THIS NON-DISCLOSURE AGREEMENT (this “Agreement”) is entered into as of (date indicated below) by and between (name as indicated below) (collectively, the “Client”) and Traci Hines & Kayla Hines . (including its affiliates, the “Company”).
WHEREAS, the Client and the Company (collectively, the Client and the Company shall be referred as the “Parties”, and individually, as a “Party”) have entered into discussions regarding certain services provided by the Client to the Company that shall require the Client to gain access to certain confidential information provided by the Company (collectively, the “Consulting Services”), and;
WHEREAS, in order to facilitate the Coaching Services, the Company wishes to provide the Client certain information designated as confidential.
NOW, THEREFORE, in consideration of the foregoing premises, of the mutual covenants contained in this Agreement, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, hereby agree as follows:
This agreement, will begin upon acceptance and will continue for a minimum of (12) Twelve months. The fee for the ELITE package is $12,000. The fee for the Insiders Circle is $24,000.
The services to be provided by the Traci Hines and Kayla Hines to the client are coaching/consulting, as designed by the program and the client in private sessions. Coaching, which is not therapy or counseling, may address specific personal projects, business successes or general conditions in the client’s life or profession.
Expectations and Responsibilities
You will receive two one on one sessions each of the twelve months. You will have one monthly session with Kayla Hines and one monthly session with Traci Hines.
As your Coaches, our role is to:
- Come to each coaching session prepared.
- Devote our full attention to you during the coaching session.
- Stretch you outside of your comfort zone into new areas and support you as you do so.
- Provide you with resources and knowledge for your endeavors.
- Provide a safe space where you can express yourself and be heard.
- Challenge you to create the business and/or life you dream of.
- Offer support, encouragement, feedback, and guidance throughout the Program.
As the Client, your role is to:
- Show up for each coaching session on time with 100% focus.
- Provide full payment for the Program prior to your first coaching session.
- Provide each monthly payment for the Program each month prior to coaching sessions if on a payment plan.
- Complete action steps between coaching sessions.
- Be open to new ideas.
- Be ready to take action and make quick decisions.
- Make the program a priority.
- Be prepared and make time for the work that you need to do for the Program.
- Trust the process.
- Take responsibility for your outcomes.
- Ask any questions as they arise.
In addition to the private sessions, monthly items in this program:Monthly Vlog style Class
- Monthly Workbook PDF
- Monday through Friday Private Podcast
- Monthly Stress Relief Video
- 2 Q & A Webinars with Replays
- 2 Clearing/Clarity Webinars with Replays
In addition, the Insiders Circle will also receive:
- Two Private Personal Workshops with T&K
- VIP Intention Setting
- Additional Session with Traci each month
- Additional Session with Kayla each month
Scheduling and Cancellation Policy
Contacting Traci or Kayla: Being accessible and attentive to my clients is a priority. If you need to reach me between Coaching Sessions, please contact me at any time via email at firstname.lastname@example.org We will do our best to respond to you within 24 hours Mondays through Fridays. On weekends and holidays, I will reply to you the next business day.
You will have access to the online appointment scheduler. I will give 24 hours notice, in the online calendar scheduler, if I have to cancel or reschedule my call that week. I understand Traci Hines or Kayla Hines will start the video call with me at the times agreed upon. I will submit my pre-call form 24 hours in advance too.
Investment and Payment Payment ELITE:
The investment is $12,000 USD for ELITE. You agree that you are financially willing and able to invest in this Program by choice, and by so doing, you are not in any way incurring any economic hardship.
I am committed and determined.
I understand that there is no-refund policy on this Program.
By signing this document you agree this program consists of 24 x 45-minute coaching calls, held twice monthly. If I have to reschedule a call, I will cancel our session in the online calendar scheduler. If I do not give 24 hour notice, the session is not able to be rescheduled. I am ready and excited to make this happen. All calls must be completed by 12 months.
Investment and Payment Payment INSIDERS CIRCLE:
The investment is $24,000 USD for INSIDER’s CIRCLE. You agree that you are financially willing and able to invest in this Program by choice, and by so doing, you are not in any way incurring any economic hardship.
I am committed and determined.
I understand that there is no-refund policy on this Program.
By signing this document you agree this program consists of 48 x 45-minute coaching calls, held twice monthly. If I have to reschedule a call, I will cancel our session in the online calendar scheduler. If I do not give 24 hour notice, the session is not able to be rescheduled. I am ready and excited to make this happen. All calls must be completed by 12 months.
Authorization and Receipt:
By paying via Stripe, debit card, or credit card, you will receive an electronic receipt.
If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and have a 3 day grace period to make the payment following the due date. During this time, the Program will be put on hold and no Coaching Sessions will be held, including during the grace period. If no payment is made within the 3 day grace period, the Program will automatically terminate and you will forfeit any remaining Coaching Sessions and Program access. You are still responsible for the amount of this program $12,000. Payments must be received at least 24 hours prior to the first scheduled Coaching Session, otherwise, the Coaching Session is canceled and cannot be made up until payment resumes.
I want you to be happy with your Program. If for some reason you are not satisfied you may stop the Program at any time, whether or not you have held all of your Coaching Sessions. Because we will have invested considerable time and effort in your Program, if you decide to withdraw for any reason, you will remain fully responsible for all payments and the full cost of the Program. No refund will be provided.
All information exchanged during the Program will be kept strictly confidential. I will not disclose confidential information that you share with me during the Program to anyone else without reason to know such information, unless required by law, ethics, or upon written authorization by you.
Intellectual Property Rights:
Traci Hines and Kayla Hines retains all ownership rights to the materials provided during your participation in the Program. The copyrighted and original materials you are provided are for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from me electronically or otherwise without my prior written consent. All intellectual property, including the copyrighted Program materials, shall remain the sole property of Traci Hines, Kayla Hines, Modern Soul Society, LLC., and no license to sell or distribute my materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Program materials.
Personal Responsibility, Disclaimer & Release of Claims
Personal Responsibility and Assumption of Risk:
You acknowledge that you take full responsibility for your well-being and all decisions made before, during and after your Program. I have used care in preparing the information provided to you, but all of my information, Programs, and services are made available to you as tools for your own personal use and for informational and educational purposes only. You accept full responsibility for your choices, actions, and results, and expressly assume the risks of the Program for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated by the Program.
Our Programs, Products, Services, and Course Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional.
Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Limitation of Liability, Indemnification, and Release of Claims:
Traci Hines, Kayla Hines and Modern Soul Society, LLC., may not be held responsible in any way for the information that you request or receive through this Program. By signing this Agreement, you fully and completely hold harmless, indemnify and release Traci Hines, Kayla Hines and Modern Soul Society, LLC., and any employees, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against me or us, arising from your participation in or in any way related to the Program, even if we were aware in advance of the possibility of any such claim.
Other Important Terms
The client may terminate this Agreement at any time with 72 hours written notice via email. If the Client terminates the Agreement, the client remains financially responsible for the full cost of the Program and must immediately make any payments that are due. No refunds will be provided. All the terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms, will still apply even after termination. In the event of any circumstances beyond control of Traci Hines and Kayla Hines, such as, community disaster, a fire, or situation in which the continued provision of services under this agreement would substantially interfere with Traci Hines and Kayla Hines’ duty of service to its clientele, Traci Hines and Kayla Hines reserves the right to suspend performing their obligations under this agreement immediately and until such time as Traci Hines and Kayla Hines determines that the circumstances are again suitably available and safe. In such event and providing circumstances permit, Traci Hines and Kayla Hines shall give notice not less than twenty-four (24) hours.
All correspondence or notice required regarding the Program shall be made to Traci Hines and Kayla Hines and to the Client at the e-mail address provided during enrollment in the Program. Should the Client’s e-mail address or contact information change at any time throughout the course of the Program, it is the Client’s responsibility to update the contact information within 72 hours.
Modification of Agreement:
Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if evidenced in a writing signed by each Party.
Neither this Agreement nor any other rights or obligations under this Agreement shall be assigned or otherwise transferred.
The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.
Effect of Partial Invalidity:
The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.
Client and Coach will do their best to work out any differences through a phone conversation or via email. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly. Prior to seeking arbitration, the Client must submit your complaint to me with full details about your dissatisfaction with the Program via e-mail to me at email@example.com. The Client understands that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement Client agrees to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted in an e-mail, or shall otherwise be forfeited forever. Arbitration will be held in California, United States and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between Client and Coach, Client agrees not to engage in any conduct or communications, public or private, designed to disparage the Program, Traci Hines, Kayla Hines and Modern Soul Society, LLC. Where requested by law or arbitration, of course, Client is not prohibited from sharing their thoughts and opinions as a part of the legal process. By signing this Agreement, we are both acknowledging that we have read, understand, agree to and accept all of the terms of this Agreement. Your Program will not begin until this signed document has been received, and payment has been made.
You agree to hold the Confidential Information provided by Traci Hines and Kayla Hines in confidence. Without limiting the generality of the foregoing, the Client, further promises and agrees: (A) to take commercially reasonable measures to protect and safeguard the Confidential Information that it receives against unauthorized use, dissemination, publication or disclosure; (B) not to use any of the Confidential Information except in connection with the execution of the Consulting Services; and (C) not to, directly or indirectly, in any way, reveal, report, publish, disclose, or transfer any of the Confidential Information except to its affiliates, principals, employees, consultants, representatives, accountants, agents, co-investors, advisors, legal counsel, lenders, investors, officers and directors, or as otherwise specifically authorized by the Company (collectively, “Representatives”).
This Agreement shall be governed by and construed in accordance with the laws of California in the United States of America and and the courts shall be the sole forum for resolving disputes hereunder.
This Agreement constitutes the entire agreement between the Parties and any prior understanding or representation of any kind shall not be binding upon any Party, except to the extent incorporated in this Agreement.
You agree to the terms and conditions of this contract, by purchasing this program.