E-course & Coaching Terms of Use Agreement and Liability Disclaimer

E-course Terms of Use Agreement and Liability Disclaimer

This E-course and its videos, documents and other associated content (hereinafter inclusively referred to as “E-course”) has been produced by Lulubella Lifestyle, LLC. When you purchase this E-course, you agree to this Terms of Use and Liability Waiver.

All sales are final for online E-courses. No refunds are issued for online courses once a sale is completed. The supplies and props used for any exercises instructed are not included in the purchasing price of the E-course.

The information in our E-course is for educational purposes only and is not intended to provide solve, treat, or diagnose medical issues, mental or health disorders, nor treat disease and is therefore not a replacement for client’s medical doctor, therapist or physician. The user understands it is their responsibility to seek independent professional guidance as needed.

The exercises in this E-course are intended for people who wish to improve their health mentally and physically. However, we make no representations, guarantees or warranties that the information or exercises in our E-course is appropriate for you or will result in improvement of your medical condition or function. The user agrees that Lulubella Lifestyle, LLC and its owner 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 course. User also understands that health is a topic discussed within the program and Coach is not a nutritionist, dietician, or physical trainer and not liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.

Before you begin the exercises in the E-course, you should get medical clearance from your physician or physical therapist if you have any medical conditions, diseases, injuries or disabilities. By purchasing this E-course and embarking on the exercises in it, you are assuming the risk that the exercises may not be appropriate for you and may increase your pain or cause you to have new pain or new symptoms. It is normal to experience some soreness after doing an exercise you are not used to doing. However, if you have pain and your pain increases, moves to a different location or new or different symptoms arise after doing an exercise, you should stop the exercise and seek advice from a physician or physical therapist.

By purchasing this E-course, Lulubella Lifestyle, LLC. grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted E-course and any associated materials solely for your own personal and non-commercial use. Our E-course is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our E-course is strictly prohibited. Your purchase of our E-course does not grant you any ownership rights to our E-course. Any breach in the terms of this agreement may result in termination of your access to the E-course materials and legal action to the fullest extent.

Our E-course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

This E-course is intended solely for Users who are at least age 18 years of age or older. Any use of or access to our E-course by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our E-course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Lulubella Lifestyle, LLC. has sole right and discretion to determine whether to sell our E-course to any individual and may reject a purchase by any individual with or without explanation.

We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by our E-course, please provide us with a written notice via mail, fax, or email that contains the following information:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our Website;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.

THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LULUBELLA LIFESTYLE, LLC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. LULUBELLA LIFESTYLE, LLC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. LULUBELLA LIFESTYLE, LLC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IN NO EVENT WILL LONNIE MITCHELL OR HER CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LULUBELLA LIFESTYLE, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of California without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

 

 

Lulubella Lifestyle Client Service Agreement 

THIS SERVICE AGREEMENT is made between Lulubella Lifestyle, a Transformational coaching business of Milwaukee, WI, 53226 (mailing address Elm Grove, WI 53122) and the undersigned client (you). Lonnie Mitchell is the owner and CEO of Lulubella Lifestyle.

WHEREAS, Client desires to receive certain consulting services from Coach, and Coach desires to provide such services on the terms and conditions set forth herein.

NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Coach hereby agree as follows:

Description of Services

Coach agrees to develop and provide the services set forth on EXHIBIT A attached hereto (the “Services”).

Delivery of Work

Coach and Client agree that the Services shall be provided on such dates and at such locations as the parties hereto in good faith mutually agree to.

Methodology

In providing the Services, Coach will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open minded and partake in methods proposed. This is a life transformational coaching experience and results are based on the level of effort from Client. Client understands that Coach makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Coach is not a doctor, nutritionist, personal trainer, or psychotherapist.

Credit Card Authorization (if applicable)

Client acknowledges that Coach, in consideration for the Services, will charge the credit card chosen by Client on the dates and for the amounts specified in EXHIBIT B attached hereto.

Compensation (if applicable)

Client agrees to compensate Coach according to the payment schedule set forth on EXHIBIT B. The parties hereto agree that Client’s failure to make or permit payments as set forth on EXHIBIT B will cause irreparable harm to Coach for which damages would be difficult, if not impossible, to measure, including expenses incurred in connection with losses resulting from any delay. Accordingly, as liquidated damages for losses reasonably expected to be incurred (and not as a penalty) Coach shall charge a 5% (five-percent) late penalty to all balances that are not paid when due.

Refunds

Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates, set forth in EXHIBIT B (as modified pursuant to the terms of this agreement).  If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund. 

Chargebacks and Payment Security

To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. If Client uses a multiple-payment plan to make payments to Coach, Coach shall be authorized to make all charges at the time they are due and is not required to seek separate authorization to do so. Client hereby agrees not to make any chargebacks to Coach’s account. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Coach’s collection of payment hereunder.

Failed Payments

In the event Client fails to make any of the payments within the time prescribed, Coach has the right to immediately cease all work until payment in full is paid. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 1% per month. If there more than two payments are missed within the contracted time, Coach has the right to terminate the contract.

No Transfer of Intellectual Property

Coach’s copyrighted and original materials shall be provided to the Client for Client’s individual use only. Client shall not be authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted course materials, shall remain the sole property of Coach. No license to sell or distribute Coach’s materials is granted or implied.

No Distribution of Services

Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any commercial purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third party access to the Services or any other goods and services provided in connection therewith (including course materials).

Confidentiality

Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without referring to Client’s full identity. Client will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name. As part of my participation in this program, (and other than for private Coaching sessions), I agree that Lulubella Lifestyle Mitchell may video record, audio record, photograph or otherwise capture my likeness, voice, images, interviews, and statements made, and hereby assign to Lulubella Lifestyle Mitchell all rights and title to have and to use, royalty free, any portion of my participation, for advertising and marketing purposes, documentary purposes, informational purposes, training purposes, or any other related purposes.

Good Faith

Each party hereto represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

Agreement between Coach and Client

Client agrees to not withhold any information necessary for Coach to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services. 

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.

Cancellation of Calls Policy

Client agrees that it is the Client’s responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting. If more than three meetings are missed, Coach reserves the right to terminate contract and in good faith will refund the following months in the contract if it was paid in full. If using payment plan, Coach will cancel the invoices for the following months. 

Disclaimer of Guarantee

Client accepts and agrees that client is 100% responsible for client’s progress and results from the services. Client accepts and agrees that client is the one vital element to success and that coach cannot control client. Coach makes no guarantee or warranty that the program will meet client’s requirements or that all clients will achieve the same results.

The services (as defined herein) and all other goods and services provided by coach herein are provided on an “as is” basis without warranties of any kind, either express or implied. Coach disclaims all warranties, express or implied, arising by law or otherwise, with respect the services (as defined herein) or any other goods and services provided by, through or on behalf of coach under this agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or noninfringement and any implied warranty arising from course of performance, course of dealing or usage of trade.

Medical Disclaimer

Client is aware that Coach does not solve, treat, or diagnose medical issues, mental or health disorders, nor treat disease and is therefore not a replacement for client’s medical doctor, therapist or physician and client acknowledges that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.

If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together. 

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. 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 does not prevent, cure, or treat any mental disorder or medical disease. Client also understands that health is a topic discussed within the program and Coach is not a nutritionist, dietician, or physical trainer and not liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.

Limitation of Liability

By using coach to provide the services, client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions and client’s use of the services (as defined herein). In no event will the aggregate liability of coach with regard to this agreement, the services (as defined herein), or any other goods or services provided or failed to be provided under this agreement exceed the compensation paid by client to coach under this agreement. All claims against coach must be lodged with the entity having jurisdiction within 100 calendar days of the date of the events first giving rise to the claim or otherwise be forfeited forever. Any action taken based on client/coach relationship is the responsibility of the client and the coach holds no liability. This includes but is not limited to, workout regimens, nutrition plans, etc.

Coach shall not be liable for any indirect, consequential, special or exemplary damages (including, without limitation, damages for any loss of profit, revenue, data, business or use) even if such party has been advised of the possibility of such damages.

Termination

In the event that Client is in arrears of payment or otherwise in default of this agreement, all payments due hereunder for Services and other goods and services provided or to be provided by Coach to Client shall immediately become due and payable. Coach shall be allowed to immediately collect all such sums from Client and, at Coach’s option, terminate providing further services to Client and/or this agreement. In the event that Client is in arrears of payments to Coach, Client shall be barred from using any of Coach’s services.

In addition, Coach may, at any time and without cause, terminate this agreement, at which time any and all amounts representing Services and other goods and services provided by Coach to Client shall immediately become due and payable.

Indemnification

Client shall defend, indemnify, and hold harmless Coach and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities 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 Services and other goods and services in connection herewith.  Client hereby agrees that Coach’s employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Coach.

Record Retention Policy 

Client acknowledges that the Coach has disclosed his/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 (print or digital/electronic) for a period of not less than 2 years.

Miscellaneous

The Coach will respond to emails and Voxer messages within 24 hours except for notified vacation times and Sundays in which the Coach will respond on Monday or when back in the office.

Client may not assign or otherwise transfer this agreement, in whole or in part, without the prior written consent of Coach. Any attempt by Client to assign or otherwise transfer this agreement without such consent will be null and void and of no force and effect.

Subject to the foregoing, this agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.

This agreement shall be governed by and construed in accordance with the laws of Wisconsin, without reference to conflict of law principles. All disputes arising out of this agreement will be subject to the exclusive jurisdiction and venue of courts sitting within Milwaukee, Milwaukee County Court, and the parties consent to the personal and exclusive jurisdictions of these courts.

If for any reason any provision of this agreement is held to be invalid or unenforceable, that provision of this agreement will be enforced to the maximum extent permissible and the other provisions of this agreement will remain in full force and effect.

Any modification or amendment of any provision of this agreement will be effective only if in writing and signed by duly authorized representatives of the parties hereto. None of the provisions of this agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorized representative of such party. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.

Neither party will be responsible for any failure or delay in performing any of its obligations under this agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed thirty days from the date of notice of failure.

The parties are independent contractors and neither this agreement nor any provision hereof shall be deemed to create any relationship of joint venture, partnership, franchise, employment, or agency between the parties.  Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

This agreement contains the complete understanding and agreement of the parties hereto and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein.  This agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument. Delivery of an executed signature page by any electronic means (including via any electronic or digital signature) shall be deemed effective as delivery of a validly binding original signature hereto.

All exhibits attached to this agreement will be deemed a part of this agreement and incorporated herein by reference. The term “agreement” refers to this Service Agreement and all of the exhibits attached hereto.

Each party represents and warrants that, on the date first written below, they are authorized to enter into this Agreement. Services shall not be received until payment is made. 

By entering into this Coaching Program Agreement, you agree to have read and

understand the foregoing provisions and agree to be bound hereby. You also agree to keep all coaching content confidential unless otherwise noted by Lulubella Lifestyle.

(EXHIBIT A and EXHIBIT B follows)

EXHIBIT A

SERVICES (THREE MONTH PROGRAM)

Weighed-down to Weightless Program

The parties agree to engage in a 10-week Coaching Program (with two bonus calls for a total of 12 weeks) through virtual meetings conducted through Zoom. Coach will be available to Client by e-mail and Voxer in between scheduled meetings as defined by the Coach (scheduled meetings will be once a week at a time agreed upon by the client and Coach). The calls/meetings shall be 60 minutes. If rates change before this agreement has been signed and dated, the prevailing rates will apply.

EXHIBIT B PAYMENT TERMS

By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Lulubella Lifestyle:

A. $2,222 one lump sum for the 1:1 Weightless Warrior Program (unless otherwise stated is separate contract)

or

B. $1,111 one lump sum for the Weightless Warrior Academy