COACHING TERMS & CONDITIONS

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Last Updated October 30, 2024

We are thrilled to have you as part of our Coaching Program, and we can hardly wait to see the transformation that is about to take place!

It is important that we begin this relationship with a clear understanding of how we will work together to achieve your goals. Please review these Coaching Terms & Conditions (“Terms”) very carefully. By participating in our Coaching Program—whether in a group or private setting—you are agreeing to and acknowledging that you have been given reasonable access to review these terms prior to your participation. These Terms are binding as of the date you purchase or access our products and/or services. Of course, we are happy to clarify anything or answer any questions you may have.

 

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General Purpose. These Terms are between you (“Participant,” “Client,” “you,” “your”) and Routine Your Dream (“Coach,” “Company,” “we,” “us,” “our”) for the purpose of participating in the Coaching Program (the “Program”)—whether in a group or private setting—through the Company’s website at https://makingmore.memberup.com/ or any related domains or subdomains (the “Website”), video or audio conferencing platforms, communications platforms, telephone, or in person. The Coach and the Participant will collectively be referred to as “Parties,” and each individually as a “Party.” 

By clicking “Join Now,” “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or subscribing through the Website, or otherwise enrolling in the Program, you are agreeing to adhere to and be bound by following terms and conditions, together with our Privacy Policy, which are hereby incorporated by reference ( the "Terms"):

Scope of Services. Upon purchase of a Program, you will receive one of the following based on the program option selected:

  1. Group Coaching Program (the "Group Program"):
    • Access to Private Community: Participation in an online community for support and feedback.
    • Group Calls & Trainings: Regularly scheduled group coaching calls per semester (monthly).
    • Coworking Sessions: Optional drop-in coworking sessions for focused work.
    • Access to Training Modules: Self-paced access to all training materials and resources.
    • Recorded Sessions: Availability of recorded group calls and training sessions.
    • 1:1 Coaching Sessions: Personalized coaching sessions may be offered for program milestones.
    • Community Coaching: Feedback from a coach within the community platform.
  2. Private Coaching (the “Private Program”):
    • Chynell’s Signature Six-Figure Product Suite Protocol Curriculum.
    • 12 1:1 Coaching Calls with Coach: A private, 60-minute coaching call
    • Unlimited Asynchronous Private Coaching via Voxer: Direct access to Coach with a 24-hour response time, Monday-Friday.

For both programs, upon successful payment, you will gain access to the Program content through our digital platform. Specific details and schedules will be communicated through the community platform and/or via email. If there are changes or delays, we will notify members through the community platform or email in advance.

Access and Delivery of Services. Upon your successful payment, you will gain access to the Program content through our digital platform. The specific details of the services and digital content available to you are outlined on our website. Information regarding live calls, including schedules, any events, and access instructions, will be communicated through the community platform and/or via email. Please note, the delivery of certain live calls and content may be subject to specific schedules and availability. We will make every reasonable effort to adhere to advertised schedules. However, should there be any changes or delays, members will be notified in advance through the community platform and/or via email. 

Communications. Our primary means of communicating with you regarding this Program, including updates, changes, or any pertinent information, will be through our community platform, Zoom, and email. By joining our Program, you expressly consent to receive marketing communications and email communications from the Company. These communications may include information on new services, exclusive offers, and upcoming events that may be of interest to you. We are committed to delivering value in every communication and maintaining the relevance of our content to your interests. Should you decide to unsubscribe from our email communications, you may also be opting out of Membership email communications.

If you need additional support outside of our Coaching Sessions, we are happy to connect.  Separate 1-on-1 calls can be scheduled by contacting the Coach via email at [email protected].

Participant’s Responsibilities. In order to get the most out of the Program, you understand and agree that:

  1. Because Group Coaching Sessions require the participation of more than one client, sessions will begin on time, every time.  You should plan to join the Coaching Session at least five (5) minutes prior to the scheduled start time through the video conference link provided by us.
  2. Because Group Coaching Sessions involve other participants, they cannot be rescheduled.  If you are late for or miss a Coaching Session, we are unable to make up for the time missed.
  3. We may assign homework for you to complete prior to a Coaching Session.  Completing your homework in advance will greatly enhance your experience and participation during the Session.
  4. The use of AI personas or AI note taking apps on our calls or in conjunction with our Program content is strictly prohibited.

Coach’s Responsibilities. We are fully committed to supporting you on your journey through our Program.  We promise to conduct ourselves professionally and ethically in accordance with reasonable industry standards.  

Scope of Program Subject to Change. Our Program, these services and our content are subject to periodic updates and enhancements. We reserve the right to add, modify, or discontinue any part of the Program without prior notice, but with a commitment to providing value to our clients.

Fees, Payments, and Promotions. The Program fees are the amounts listed on the Company’s website at the time of your purchase. By joining a program, you authorize us to charge the Authorized Payment Method on file for the full program fees and/or payment plans as per your chosen billing cycle (monthly, quarterly, annually).

Failed Payment Attempts. If an attempt to charge your Authorized Payment Method is unsuccessful, we will make additional attempts 2 days apart. After failed attempts, your Program access may be suspended or canceled, and you'll be notified to resolve payment issues within 10 days.

Collection of Unpaid Fees Accounts with unpaid fees for thirty (30) days post suspension may be referred to a collections agency.

Promotions, Discounts, and Bonuses. From time to time, the Company may offer promotions, discounts, or bonuses to new or existing customers. These offers are subject to availability and may change at our discretion. Current clients are not automatically eligible for promotional offers made after their purchase but may access specific promotions as detailed in the offer terms. We reserve the right to modify or discontinue any promotions at any time.

Refund Policy. Due to the instant nature of digital content delivery and the irreversible access to our content, as well as the limited-spaces in our Program, we maintain a no-refund policy for all purchases and coaching programs. 

Updating Payment Information. Ensure your payment information remains up-to-date to prevent service interruptions. We may adjust your billing cycle or payment plan to align with our current offerings for failed payments.

Term of Program. Your Program with the Company begins upon the initial payment and is established under a recurring billing cycle (e.g., monthly, quarterly, annually) if a payment plan has been selected by you at checkout. This Agreement is active and remains in effect until terminated in accordance with the specified cancellation and termination policies in these Terms.

Termination Policies. We reserve the right to terminate your Program for reasons including, but not limited to, violation of these Terms and Conditions, failure to pay fees or meet payment plans, or any action detrimental to the Company or our community. Client will receive notification of such termination via email. 

Post-Termination Access. Upon termination, your access to the Company's Program content, including digital products and community platforms, will be revoked. 

License Grant and Intellectual Property Rights. The Client is granted a limited, non-transferable, non-exclusive, revocable license for personal use only. This license authorizes the Client to participate in the Program and to utilize any provided instructional or educational materials, templates, or customizable materials ("Materials") solely for the Client's personal and non-commercial benefit.

The Client may download, print, or use the Materials for personal, non-commercial purposes, ensuring all copyright, trademark notices, and original formatting remain intact. Should any templates or customizable materials be provided, the Client is permitted to modify these for personal use or within their own business operations, in accordance with the Terms. However, it is strictly prohibited for the Client to reproduce, distribute, publicly perform, display, sell, lease, or otherwise make the Materials available to third parties.

The Intellectual Property Rights in the Coaching Program and all Materials provided remain with us. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights. The rights granted to the Client are limited to those expressly outlined in these Terms, and all other rights are reserved by the Coach.

The Client acknowledges that the Coaching Program and Materials contain proprietary information and intellectual property that is owned by the Coach and protected by applicable intellectual property laws. Unauthorized use, duplication, or distribution of the Program or Materials, except as expressly allowed under these Terms, is prohibited and may result in legal action.

Working Relationship. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

 

Competitive Engagements. These Terms acknowledge the right of the Coach to engage with and provide coaching services to other clients, including those considered direct competitors of the Client. The Client agrees that:

  1. The coaching relationship established by these Terms is non-exclusive.
  2. The Coach may offer services to any other clients during the term of this Program.
  3. The Coach's work with other clients, even in competitive or similar markets, does not constitute a breach of these Terms.

The Client understands that the Coach is committed to delivering high-quality services as outlined in these Terms and trusts the Coach to manage their professional engagements in a manner that respects the professional ethics and confidentiality obligations inherent to coaching.

Confidentiality. The Parties agree not to disclose, reveal or utilize any confidential information acquired during discussions, coaching sessions, calls, emails, or other forms of communication.

"Confidential Information" encompasses financial data, business strategies, exercises, methodologies learned by the Client through interaction with the Coach, future plans or outlines for programs or packages, content in documents or any original work created by the Coach, along with any and all intellectual property.

However, the Client hereby grants the Coach permission to share the Client's results and achievements related to the Program anonymously for marketing or educational purposes, ensuring no personal or identifying information is disclosed.

Furthermore, the Client agrees not to disclose, teach, or otherwise make available the methods, frameworks, strategies, or any proprietary information learned through the Program to any third party. This restriction is designed to protect the intellectual property and unique methodologies of the Coach.

In the event of unauthorized disclosure of Confidential Information by the Client, the Coach reserves the right to take additional actions up to and including legal proceedings.

It is important to note that the confidentiality of the coach-client relationship is not legally privileged or otherwise protected from court orders demanding disclosure of information. The Coach will inform the Client of any legal requests for information that involve the Client’s data before complying, though opposing such requests may not always be possible.

Exceptions to "Confidential Information" include data (a) already known to the Coach prior to disclosure by the Client; (b) that is publicly known or becomes publicly known through no fault of the Coach; (c) received from a third party without breach of confidentiality towards the Client; or (d) independently developed by the Coach without reference to the Client’s confidential information.

Privacy and Group Communications. We respect your privacy and are committed to protecting it.  We may use certain information that we collect from you to operate Routine Your Dream and provide our Program.  Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of the Program through the Website and how we use your Data.

It’s imperative to respect the privacy and confidentiality of fellow clients by refraining from disclosing, sharing, or distributing their information outside the community without explicit consent. Exercise caution and respect when handling any personal information or content shared within our community, including but not limited to names, contact details, and personal stories.

Unauthorized reproduction, sharing, or distribution of any client’s personal information or contributions outside the Company’s community is strictly prohibited. Maintain a respectful and secure environment by ensuring your contributions do not infringe on the privacy or rights of other clients.

We value your privacy, but cannot guarantee that information shared within group settings will remain private. By sharing information in these spaces, you understand the risk that it could become public through various means.

Consent to Use Client Testimonials and Submissions. By participating in the Program and providing feedback, testimonials, wins, images, comments, or any other forms of endorsement or submission ("Submissions") on any platform, including but not limited to, social media, online reviews, or directly to us, you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, transferable license to use, reproduce, distribute, display, perform, and create derivative works from your Submissions. This includes the use of your name, photograph, likeness, and any publicly disclosed information associated with your Submissions. We may utilize this content in our Website, marketing materials, promotional guides, and across various media platforms not explicitly outlined in these Terms for the purpose of promoting and providing visibility to our services.

You affirm that you have the right to grant such a license for the content you submit and that the use of your Submissions by us will not infringe or violate the rights of any third party. This consent is provided voluntarily, with the understanding that it enables us to effectively showcase the real-world experiences and successes of our clients, thereby enhancing the credibility and visibility of our services.

Disclaimer. Coaching services, including those rendered in the Programs, are a professional relationship in which we work with a number of clients, facilitating discussions around goal setting, identifying possible areas of improvement, sharing experiences, and providing a forum for gaining clarity in working toward improvement in those areas.

While the Program may address or uncover certain roadblocks that are impeding the Participant’s progress toward achieving your goals, under no circumstances will the Coach provide therapy nor give psychological, medical, financial, legal, or other advice that may require specialized training and/or licensure.  As such, we will not be responsible for any damages that result from your participation in the Program.

The Coaching services provided under these Terms do not constitute and shall not be construed as professional mental health care, medical advice, financial advisory, or legal consultancy. If such issues arise or are evident, the Client may be referred to a qualified professional in that area. The Coach assumes no responsibility for decisions made by the Client and any outcomes resulting directly or indirectly from the Coaching process.

No Warranties or Guarantees. The Coaching Program and all associated materials, including content on our Website, are provided on an "As-Is" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of performance, merchantability, and fitness for a particular purpose. While we strive for excellence and relevance in our services, we make no warranties concerning the potential impact, accuracy, or outcomes of the coaching sessions or program materials.

The Client acknowledges that participation in the coaching program involves personal effort and commitment and that individual results will vary. No specific outcomes, financial gains, or professional advancements are guaranteed. The Client assumes full responsibility for the application of any insights, strategies, or actions taken as a result of the coaching process.

Age Limitations. By engaging with the Company through payment submission, enrollment, or any form of participation on our website, you confirm that you are of legal age in your jurisdiction to enter into these Terms and to purchase our products. You represent that you are fully able and competent to meet the obligations stipulated in these Terms of Purchase, and acknowledge that we rely on this representation in offering you access to our products and services.

Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you.  Your continued participation in the Program and use of our services after we have updated the Terms indicates your acceptance and agreement to the changes.

Accuracy of Information. We are committed to providing our members with accurate and up-to-date information across our website, including details on our products, services, and promotions. We regularly review and update our site content to ensure reliability.

Despite our best efforts, there may be occasions where information on the website contains inaccuracies or may not be current. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted. These corrections may relate to product descriptions, pricing, promotions, and availability.

We understand the importance of accurate information in making informed purchasing decisions, and we are dedicated to providing transparent and prompt updates should any information change.

Termination of Use. We may terminate your account or restrict your use of the Website and/or participation in the Program at any time for any reason.  Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The Coach may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Participant.

Limitation of Liability. IN NO EVENT SHALL COACH BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

The Company is not liable for actions of any client that breach privacy or confidentiality through community interactions. We cannot monitor every communication but will enforce community guidelines to support a safe environment.

You are responsible for the content you share and for respecting others’ privacy. We encourage judicious sharing of personal or sensitive information. While we commit to reasonable security measures and guidelines to protect privacy, the Company is not liable for unauthorized disclosures arising from client interactions. 

Please report any privacy breaches or misconduct. We are committed to addressing issues in line with our community standards.

Failure to adhere to these privacy and confidentiality expectations may result in immediate suspension or termination of your membership, at the Company's sole  discretion. We reserve the right to take appropriate action to protect the integrity of our community and the privacy of its clients.

Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Program.

Binding Arbitration Agreement & Collections Proceeding Exception. Should any dispute arise between the Parties  regarding these Terms, services, or any related activities that cannot be resolved through direct communication and negotiation, both parties agree to submit the dispute to binding arbitration. This arbitration will be conducted in accordance with the rules established by the American Arbitration Association, ensuring a fair and impartial resolution.

All decisions made by the arbitrator will be final and binding on both parties, and the arbitration process will be held in Charlotte, North Carolina, ensuring accessibility and relevance to the company's operations. Should it become necessary to relocate the arbitration due to unforeseen circumstances, the Company reserves the right to select an alternative venue. The Parties agree to equally share the costs associated with the arbitration process.

Notwithstanding the foregoing, the Company reserves the right to pursue collections of unpaid fees through judicial proceedings, including small claims court, rather than arbitration.

Choice of Law. These Terms, including its formulation, execution, and effect, shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Where conflicting laws arise, the laws of North Carolina shall prevail, providing a single point of legal reference to govern the agreement.

Notices. To ensure effective communication, the Company utilizes the following methods for sending and receiving notices:

  • Email Notices: For direct communication, including billing changes, payment plan updates, and general service announcements, the Company will send notices to the email address associated with your account. These notices are considered effective when received. For routine inquiries, including questions about the Program, billing adjustments, or other requests, you may contact the Company via email at [email protected]. 
  • Website Notices: The Company reserves the right to post updates or changes to Program offerings, company policies, and other significant announcements on our website. Such notices become effective at the time of posting and are accessible to all members.
  • Formal Legal Notices: For formal legal communications, including but not limited to legal proceedings or official disputes, notices must be sent to Routine Your Dream via certified mail at the following address:

  • Routine Your Dream
    ​​277 Carolina Commons Drive
  • Suite 600-379 
  • Indian Land, South Carolina 29707
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  • Notices of this nature are deemed effective upon the Company's actual receipt of the mail, ensuring that legal communications are documented and responded to with the appropriate level of diligence and formality

Force Majeure. In our commitment to providing uninterrupted access to our online Program, we recognize that certain events beyond our control may occasionally disrupt our services. These events, known as force majeure events, absolve us from liability for any service interruptions or delays they may cause.

Relevant force majeure events include, but are not limited to: widespread internet outages or significant disruptions; cybersecurity incidents, including hacking, viruses, and other malicious software attacks that impact our ability to deliver services; governmental restrictions or actions, including lockdowns, that affect digital operations or access; supplier or partner disruptions that affect the availability of digital content or services, severe natural events, disasters, pandemics, war, Acts of God, unanticipated regulatory changes affecting the digital content, e-commerce, or online education sectors.

Should such an event occur, we will: promptly notify our members of the situation and its expected impact on our services; take all reasonable measures to restore access and service quality as swiftly as possible; and, adjust our policies or offerings temporarily, if necessary, to mitigate the impact on our members

Severability + No Waiver. Should any part of these Terms be deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The failure of the Coach to enforce any rights or provisions of these Terms shall not constitute a waiver of such rights or provisions unless acknowledged and agreed to by the Coach in writing.

Transfer + Assignment. Neither party may transfer or assign their rights or obligations under these Terms to any third party without the express written consent of the other party.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

 

Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of the Program and the use of the Website. The Coach reserves any and all rights not expressly granted in these Terms.

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