Terms Of Use Agreement for purchase of Prepped For Profit® Blueprint Online Course and Private Chef Business Coaching
REFUND POLICY: Because this course is a digital product with instant access and downloadable capabilities of videos, workbooks, and proprietary information, refunds will not be given once you START the course. Refunds will only be given to purchasers who never start the program. Email [email protected] for more details or refund request.
This Customer Agreement is entered into and effective on the day of purchase, by and between Tiffany Thomas Coaching LLC, a Wyoming LLC (“Company”), and You (“Customer”). This Customer Agreement outlines the relationship between Company and Customer and defines how the parties will work together.
For good and valuable consideration, Customer agrees to purchase Private Chef Business Coaching a coaching services package, (“Coaching Package”) from Company. In exchange, Company agrees to provide coaching services for Customer, using appropriate techniques in accordance with Customer’s needs and in alignment with Company’s role as a business coach, certified transformational nutrition coach (CTNC), and private chef with details as outlined below.
Coaching Package Details.
Prepped For Profit® Blueprint and Private Chef Business Coaching are a compilation of videos, workbooks, and personalized feedback, designed to help Chef’s fast track their private chef career with step-by-step instructions and guidance.
Coaching Package includes the following services:
- Access to Prepped For Profit Blueprint including online course videos and private membership community
- Handouts, templates, and worksheets, when applicable, to prompt the action steps to complete the Prepped For Profit Blueprint Course
- Introduction to recommended professionals
- Opportunity to join private social media and membership groups
- Guidance on opening and running your Chef business
- Customer relations assistance
- Professional insights
- Feedback on business-building steps
TERM.
The term of this Customer Agreement shall be from this day forward.
FEES.
In consideration for the Coaching Package Services provided by Company to Customer, Customer agrees to pay Company a fee of $597.00 (“Fee”) minus any discounts presented with valid coupon code. Customer agrees to make payment via Kajabi Payments which may include Kajabi, Google Pay, Apple Pay, Afterpay, Klarna, or other payment method offered at time of payment. Company’s obligation to provide services to Customer are conditional upon Customer making timely payment. Customer shall make payment in full prior to gaining any access to the Coaching Package.
If a Payment Plan has been offered by the Company or Kajabi payment options to the Customer, Customer gives the payment processing company permission to automatically charge Customer’s method of payment on file for all installment payments, at the time they are due, without any additional authorization.
Customer further understands and agrees that if Customer chooses to terminate or not use the Coaching Package, Customer will still be responsible for all payments due under these Terms of Use.
COMMUNICATIONS.
1. Video lessons
Video lessons have been pre-recorded and are not private.
2. Private Chef Community Group
Customer has access to the Prepped For Profit Community to post homework, engage with other participants, and receive feedback from Tiffany Thomas and associates. This does not guarantee private access to Tiffany outside of this group.
3. Social Media Group.
Customer will be granted access to follow Company’s social media as part of the Coaching Package. When participating in this group, Customer agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying. Customer understands that Company has a zero-tolerance policy and will immediately terminate Customer’s access if this provision is violated.
ACCESS TO COMPANY
Should Customer reach out to Tiffany via Community group or email at [email protected], Tiffany or an assistant may take up to 7 business days to respond in full.
CUSTOMER RESPONSIBILITIES.
Customer agrees to adhere to the payment terms of this Agreement, actively participate in the coaching process, apply 100% effort to get results, be honest with Company, communicate respectfully to and about Company, complete any assignments and homework given by Company, provide all documentation requested by Company, and maintain good faith.
Coaching is designed to support you in reaching your goals, but your success depends on many factors, including your own motivation, dedication, starting point, willingness to be open, honesty with yourself, unique health and genetic profile, expertise, and support and you understand that these factors will impact your results. You also understand that coaching services offer guidance, direction and program materials but do not actually implement anything regarding your health for you. You are responsible for producing your results. Coaching is in no way a guarantee of results.
COMPANY RESPONSIBILITIES.
Company agrees to reply to inquiries for feedback in a timely manner, serve as a guide and mentor, perform in a professional manner, hold the space for transformation, and carry out this Coaching Package in a professional manner.
CONFIDENTIALITY.
This Customer Agreement is a mutual non-disclosure agreement with both Company and Customer agreeing not to disclose or make use of any confidential information learned about or through the other party. This mutual non-disclosure agreement remains in effect, even upon the completion and termination of this Customer Agreement. Any violation of this non-disclosure agreement may result in legal action against Customer.
Throughout the Coaching Package, Customer will share private and confidential information with Company, for Customer’s personal benefit and Company agrees not to disclose such confidential information to any third parties. Customer may authorize Company to disclose such information in writing.
A reserved exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential information.
Throughout the Coaching Package, Company will share proprietary and confidential information with Customer, for Customer’s personal benefit, including, but not limited to, personal information, financial information, strategies, techniques, original work, and other unpublished information. Customer agrees not to disclose such confidential information to any third parties.
Customer also understands that other members of the Group may share their confidential or proprietary information (“the Group Information”). Customer agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and a third party may prosecute any such violation to the full extent of the law. Customer agrees to hold Company harmless from any such action taken by a third-party against Customer.
All information shared in group coaching sessions and in the social media group by Company or other group members is confidential. Customer agrees not to disclose any information learned by, through or about any other group members.
Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
INTELLECTUAL PROPERTY.
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Coaching Package, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.
By purchasing the Coaching Package, Customer is granted one limited, revocable, non-transferrable license to view, read, download, print and use the materials and content for Customer’s personal benefit only, as directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.
Customer agrees not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Company may terminate Customer’s access to the Coaching Package, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.
TERMINATION.
Customer may discontinue the Purchase (Program) at any time, for any reason, but no portion of payments already made will be refunded. If a payment plan has been elected, Customer understands and agrees that Customer remains responsible for any and all outstanding payments, even though Customer has terminated the Purchase. No refunds will be given.
Company may terminate this Coaching Agreement and discontinue the Coaching Package if Company determines, in its sole discretion with no requirement for explanation, that the relationship must terminate for reasons including but not limited to harassment, online abuse, and violation of community rules.
REFUND POLICY.
Company’s refund policy is as follows:
Purchases are refundable only if the student does not start the program. To receive a qualifying refund, Customer may email [email protected] with a refund request. Upon verification, valid Refunds may take up to 10 business days to process. Refunds will be given through the payment processor chosen.
Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.
Customer further understands that if Customer cannot participate in the Coaching Program or complete any of the steps, all payments are still due under this Agreement. Any chargeback or threat of chargeback made by Customer will result in immediate termination of Customer’s access to the Coaching Package plus attorney fees for Company to perform legal action against Customer for a fraudulent chargeback.
NO GUARANTEES, NO WARRANTIES.
Customer is participating in this Coaching Package voluntarily and understands that Company makes no guarantees regarding Customer’s results with this Coaching Package. Customer agrees that Company is not responsible, and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result, or if there are errors or omissions in the Coaching Package or any of its materials.
The Coaching Package is provided “as is,” and, except for the express warranties in this Customer Agreement, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Customer’s participation is voluntary and agrees not to hold Company responsible if Customer becomes dissatisfied with the Coaching Package. The Coaching Package is intended for a general audience and is not in any way specific advice tailored to any individual.
TESTIMONIALS
Company may request Customer provide a testimonial on the Purchase. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.
If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.
DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE.
Nothing in the Coaching Package is intended to constitute or should be relied upon as medical advice. Customer understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Coaching Package is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition. Nothing in the Coaching Package is intended to be a substitute for consultation, diagnosis, treatment or other professional medical advice from a healthcare professional, nor is it designed to provide Customer with a medical diagnosis, treatment or other medical services. Company is providing services only in the capacity as a business coach, Certified Transformational Nutrition Coach (CTNC), and private chef to assist Customer in making changes to Customer’s lifestyle, not as a healthcare professional.
Nothing in the Coaching Package is intended to constitute or should be relied upon as mental health, medical, financial, business, or legal advice. Customer understands that Company is not a psychologist’s office, psychiatrist’s office, therapist’s office, mental health practitioner’s office, physician’s office, naturopath’s office, licensed dietitian’s office, other licensed or registered healthcare professional’s office, accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Coaching Package is intended to be a substitute for professional advice from a healthcare professional or licensed business professional. Company is providing services only in the capacity as a business coach, Certified Transformational Nutrition Coach, and private chef, not as a licensed mental health, medical, financial or business professional. Coaching is in no way to be construed as psychological counseling, therapy, or medical advice. Our Services are intended to provide you with tools to implement and use in your own life for self-help, in the area of the food service business.
Nothing in the Coaching Package is intended to constitute or should be relied upon as financial, business, or legal advice. Customer understands that Company is not an accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Coaching Package is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional. Company is providing services only in the capacity as a business coach, Certified Transformational Nutrition Coach, and private chef, not as a licensed business professional.
Customer has read, understands and consents to be bound by Company’s full Disclaimer, located at www.cheftiffanythomas.com/disclaimer which is incorporated here.
ASSUMPTION OF RISK.
Customer understands that the Coaching Package may include participation in lifestyle strategies, financial, business or career strategies, diet, exercise and movement elements, which include inherent risks of harm, illness, injury and other negative results. Customer confirms that prior to beginning this Coaching Package with Company, Customer will be evaluated by a healthcare professional and will obtain medical clearance to participate in the Coaching Package. If Customer chooses not to obtain such medical clearance, Customer assumes all risks and agrees not to hold Company responsible for any harm, illness, injury or other negative results. Customer also confirms that during this Coaching Package with Company, Customer will always have the opportunity to consult with a licensed health professional, accountant, financial advisor, lawyer or other licensed business professional before acting on any Content of the Coaching Package. If Customer chooses not to speak to a licensed health professional or licensed business professional, Customer assumes all risks of use or non-use of Company’s Content and agrees not to hold Company responsible for any harm, injury or other negative result.
LIMITED LIABILITY, INDEMNIFICATION.
Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from this Customer Agreement or the Coaching Package, including any injuries sustained or medical ailments that result, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under this Customer Agreement.
Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to this Customer Agreement or Coaching Package.
Governance.
This Customer Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California regardless of Customer’s location. The exclusive venue for any legal proceeding based on or arising out of this Customer Agreement shall be Los Angeles County, California
DISPUTE RESOLUTION, LITIGATION EXPENSES.
Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Los Angeles County, California. Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgement of law. Customer understands that any claim must be commenced within one year of the date of the grievance or forfeited forever.
Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. No award of any consequential or additional damages may be awarded to Customer.
If any legal action is brought because of an alleged dispute regarding this Customer Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.
ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT.
Customer and Company agree that this Customer Agreement constitutes the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Customer understands that any expectation regarding the Coaching Package, which is not specifically included in this Customer Agreement is not included in the Coaching Package.
Customer agrees that no waiver of any of the provisions of this Customer Agreement shall be deemed, or shall constitute, a waiver of any other provision of this Customer Agreement, nor shall any waiver constitute a continuing waiver.
Customer agrees that this Customer Agreement is not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Customer and Company, or by an authorized signatory for either party.
If any term of this Customer Agreement is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
This Customer Agreement is not assignable, delegable, sub-licensable, or otherwise transferable.
NOTICE.
All notices, requests, demands, and other communications regarding this Customer Agreement shall be in writing, sent via the US mail, addressed as follows:
Tiffany Thomas Coaching LLC
3350 E 7th St #624
Long Beach, CA 90804
ASSUMPTION OF SIGNATURES.
Customer and Company agree that confirmation of review of this agreement, checking the box, and completion of purchase of this product includes an assumption of agreement beginning on this date.
Customer has the opportunity to consult with an attorney and to have all questions answered by Company prior to signing this Customer Agreement. By purchasing this product, Customer and Company agree to all of the terms of this Customer Agreement.