THE DREAM FACTORY AND CO:
Terms & Conditions
The terms and conditions below apply to Dare to Dream: Live a Bold Life, produced by The Dream Factory and Co., and any and all employees, affiliates, and/or contractors that work for and with The Dream Factory and Co., to any individual or company ("the Client") and constitute the contract for the service to be provided by The Dream Factory and Co. for the Client (“Agreement”).
Billing:
The digital course details are described on the checkout page and by agreeing to purchase, the Client agrees to understanding all terms included.
The Client shall be billed according to the terms on the Check Out page. Client’s purchase confirms their agreement to the terms with no cancellation and no refunds for any reason.
Terms and Conditions:
Client understands that this is a digital course and is unique in its fashion and is exclusive in nature. Any materials incorporated will be given complete recognition to the appropriate source to not confuse The Dream Factory and Co.’s materials from external resources.
In that spirit, by purchasing Coaching services from The Dream Factory and Co., the Client confirms that she or he has read and agrees to each statement below and that the Client wishes to proceed.
The Client is solely responsible for creating and implementing his or her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Coaching relationship and her or his Coaching calls and interactions with The Dream Factory and Co. As such, the Client agrees that The Dream Factory and Co. 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 The Dream Factory and Co.
Client understands this digital course 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 acknowledges that Coaching does not involve the diagnosis or treatment of mental disorders 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. It is the 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 the Client promptly inform the mental health care provider of the nature and extent of the Coaching relationship agreed upon by the Client and The Dream Factory and Co.
Client acknowledges that the digital course is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate Coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
Liability:
RELEASE OF LIABILITY The Client agrees that using any of these digital coaching techniques is entirely at the Client’s own risk. Digital Course is provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information services, coaching, uninterrupted access, or products and services provided through or in connection with the service. This service is requested at the Client’s own choice and with inherent singular responsibility. The Client agrees that the use of all, or part, of the service is entirely at the client’s own risk. Any actions or lack of actions, taken by the client of such advice is done solely by choice and responsibility of the client and is neither the responsibility nor liability of The Dream Factory and Co. The Client understands that The Dream Factory and Co. is not promising outcomes including but not limited to increased clientele, profitability and or business success. The Client understands that this digital course is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and the Client will not use it in place of any form of therapy. The Client recognizes that the digital course requires emotional, physical, and mental efforts, exertion, and behavioral experimentation, on the Client’s part, which may cause physical, mental or emotional injury. The Client fully acknowledges and takes full responsibility for all the risks involved. The Client understands that it is her or his responsibility to consult with his or her primary health care provider prior to participating and should the Client choose not to do so, the Client accepts full responsibility, waiving all rights to liability or any claims related thereto against The Dream Factory and Co., any of its owners, agents, administrators, or employees. The Client hereby releases, waives, acquits and forever discharges The Dream Factory and Co., any owners, agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by The Dream Factory and Co. as a result of the advice given by The Dream Factory and Co. or otherwise resulting from the Coaching relationship contemplated by this Agreement. The Client further declares and represents that no promise, inducement or agreement not expressed in this Agreement has been made to the Client to sign this Agreement. This Agreement shall bind the Client’s heirs, executors, personal representatives, successors, assigns, and agents. The Client has read and understood this Agreement and all its contents, and the Client voluntarily agrees to the terms and conditions stated above.
EXCLUSIVE REMEDIES: Notwithstanding the limitations outlined in the paragraph above, should for any reason The Dream Factory and Co. be found liable to the Client in any way shape or form, in no event shall The Dream Factory and Co. be liable to the Client for any indirect, consequential or special damages. Regardless of any damages that the Client may incur or claim to incur, The Dream Factory and Co.’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to The Dream Factory and Co. under this Agreement for all Coaching services rendered through and including the termination date.
LIMITATION ON WARRANTIES: THIS IS A SERVICES AGREEMENT. PURPOSED WILL PERFORM THE SERVICES IN GOOD FAITH AND WITH DUE CARE AND SKILL. TO THE FULLEST EXTENT PERMITTED BY LAW, PURPOSED DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Open Communications:
The Client has the right to talk openly and candidly with The Dream Factory and Co., and the Client is encouraged to discuss any questions and concerns they have with The Dream Factory and Co. on any area of the Coaching process. The Dream Factory and Co. welcomes openness and honesty. Feedback about the service is welcomed and can be given via email to [email protected].
The Dream Factory and Co. is continually striving to ensure the standard of service it provides to its Clients remains outstanding. At any time, the Client may be asked to complete a feedback form.
Miscellaneous:
Entire Agreement. This document reflects the entire agreement between The Dream Factory and Co. and the 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 The Dream Factory and Co. and the Client.
Dispute Resolution. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 90 days after notice given. If the dispute is not so resolved, The Dream Factory and Co. and the Client both agree to Arbitrate all remaining disputes before an arbitrator mutually chosen by The Dream Factory and Co. and the Client. In the event of such Arbitration, the prevailing party shall be entitled to recover attorney’s fees and costs from the other party.
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 Arbitrator or 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.
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.
Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without giving effect to any conflicts of laws provisions.
Binding Effect. This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.