Agreement between Nicole Bensen (herein named Coach or Company) and Client or Student or Participant in live and/or on-demand/recorded programs and workshops including, The Ultimate Vision Board Workshop, the Next Level You program, and other works created by Company (herein named Program or Workshop or Coaching or Coaching Services or Sessions).

Intent
Program is for informational purposes only. It was designed to provide simple, actionable ways to increase Client's wellbeing. The Program and Coaching are not counseling or therapy. Client acknowledges that the Coach does not imply diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that the Program and Coaching are 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 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 Client inform the mental health care provider of the nature and extent of the Coaching relationship agreed upon by Client and Coach.

Program Schedule
Programs are digital and on-demand. Unless explicitly noted, there will be no live sessions.

Confidentiality
Client agrees to not make any audio or video recordings or take any screenshots or photographs of any part of any Program without prior written consent.

Intellectual Property
You agree that the Program(s) contains proprietary content that is owned by the Company and/or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any product content, including to any sharing or social media sites, is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Program is solely for your personal, noncommercial use, and you agree that you will not use any of the product content in any way whatsoever except for use in compliance with this Agreement. You will not use the content available in the Program in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the any Program. 

Termination
As Programs are a digital product delivered immediately upon purchase, all sales are final, and no refunds will be issued.

Payment Plans
Client acknowledges and agrees that selection of a payment plan for any Program constitutes a binding commitment to fulfill all payment obligations in accordance with the designated payment schedule. Client shall be fully responsible for ensuring timely payment of all installments as specified in the payment plan terms. Failure to remit payments in a timely manner may result in the suspension of access to the Program(s), the assessment of late payment penalties, and/or further collection and legal actions as deemed necessary by the Company.

Third-Party Materials and Websites
Company may provide links to third-party materials and websites as a convenience to you and other Clients. These third-party materials and websites are not part of the Client's Program, and they may be either withdrawn or terminated at any time without notice to you and without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree the Company is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.

Limited Liability
Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Program and/or Coaching Services negotiated, agreed upon and rendered. In no event shall Coach be liable to Client for any indirect, consequential or special damages. Notwithstanding any damages that Client may incur, Coach’s entire liability under this Agreement, and Client’s exclusive remedy, shall be limited to the amount actually paid by Client to Coach under this Agreement for all Coaching Services rendered through and including the termination date.

Force Majeure
Under no circumstances will Coach or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, internet outages, platform failures, denial-of-service attacks, data breaches affecting the Program, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Governing Law
This Agreement will be governed by and construed in accordance with the laws of Washington. For clients residing outside of Washington, any legal action arising out of or relating to this Agreement shall be exclusively brought in the courts of King County, Washington. The courts of King County will be the sole forum for resolving disputes hereunder.

Dispute Resolution
Any dispute, controversy or claim arising out of or relating in any way to this Agreement including, without limitation, any dispute concerning the construction, validity, interpretation, enforceability or breach of this Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. In the event of the above referenced dispute, controversy or claim, the complaining party shall notify the other party in writing.

Both parties will attempt to solve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall initiate a case with the American Arbitration Association (AAA) by submitting a written (or online) demand for arbitration within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after six (6) months.

The Arbitration process shall follow the standard AAA proceeding. The following specific provisions shall apply:
a. The place of arbitration shall be King County, Washington, unless the parties mutually agree on an alternative location.
b. The laws of the State of Washington shall apply without regard to principles of conflict of laws.
c. The number of arbitrators shall be one, unless the parties mutually agree otherwise.
d. The arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party.
e. Each party shall pay its own proportionate share of arbitrator fees and expenses in order to initiate and conclude the proceedings; however, the cost of the arbitration proceeding shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. The successful party shall be entitled to reimbursement of all fees and expenses paid to initiative and conclude the proceedings.
f. Except as may be required by law, neither party or its representatives may disclose the existence, content, or results of any arbitration without the prior written consent of all parties.
g. The arbitration award shall be in writing and signed by the arbitrator(s) issuing the award.

Severability
If any provision of this Agreement shall be found 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.

Electronic Signature
Checking the "I have read, understand and agree" (or equivalent) box on the check-out or registration form is equivalent to a valid and legally-binding signature.

Entire Agreement
This document reflects the entire agreement between Coach and 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 in writing signed by both Coach and Client.

By purchasing a Program, Client indicates compliance with the above requests, and understanding of the Services to be provided.

Program Terms and Conditions