Terms of Use
This agreement, effective on the date of enrollment in this School (hereafter known as “School” or “Program”), is made between Natural Highs Coaching LLC (hereafter known as “Company”) and the purchaser or enrollee in this School (hereafter known as “Student” or “Client”). Natural Highs Coaching LLC has assembled all teachers, contributors and content creators featured in this School (hereafter known as “Teachers”, or “Coaches”). Company and Students will hereafter be referred to collectively as the “Parties”. NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:
1. DISCLAIMER.
Student understands that Jacob Yoder is a Life Coach and Mentor, and NOT an addiction counselor, medical provider, personal trainer, physical therapist, doctor, agent, accountant, financial planner, lawyer, therapist, nutritionist, or any other licensed or registered professional. Student understands that all Teachers who have contributed material to this Program are doing so as individuals under the title and professional capacity of “teacher” or “coach” and are giving advice based on opinion. Teachers in this School are not operating under any kind of licensure, even if they possess such licensure in their home state. Natural Highs Coaching LLC and Teachers are not responsible for physical injury, physical bodily harm, exercise related injury, drug or alcohol abuse, drug overdose, death, or any catastrophic or traumatic event sustained by the client even if such injuries occur as a direct result of exercises, activities or workouts suggested by or encouraged by Teachers or other online materials suggested or linked in this School (or any other materials presents by Natural Highs Coaching LLC and Teachers outside of this school). Company and Teachers are not responsible for any damage to property, physical injury, or death to third parties occurring as a result of Client behaviors including but not limited to accidents occurring as a result of Client’s drug and alcohol use. Company and Teachers are not responsible for any loss or damage, financial or otherwise resulting from loss of Client’s anonymity or public revealing of Client’s enrollment in this School. Client understands that Company and Teachers may suggest inherently dangerous activities including but not limited to indoor and outdoor exercise, hiking, rock climbing, mountain biking, cold water immersion, and other extreme sports that involve an inherent risk of permanent injury or death in every instance of participation. Client participates in and carries out such activities at their own risk. Company and Teachers are not responsible for mental illness, mental illness related consequences, episodes of mental illness, or aggravation of mental illness as a result of coaching or consulting services provided, or as a result of Client’s participation in coaching, or any Client interaction or conversation with Teachers. Company and Teachers are not responsible for Client addiction or any Client behaviors including but not limited to violence, abuse, aggression, relapse, drug use, alcohol use, or any effects or consequences physical, emotional or mental, associated with use of mind altering substances or any other behaviors with detrimental consequences to Client’s health or wellbeing. All materials and curriculum in this program fall into the category of Coaching. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching and Strategy services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Client understands Teachers are teaching based on relevant life experience rather than under any state or federally issued licensure.
2. NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client’s work with the Company is proprietary,
copyrighted, and developed specifically for Company. Client agrees that such
proprietary material is solely for Client’s own personal use. Any disclosure to a third
party without prior verbal or written consent is prohibited unless discussed and
agreed upon. Company’s program is copyrighted and the original materials that have
been provided to the Client are for Client’s individual use only and are granted as 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.
Further, by enrolling in this School, Client agrees that if Client violates, or displays any
likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
3. NON-DISPARAGEMENT
Client shall not make any false, disparaging, or derogatory statement in public or
private regarding Company or Teacher, or Company's employees or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and
its relationship with Company.
4. INDEMNIFICATION
Client agrees to indemnify and hold harmless Company, its affiliates, and its
respective officers, directors, agents, employees, and other independent contractors
from any and all claims, demands, losses, causes of action, damage, lawsuits,
judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s
participation or action(s) under this Agreement. Client agrees to defend against any
and all claims, demands, causes of action, lawsuits, and/or judgments arising out of,
or relating to, the Client’s participation under this agreement, unless expressly stated
otherwise by Company, in writing.
5. DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the Parties to this
Agreement, every controversy or dispute to this Agreement will be submitted for
arbitration in Santa Cruz County, California. The arbitration shall occur within 90-days from
the date of the initial arbitration demand and shall take place in Santa Cruz, California. The
Parties shall cooperate in exchanging and expediting discovery as part of the
arbitration process and shall cooperate with each other to ensure that the arbitration
process is completed within the ninety (90)-day period. The written decision of the
arbitrators (which will provide for the payment of costs, including attorneys’ fees) will
be absolutely binding and conclusive and not subject to judicial review, and may be
entered and enforced in any court of proper jurisdiction, either as a judgment of law
or decree in equity, as circumstances may indicate
6. GOVERNING LAW
This Agreement shall be governed by and constructed in accordance with the laws of
the state of California, regardless of the conflict of laws principles thereof. Client recognizes that any disputes will be resolved in California, in the county of Santa Cruz, and not in the jurisdiction where the client is located or any other jurisdiction outside of Santa Cruz county.
7. ENTIRE AGREEMENT; AMENDMENT; HEADINGS
This Agreement constitutes the entire agreement between the Parties with respect to
its relationship, and supersedes all prior oral and written agreements, understandings
and representations to the extent that they relate in any way to the subject matter
hereof. Neither course of performance, nor course of dealing, nor usage of trade,
shall be used to qualify, explain, supplement, or otherwise modify any of the
provisions of this Agreement. No amendment of, or any consent with respect to, any
provision of this Agreement shall bind either party unless set forth in a writing,
specifying such waiver, consent, or amendment, signed by both parties. The
headings of Sections in this Agreement are provided for convenience only and shall
not affect its construction or interpretation.
8. COUNTERPARTS
This Agreement may be executed in one or more counterparts (including by means
of facsimile or electronic mail via portable document format), each of which shall be
deemed an original but all of which together will constitute one and the same
instrument.
9. SEVERABILITY
Should any provision of this Agreement be or become invalid, illegal, or
unenforceable under applicable law, the other provisions of this Agreement shall not
be affected and shall remain in full force and effect.
10. WAIVER
The waiver or failure of Company to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further right hereunder.
11. CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results
from the Program. Client’s participation and follow through is a vital
element to the Program’s success that relies solely on Client. Company makes no
representations, warranties or guarantees verbally or in writing regarding Client’s
Performance or outcomes. Client understands that because of the nature of the program and
extent, the results experienced by each client may significantly vary.
By enrolling in this School, Client acknowledges that there is an inherent risk of loss of capital
and there is no guarantee that Client will reach its goals as a result of participation in
this School and Company’s comments about the outcome are expressions of
opinion only. Company makes no guarantee of any outcome for Client.
12. TERM.
This Program exists until Company chooses to discontinue this School. Company may terminate this School at any time. Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
13. Terms
By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.
14. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
15. Disclaimer
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
16. Limitations
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
17. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
18. Links
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
19. Site Terms of Use Modifications
The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
20. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.