TERMS OF SERVICE
Last Updated: August 8, 2022
The following Terms of Service are entered into between You (the “Client”) and Angela Vorpahl LLC (“Company”, “we”, or “us”), collectively “the Parties”.
Angela Vorpahl LLC (herein referred to as “Company”) agrees to provide the 2L/3L Power Group coaching program (herein referred to as the “Program”). As a condition of purchasing and participating in the Program, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.
1.0 TERM AND TERMINATION: This Agreement takes effect immediately as of the Effective Date, and it remains in full force and effect until the Parties complete the six-week program. Client may request to end participation in the program, but Client remains responsible for any outstanding payments that have not yet been made at the time of Client’s request to stop participation.
2.0 PROGRAM DETAILS: During the Term, the Coach will provide the 2L/3L Power Group coaching program (the "Program"). The program includes:
Time period. The 2L/3L Power Group is a six week commitment.
Coaching schedule. Coach will schedule online calls once a week for six weeks (up to 2 hours in length). Each participant can submit questions ahead of time or live during the call, and will have the opportunity to observe the other participants being coached during the coaching time as well.
Group calls. Client understands that these calls will depend on your timely participation in the calls, but your or any other participant’s inability or decision not to participate in a call will not result in a rescheduling of that call. Client understands their inability to attend a Group Call is no fault of Coach, and does not affect the Program or what is to be delivered. Client agrees to show basic etiquette for other participants and for Coach’s time and should not interrupt or monopolize the conversation. Client agrees not to share any confidential information learned from the call, including information learned from Coach or from other participants.
Course Access. Coach shall make available access to Law School Master Plan Course Area, which may include various types of content, including video, audio, written lessons, templates, worksheets, checklists, slide decks, and other training and support materials. You shall have access to this Course Area for as long as the Course Area exists. In the event that Company intends to close the Course Area, it shall provide you with a 30-day notice and the ability to download the resources contained in the Course Area, which is what is referred to as “Lifetime Access” in any marketing material.
3.0 PAYMENT DETAILS: In consideration of your access to the Program, you agree to pay a single payment of $1,497 due immediately or installment payments at an increased rate as agreed to between the Parties. If Client has opted for installment payments and those payments are not made on time, Client agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Coach reserves the right to cancel or cease working with Client should they fail to make additional payments in accordance with the installment payments as agreed upon at the beginning of the Program. Should this occur, Client understands they are not entitled to a refund of funds already issued to Coach in exchange for work completed thus far.
3.1. Refund Policy. Coach is not able to offer refunds once Client has purchased the Program. Client understands this provision, and agrees that they are not entitled to a refund once the first (or full) payment has been issued to Coach. Client further agrees and understands that changing their mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results they expected or desired, or experiencing any other similar situations does not entitle them to a refund.
4.0 CLIENT OBLIGATIONS: Coach’s ability to perform its obligations under this Agreement is dependent on Client fulfilling his or her obligations.
4.1. Participation. Client is solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, Client agrees that Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. Client understands that successful coaching requires a cooperative and jointly-active approach between Client and Coach. In the coaching relationship, Coach assists or facilitates awareness and accountability regarding Client’s changes, but it is the Client's responsibility to enact change.
4.2. Communication. If Client believes the Program is not working as desired, Client will communicate this with Coach as soon as possible to give Coach the opportunity to restructure the coaching strategy to address Client’s desired outcome. Client acknowledges that coaching is a comprehensive process that may involve different areas of his/her life, including work, finances, health, relationships, education, and recreation. Client agrees that deciding how to handle these issues, incorporate coaching principles into these areas, and implement choices is exclusively Client’s responsibility.
4.3. Prior History. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders (including those as defined by the American Psychiatric Association) and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, or other qualified professionals and that it is Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by Client and Coach.
5.0. DISCLAIMERS:
5.1. Coach is not an employee or agent, and is not performing services as a lawyer, doctor, registered dietician, business manager, financial analyst, accountant, public relations manager, therapist, or psychotherapist. Client understands that Coach has not promised, shall not be obligated to, and will not (1) provide any legal services, including but not limited to offering legal advice for your factual situation, and nothing in this transaction, document, or participation in the Course establishes an attorney-client relationship; (2) act as a medical professional, including but not limited to diagnosing or treating any illnesses or disease; (3) perform any business management functions including but not limited to procuring or attempting to procure employment or business or sales for Client, or introducing Client to Consultant’s network of contacts, media partners, or business partners; (4) act as a financial analyst or accounting professional, including but not limited to services related to accounting, tax, or investment consulting, or advice with respect thereto; (5) perform any public relations functions including but not limited to acting as a publicist to procure any publicity, interviews, write-ups, features, television, print, or digital media exposure for Client; (6) act as a therapist or psychotherapist providing psychoanalysis, psychological counseling, or behavioral therapy; or (7) promise any set of results from the Services. Client understands that a relationship does not exist between the Parties after the conclusion of the Services. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.
5.2. You agree and understand that Coach cannot guarantee any specific results, outcomes, or changes to your current situation, and will hold Coach harmless if you do not experience the desired results. You agree and understand that you are entering into this agreement voluntarily and of your own free will, and readily understand that you may or may not experience results desired, or acheived by other clients of Coach.
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, the individual ideas and techniques mentioned, your finances, knowledge, and various skills, and time commitment. Since these factors differ widely according to individuals, Coach cannot guarantee your success or results. Client agrees that they do not have a cause of action, legal remedy, and is not entitled to a refund should they not achieve the results desired following completion of their work with Coach.
6.0 LIABILITY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, COACH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES NEGOTIATED, AGREED UPON AND RENDERED. IN NO EVENT SHALL COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT CLIENT MAY INCUR, COACH’S ENTIRE LIABILITY UNDER THIS AGREEMENT, AND CLIENT’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT TO COACH UNDER THIS AGREEMENT FOR ALL SERVICES RENDERED THROUGH AND INCLUDING THE TERMINATION DATE.
7.0. INDEMNIFICATION: CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COACH, COACH’S OFFICERS, EMPLOYERS, EMPLOYEES, CONTRACTORS, DIRECTORS, RELATED ENTITIES, TRUSTEES, AFFILIATES, AND SUCCESSORS FROM AND AGAINST ANY AND ALL LIABILITIES AND EXPENSE WHATSOEVER – INCLUDING WITHOUT LIMITATION, CLAIMS, DAMAGES, JUDGMENTS, AWARDS, SETTLEMENTS, INVESTIGATIONS, COSTS, ATTORNEYS’ FEES, AND DISBURSEMENTS – WHICH ANY OF THEM MAY INCUR OR BECOME OBLIGATED TO PAY ARISING OUT OF OR RESULTING FROM THE OFFERING FOR SALE, THE SALE AND/OR USE OF THE PRODUCT(S) OR SERVICE(S), EXCLUDING, HOWEVER, ANY SUCH EXPENSES AND LIABILITIES WHICH MAY RESULT FROM A BREACH OF THIS AGREEMENT OR SOLE NEGLIGENCE OR WILLFUL MISCONDUCT BY COACH, OR ANY OF ITS SHAREHOLDERS, TRUSTEES, AFFILIATES OR SUCCESSORS. CLIENT SHALL DEFEND COACH IN ANY LEGAL ACTIONS, REGULATORY ACTIONS, OR THE LIKE ARISING FROM OR RELATED TO THIS AGREEMENT. CLIENT RECOGNIZES AND AGREES THAT ALL OF THE COACH’S SHAREHOLDERS, TRUSTEES, AFFILIATES AND SUCCESSORS SHALL NOT BE HELD PERSONALLY RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR REPRESENTATIONS OF COACH. IN CONSIDERATION OF AND AS PART OF CLIENT’S PAYMENT FOR THE RIGHT TO PARTICIPATE IN COACH’S SERVICES OR PROGRAMS, THE UNDERSIGNED, UNDERSIGNED’S HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE COACH AND ITS SUBSIDIARIES, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS AND ANY OF THE TRAINING INSTRUCTORS, GUIDES, STAFF, OR STUDENTS TAKING PART IN THE TRAINING IN ANY WAY AS WELL AS THE VENUE WHERE THE PROGRAMS ARE BEING HELD (IF APPLICABLE) AND ANY OF ITS OWNERS, EXECUTIVES, AGENTS, OR STAFF (HEREINAFTER “RELEASES”) OF AND FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS, AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN A EQUITY ARISING FROM CLIENT’S PARTICIPATION IN THE SERVICES OR PROGRAMS.
8.0 CONFIDENTIAL INFORMATION:
Coach respects your privacy and will not disclose any information you provide except as set forth in this Agreement and in the incorporated Privacy Policy. As a condition of participating in the Course, you hereby agree to respect the privacy of other program participants and to respect Coach’s and other program participants’ confidential information.
Specifically, you shall not share any information provided by other program participants outside of the bounds of the program, in any format, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Course contains the Coach’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided in the Course with anyone other than Coach, its owners and employees, and other program participants.
9.0. NO TRANSFER OF INTELLECTUAL PROPERTY: Any content or materials provided by Coach is copyrighted and are for Client’s individual use only as a single-user licensee. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of Coach. No license to sell or distribute Coach’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Coach is confidential and proprietary, and belongs solely and exclusively to Coach, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Coach. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
10.0 TERMINATION: Client agrees that Coach may at her sole discretion, terminate this Agreement and limit, suspend, or terminate Client’s participation and/or access to the Course at any time without refund if Client becomes disruptive to Coach or other participants, Client fails to follow guidelines, Client is difficult to work with, Client impairs the participation of the other participants, or upon violation of the terms as determined by the Coach.
11.0 ENTIRE AGREEMENT: This document reflects the entire agreement between Coach and Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both Coach and Client.
12.0 DISPUTE RESOLUTION: You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Agreement, Coach, and any and all of Coach’s products and services. To the extent that you attempt to assert any claim over the small claims jurisdictional limit, you hereby expressly agree to present such claim only through binding arbitration to occur in Austin, Texas. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Coach. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
13.0 SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14.0 WAIVER: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
15.0 APPLICABLE LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Texas without giving effect to any conflicts of laws provisions.
16.0 BINDING EFFECT: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
17.0 HEADINGS: Headings in this Agreement are for convenience only and do not confer rights or obligations, nor alter any terms of this Agreement.
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact angela@angelavorpahl.com.
© Angela Vorpahl LLC 2022