When choosing this payment plan please note that the cost of the course is $1297. If you pay in full, you receive a $300 discount ($997).
Terms of Service
By participating in the Unleashed coaching program (“the Program”), signing this Unleashed Agreement (this “Agreement”), submitting partial or full payment, or accessing the Program Member Site (“Site”) you are agreeing to the below terms.
Please read this Agreement carefully before accessing or using The Nancy Ruffin Success Academy (the “Company” or “Us” or “We”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Program.
This Agreement is entered into and effective as of the date of purchase.
In consideration of Client retaining Company to perform coaching services, it is agreed as follows:
1. Scope of Services
(a) Program membership includes the following services:
• Access to the learning/course materials created by Company
• Group coaching calls
• Access to and support of Company with fellow Program members via a private community group
• Communication with Company and its representatives via e-mail and the private community group
• Feedback on your work provided by Company, when delivered in accordance with the feedback system created and communicated by Company
The Program membership services outlined above are referred to as the “Services” or “Program.”
(b) The Services must be utilized during the five (5) month duration of your Program term (the “Program Term”). All access to the Services will be revoked at the conclusion of the Program Term.
(c) Any additional services provided by Company to Client may require additional fees to be discussed and agreed upon by the Parties.
2. Client Duties
(a) Program Fee. In consideration for the Services provided by Company to Client as set forth in Section 1 above, Client agrees to pay the current program fee at the time of joining as an initial payment of $997.00 if paying in full or, if enrolled in the payment plan, three monthly payments of $432.33 for the duration of the program (total: $1,297.00). If Client is choosing to pay in full, the entire program fee will automatically be withdrawn on the initial payment date. If Client is choosing to use payment plan option, the remaining balance will automatically be withdrawn in equal installments monthly, starting from the initial payment date. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed in Section 2 (d).
(b) For Participants Selecting the Payment Plan: Participant must make an Initial Payment of $432.33 to the Company (“Initial Payment”). The remaining two (2) monthly installments of $432.33 must be paid monthly starting a month after Initial Payment until the Program Fee is paid in full. Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Company. Your participation in the Program requires the full financial commitment. You agree to pay this sum in accordance with the Company’s payment options outlined in your client account, via Company’s online payment system. The primary method of payment must be a major credit card with a secure checking or savings account from a reputable financial institution as a secondary form of payment. Secondary form of payment will be used upon default or missed payment from the primary method of payment. Company utilizes a third-party shopping cart plug-in to process payments. You are responsible for any such expenses that You may incur as it relates to Your participation in the Program. Including but not limited to: equipment and software needed to implement the Program and travel costs. This information is subject to change without notice.
(c) Recurring Payments: Participant understands that through the 8 week period. If the payment date falls on a weekend or holiday, Participant understands that the payment may be executed on the next business day. In the case of a transaction being rejected for Non-Sufficient Funds (NSF), Participant understands that the Company may at its discretion attempt to process the charge again.
(d) Late Payment Fee. If any fee outlined in this Agreement remains unpaid on the 7th day following its due date, a late fee of ten percent (10%) of the payment due will be assessed; a late fee will be assessed following each subsequent 7-day period. Company reserves the right to restrict your access to the Services or terminate your participation in the Program unless and until all outstanding fees have been paid in full. If Client is removed from the Program due to forfeited payment, Client may only re-enter the Program and access to the Services by paying the remaining balance in full within 30 days of the missed payment. After 30 days, Client will have to re-enroll for the Program by paying in full at the current Program rate.
(e) Payment Security and Chargebacks. To the extent that Client provides Company with credit/debit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement. If Client selects the installment 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 agrees to not dispute any charges at any time. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.
(f) Tools to be Provided by Client. Client agrees to provide all tools, information, and documentation that may be required by Company to effectively perform said Services.
(g) Client understands that Client’s success in the Program is dependent upon Client’s level of participation in the Services. In order to get the most out of the Program, Client must also work to implement the tools and strategies learned throughout the Program and make considerable efforts toward Client’s own development on Client’s own time during the term of the Program. Client is responsible for requesting support from Company when needed.
(a) The term of this Agreement shall begin on the date this Agreement is signed. This agreement ends upon expiration of the Program Term. Upon completion of the term, Client will no longer have access to the Services and the Program. Client and Company may choose to renew this Agreement for an additional term upon signing of a new contract with new terms.
Communication in our relationship is of the utmost importance. All communication will take place via e-mail, and the private community group. If there will be a time that either the Client or Company will be unavailable (vacation, illness, etc.), that needs to be communicated and a check-in date established.
Our contact info is as follows:
E-mail: [email protected]
All communications will be acknowledged/responded to within 24-48 hours, not including weekends or holidays.
5. Cancellations and Refunds
(a) Client may cancel participation in the Program at any time for any reason by providing written notice to Company. Upon cancellation, access to the Program and Services will be terminated. However, cancellation of participation and/or this Agreement by Client will not extinguish the Client’s obligation to pay the full program fee as outlined in Section 2(a). Client will remain obligated to pay all remaining unpaid Program fees in full.
(b) In the event that Client engages in abusive or unprofessional behavior in the Program, towards representatives of Company or other Program members, Company reserves the right to cancel Client’s membership and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. Client will remain obligated to pay all remaining unpaid Program fees in full.
(c) Company may decide to terminate the coaching relationship at any time. In the event that Company decides to do so, Company shall release Client from any further financial obligation under the Contract and will provide a prorated refund based on time remaining in the Program, if Client paid in full. This does not include the circumstances described in Section 5(b).
(d) Client’s failure to effectively participate in the Program is not grounds for a refund. Client understands they take full responsibility for their success in the program, and Company makes no guarantees that Client will have specific results.
(e) Rescheduling. Group sessions/calls will be scheduled by Company. In the event that Client cannot attend a scheduled call, Client may inform Company, however, the call will take place at the scheduled time. Client will receive access to a recording of the call within 72 hours of the call taking place. Client is not entitled to a partial or full refund in the event that Client misses a live call.
In the event that Company cannot host the scheduled call(s) at the previously scheduled time due to illness, travel, or other unexpected circumstances, Company will make a reasonable effort to reschedule the call for a later or earlier date and will notify Client via email.
(f) Refund Policy. Due to the nature of the services, refunds will not be issued under any circumstances, except as outlined in Section 5(c). Client understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.
(g) The Program and Term cannot be paused or placed on hold for any reason without the written authorization of Company.
(h) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:
• A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
• War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
• Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
In the event that Section 5(h) applies, Company will be permitted to make a reasonable effort to reschedule calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances.
6. No Guarantees
(a) We cannot guarantee the outcome of the Services and/or participation in the Program. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Company cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.
(b) By participating in the Program, you agree to accept full responsibility for the actions you take regarding your business/brand and, as such, will not hold Company liable for the consequences of your business decisions. It is your ultimate personal decision as to how you decide to implement the Services, techniques, and advice and you agree that Company is not responsible for the success or growth of your business or brand.
(c) From time to time, and upon Client’s request, Company and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third-party and bears no liability with respect to such service or experience.
(d) Affiliate links. Company may provide Client with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third-party and bears no liability with respect to such service or experience.
(e) Technical issues. In the event that the learning materials provided via the online learning platform are inaccessible, Company shall have 72 business hours to re-deliver access to Client.
(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 Company in the strictest confidence and not disclosed to third- parties or used by Company for any purpose other than for providing Client with the services 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 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) Participant Information. Client agrees to keep confidential any Confidential Information, as defined in Section 7(a), shared by fellow participants in the Program (“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 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 Section 7(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. 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.
(d) Non-Disparagement. Client shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about Company’s goods or services.
(e) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this Section 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. Any breach of this clause is grounds for immediate removal from the Program.
(f) Client Features. Notwithstanding the above section, Company may choose to feature Client on its website, social media channels, etc. Client agrees to allow Company to share its likeness, achievements, and success, unless otherwise agreed to by the Client. Company agrees to maintain the confidentiality of any and all sensitive and Confidential Information.
8. Independent Contractors
(a) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with Client for any purpose. Company is, and will remain, an independent contractor and service provider in its relationship to Client. Company is, or remains, open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction.
(b) Taxes & Benefits. Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
9. Ownership of Intellectual Property
(a) IP Ownership. Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. 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, social posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent. 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.
(b) No Resale of Services Permitted. Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Program (including course materials or any Services), use of the Program, or access to the Program. This Agreement is not transferrable or assignable without the Company’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 Program, or any other third-party that Company has not granted access to.
(d) Recordings. All group calls and meetings are recorded by Company. Client may access these recordings via the online forum or other means provided by Company. Client agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. Company reserves all rights in any and all recordings.
(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement 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.
(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain 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, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
11. 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 goods or 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 limitations in this Section 11 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 Program is not legal, financial, therapeutic, mental health, or medical advice. All of the information provided throughout the Program and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Company does not and will not provide any form of diagnosis.
If an individual acting on behalf of the Company within the program is licensed in some professional manner (JD, MD, RN, PA, CPA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s).
12. Entire Agreement; Modification
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.
13. Changed Terms
Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both Parties.
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.
15. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Florida. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in perpetuity.