JEFFREY MARSH COACHING AND WORKSHOPS TERMS + CONDITIONS

Please read carefully. By purchasing this product you (herein referred to as “Client”) agree to follow the terms stated herein.

PROGRAM/SERVICE

JEFFREY MARSH COACHING (herein referred to as “Company”) agrees to provide Program, LIFE COACHING WITH JEFFREY MARSH, WORKSHOP, or OTHER OFFERING (herein referred to as “Program”) identified in an online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

DISCLAIMER

JEFFREY MARSH (herein referred to as “Consultant”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

FEES

The fee(s) for the Coaching Program or offering are clearly listed on the scheduling website. Packages are available. We have a 14-day refund policy detailed below.

If for any reason JEFFREY MARSH COACHING is offering a special discount/promotion for a limited time, then that will also be listed on the scheduling website.

METHODS OF PAYMENT

All payments happen through the online scheduler or linked sites. All payments must be made in FULL before scheduling, attending or otherwise making use of the Program.

REFUND POLICY

14-Day Money Back Guarantee.

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply some of the strategies you’ll learn in the Program. We offer a 14-day refund period for purchases.

In the event that you decide your purchase was not the right decision, within 14 days of enrollment, contact our support team at hello@jeffreymarsh.com and let us know you’d like a refund by the 14th day at 11:59 EST.

Notes about our refund policy:

Within the first 14 days from the original date of purchase, you can request a refund. No refunds will be given after 14 days from the original date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you use the information in the Program, or schedule sessions or not. Ultimately, all refunds are discretionary as determined by COMPANY. If you download materials, take advantage of special deals/discounts, and then ask for a refund, we reserve the right to deny your request. Why? Our generous refund policy was built to give people the opportunity to see if working with Jeffrey is a good fit for them. Anything else is NOT covered under this policy.

To further clarify, we will not provide refunds after the 14th day from your date of purchase (not even one day afterwards) and all payments must be made on a timely basis. Payment for sessions is required in FULL and in advance of scheduling. If for some reason payments are not made on time, you agree 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.

If you have any questions or problems, please let us know immediately by contacting Jeffrey and/or our support team directly at hello@jeffreymarsh.com. 

RESCHEDULING POLICY 

You may schedule sessions on a “rolling” basis, scheduling a next session after completing a current one. Session fees can be applied to an appointment at a later date if you need to reschedule. Sessions may be rescheduled prior to the 48-hour window before the session. To reschedule, you must do so prior to 48 hours before your session begins or your payment will be forfeited.  To reschedule your session, simply use the Acuity Scheduling platform. If the session is cancelled within 48 hours before the scheduled start of your call, no refunds are available. 

NO-SHOW POLICY

Jeffrey’s time is valuable. If you do not reschedule a session, and you do not attend your session, Jeffrey will offer you a four-minute grace period. After four minutes, Jeffrey will log off Zoom or the waiting room will be closed, and you will be considered a no-show for that session or event. You will not be offered a refund or be able to reschedule.

CONFIDENTIALITY

The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions or otherwise. Client agrees not to use such confidential information in any manner other than in discussions with Jeffrey. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing these sessions you agree that if you violate or display any likelihood of violating this Agreement the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NO TRANSFER OF INTELLECTUAL PROPERTY

Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’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 the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. 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, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

CLIENT RESPONSIBILITY

Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.

SEVERABILITY/WAIVER

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

LIMITATION OF LIABILITY 

Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities 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”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website.

TERMINATION

Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product/sessions, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount. We may, from time to time, implement a “Bigotry Agreement” where in we require any client to agree to be charged a fee for disrupting the Program or is otherwise impairs the participation of others. 

INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’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), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company 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 equity arising from my participation in the Programs.

APPEARANCE RELEASE, VOLUNTARY PARTICIPATION AND ARBITRATION AGREEMENT. THIS EVENT WILL BE RECORDED.

This is an agreement between myself and Jeffrey Marsh (including its licensees, successors and assigns, and each of their respective parents, subsidiaries, agents and affiliates) (collectively, “Producer”). In exchange for the opportunity to be part of the project currently titled “The Jeffrey Marsh Workshop” (the “Project”), I agree to the following:

I irrevocably grant to Producer the right to record and photograph me and to use my name, likeness, voice, information about me, and any material that I contribute, including any performance of any musical composition(s) (collectively, the “Materials”) in connection with the Project and other productions. I further grant to Producer and any platform (“Platform”) and its advertisers the right to use the Materials throughout the universe, in perpetuity, in any and all media now known and hereafter devised, in any manner including in connection with advertising, merchandising and publicity for the Project.

I agree that Producer shall own all of the rights to the Materials, and the Materials will be a “work for hire” by me for Producer. I assign and transfer any rights, including copyright, I may have in the Materials to Producer. I waive any right to object to any use (including any editing/dubbing/fictionalization) of the Materials by Producer or Platform for any reason. I understand that my actions, the actions of others, and any information revealed about me may be private, sensitive, defamatory, disparaging, embarrassing or unfavorable. I consent to, and assume all risks of, Producer’s inclusion of any such information or material in the Project or otherwise in its sole discretion, even if such inclusion might otherwise constitute an actionable tort.

I agree that: (a) I am not an employee of Producer and I am not entitled to any employment benefits; and (b) my appearance in the Project is not subject to any union or guild collective bargaining agreement or any benefits of such agreement. Producer has no obligation to me and is under no obligation to use the Materials. If I receive anything of value in connection with the Project, I shall be responsible for all taxes and other obligations therefrom.

I have not given or agreed to give anything of value to anyone so I can be in the Project and understand it may be a federal offense not to tell Producer prior to exhibition if I had. I shall not mention or “plug” any commercial product or service in the Project without Producer’s prior permission. I shall not make any commercial or other use of any Materials or the fact that I appeared in the Project. I shall not discuss the Project with any third party without written permission of Producer and Platform.

To the maximum extent permitted by law, I (on behalf of myself and my heirs, executors, agents, successors or assigns) agree to release from liability, never sue, and bring no proceedings of any kind against Producer, Platform, and/or any of their parents, subsidiaries, assignees, licensees, affiliates or anyone associated with the Project (the “Released Parties”) for any claims, actions, damages, losses, costs, expenses or causes of action whatsoever that in any way relate to this Agreement, or the creation, use, or exhibition of the Materials or the Project, on any legal theory (including, without limitation, failure to adequately compensate me, infliction of emotional distress, personal injury, rights of privacy and publicity, defamation, or false light), regardless of whether caused by the negligence or willful misconduct of the Released Parties (collectively, the “Released Claims”). I acknowledge that there is an ongoing COVID-19 pandemic and that I am voluntarily agreeing to participate in the Project, with the full and complete knowledge that such participation may expose me to the virus. Accordingly, I assume full responsibility for all potential risks and dangers involved therewith and release the Released Parties from all claims, demands, liabilities, damages and costs arising therefrom. I represent and warrant that, to the best of my knowledge in the exercise of reasonable prudence and diligence, any statements I make in connection with my appearance will be true and neither they nor any Material I contribute will violate or infringe upon the rights of any third parties. I will defend and indemnify the Released Parties from any Released Claims and any breach or alleged breach by me (including breaches by me of this Paragraph 5) relating to this Agreement. I shall be liable for any attorney fees and costs incurred by the Released Parties in connection with any claim or lawsuit I may bring in violation of this Agreement.

To the maximum extent permitted by law, I waive any and all rights I may have under Section 1542 of the Civil Code of California, and every like provision in any foreign jurisdiction. Section 1542 provides as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Where any dispute in connection with this Agreement arises, the parties agree to first try to resolve such dispute through confidential mediation. If mediation is unsuccessful, then disputes shall be resolved by final and binding arbitration administered by JAMS in accordance with its streamlined arbitration rules and procedures (hard copies provided upon request). I agree that given the unique nature of the entertainment industry, and the irreparable damage to Producer that would result from delaying or preventing the exhibition of any project produced hereunder, I may not seek or obtain injunctive relief in connection with this Agreement. All proceedings brought pursuant to this paragraph will be conducted in the City of Los Angeles.

Producer may license, assign, and transfer any or all rights in this Agreement to any person or entity. This is the entire agreement between Producer and me, and it supersedes all prior oral or written communications. I am not relying on any promise or statement, express or implied, that is not contained in this Agreement. The illegality, invalidity or unenforceability of any specific provision shall in no way affect the remainder of this Agreement. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both Producer and me. It may be executed by original or electronic signature. Without regard to the conflicts of law provisions, California law shall govern the entire relationship between the parties, including, but not limited to, any breach of contract, tort or other claims relating to this Agreement or my appearance on the Project. The parties submit to the in personal jurisdiction of the Superior Court of California located in the County of Los Angeles and the United States District Court for the Central District of California, and waive any objections thereto.

I understand that I am giving up legal rights in this Agreement, including my right to file a lawsuit in court for any claim in connection with this Agreement.

BIGOTRY CLAUSE

By purchasing this product/sessions, purchaser agrees that Jeffrey Marsh (or Company) may, at their sole discretion, charge an extra fee of $99, terminate any Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company.

DUTY TO READ

I accept that under this agreement, I have a duty to read these terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.