Fairy Kim Sparkles LLC
GROUP & INDIVIDUAL COACHING TERMS
Last updated: October 30, 2022
Please read these Terms of Purchase (“Terms”) carefully before completing your purchase of Fairy Hair Styling Coaching (“Program”) from Fairy Kim Sparkles LLC (the “Company”, “we”, “our”).
You must be at least 18 years of age or older to purchase from the Company.
1. Payment Policy
In consideration for your access to the Program, you agree to pay for the Program in full (including all applicable sales and other taxes or fees) as indicated on the sales and checkout pages for the Program and for providing the Company with a valid credit card, debit card, or other payment method.
To complete your purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to the Company is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected including purchases made with pre-paid credit cards. The Company reserves the right to refuse or cancel your order at any time for any reason, including but not limited to Program or service availability, errors in the description or price of the Program or service, or errors in your order.
Due to the digital and informational nature of the Program, refunds are NOT granted for the Program.
THE COACHING RELATIONSHIP
You acknowledge that the Program involves coaching in a one-on-one or group setting. Unless you purchased individual coaching sessions, you will not have one-on-one access to any coach or private coaching sessions. You agree to behave respectfully to all Program participants. You acknowledge that successful coaching requires an environment of trust and mutual respect. If you cannot respect other participants in the Program, Company reserves the right to terminate your access to the Program without notice and without a refund or other recourse.
You acknowledge that coaching is a team effort, and you will get out of coaching only as much as you put into it. You agree to fully participate in the Program and follow the coach’s instructions to your best ability. You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Program.
You acknowledge that you are solely responsible for creating and implementing your own decisions, choices, actions and results based on coaching calls, sessions, and interactions with the coach(es) in the Program. You agree that the Company is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the coaches or in the Program.
You acknowledge that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporating the principles taught in the Program into those areas and implementing choices is exclusively your responsibility.
For the benefit of all participants and to help Company improve the Program and other offerings, all coaching sessions will be recorded, and the recording will be made available to all participants if they request a copy in writing within 7 days after session is completed. The Company will store the recordings securely and will not publish any recording unless all participants agree, but Company cannot guarantee the security of any recordings. You consent to such recording and uses of the recordings and acknowledge the risks of electronically storing and sharing such files.
Not Professional Advice
The information contained in the Program is not intended as, and shall not be understood or construed as, professional advice. The Program are for educational and entertainment purposes only. The Program should not be construed as medical, legal, financial, or any other type of professional advice. While the Company’s representatives and/or employees may be professionals and the information provided in the Program relates to issues within their area(s) of professionalism, the information contained in the Program is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
The Company and its representatives and employees have done their best to ensure that the information provided in the Program is accurate and to provide valuable information. Regardless of anything to the contrary, nothing in the Program should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional.
The Company shall not be liable or responsible for any errors or omissions in the Program or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
No Professional-Client Relationship
Your purchase of the Program does not create a professional-client relationship between you and the Company or any of our professionals. You recognize and agree that your purchase of the Program does not create any professional-client relationship.
Your Personal Responsibility
By using the Program, you accept personal responsibility for the results of your actions. You assume all the risk of your access to the Program and/or the Site and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You understand 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. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended in the Program.
You further agree to respect the Company’s confidential information. The content of the Program contains our proprietary methods, forms, templates, and other information. You agree not to share the information provided to you in the Program with anyone other than the Company and other purchasers of the Program.
You acknowledge that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between you and your coach or between you and other coaching participants are not subject to the protection of any legally recognized privilege.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video or other material(s) to the Site, you grant to the Company a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy related to your actions in accessing the Program or related materials or participating on the Site, and the Company reserves the right to disclose your participation in the same.
You must own the copyright to any image(s) you use on the Site or in the Program. You grant the Company a non-revocable, commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Program or the Site, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
The Company is not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
The Program, the Content, and the Site contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property, such as text, video, graphics, design, logos, images, and the compilation thereof. The Company name, the Company logo, the Company slogan, and all related names, logos, Program and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. The Company reserves all rights in and to its common law and registered trademarks, service marks, copyrights, and other intellectual property rights, to all intellectual property included in the Program, the Content, and the Site (“IP”).
All other names, logos, Program and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your purchase of the Program does not result in a transfer of any intellectual property to You. As a condition of your purchase and use of the Program, You agree to observe and abide by all copyright and other intellectual property protection. The Company grants You a single-use, non-exclusive, non-transferrable, revocable, royalty-free license to access and use the Content for your personal or internal business use. You agree that You will not modify (except as such modification may be necessary for completing or filling out templates or forms for Your authorized use), publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Content or Program, or offer any competing Program or services based upon any information contained in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of the IP. You agree not to delete or alter any proprietary rights or attribution notices in any of the IP. You will use the IP solely for your individual or internal business use and will make no other use of the IP without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any of the IP. The Company does not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You agree that any infringement of the Company’s IP shall result in an immediate termination of the license granted in these Terms. If you make any unauthorized use of the Company’s IP, your access to the Program will be terminated immediately and you shall not be entitled to a refund of any portion of the purchase price.
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by You, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the mediation referenced below. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of North Carolina for purposes of any such action by the Company.
LIMITATION OF LIABILITY
Except as expressly provided in these Terms, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Program. In no event shall the Company be liable to You for any direct, indirect, consequential or special damages, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. The Company’s entire liability for any breach of these Terms, and Your sole remedy, shall be limited to the purchase price actually paid by You to the Company.
WE MAKE NO WARRANTIES AS TO THE PROGRAM. YOU AGREE THAT THE PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
If you are found to be slandering, libeling or otherwise disparaging the Company, Program, or related materials, your access to the Program will be immediately revoked. The Company reserves the right to file a civil claim of action against you for any such damaging actions you take that materially harm the Company.
You shall indemnify and hold the Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Program, the Site, the Content, or your failure to maintain the confidentiality and/or security of your password or access rights to the Site and the Program. You shall provide the Company with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing the Company with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent. You recognize and agree that the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Program. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms. Your continued use of the Program will be deemed your acceptance of such changed terms. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions regarding modified terms, please contact us at FairyKimSparkles@gmail.com.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
ALTERNATIVE DISPUTE RESOLUTION
You agree to notify the Company of any concerns or issues regarding the Program, and to give the Company an opportunity to resolve those concerns or issues. If you and the Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. You agree that your good faith participation in Mediation or other Alternative Dispute Resolution is a condition precedent to filing any civil cause of action.
GOVERNING LAW; JURISDICTION
These Terms shall be construed in accordance with, and governed by, the laws of the State of North Carolina, and the courts of North Carolina shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to the Program must be filed exclusively in the appropriate courts located in North Carolina and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by the Company.
If you have any questions about any term of these Terms, please contact us at FairyKimSparkles@gmail.com.