The Flourish Way, LLC
Online Program Agreement
By checking the box on the purchase page, you are acknowledging that you have read and fully understood the following agreements:
SECTION 1: Consulting/Coaching Participation and Fees
1.1 Services: Under the terms of the Agreement, JEN OWEN agrees to provide coaching services to YOU in the form of online content, membership site communications, Zoom meetings, email exchanges, videos, and/or other materials (“Service(s)”) in exchange for a Service Fee. Service Fees will be determined according to paragraph 1.2 below. Your access to such Services is made conditional on payment of such Service Fee.
1.1.2 Term: The term of this Agreement will commence upon YOUR acceptance of the Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the online educational services of JEN OWEN. YOU understand that you will have full access to this program and the membership site for as long as JEN OWEN is running this program and for no less than one year after your date of purchase. After your one year access, YOU understand that JEN OWEN may terminate this program at any time at her discretion.
1.2 Service Fee: By accepting the terms of the Agreement, YOU agree and understand that you are committing to pay JEN OWEN the full service fee as listed on the purchase page.
1.3 No Refunds: JEN OWEN abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for Services provided. You further acknowledge that in accepting the terms of this Agreement, YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
1.4 Promotional Material: By accepting the terms of this Agreement, you agree and acknowledge that JEN OWEN and The Flourish Way, LLC, may at any time reproduce and disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating the Services, including any specific results experienced by you over the course of such participation. You agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Services. You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
SECTION 2: No Warranties
2.1 Success not Guaranteed: By accepting the terms of the Agreement, YOU agree and understand that JEN OWEN provides Services of education and coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone’s success is different and dependent on factors, such as your own drive, dedication, and motivation. Any examples or testimonials are not meant as a promise or guarantee of your own earnings or success.
2.2. Limited Liability: In no event will JEN OWEN or The Flourish Way, LLC be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if JEN OWEN has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent of enforceable under applicable law.
2.3 Commitment to the Services: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all plans and assignments discussed with JEN OWEN to the best of your ability. You acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully making that effort. JEN OWEN agrees to provide you will education and coaching to the very best of her ability.
SECTION 3: Confidentiality
3.1 Confidentiality: Only YOU are granted access to the Services and specific coaching information and techniques provided by JEN OWEN. YOU agree that you shall not provide any of the information discussed in your sessions with any third party, teach any third party, or otherwise disclose or discuss information revealed to you in your sessions for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Confidentiality: JEN OWEN agrees not to provide any of the information discussed with you with any third party, teach any third party, or otherwise disclose or discuss information about your life, business, services, or programs for any purpose other than exercising rights expressly granted by YOU in this Agreement.
SECTION 4: Not Medical Advice
4.1 Educational Materials: By accepting the terms of the Agreement, you commit to fully understanding that the advice given in these Services is for educational information only and is not meant to replace the care and advice of your private medical provider. Any changes you make to your own health or regimen should be done under the care of your provider. You will, at your own expense, defend, indemnify, and hold JEN OWEN and The Flourish Way, LLC harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, expenses, including attorney fees, arising out of or in connection with any use of the Services of this Agreement.
SECTION 5: Miscellaneous
5.1 Non transferability: The rights and obligations under his agreement are personal to YOU. YOU many not assign or transfer any rights or obligations under this Agreement.
5.2 Indemnification: YOU will, at your own expense, defend, indemnify, and hold JEN OWEN and The Flourish Way, LLC harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, expenses, including attorney fees, arising out of or in connection with any use of the Services of this Agreement.
