Terms and Conditions

The following Terms of Use are entered into by and between You ("Client") and Stephanie Wharton (“Coach”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Booked Out Collective, a subscription-based membership (herein referred to as the “Membership”).

Please read the Terms of Use carefully before you start to use the Membership. By using the Membership or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Membership.

This Membership is offered and available to users who are 18 years of age or older. By using this Membership, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Membership.

The Coach and the Client agree as follows:

SERVICES

The Coach agrees to provide services included in the Membership. Client agrees to abide by all policies and procedures as outlined within these terms & conditions as a condition of their participation in the Membership.

SERVICES INCLUDED

Membership is inclusive of a minimum commitment of 3 months of group membership coaching, and group message support inside business hours set by the Coach to cover topics including but not limited to, design business-related questions arising from coaching calls and trainings, accountability, and other support. Membership is subject to change as the Members and Coach further discuss the needs of the client as the Membership continues.

MEMBERSHIP STRUCTURE

The Coach requests for the Client’s participation in the Membership: 

Business hours are between 9am and 5pm PST (or the local time zone in which the Coach is in), Monday through Friday. The Coach can be reached during this time via the private Facebook group. If the Client needs to contact the Coach before or after business hours, or on the weekends, the client may send a message to the Coach but is aware it is to the Coach’s discretion to only reply during set business hours. The Coach will do their best to respond in a timely manner to all messages but reserves the right to respond within 1-2 business days.

Be honest and participate fully. Recognize that our meetings are a safe place to look at what you really want, and what it will take to make it happen. Be mindful that this is a group coaching Membership. Anything mentioned or brought up by other participating members as part of this Membership is deemed to be confidential.

Make a commitment to the action plans you create, and do what you have agreed to do.

Understand that the power of the coach to client relationship can only be granted by you, and commit to making the relationship powerful. If you see that the process is not working as you desire, communicate and take action to return the power to the relationship.

PAYMENT TERMS

Fees are due and payable on the following schedule:

Payment in full is required to be remitted on time, every month, on the anniversary date of your initial subscription. Payments are non-refundable. The Client acknowledges that the Coach will not work for free on any terms. The Coach must be compensated before the project begins.

​FORCE MAJEURE

Neither the Client or the Coach will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.

TERMINATION

The Coach is committed to providing all clients with a positive experience. The Client agrees that the Coach may, at its sole discretion, terminate this Agreement and limit, suspend or terminate the Client’s participation in the Membership without refund or forgiveness of any deposit payments made if the Client becomes disruptive or upon violation of the terms. If the Client decides to terminate this Agreement, no refunds will be issued.

Should the Client wish to terminate the contract and no longer be a part of the Membership, they may do so after the minimum commitment has been met. The minimum commitment is that which was agreed upon at the time of initial subscription. After the minimum commitment has been met, the Client may stop future payments and leave the membership. No backdating or refunds will be afforded for late cancellations.

TERM & CONDITIONS MODIFICATIONS

The Coach reserves the right, in its sole discretion, to change the Terms under which the Membership is offered. The most current version of the Terms will supersede all previous versions. The Coach encourages you to periodically review the Terms to stay informed of our updates.

CONFIDENTIALITY

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the term of this membership (“Confidential Information”). 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 shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the initial date of subscription shall survive the termination, revocation, or expiration of this Agreement. 

PRIVACY

Your use of the Membership is also subject to the Coach's Privacy Policy. Please review our Privacy Policy, which also governs the Membership and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

RECORDING OF CALLS

The Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement.

NON-DISCLOSURE OF COACH MATERIALS 

Material given to the Client in the course of the Client’s work with the Coach is proprietary, copyrighted and developed specifically for the Coach. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited. 

The Coach’s Membership is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to use any of the Coach’s intellectual property for the Client's business purposes. All intellectual property, including Coach’s copyrighted design or educational materials, shall remain the sole property of the Coach. No license to sell or distribute the Coach’s materials is granted or implied. 

 

Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations. 

GUESTS

The Coach may, from time to time, provide information from a third party in the form of a guest interview or training, or other medium. The Coach does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Coach may provide links to other Websites or Resources (hereinafter called “Resources”). The Resources are not under the control of the Coach and the Coach is not responsible for the contents of any Resources, including without limitation any link contained in said Resources, or any changes or updates to those Resources. The Coach is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Coach of the Resources or any association with its operators.

Certain services made available via the Resources are delivered by third-party Resources and organizations. By using any product, service, or functionality originating from those Resources, you hereby acknowledge and consent that the Coach may share such information and data with any third party with whom the Coach has a contractual relationship to provide the requested product, service or functionality on behalf of the Resources’ users and customers.

NON-DISPARAGEMENT

The Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Coach, its employees, or agents. The Coach shall not make any false, disparaging, or derogatory statements in public or private regarding the Client and its relationship with the Coach.

HEADINGS

The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

SEVERABILITY

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

CLIENT RESPONSIBILITY; NO GUARANTEES

The Client accepts and agrees that while the Coach has its own responsibilities and expectations, the Client is also responsible for its progress and results. The Coach will help and guide the Client with its expected responsibilities; however, participation is the one vital element to the Membership’s success that relies solely on the Client. The Coach makes no representations, warranties or guarantees verbally or in writing regarding the Client’s performance. The Client understands that because of the nature of the services and extent, the results experienced by each client may significantly vary. By signing below, the Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach its goals as a result of participation in the coaching contract and the Coach’s comments about the outcome are expressions of opinion only. The Coach makes no guarantee other than that the Services offered in this Membership shall be provided to the Client in accordance with the terms of this Agreement. 

DISCLAIMER

The Client understands the Coach is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Any and all coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. The Coach promises that all information provided by the Client will be kept strictly confidential, as permissible by law.

LIMITATION OF LIABILITY

The Client agrees that it shall not hold the Coach or his/her agents or employees liable for any incidental or consequential damages that arise from the Coach’s failure to perform any aspect of the project, regardless of whether such failure was caused intentional or negligent acts or omissions of the Coach or the Client, any Client representatives or employees, or a third-party.

ACCEPTANCE OF TERMS

By enrolling and/or subscribing to the membership, the Client agrese to the whole terms and intend to be bound hereby.

CONTACT US

The Company welcomes your questions or comments regarding the Terms:

 

Email Address: info@stephwharton.com

 

Effective as of February 2021.