than three years.
TERMINATION AND REFUND POLICY
- Either the Client or the Coach may terminate this Agreement at any time with two weeks written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship and in accordance with the Program refund policy.
- Once the monthly fee has been received, it is non-refundable.
- Upon cancellation of membership, there will be no refund given. If Client cancels after a payment, Client will have access to the membership until the day before the Client’s next payment is due. The payment will not renew and no refunds will be given.
- If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds
- If you haven’t received a refund yet, first check your bank account again.
- Then contact your credit card company, it may take some time before your refund is officially posted.
- Next contact your bank. There is often some processing time before a refund is posted.
- If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected].
- By using SAUNDRA BRODKIN services and purchasing this program, FANTABULOUSLY ADHD, the Client accepts any and all risks, foreseeable and unforeseeable, arising from such transaction. Client agrees that Coach 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 the Program. Client agrees that use of this Program is at user’s own risk.
- Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
- This agreement shall be submitted as a complete defence for any allegations of alleged negligence or alleges injuries/loss brought by the Client for services provided by the Coach.
- If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. The parties shall share equally in the costs of said mediation. If the dispute is not so resolved, and it is necessary, legal action may be taken.
- If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- This document is a legal contract: the Client, if concerned or unsure of the terms and conditions of this Agreement, or any of the other documents referred to as being included, are urged to confer with a lawyer, Legal Aid duty counsel at one of the clinics in the City, a friend or member of the family who may have more experience in these matters or to simply take the document home and read them over for a day or two prior to signing this agreement. The Client in entering this agreement acknowledges that they have read over this agreement and has either taken the opportunity to understand and appreciate them, or are content to enter the Agreement without doing so.
- This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any conflicts of laws provisions. This is despite the fact that the Client resides in another province or state that is governed by the United States of America.
- Binding Effect
- i) This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
- This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except by written or virtual signature by both the Coach and the Client.
If you have any questions please contact [email protected].
Updated October 3, 2022.
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