TERMS OF PARTICIPATION FOR BUSINESS COACHING WITH ROBIN RAY GREEN

Please Read Carefully  

by purchasing this product, you (herein referred to as “Participant”) agrees to the following terms stated herein.

PROGRAM/SERVICE

Robin Green Acupuncture Inc. (herein referred to as “Company”) agrees to provide “Business Coaching” (herein referred to as “Program”). The purpose of the Program to assist acupuncturists with creating systems, supporting practitioner growth and improving business performance. Each Participant gets a private coaching session for the amount of time purchased (30 minutes or 60 minutes) with Coach. The session will be designed around the unique needs of the Participant in order to help them meet their business goals and create a thriving business.

DISCLAIMER 

Participant understands Robin Green (herein referred to as “Consultant,” “Coach,” “Instructor” or “Robin”), is not an employee, agent, lawyer, doctor, manager, business manager, registered dietician, financial analyst, psychotherapist, accountant, nutritionist, psychologist, or other licensed or registered professional. Instructor will NOT act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy.

Participant understands this Program will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.

Participant understands if they should experience any such issues they should see their registered physician or other practitioner or recommend to their patient to do the same as determined by their own judgment.  

Participant understands that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

FEES/ METHODS OF PAYMENT

Total price of four 45-minute coaching sessions is one-thousand dollars ($1000.00 USD). 

FEES/ METHODS OF PAYMENT

Participant authorizes the Company to charge Participant’s credit card or debit card.

REFUNDS

All sales are final. All Refunds are at the sole discretion of the Company.

CEU CREDITS

This program is NOT eligible for continuing education credits.

CONFIDENTIALITY 

 The Company respects Participant privacy and insists that Participant respects the Company’s and Program Participants’ privacy. Consider this a mutual non-disclosure agreement. Any Confidential Information (see definition below) shared by Program Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Participant understands their name and other identifying information may be displayed among Program Participants and that system errors may occur. Participant may elect to use a fictious name.

Participant agrees not to use such confidential information in any manner other than in discussion with the Company or other Program Participants during the 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 Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Further, Participant agrees that if they violate or display any likelihood of violating this section the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NON-DISCLOSURE OF PROGRAM MATERIALS   Material given to Participant in the course of Participant’s work with the Company is proprietary, copyrighted and developed solely and specifically for Company. Original materials that have been provided to Participant are for Participant's individual use only and a single-user license. Participant agrees that such proprietary material is solely for Participant’s own personal use. Any disclosure, reproduction and sale by Participant to a third party is strictly prohibited. 

NO TRANSFER OF INTELLECTUAL PROPERTY

All intellectual property, including Company's copyrighted Program and/or Program materials, shall remain the solely and exclusively the property of the Company. No license to sell, reproduce or distribute Company's materials is granted or implied. 

Participant agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights or Company or Participants.

Further, Participant agrees that if Participant violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

PARTICIPANT RESPONSIBILITY 

Program is developed for strictly educational purposes ONLY. Participant accepts and agrees that Participant is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing.

Twenty-four (24) hour notice is required in order to reschedule a private coaching session, otherwise that session is forfeited.

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.

FORCE MAJEURE

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 Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS

LIMITATION OF LIABILITY. Participant agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Participant releases Company, 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 Program is being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “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. Participant accepts any and all risks, foreseeable or unforeseeable. 

Participant agrees that Company 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 Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the Program materials.

NON-DISPARAGEMENT. 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. 

ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.

TERMINATION. Company is committed to providing all Participants in the Program with a positive Program experience. By signing below, Participant agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Participant’s participation in the Program without refund or forgiveness of monthly payments if Participant become disruptive to Company or Participants, difficult to work with, or upon violation of the terms. Participant will still be liable to pay the total contract amount.

INDEMNIFICATION. Participant shall defend, indemnify, and hold harmless Company, Company’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), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Participant shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Participant recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand.  The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate.  In disputes involving unpaid balances on behalf of Participant, Participant is responsible for any and all arbitration and attorney fees.

EQUITABLE RELIEF.  In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

NOTICES. Any notices to be given hereunder by either Party 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: robin@robinraygreen.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, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.

This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, United States of America