Coaching Agreement

This website is operated by Brittany Alysia. Throughout the site, the terms “we”, “us” and “our” refer to Brittany Alysia. Brittany Alysia offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting and using www.TheIndependentBossBabe.com or www.MakeLifeYourBitch.co or any of their subdomains (hereinafter the “website”) and/ or purchasing something from us, you engage in our “Service”, and you accept and agree to be bound by this Coaching Agreement including those additional Terms and Conditions, our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference. 

Throughout this Agreement, the Coach and the Client may each be referred to as a (“Party” or collectively as the “Parties”).

The term “you” or “client” refers to anyone who uses, visits and/or views the website and/ or purchases something from us. Brittany Alysia, The Independent Boss Babe, and Make Life Your Bitch (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 

Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

INTENDED AGE 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into this Agreement. Please review our Privacy Policy for more information.

DISCLAIMER

Your acceptance of our Disclaimer is expressly incorporated into this Coaching Agreement. Please review the Disclaimer for more information. 

MANDATORY ARBITRATION AND GOVERNING LAW 

You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed in accordance with the laws of Canada.

You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Canada, without regard to conflict of law principles or where the parties are located at the time of the dispute.

You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney's fees and other legal costs.

 ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

MAINTENANCE OF CONFIDENTIALITY

Each party hereto (“Such Party”) shall hold in trust for the other party hereto (“Such Other Party”), and shall not disclose to any non-party to the Agreement, any confidential information of such Other Party. This constitutes as a mutual non-disclosure agreement. Confidential information is information which relates to Such Other Party’s research, development, trade secrets or business affairs, but does not include information which is generally known or easily ascertainable by non-parties of ordinary skill in computer systems design and programming.

“Confidential Information” does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. 

Coach hereby acknowledges that during the performance of this contract, the Coach may learn or receive confidential Client information and therefore Coach hereby confirms that all such information relating to the Client’s business will be kept confidential by the Coach, except to the extent that such information is required to be divulged to the Coach’s clerical or support staff or associates in order to enable Coach to perform Coach’s contract obligation.

Coach agrees not to disclose or use, except as required in Coach's duties, at any time, any information disclosed to or acquired by Coach during the term of this contract. Coach agrees that he shall not, without the written consent of Client, disclose to third parties or use for his own financial benefit or for the financial or other benefit of any competitor of Client, any information, data, and know-how, manuals, disks, or otherwise, including all programs, decks, listings, tapes, summaries of any papers, documents, plans, specifications, or drawings. 

Both parties shall take all reasonable precautions to prevent any other person with whom they may become associated from acquiring confidential information of each other at any time. 

Both parties agree that all confidential information shall be deemed to be and shall be treated as the sole and exclusive property of each Party.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

This Coaching Agreement is effective unless and until terminated by either you or us. At any time, either the Client or the Coach may terminate, without liability, the Coaching Period for any reason, with or without cause, by giving 30 days advance written notice to the other party. 

The Client shall pay Coach the compensation to which the Coach is entitled through the end of the Coaching Period, and thereafter all obligations of the Client shall terminate.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Coaching Agreement, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Brittany Alysia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims. 

WAIVER OF CLASS ACTIONS

You agree that any dispute arising from or related to this Agreement will be resolved solely between you and the Company. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative. 

ENTIRE AGREEMENT

This Coaching Agreement along with our Terms and Conditions, Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written. 

A printed version of this entire agreement including the Terms and Conditions, Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form. 

SEVERABILITY

If any provision in this Coaching Agreement is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

MODIFICATIONS

Company reserves the right, in its sole discretion and without notice, to (a) revise this Coaching Agreement; (b) modify the website and/or any services or products it offers; and (c) discontinue the website and/or products or services at any time. Any changes to this agreement will take effect immediately. You agree to review this Coaching Agreement and any other online policies posted on the website on a regular basis to be aware of any changes. You agree to be bound by the revision if you continue to use or access the website after these modifications.

ACKNOWLEDGEMENT

By using any of our products, services or accessing the site, you acknowledge that you have read and agree to be bound by this Coaching Agreement. 

CONTACT

For any questions, please contact us at support@theindependentbossbabe.com.

CHANGES TO COACHING AGREEMENT

You can review the most current version of the Coaching Agreement at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of this Coaching Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to this Coaching Agreement constitutes acceptance of those changes.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PAYMENTS ON PROGRAMS

You are responsible to pay the full amount of the price you originally agreed to pay for any program you purchase, regardless if you leave the program, do not complete it in the time-frame provided, or don't use the container at all.

If you were not able to pay in full for a program and require a payment plan you are still responsible for the full purchase price of the program you originally agreed to. 

If you are purchasing The Independent Boss Babe Inner Circle or Make Life Your Bitch Mastermind (a 12-month program) on a payment plan, and you choose to terminate your agreement before your 12 months agreement has completed, you will be responsible for paying the difference of the full price for each program that has taken place since you registered.

If payments are late we reserve the right to remove you from all programs, produced by Brittany Alysia, The Independent Boss Babe and Make Life Your Bitch, where applicable, until payments are again current. We also reserve the right to terminate your agreement and you will be responsible for paying the difference of the full price for each program that has taken place since you registered. 

REFUNDS

Unless otherwise stated, all items and programs purchased are 100% non-refundable and returns will not be accepted.

 ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

ASSIGNMENT; SUCCESSORS AND ASSIGNS 

Coach agrees that it will not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement, nor shall Coach’s rights be subject to encumbrance or the claims of creditors. Any purported assignment, transfer, or delegation shall be null and void. 

Nothing in this Agreement shall prevent the consolidation of the Client with, or its merger into, any other corporation, or the sale by the Client of all or substantially all of its properties or assets, or the assignment by the Client of this Agreement and the performance of its obligations hereunder to any successor in interest or any Affiliated Client. 

Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those enumerated above.

STATUS OF COACH

Coach is an independent contractor and neither Coach nor Coach’s staff is or shall be deemed to be employed by Client. Nothing contained herein shall be construed to constitute the parties hereto as partners or joint venturers, or either as an agent of the other. Client is hereby contracting with Coach for the services described herein and Coach reserves the right to determine the method, manner and mean by which the Services will be performed. Coach is not required to perform the services during a fixed hourly or daily time and if the services are performed at the Client’s premises, then Coach’s time spent at the premises is to be at the discretion of the Coach; subject to the Client’s normal business hours and security requirements. Coach hereby confirms to Client that Client will not be required to furnish or provide any training to Coach to enable Coach to perform Services required hereunder. 

The services shall be performed by Coach or Coach’s staff, and Client shall not be required to hire, supervise or pay any assistants to help Coach who performs the Services under this agreement. Coach shall not be required to devote Coach’s full time nor the full time of Coach’s staff to the performance of the Services required hereunder, and it is acknowledged that Coach has other Clients and Coach offers services to the general public. The order or sequence in which the work is to be performed shall be under the control of Coach. 

Except to the extent that the Coach’s work must be performed on or with Client’s computers or Client’s existing software, all materials used in providing the Services shall be provided by Coach. Client shall not provide any insurance coverage of any kind for Coach or Coach’s staff, and Client will not withhold any amount that would normally be withheld from an employee’s pay. Coach shall take appropriate measures to insure that Coach’s staff is competent and that they do not breach this Agreement.

INJUNCTIVE RELIEF

Both Parties acknowledge that disclosure of any Confidential Information by each other will give rise to irreparable injury to the owner of such information, inadequately compensable in damages. Accordingly, either Party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available. 

NO TRANSFER OF INTELLECTUAL PROPERTY

Nothing contained in this Agreement shall be construed as granting to any party a license, express or implied, under any patent, copyright, trade secret, or other intellectual property right now or hereafter owned, obtained, or licensable by a Party to this Agreement.  Any intellectual property made in the performance of this Agreement shall be or remain the sole and exclusive property of that Party who created it, regardless of whether it is completed or reduced to practice thereafter.  In the event that employees of the Parties jointly produce copyrightable material, such material shall be jointly owned and copyrighted with rights reserved for both Parties and both Parties shall share in the cost, if such copyright is registered.

If during the performance of this Agreement inventions result, the following shall apply: each invention, discovery, or improvement (hereinafter referred to as “Invention”) conceived or first actually reduced to practice by one or more employees of one of the Parties, shall be the sole property of the Party whose employee or employees made the Invention.  Any Inventions conceived or first actually reduced to practice jointly by employees of both Parties hereto shall be jointly owned by both Parties.

Nothing in this Agreement is intended to transfer to the Client any rights in the Coach’s services or work performed, which shall remain the sole property of the Coach. Client is not authorized to use Coach’s intellectual property for Client’s business purposes. No license to sell or distribute Coach’s materials is granted or implied to the Client. 

NON-DISPARAGEMENT

Both parties agree not to make any false, disparaging or derogatory statement in public or private whether in writing or orally regarding each other, its employees, clients, agents or anyone else working with the parties. For the purpose of this agreement, the term disparage includes without limitation statements or comments made in any form or medium in the press, social media that could potentially affect the business of each party adversely or tarnish the reputation of each party in any way.  

FORCE MAJEURE

Neither Party will be deemed in default of its obligations to the extent that the performance of any such obligation is prevented or delayed by war, insurrection, fire, flood, riot, acts of terrorism, strikes, acts of God, telecommunications failures or errors, systematic internet failure, including but not limited to interruptions by service providers, or any similar event or circumstance not caused, in whole or part, by such Party, and which is beyond the reasonable control of such Party.

Client Responsibility

Coach provides the coaching Services under this Agreement strictly for educational and informational purposes only. Coaching Services provided by the Coach shall not be construed as professional advice tailored to any specific individual. Coach has multiple Clients and all information shared is for educational purposes intended for the general people. Client is encouraged to always seek a professional in the area for its particular needs and circumstances prior to making any professional, legal, financial, medical or tax related decisions affecting the Client or its business.

Client agrees that use of Coaching Services is at Client’s sole risk and that Client is solely responsible for the accuracy of the personal and any information provided by the Coach, outcome of Client’s actions, personal and business results, and for all other use in connection with the Coaching Services.

Client agrees to assume full responsibility for progress and results from the coaching Services. Coach makes no representations, warranties or guarantees verbally or in writing of any kind. Client agrees that its individual results may vary and that no promises of any kind are made by the Coach. Client agrees to assume all risk of loss for participation in the Coaching program and Services with the Coach. Coach does not promise or guarantee that Client will reach their goals as a result of participating in this coaching program. 

DUTIES AND RESPONSIBILITIES

Coach Responsibility and Disclaimers

Coach hereby agrees to provide and perform for the Client those Services set forth on in this Agreement. Coach shall devote its best efforts to the performance of the Services and to such other services as may be reasonably requested by the Client. 

Coach shall use its best efforts to comply with, and to ensure that each of its Agents comply with, all policies and practices regarding the use of facilities at which Services are to be performed hereunder. 

Personnel supplied by Coach to provide services to Client under this Agreement will be deemed Coach’s employees or agents and will not for any purpose be considered employees or agents of Client. Coach assumes full responsibility for the actions of such personnel while performing Services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits (if any) and payment of salary (including all required withholding of taxes).

Coach may disclose income reports, results, success results of other Clients or former Clients or customers including product reviews and testimonials from time to time. All efforts are made to accurately represent such information but there’s no guarantee that Client will achieve the same results by using those techniques or ideas shared by the Coach. Client is encouraged to perform its own due diligence and research and is solely responsible for its earnings and results. Client’s earning potential and results are contingent upon its individual personal circumstances, abilities, experience and skills. Therefore, Client agrees not to hold Coach and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with the Coach liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services shared with the Client.

TERMS AND CONDITIONS

Your acceptance of our Terms and Conditions are expressly incorporated into this Coaching Agreement. Please review the Terms and Conditions for more information.