WITH ENTHUSIASM SERVICES
10X Your Success Services
All Coaching Memberships include access and/or admittance to the following, based on your program:
- Bi-monthly mastermind coaching calls with Coach Keren (12 total in the program) 1.5 hours per call.
- 2 private 30-minute coaching/business planning sessions with Coach Keren to book and use at your discretion throughout this period together.
- A private Slack channel
- All With Enthusiasm Learning materials, including those from the following programs: Live with Enthusiasm, Lead with Enthusiasm, Enterprise with Enthusiasm and Inspire with Enthusiasm - and other programs as they may be replaced from time to time
- Any limited bonuses offered at purchasing
Payment and Pricing
- In consideration of the Services provided, you agree to the Fee delineated in your contract and invoice.
- This amount is fully owed and payable to With Enthusiasm upon registration.
- From time to time, With Enthusiasm may offer a financing option to certain clients.
- Such financing is subject to the terms and conditions set forth below.
- Additional payment terms are set forth below.
Scheduling/ Rescheduling
Group Coaching/Training/Community Calls
1. Schedule of the calls are announced at the start of the program
2. You are responsible for your participation in the program. If you are unable to attend any of the group coaching /training/community calls, you may refer to the recording.
3. Timeliness. Because group sessions have more than one group coaching client present, sessions will begin on time, every time. Client is therefore advised to join the Group Coaching Sessions at least 5 minutes prior to the scheduled time by using the video conference link supplied by Coach prior to the meeting.
Rescheduling 1:1 coaching calls are subject to the following provisions:
- Per your purchase, you may be eligible for one 1:1 call per week or per month.
If you do not schedule a call in any given month/quarter, that month’s/quarter’s call will expire on the last day of that month.
- Any rescheduled coaching call must be rescheduled for a date within 30 days of the originally scheduled date or it will expire.
- Rescheduling a 1:1 call from one month/quarter to the following month/quarter will not impact your obligation to use or lose the latter month's/quarter’s 1:1 call. For example, if you reschedule May’s 1:1 call in June, you must still schedule June’s 1:1 call in June or it will be forfeited.
- Rescheduling or canceling a 1:1 coach call within 48 hours of the scheduled call will result in a forfeiture of that call.
- If you have more than 4 rescheduled sessions within a three-month timespan, it will result in a review of your account standing with Coach Keren, and may result in forfeiture of your remaining calls.
- You will be given a courtesy 10 minutes after the scheduled start time to attend your 1:1 call. If you do not arrive on the call, the Coach will label the call as a no-show and you forfeit the call.
- THERE WILL BE NO REFUNDS FOR FORFEITED OR CANCELED CALLS.
GENERAL PROGRAM TERMS
1. Unless otherwise indicated, you may only access the Program Services while you are a current and paying member of the given Program.
2. With Enthusiasm Coaching only has the power to provide access to its services and opportunities to participate. If User fails to attend, utilize, or access the Services, User remains responsible for all payments incurred by User’s program.
3. With Enthusiasm Coaching may alter or substitute non-material details to a Program from time to time pursuant to its own discretion. Such alterations may include minor subject matter and personnel modifications.
Additional Events
1. Additional terms and conditions may apply to purchases of other specific Services or Programs we offer, including seminars, events, retreats or other similar occasions, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific Service, the latter terms shall control with respect to your use of that Service.
2. We may make changes to a Service offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.
3. The following terms also govern and apply to your use of the Site and Services, and they are incorporated in your contract
4. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site. By accessing the Site and/or using the Services, You agree that You have read and agree to abide by these additional terms.
Client Responsibilities
You are a grown up with personal agency.
Further, you are entering a shame and judgment free zone. We do not tolerate demeaning, bullying, racist, misogynistic or disrespectful behavior of any kind.
You understand that your failure to meet the requirements set forth in this section and inability to comply with our value based rules will likely impair your ability to access, participate, and benefit from the Program(s) at no fault of With Enthusiasm Coaching.
1. Tools to be Provided by You. You understand and agree that your participation in the Program(s) will require you to have access to certain tools, including access to the internet, a computer, and cellular device. You further understand that you may be required to provide information and documentation to With Enthusiasm Coaching that may be required by us to effectively perform responsibilities in connection with the Services.
2. Technological Skills. You understand and agree that With Enthusiasm Coaching is a modern institution and that basic technological aptitude is necessary to interact with the Company and to access and participate in the Program(s). Such aptitude includes the ability to access the internet, download documents, access and navigate social media and email, and access and navigate remote communication platforms.
3. Participation Effort. You understand that your success in the program is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service and make considerable efforts toward your own personal and professional development on your own time during the term of Services. You are responsible for requesting support from us if needed.
General Payment Terms
- Payment Date. All programs are paid for in advance, unless a payment plan has been approved by With Enthusiasm Coaching.
- Late payment fee. If any fee outlined in this Agreement remains unpaid after the third calendar day following its due date, With Enthusiasm Coaching reserves the right to assess a penalty fee of ten percent (10%) of the payment due at its own discretion. We reserve the right to restrict your access to the Services or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 30 days after the initial due date, your account will be referred to our collections agency.
- Payment Security and Chargebacks. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
Auto Renewal; Cancellation; and Refunds
1. NO REFUNDS. With Enthusiasm Coaching will issue NO REFUNDS under any circumstances for your cancellation of your ongoing subscriptions in a Program. You may elect to cease participation in the Program(s) and/or cancel your subscription; however, please note that if you selected to pay for a Program through an installment payment plan, you will remain obligated to pay all remaining unpaid and owed program fees in full.
2. Cancellation of Monthly Subscription. For month-to-month subscriptions, you may cancel future monthly memberships for any reason with 15 calendar days' notice prior to the billing for the next membership period. If you fail to provide 15 days’ notice, your request may not be received and/or processed prior to the next membership period and you may be charged for this period. Such charge will not be refundable, but you will retain access to the Program through the purchased month.
3. With Enthusiasm Coaching Initiated Cancellation. With Enthusiasm Coaching may cancel your Program membership at any time for any reason by providing written notice to you. In the event that we cancel your membership, we will provide a prorated refund of program fees to be calculated based on the time left in the program. Notwithstanding our obligation to refund prorated program fees in the event of our cancellation of your membership, no other partial or full refunds will be given to Client for any reason on any date. Neither Client’s cancellation, nor Client’s failure to effectively participate in the program, are grounds for a refund.
PLEASE NOTE THAT With Enthusiasm’s CANCELLATION OF THE PROGRAM DUE TO UNFORESEEN CIRCUMSTANCES WILL BE HANDLED PURSUANT TO THE FORCE MAJEURE CLAUSE AND NOT PURSUANT TO THIS SECTION. With Enthusiasm Coaching WILL NOT ISSUE A REFUND FOR A FORCE MAJEURE EVENT.
No Discrimination
The With Enthusiasm team is a diverse group. We welcome diversity always.
Photo and Video Release
By participating in any Program, you understand that portions of such program may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. You agree that the Company and its assigns have the right and permission to use such recordings and photographs for any purpose without further compensation, permission, or notification to You.
In-Person Events
1. Unless expressly stated otherwise in the registration for the specific Program, all Programs must be attended in person and will not be livestreamed. You are required to make your own travel arrangements to the events and must comply with the Company’s Covid-19 Policy.
2. We reserve the right to request certain documentation from you for in-person Programs, including the following:
- Proof of travel insurance;
- A copy of your airline ticket; and
- Emergency contact and medical information.
- YOU UNDERSTAND THAT THE COMPANY RESERVES THE RIGHT TO CANCEL YOUR PARTICIPATION IN A PROGRAM IF YOU FAIL TO COMPLY WITH THIS REQUEST.
Program Alterations
Company reserves the right to make reasonable alterations to a Program. Such alterations may include but are not limited to: replacing activities as necessary to maintain the safety of participants and the integrity of the select Program experience. You understand that the schedules, itineraries, amenities or element of an in-person Program may be subject to alteration without prior notice due to local circumstances, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather, and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
Term
The term of this Agreement shall begin on the date of first payment for the Services and continue until you or we terminate your program.
No Guarantees
We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 2 and 3 shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.
Confidentiality
(a) Client Information: Any of your 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 (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing you with the services specified hereunder without your 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 Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.
(b) Other Participant Information: Client agrees to keep confidential any Confidential Information, as defined in Paragraph 13(a), shared by fellow participants in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the What’s App/ Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ 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.
(c) Company Information: Client agrees to keep confidential any Confidential Information, as defined in Paragraph 13(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the What’s App/ Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’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.
(e) Violations of Confidentiality: Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
Ownership of Intellectual Property
Client agrees that the Program contains proprietary content that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws (“Intellectual Property”). Company retains the sole right to use, reproduce, and distribute Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has 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 Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.
Representations and Warranties
(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, THE COMPANY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL COMPANY’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 FOREGOING LIMITATIONS IN THIS SECTION 18 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER.
(d) CLIENT WAIVES, RELEASES, AND DISCHARGES THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, FROM ANY LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE PERSONS RELEASED, FOR ANY DEATH, DISABILITY, ILLNESS, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY LOSS, OR ACTIONS OF ANY KIND WHICH MAY OCCUR TO CLIENT DURING A PROGRAM. CLIENT INDEMNIFIES, HOLDS HARMLESS, AND PROMISES NOT TO SUE THE COMPANY OR RELEASED PERSONS FROM ALL LIABILITIES OR CLAIMS MADE BECAUSE OF PARTICIPATION IN A PROGRAM, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE.
(e) CLIENT ATTESTS THAT HE OR SHE IS VOLUNTARILY PARTICIPATING IN ALL THE ACTIVITIES WHICH MAY BE INVOLVED IN AND RELATED TO A PROGRAM. CLIENT FURTHER ACKNOWLEDGES THAT THE SERVICES PROVIDED AT A PROGRAM, AS WELL AS CERTAIN OPTIONAL ACTIVITIES OFFERED BY ASSOCIATED VENUES, MAY BE INHERENTLY DANGEROUS OR CARRY SOME INHERENT RISK, INCLUDING BUT NOT LIMITED TO YOGA SESSION, HIKING, WATER SPORTS, ADVENTURE ACTIVITIES, AND OTHER PHYSICAL ACTIVITIES. THESE ACTIVITIES CAN BE STRENUOUS AND MANY OCCUR IN THE NATURAL ENVIRONMENT AMONG WHICH EXPOSES YOU TO NATURALLY OCCURRING HAZARDS. YOU REPRESENT THAT YOU HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH ABILITY, AND EXPERIENCE TO PARTICIPATE IN ANY PROGRAM ACTIVITY AND WILL NOT PARTICIPATE IN ANY ACTIVITY WHERE YOU DO NOT BELIEVE YOURSELF TO HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH, ABILITY, AND EXPERIENCE TO SAFELY PARTICIPATE.
YOU UNDERSTAND THAT, WHILE REASONABLE PRECAUTIONS HAVE BEEN TAKEN TO PROMOTE SAFETY, NOT EVERY SITUATION CAN BE CONTROLLED. THEREFORE, YOU EXPRESSLY ASSUME ANY AND ALL OF THE RISKS OF PARTICIPATING IN A PROGRAM AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE COMPANY OR ANY PARTY OR ENTITY CONDUCTING A SPECIFIC EVENT OR ACTIVITY ON BEHALF OF COMPANY AND RELEASE THOSE PARTIES FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF YOUR ATTENDANCE AND PARTICIPATION IN A PROGRAM. UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR YOUR INJURY, ILLNESS, DEATH, OR ANY LOSS OR DAMAGE TO YOUR PERSONAL BELONGINGS RESULTING FROM YOUR PARTICIPATION IN A PROGRAM.
(f) SHOULD YOU REQUIRE EMERGENCY MEDICAL TREATMENT AS A RESULT OF AN ACCIDENT OR ILLNESS ARISING DURING YOUR ATTENDANCE AND PARTICIPATION IN A PROGRAM, YOU CONSENT TO SUCH TREATMENT AND AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY MEDICAL OR LEGAL BILLS THAT MAY BE INCURRED AS A RESULT OF EMERGENCY MEDICAL TREATMENT. YOU AGREE THAT IF YOU HAVE ANY MEDICAL OR PSYCHOLOGICAL CONDITIONS THAT MAY HAMPER YOU FROM FULLY AND HEALTHFULLY PARTICIPATING IN A PROGRAM ACTIVITY COMPANY RETAINS THE RIGHT TO ASK THAT YOU NOT PARTICIPATE IN SUCH ACTIVITY AND WILL HAVE NO OBLIGATION TO MAKE AND FULL OR PARTIAL REFUND FOR THE PROGRAM.
(g) YOU UNDERSTAND THAT FROM TIME TO TIME, THE COMPANY MAY PARTNER WITH A THIRD PARTY TO PERFORM THE SERVICES AND CONDUCT CERTAIN PROGRAMS. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO YOU FOR ANY HARM TO YOU OR YOUR PROPERTY AS A RESULT OF THE CONDUCT OF SUCH THIRD-PARTY.
Entire Agreement; Waiver
These Terms constitute the entire agreement between the parties pertaining to the subject matter contained and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Neutral Construction
These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
Amendment
We reserve the right to update or amend any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. It is your responsibility to check these Terms periodically for changes.
Assignment
These Terms and Conditions shall be binding on, and shall inure to the benefit of, 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 these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.
Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Travis County, Texas. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation, which may include going before a certified mediator or the parties are unable to first negotiate a settlement without such assistance. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Force Majeure
We shall not be liable for any costs or damages due to any delay or nonperformance of an obligation under this Agreement arising out of extraordinary events beyond our control, including acts of God, natural disaster, war, governmental action, outbreak or pandemic, civil unrest, gas, oil, or fuel shortage, or power failure.
Questions about these Terms and Conditions? Email us Keren@KerenEldad.com or Lee@KerenEldad.com
Updated: July 30, 2024