Sonya J MacCrimmon Coaching
THE REDEFINED COLLECTIVE - FB COMMUNITY, RESOURCES, + Q&A CALLS
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services called The Redefined Collective (“Community Program”) by Sonya MacCrimmon (“Coach”), acting on behalf of Sonya J MacCrimmon Coaching (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
Please read this Agreement carefully before accessing or using Sonya’s (the “Company”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Coaching Services.
If you do not understand or do not accept this Agreement, please do not access any of the Company’s proprietary materials and immediately contact me at [email protected].
- Scope of Service
(a) This Agreement includes the following services within the 12-month contract with Sonya J MacCrimmon Coaching:
- monthly Q&A calls with Sonya and the other group members within the program, whereby the call is dedicated to hot seat coaching, discussion, questions answered, feedback, and support.
- Private FB Group where all group members can share, celebrate, connect, and discuss any struggles.
- Access to the resource library that will drip various materials throughout the year that can be utilized in their own time
The Services outlined above are to be referred to as the “Community Program”. The purpose of this Community Program by Sonya (the "Coach") is to provide a community space for members to receive guidance, coaching, and evidence-based strategies to assist with your limiting beliefs surrounding specific topics, triggered responses in daily life, negative thought patterns, and create sustainable habits.
The Coach is not an employee, manager, counsellor, therapist, or psychologist. Client understands that coaching is working with the Coach to help Client think through and analyze decisions and assist Client with finding your own direction. The Coach may offer opinion regarding decisions, but it is the responsibility of Client to make the final decision and choose the best option for themself.
Although the Coach may offer Client tools to help improve aspects of Client’s life, the coaching services in this 12-month contract are specific and limited in nature, pursuant to Section 1 of this Agreement. The Coach is a mindset & behaviour change coach, who offers Coaching Services in the form of Life Coaching. Life Coaching is tailored personal development geared towards helping Client discover their own direction, purpose, and/or personal potential. In addition to tools and exercises provided to the Client, the Coach provides guidance through mindset work whereby the Coach utilizes supportive and empowering questions that may or may not pertain to Client's past experiences, relationships, where triggers may stem from, and how this type of learned behaviour can affect the Client's decisions in present day.
Coaching Services do not include: 1) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioural therapy; 2) legal, career, or financial advice. The Client understands that the Community Program is not therapy, and/or counselling, and therefore does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client confirms and agrees that they will not use the Community Program as a substitute for counselling, psychotherapy, mental health care, or substance abuse treatment.
The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provider details of the nature and extent of the Community Program agreed upon by the Client and the Coach. The Client understands that if during the course of the Community Program, the Coach feels that the nature of the discussion is outside of the scope. in which the Coach is able to provide services, that the Coach will either refer the Client to someone else and/or terminate the Community Program with a refund pro-rata. The Client also accepts that the Coach reserves the right to notify appropriate authorities if the nature of the discussion concerns reasonable harm to oneself or harm to others.
(b) Any additional services provided by Sonya may require additional fees to be discussed and agreed upon by the parties. Additional services may require signing of a separate agreement.
- Client Duties
(a) Compensation. In consideration for the Community Program provided by Coach to Client as set forth in Section 1 above, Client agrees to pay the current fee listed above. In the event that any authorized charge applied by Coach to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.
(b) Payment Security and Disputes. To the extent that Client provides Coach with credit/debit card(s) information for payment on Client’s account, Coach shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
(c) Information to be provided by Client. Client agrees to provide all information and documentation that may be required by Coach to effectively perform said Coaching Services.
(d) Client understands that Client’s success is dependent upon their level of participation in the Services. In order to get the most out of the Community Program, Client must also work to implement the tools and strategies learned throughout the 12-month period and make considerable efforts toward Client’s own development on their own time. The Client understands and agrees that they are voluntarily choosing to enroll in the Community Program and are solely responsible for any outcome or results. The Community Program has been developed for educational purposes only. The Coach has established her proprietary Community Program in order to educate and inspire Client to pursue their personal goals. While the Coach believes in the Community Program being provided and that these services are able to help many people, the Client hereby acknowledges that the Coach does not guarantee, is not responsible nor liable for Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the 12-month period. Client accepts and agrees that Client is 100% responsible for their results and own health and well-being within this Community Program.
(e) Group involvement. Within this Community Program, there will be other member's personal information shared. This Community Program is a sacred space for all to share their personal struggles and concerns to the group while the Coach guides each member through their own journeys. The Client understands that they are participating within a setting whereby all members can express their feelings safely and openly. This is a judgement-free environment whereby all experiences are safely held and personal information is kept confidential and the Coach will hold space for all to share. The Client acknowledges this is a component of the Community Program and agrees to hold space and respect all members privacy.
- Term of Program
The Community Program will be a 12-month period with monthly Q&A calls along with the FB Group & resources. Client will not have ongoing access to the Coach under this Agreement upon completion of this Community Program after the 12-month period and outside the scope of these Services as outlined in Section 1(a). Client and Coach may choose to renew this Agreement for additional Services upon signing of a new agreement.
- Scheduling and Rescheduling
(a) Scheduling: The Q&A calls are set at a predetermined time each month. If a member is unable to attend live, the calls are recorded and shared within the module portal online.
(b) Rescheduling. If the Coach should need to reschedule for any reason outside of her control, she will notify all group members at her earliest convenience.
(c) Payment Policy: The Fee for the Coaching Services is listed above. The client further understands that if, for whatever reason, they need to pause their continued participation in the Community Program, the payments and services must be fulfilled within the 12-month period as established between the Client and the Coach and outlined herein and may not exceed the length of this term.
- Refund Policy
Due to the nature of the Community Program, the Coach does not offer any refunds. The Client understands that by signing this Agreement, the Client is fully committing to the Community Program.
The Client understands that all sales are final and are not eligible for any refund under any circumstances, be it known or unknown now or in the future. The Client further agrees and understands that changing their mind about the Community Program, failing the complete, follow-through or understand the details of the Community Program, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstances, warrant a refund. All refunds are subject to the discretion of Sonya.
Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow the Community Program guidelines; 2) Client is abusive or harasses Coach or other members of the Program; 3) Client refuses to pay or does not pay within the schedule outlined in Section 4 above; 4) Client proves to be difficult to work with and/or does not attend the scheduled coaching calls; 5) for any other legitimate business purposes in the best interest of Coach; 6) Client participates in copyright infringement of any Intellectual Property produce and/or developed by the Coach. The Client accepts that the Coach will provide a formal warning prior to termination. However, if any of the noted causes above make the Coach terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.
The client understands that any money owing to the Coach at the time of termination will become due at the effective date of termination, and the Client agrees to compensate the Coach for all Community Program services agreed upon, regardless of termination if under the aforementioned circumstances.
(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Coach in the strictest confidence and not disclosed to third parties or used by Coach for any purpose other than for providing Client with the Community Program specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Coach, (b) was in Coach’s possession prior to receipt from the disclosure, (c) is received by Coach independently from a third-party free to disclose such information, or (d) is independently developed by Coach without use of the Client’s Confidential Information. The client understands that the Coach and Client relationship does not constitute a legally confidential relationship (as in the medical and legal professions) and therefore understands that communications are not subject to the protection of any legally recognized privilege.
(b) Client Media Release: The Client grants permission for the Coach to photograph, and/or record any sessions and/or work conducted in which the Client is participating, and further acknowledges that the Coach may use the photographs, motion pictures, videotapes, recordings or any other record of the Client's participation in the FB group, sessions and/or work conducted for purposes of social media, website, advertising, online courses, and archiving.
From time to time, Sonya may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to the Coach sharing Client’s success stories on social media, which can be kept anonymous at the choice of the Client. Coach may also ask Client to provide testimonials about the Coach, and the Community Program, via video, audio or written testimonials. Both parties will keep Confidential Information in the strictest confidence and shall implement the best effort to protect Confidential Information to protect it from disclosure, misuses, misappropriation, loss, and theft. Coach will not disclose any of Client’s personal information to third-parties without prior written consent.
(c) Coach Information. Client agrees to keep confidential any Confidential Information, as defined in Section 7(a), shared by Coach in the rendering of these Services. Any Confidential Information shared by Coach, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Coach. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, online or otherwise. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Coach’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.
- Intellectual Property (IP)
(a) IP Ownership. Client agrees that the Community Program contain proprietary content (“Intellectual Property”) that is owned solely by Coach and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Coach retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Coach grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that they have no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Coach’s Intellectual Property (including any and all content) or that in any way violates Coach’s Intellectual Property, without Coach’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Coach. Client may not use such trademarks or service marks for any purpose except with written permission by Coach.
(b) No Resale of Coaching Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Community Program (including learning materials/resources), use of the Services, or access to the Services. This agreement is not transferrable or assignable without the Coach’s prior written consent.
(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Community Program, or any other third-party that Coach has not authorized access to. The client will be responsible for all incurred loss, cost, damage, or expenses arising out of or in connection with the unauthorized use of the Community Program materials, including all direct, indirect, or consequential loss, and will indemnify and hold the Coach harmless from all such unauthorized use of Program materials.
- Limitation of Liability
(a) Coach provides guidance as part of her Community Program. Client hereby acknowledges that the Coach is not and will not be liable or responsible for any actions/inactions or injuries that may arise from Client’s personal decisions based off of their participation in this Community Program, including but not limited to: a decision to leave a job, leave a relationship, change their living environment, a decision to invest in an opportunity, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless the Coach from and against any claims that may arise after participation in the Program; and hold harmless any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the Community Program.
(b) In no event shall Coach’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this Section 9 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Sections 7 and 8.
(d) Client understands that the information presented in the Community Program is not legal, financial, therapeutic, mental health, or medical advice. All of the information provided throughout the Community Program including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about health, and/or science-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Coach does not and will not provide any form of diagnosis.
If Coach or individual acting on behalf of Sonya within the Coaching Services is licensed in some professional manner (MD, RN, PA, LMFT, BCBA, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s).
- Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
(a) Neutral Construction: This Agreement was prepared by Coach. It is expressly understood and agreed that this Agreement shall not be construed against Coach merely because they were prepared by Coach or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both Parties.
(b) Changed Terms: Parties may amend this Agreement by mutual Agreement and in writing, signed and agreed to by both parties.
(c) Assignment: This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.
(a) Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
(b) All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
(c) Governing Law - Sonya MacCrimmon is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of Ontario.
(d) Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
Both parties understand that signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.