TERMS OF PARTICIPATION.
Please READ Carefully. By making this purchase you (herein referred to as "Client") agree to the follow terms stated herein.
Valerie Hayes, LLC (herein referred to as “Valerie Hayes” or “Company”) agrees to provide pageant coaching sessions (herein referred to as “Coaching”) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in Coaching.
Client understands Valerie Hayes (herein referred to as “Consultant”) and Valerie Hayes, LLC is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, personal trainer, psychotherapist or social media manager. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) Perform any pageant management functions including but not limited to, paperwork preparation, wardrobe shopping, pageant walking training, pageant hair/makeup lessons, on-location pageant coaching or advice with regard thereto; (2) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (3) act as a social media manager (4) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (5) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
The fee for VIP coaching is based on the coaching package purchased. If you select a monthly payment plan, the first payment will be processed on your date of purchase and subsequent payments will be automatically processed in 30 day increments. If you choose a payment option and a payment is more than 10 days past due, the total balance remaining on your payment plan will be immediately due. If you choose a payment option, you are responsible for all payments unless a refund is requested and approved according to the terms further outlined below.
METHODS OF PAYMENT.
Client authorizes the Company to charge Client’s credit card, debit card or PayPal account.
NOTICE OF CANCELLATION.
You may cancel your VIP Coaching purchase transaction without any penalty or obligation within three business days from purchase date. If you cancel, any property traded in, any payments made by you under the contract of sale, and any negotiable instrument executed by you will be returned within fourteen business day following receipt by Company of your cancellation notice, and any security interest arising out of the transaction will be cancelled. To cancel this transaction, forward a copy of purchase receipt with request to cancel to Company at info[at]valeriehayes[dot]com not later than 72 hours from time of purchase.
VIP COACHING REFUND POLICY.
You may use Coaching sessions purchased at any time within 12 months of purchase date. Because the number of VIP Coaching packages available for purchase is based on the number of clients currently holding active VIP Coaching packages, we will not provide refunds after the 3rd day from your date of purchase. If you are concerned that Coaching may not meet your competition needs, do not purchase a VIP Coaching packages. If you wish to request a refund during the first three days following purchase, please refer to the Notice of Cancellation policy. Any and all refunds are discretionary as determined by Valerie Hayes, LLC. To further clarify, refunds will not be provided after the 3rd day from your date of purchase.
The Company respects Client’s privacy and insists that Client respects the privacy of Company. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Valerie Hayes or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to Valerie Hayes and Company. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, coaching appointments, in text, email, social media or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with Company. 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. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by making this purchase you agree that if you violate or display any likelihood of violating this session the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY.
Valerie Hayes’ coaching and programs are copyrighted and original materials that have been provided to Client, are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s personal, competition, or business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Valerie Hayes. No license to sell or distribute Company’s materials is granted or implied. By making this purchase, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by making this purchase, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Coaching and programs are developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from Coaching. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any endeavor, there is an inherent risk and there is no guarantee that Client will reach their goals as a result of participation in Coaching. Programs and materials provided are intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
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.
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.
If any provision of this Agreement is held 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.
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Coaching is only an educational service being provided. Client 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 Coaching 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 participation in Coaching. Client accepts any and all risks, foreseeable or unforeseeable. Client 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 Coaching. Company assumes no responsibility for errors or omissions that may appear in any of the program materials. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.
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. Neither Client nor any of Client’s associates, family, friends, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company website and purchasers shall be notified.
Company is committed to providing all clients participating in Coaching with a positive experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in Coaching without refund if Client becomes disruptive to Company, Client fails to follow Coaching guidelines, is difficult to work with, impairs the participation of the other participants in Coaching or upon violation of the terms as determined by Company. Client will still be liable to pay the total purchase amount.
Client 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, attorney’s 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. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client 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. In consideration of and as part of my payment for the right to participate in Valerie Hayes Coaching, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Valerie Hayes and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from 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 Coaching.
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 Client, Client is responsible for any and all arbitration and attorney fees.
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.
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: info[at]valeriehayes[dot]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. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America.
Every effort has been made to accurately represent Coaching and its potential. There is no guarantee regarding Client outcome or results using the techniques and ideas provided during Coaching. Examples used in promotion of Coaching or during Coaching are not to be interpreted as a promise or guarantee of results. Competition potential and success is entirely dependent on the person using Coaching, advice, ideas and techniques. We do not position Coaching as a promise to place or win. Any claims made of actual Coaching results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to Coaching, advice, ideas and techniques mentioned, your level of commitment as a contestant and your knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of competition potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from Coaching, advice, ideas and techniques in our material.
OUR MINIMUM GUARANTEES.
Unless otherwise noted, all Coaching does not include any type of guarantee, express or implied. If you do not understand or agree with any of these conditions, please do not purchase Coaching. If you require further clarification, please contact info[at]valeriehayes[dot]com.