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GROUP COACHING TERMS OF PURCHASE

KARINA DHARMA

You (hereinafter: the “Client”) understand that by clicking the payment button, entering your credit card information, Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, that you agree to be provided with products, or services provided by Karina Dharma, a Company in the province of Ontario (hereinafter: the “Coach”) (collectively: the “Parties”), and hereby understand that you are entering into a legally binding agreement with the Company and are subject to the following terms and conditions: 

THIS COACHING AGREEMENT, (hereinafter: the “Agreement”) is made and entered into as of the date of purchase (hereinafter: the “Effective Date”), by and between the Parties. This Agreement sets forth the legally binding terms and conditions for services and/or access to materials provided for by the Company.

IN CONSIDERATION OF this Agreement you hereby acknowledge, understand and agree to be bound by the following terms and conditions.

• PURPOSE OF AGREEMENT

1.1 The intended purpose of this Agreement is to develop a coaching relationship between the Client and the Coach in order to provide personalized coaching using the methods and systems prescribed by the Coach (herein: “Coaching Services”).

1.2 The Coaching Services selected by the client is: Higher Self Business Academy. The Coach agrees to tailor each session to the specific needs and goals of the client.

• CLIENT RESPONSIBILITY

2.1 The Client agrees and accepts that they are solely responsible for creating and implementing their own physical, mental and emotional well being, decisions, choices, actions and results arising out of or resulting from the Coaching Services.

2.2 The Client further agrees and accepts that they are fully responsible for their own progress and results throughout the Coaching Services.

2.3 The Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the Coaching Services.

• PURCHASE PRICE AND TERMS OF PAYMENT 

3.1 The Client understands that unless otherwise specified on the order, payment of the purchase price shall be due on the date of purchase. The appropriate payment amount will be reflected upon checkout. The Client will be liable for all of the payments regardless of whether the Client continues to use the Program or not.

3.2 The Coach accepts payment through E-transfer, Stripe and/or PayPal as mutually agreed upon between the Parties, and the Client understands they will be charged in the amounts as listed at checkout. All installments will be due on the date stated on the invoice. 

3.3 The Client accepts that if they are unable to adhere to the payment schedule, they must provide notice to the Coach forty-eight [48] hours prior to the payment due date. If the Client does not provide notice, the Client understands that any delay in the payment will incur additional collection costs.

3.4 The Client understands that additional services, such as but not limited to, travel planning for the Client, are outside of the scope of the Coaching Services. The Coach may be available for additional services on the prorated basis of $333 USD as decided and agreed upon by the Coach. The Client understands that any delays or missed sessions on the Client’s behalf may also incur this fee as determined by the Coach.

3.5 The Client authorizes upon their first transaction for the Coach to charge their credit card account provided in accordance with the payment plan the Client has selected. The Client agrees to provide complete, current, and accurate payment information and to update the Coach should any payment information change, prior to the payment due date.

3.6 If payment is not received from the Client’s prescribed payment option, by the agreed-upon due date, the Client agrees to pay all amounts due upon demand, together with any applicable collection costs. 

3.7 The Client accepts that the Services may be refused if payment has not been made as required by this Agreement, and that the Coach reserves the right to cancel any Services, and/or terminate this Agreement if there is a failure in paying the required fees.

• REFUND POLICY

4.1 The Client understands that all sales are final and are not eligible for refund, returns or exchange after the initial 24 hours after purchase or if any of the sessions have been utilized. For all other products, there will be no refunds of any kind for any and all digital products offered by the Coach, sold on or through the Website or check out page. All sales of this type are full and final. By purchasing any and all digital products on this Website, the Client accepts without dispute the Terms of the Refund Policy and waives any and all claims in connection with the refund policies herein. 

• SCHEDULING AND RESCHEDULING 

6.1 The Client agrees to engage in LIVE bi-weekly coaching calls, 16 + Modules of recorded trainings, one 90-minute intensive used within the first 6 months of the program (if you Paid in Full), and 12 X 60 minute 1:1 Coaching Calls (if you chose the Higher Self Upgrade) of Coaching Services with the Coach through the prescribed method of Online Video Chat and/or in person if geographically possible or as otherwise outlined by the Coach prior to the session.

6.2 The time and date of the Coaching Services will be determined by the Coach and Client based on a mutually agreed upon time and will continue on that agreed upon time and day for the duration of the Coaching Services. The sessions shall be 60 minutes in length.

6.3 In the event the client has elected to pay in full, the Client may be eligible for a bonus call.  It is the Client’s responsibility to book the bonus ninety [90] minute intensive call with the Coach within the initial six [6] month period from the date of purchase. If the client fails to book this call within the allotted time frame, no exceptions will be made nor will any extensions be offered. 

6.4 The Client accepts that in addition to the Coaching Services, they will have further access to the Coach through the prescribed method of Telegram support as defined by the Coach. The Client understands that the Coach will make reasonable efforts to respond within 24 hours between the hours of 11:00 AM to 6:00 PM EST US on Monday through Friday.

6.5 The Client agrees to notify the Coach twenty-four [24] hours in advance of any scheduled 1:1 session that needs to be rescheduled. The Client understands that the Coach may only agree to reschedule up to one [1] call under this Agreement. Failure to notify the Coach may result in forfeiture of the call. The Coach reserves the right to charge the Client for a missed/canceled session if the Coach does not receive a minimum of twenty-four [24] hours notice in advance of a scheduled call. Any such notice must be sent to  iam@karinadharma.com 

• ADMINISTRATION

7.1  In the event of rescheduling, the Client and Coach agree to give 24 hours notice prior to the scheduled session. The Client further accepts that without notice, the Client will be charged for the session. The Client understands that if they are late to a session, the session will complete at the scheduled time.

7.2 The Client further understands that if, for whatever reason, they need to pause their continued participation in the Coaching Services that it must be fulfilled within a mutually agreed upon time frame as established between the Client and the Coach and may not exceed the length of 4 weeks from the end of the program.

7.3 The Client will have access to the live coaching and high touch support for one [1] year from the date of purchase. Such access will include all bi-weekly coaching calls with the Coach and 1:1 support through Telegram and feedback form submissions. After one [1] year the Client’s access to the high touch support will cease. The Client will maintain lifetime access to the program course portal and all updated training for the program for the duration of the program's existence, or in the event changes platforms. In such an event, the Coach will provide the Client with thirty [30] days notice. 

7.4 The Client understands that all calls between the Client and the Coach may be recorded for the personal use of the Client and the Coach.

• TERMINATION

8.1 The Client understands that either the Client or the Coach may terminate this Agreement by written notice 24 hours prior to any scheduled session. Any such written notice may be sent to: iam@karinadharma.com.

8.2 The Client further understands that the Coach retains the right to and may limit, suspend or terminate the Coaching Services without refund if the Client (i) becomes disruptive or difficult to work with or (ii) the Client fails to follow program guidelines as outlined by the Coach.

8.3 The Client accepts that if the Coach were to terminate the Coaching Services, for any other reason than those aforementioned, the Coach will refund up to $100 per remaining session in the Coaching Services. Any sessions unpaid for by the Client will not be refunded.

8.4 The Client understands that any money owing to the Coach at the time of Termination will become due at the effective date of Termination, and the Client agrees to compensate the Coach for all Coaching Services agreed upon regardless of termination if under the aforementioned circumstances.

• PRIVACY AND CONFIDENTIALITY

9.1 The Coach agrees to respect the Client’s confidential and proprietary information, ideas, plans and trade secrets and further agrees to not disclose any information pertaining to the Client, nor the Client’s name, without the Client’s written consent.

9.2 The Client agrees to give the Coach permission to keep a confidential record of the Client’s name, contact information, and any documented notes throughout the Coaching Services.

9.3 The Client understands that the Coach and Client relationship does not constitute a legally confidential relationship (as is in the medical and legal professions) and therefore understands that communications are not subject to the protection of any legally recognized privilege.

• INTELLECTUAL PROPERTY

10.1 The Client understands that all materials provided throughout the Coaching Services are exclusive property of the Coach and for the Client’s individual use only. The Client is strictly prohibited to use any and all materials provided by the Coach for commercial use.

10.2 The Client agrees that they will not replicate or reproduce any materials provided for other than for personal use.

10.3 The Client further acknowledges that the Coach retains the right to terminate the Coaching Services for any violation of this section and may be entitled to injunctive relief.

• DISCLAIMER

11.1 The Coach makes no representations, warranties, guarantees or promises verbally or in writing of any level of results from use of the Coaching Services.

11.2 The Client understands that the Coach does not offer any professional legal, medical, psychological or financial advice and that it is their exclusive responsibility to seek such independent professional guidance as needed.

11.3 The Client understands that the Coaching Services is not therapy, and/or counseling, and does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

11.4 The Client confirms and agrees that they will not use coaching as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.

11.5 The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provided of the nature and extent of the Coaching Services agreed upon by the Client and the Coach.

11.6 The Client understands that if during the course of the Coaching Services, the Coach feels that the nature of discussion is outside of the scope in which the Coach is able to provide services, that the Coach will either refer the Client to someone else, and/or terminate the Coaching Services with a partial refund.

• LIMITATION OF LIABILITY

12.1 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 the Coaching Services and/or materials provided by the Coach. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.

12.2 The Client shall defend, indemnify, and hold harmless the Coach, 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), excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Coach. In consideration of and as part of the Client’s payment for the right to participate in the Coaching Services, the undersigned, the Client’s heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Coach and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from the Client’s participation in the Coaching Services.

• NO NEGATIVE STATEMENTS OR ACTIONS

13.1 The Client shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Coach in any way. The Client acknowledges that the Coach retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.  

• MODIFICATIONS

14.1 The Coach may modify this Agreement from time to time. Any modifications will be notified to the Client, and the Client may either continue Coaching Services under the new conditions or the Agreement will be terminated.

14.2 The Client understands that without any notice to the contrary, by continuing the Coaching Services after notification shall enforce the modified Agreement as effective and the Client agrees to be bound to any changes in the Agreement.

• DISPUTE RESOLUTION

15.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent, the Client and the Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover the attorney’s fee and associated court costs from the other party.

• RELEASE OF CLAIMS

16.1 The Client releases any right to claims against the Coach to the maximum extent as permissible under applicable law. The Client agrees that under no circumstances will the Coach be liable to any party for any type of damages resulting or claiming to result from any use of, or reliance on, our digital products, or content found therein, and the Client hereby releases the Coach from any and all claims, whether known or unknown, now or discovered in the future. 

• SEVERABILITY

17.1 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.

17.2 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.

• JURISDICTION

18.1 This Agreement shall be interpreted and governed in accordance with the laws of the Province of Ontario.

• BINDING EFFECT

19.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

• ENTIRE AGREEMENT

20.1 This document reflects the entire agreement between the Coach and the Client. The Parties agree to the terms and conditions set forth above as demonstrated by acceptance of the terms at the time of checkout.                   

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