Private Coaching Terms and Conditions

Last Updated: November 7, 2023

The purpose of this agreement is to set forth the details so that we are both clear as to what each of our respective roles are and how our communication will take please so that our time will be positive, productive, and comfortable! This Agreement is made between Sundey Gardner of Online Travel Boss Enterprise LLC at 1775 Parker Rd SE, C210 Conyers, GA 30094  and the Client.

We both legally agree to the following:

Program Description

Your Private Coaching Program (“Program”) includes:

• 12 Week Coaching, start and end date to be determined specifically by the Client and Sundey Gardner and outlined in the coaching plan

• 12 ninety-minute phone calls and additional calls as determined by Sundey and the Client

• Unlimited email access.

BONUS:

Enrollment into Business Foundations Program

Expectations

During the Program, you can expect that Sundey Gardner, President of Online Travel Boss Enterprise LLC  and your coach will come prepared.

Be fully present and devote my full attention to you during our time togetherServer as your coach and mentorCare about your goals and successesStretch you outside of your comfort zone when necessaryOffer support, encouragement, feedback and guidance

I expect that you will:

• Show up on-time and be present during our time without distractions

• Give 100% of your effort and fully commit to the Program

• Use your best efforts to implement the strategies we discuss - dreams don’t work unless you do

• Complete all action steps and homework (for long term Programs only)

• Promptly provide payment for the Program

• Be open to new ideas and mindset shifts that may be different from your own

• Be willing to dig deeper and stretch yourself and your business to new possibilitiesAsk any questions you may have as they arise

Contacting Sundey

I like to be as attentive to my clients as I possibly can be. You will have unlimited access to me via email and/or fb messenger for the duration of the Program. You are welcome to contact me at any time. I check my emails twice a day, once in the morning and one in the evening. While it is very likely that you will receive a response from me a lot sooner, I will do my best to respond within 24 hours on weekdays. On weekends and holidays, I will do my best to reply to you by the next business day. Emails and messages related to your Program are designed for quick questions, and you may receive brief responses. If you want to discuss something at length, I may request that we hop on a quick call. This call is complimentary, if suggested by Sundey.

Scheduling Calls 

We will be using Zoom for all of our conference calls and will access it using zoom provided to you via email. We will both dial into the conference at the specified time. A copy of the call recording will be made available after each session. Dial-ins more than 15 minutes late (without prior notice) may result in a session cancellation. You will not receive an account credit for sessions cancelled due to late arrival. 

Rescheduling and Cancellation

Our time together is important. If you need to reschedule or cancel please do so at least 24 hours in advance of your scheduled time by sending an email to [email protected]. Together, you, I and/or my support team will select a new date. If do not contact me at least 24 hours in advance to let me now of the cancellation and/or need to reschedule this will be considered a missed call.Missed CallI do understand that there are those rare occasions where you will miss your coaching call altogether or you forget to let me know 24 hours in advance. However, if you miss a call, you will be charged a $25 missed call fee. And the call will be forfeited.For Long-Term Program (greater than 3 months), you are only permitted to miss 1 call during the Program. If you have more than 1 Missed Call, your Program will automatically terminate and you will not have the opportunity to reschedule or to receive a refund.

Investment and Payment

Investment: You agree that you are financially willing and able to invest in this Program by choice and by doing so, you are not incurring any economic hardship in any way. 

• If paying in full, your investment is $5800 and made upon enrollment.

If paying by debit or credit card, you give us permission to automatically charge your card as payment for your Program and for any Missed Call Fees without any additional authorization, and you will receive an electronic receipt. If I choose to provide you with an invoice, you are manually required to pay it by the due date on the invoice or your Program will be put on hold until payment is made.

Missed Payment:

If payment is not received by the due date or there is a problem with payment transaction or method you will be notified by email and then have a 5 day grace period to make the payment following the due date, otherwise your Program will be put on hold. Sundey has the right to terminate contract in this instance if no arrangements to make past due payments have been reached.

Refund Policy:

It is my intention for you to be happy with your Program. However, because I have invested a considerable amount of time and effort into your Program, if you decide to withdraw at any time for any reason you are still fully responsible for making all Program payments and no refunds will be provided.

Confidentiality

You recognize that in the course of our work together, you may divulge goals, future plans, business affairs, personal past history, and any other private information. I will not disclose and of your private information to a third party unless:

(1) they have a legitimate reason to know such information as a member of my team/staff

(2) it is required by law or

(3) you have given me written consent.

Intellectual Property Rights

I retain all ownership and intellectual property rights to the Program content and materials that may be provided to you including all copyrights and trademarks belonging to me. The Program content and materials being provided to you are for your INDIVIDUAL use only and with a single-user license which means that you are not allowed or are authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials electronically or otherwise, for business or commercial use, or in any other way that earns you money without my prior written consent.

Personal Responsibility and Assumption of Risk

You acknowledge that you take full responsibility for yourself and all decisions made before during and after your Program. You accept full responsibility for your choices actions and results before during and after this Program and you knowingly assume all of the risks of the Program related to your use misuse or non-use of the Program or any of the Program materials. You understand and agree that you are solely responsible for your results.

Disclaimer

I have used care in preparing the information provided to you but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results so no guarantees can be made as to the results you will experience through this Program you agree that as a High-Impact Coach I am not responsible for your physical mental emotional and spiritual health, nor for your financial earnings or losses, nor for any other personal or business results or outcomes that you may experience through this Program. Nothing related to this Program is intended to be considered medical mental health, legal, financial, religious advice in any way. By signing this agreement you agree that you're also consenting to the full disclaimer which may be found on my website.

Limitation of Liability, Indemnification and Release of Claims

I, Sundey Gardner will not be held responsible in any way for the information that you request or receive through this Program including services, products, and Program materials and any other information you have received from or through me related to this Program. You agree that you fully and completely hold harmless, indemnify, and release me 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 may have against me in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permitted by applicable law.

Termination

Should I, as the Coach choose to terminate this Agreement at any time, i will provide you with 72 hours written notice via email. Any outstanding payments for services that have already been provided to date are due immediately and payable. No refunds will be provided. Should you as a Client choose to terminate the agreement at any time you are  to (1) provide 72 hours written notice via email (2) remain financially responsible for the full cost of the Program, (3) immediately make payments that are outstanding and due, and (4) understand that no refunds are provided. All terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms will still apply even after termination by either party.

Notice

All correspondence or notice required regarding the Program should be made to me by email at

[email protected] and to you at the email address you provided during your enrollment in the Program. Should your email address billing information or contact information change it anytime throughout the Program it is your responsibility to provide your updated information to me within 3 days of any change.

Entire Agreement, Assignment, Survivability and Waiver

This agreement contains our entire agreement. This agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not a sign your rights or obligation under this agreement to anyone else and the obligations under this agreement shall survive indefinitely unless otherwise stated in the agreement. If I choose to waive or not enforce one or more terms of this agreement it does not in any way limit my right to later enforce every part of this agreement

Governing Law

This Agreement shall be construed according to the laws of the State of Georgia.

Dispute Resolution

Should we ever have differences, it is hopes that we could work them out amicably through email correspondence. However if we are unable to seek resolution and 14 days we agree now that the only method of legal dispute resolution that will be used as binding arbitration before a single arbitrator jointly selected by both of us, Unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your payment made to date. No other actions are Financial Awards of consequential Damages or any other type of Damages may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment and to any Court having the appropriate jurisdiction. You also agree that should arbitration take place it will be held in the State of Georgia where my principal place of business is located and the prevailing party shall be entitled to all reasonable attorney fees and all costs necessary to enforce the decision of the arbitrator.

Non-Disparagement

If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harm the reputation in any way, including social media period in arbitration or when required by law, of course, you're not prohibited from publicly sharing your thoughts and opinions.