TERMS AND CONDITIONS OF USE

Consultant: India d'Scarlett 
Client: The person whom is purchasing this four month online journey.
 

Collectively, all of the people or businesses entering this Agreement will be referred to as the “Parties."

Purpose of the Agreement

Client wishes to hire Consultant to provide services relating to as detailed in this Agreement. 
Consultant has agreed to provide such services according to the terms of this Agreement.

Services

Consultant shall provide Client with the services for this specific package as listed on this check-out page. 

Cost, Fees and Payment

Client shall pay the Total Cost to Consultant as listed for this specific package on this check out.

Non-disclosure.Client agrees to not disclose their payments or package prices to the public and/or past or current clients of India d'Scarlett

Future prices subject to change.Client understands that Consultants prices change and increase over time. Client’s rates are only available for term of contract. Once contract has expired and if Client wishes to continue month to month coaching, prices for that will reflect Consultant’s current and new price structure at time of resign.

Any and all payments are final and non-refundable.

Emergency refunds will only be considered on a case by case basis as solely decided by India d'Scarlett. At a minimum, Client agrees that a retainer fee (Please contact India d'Scarlett to receive exact retainer fee for this package) is non-refunable to  fairly compensate Consultant for committing to provide the Services and turning down other potential projects/clients and is non-refundable.
 

Testimonial

Client agrees to give a recorded testimonial video at end of container.

Client agrees to make it their priority to have this testimonial within 2 weeks of finishing journey.

Client agrees to give a written testimonial that is a short paragraph in length.

Client agrees to provide a photo that Consultant can use on website for testimonial given.

Client agrees to let Consultant share their experience and their testimonials for promotional purposes.
 

Agreement: for online journeys

Coaching calls. Client agrees to minimise all disruptions on calls; no kids, family, or friends around; no driving; no loud environments.

Client understands that Consultant needs 100% of Client’s attention for calls.

Client agrees to be undistracted and undisturbed for the duration of the coaching session scheduled.

Client agrees to show up on time for each call via Zoom video call, present, and ready to take notes.

Group coaching calls. ( for online journeys)

Client understands that only one person can speak at a time; if client wishes to speak, client will raise hand and wait to be unmuted or called upon.

Client agrees to respect other participants opinions and ideas even if client doesn’t agree with them. All ideas are valid.

Client agrees to listen with an open mind. Everyone is going through something different and what may be oblivious to one maybe hidden to another.

Client agrees to approach all women in the space with curiosity, openness and devotion to love and truth above all. If another woman triggers you, you're invited to explore what is behind the trigger & utilize it for your own inner alchemy.

Client agrees that anything discussed during the call will remain confidential – no one’s story will be repeated outside of calls. The only story permitted to share is client’s own personal story.

Client agrees to be aware of the time and any constraints when speaking – helping to stick to their allotted time to speak and move on when necessary even if they are not done with their share.

Compliance. Client’s compliance and willingness to do all the exercises and tasks given by due dates maximise results and the experience during the mentorship program with India d'Scarlett

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Client understands that any reluctances towards advice or counsel given by Consultant can result in little to no change in Client’s current life or business situation that Client hired Consultant to help with.

Outcomes. Client understands that all outcomes are based upon: Client’s compliance and willingness to do all the exercises, and homework tasks given in a timely manner.

Client understands that goals are not guaranteed. At any point during the program, goals and focused outcomes can shift to a different direction. Client understands this is normal and can be expected.

Coachability

Non-Compliance. If Client desires to not comply to any coaching advice, becomes impossible to coach, and/or client keeps rescheduling, canceling, or no-showing appointments where it becomes impossible for Consultant to render Services due to the fault of the Client or parties related to Client, India d'Scarlett is in no way held liable refunds and at this point Consultant has the option to break this coaching agreement with no penalty and would be excused of any further performance obligations stated in this agreement. Payment agreement for Client will stay intact, but coaching sessions will not be executed by Consultant. Consultant has a right to choose to work with client or not at this point. A final termination notice must be made in writing from Consultant to Client.

Power. Client is responsible to bring energy, content, soul work, questions, and engagement to each call. The Client brings the power to the calls via their own personal commitment to the coaching program.

Quitting: Client is aware that payments are required; they will not be waived if client wants to quit part-way through the program. This is designed to keep the Client in the game and truly committed to setting his/her self up for success.

Integration

Integration. Client understands that one week out of each month of the mentorship will be used for integration. This time period is put into practice so Client can apply, blend, and execute all that has been learned without coaching calls as support or guidance. The integration process is to allow deeper space for the client to be in their creative process and have time to complete their creative projects.

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired India d'Scarlett exclusive of any other service provider or persons. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that India d'Scarlett hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property

Permitted Uses of Product(s). Consultant grants to Client a non-exclusive license of product(s) produced with and for Client for personal use so long as Client provides Consultant with attribution each time Client uses Consultant’s property. Personal use includes, but is not limited to, use within the following contexts:

In photos on Client’s personal social media pages or profiles; or

In posts on Client’s personal social media pages or profiles; or

In personal communications, such as family, friends, or business matters.

Client agrees to honour the sacred nature of India d'Scarlett by not promoting, sharing, or reusing products, exercises, or documents relative to Consultant’s business/company. Client agrees to not copy/recreate similar programs or content.

 

Confidentiality

Confidentiality. Any information Client reveals to Consultant during the coaching relationship will be kept strictly confidential, with the following exceptions, which are required by law:

• Reporting imminent suicidal or homicidal ideation;

• Reporting abuse or neglect of a child, dependent or older adult;

• Ordered to reveal confidential information by a court of law.

On occasion, permission to record a session or to allow another coach to participate in a session may be requested. These recordings are not used for any purposes other than training and are kept confidential; any coach who listens to our calls is held to the same confidentiality standard as Consultant. It is always Client’s choice whether to grant permission for these activities.

Artistic Release

Client understands and agrees that:

Client agrees to allow Consultant to share screenshots of text messages, not showing Client’s name, in order to inspire others and promote Consultant’s business.

Client agrees that if a video testimonial is given, Consultant can use video to share on social media, website, and other promotional platforms.

Client agrees that Consultant can use their success stories to share within other client calls, while withholding Client’s name, and keeping their personal information private.

Client agrees that any written testimonial can be shared on social media, website, and other promotional platforms.

Cancellation and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Consultant to render Services due to the fault of the Client or parties related to Client, such as failure to book calls dates and be available for a coaching session(s), India d'Scarlett is in no way held liable for extra costs or refunds.

Consultant has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Consultant to provide the Services due to the fault of Client (or parties related to Client), and Consultant will not be obligated to refund any monies Client has previously paid towards the Total Cost.

Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the session calls, or should it become impossible for Consultant to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Consultant is able to secure another, unrelated client, then Consultant may choose, at its sole discretion, to excuse all (or a portion of) Client's total cost.

Integration. If client misses a weekly call that week will be considered an integration and it will not be pushed to another week unless discussed with Consultant.

No Show. Client agrees to show up to every appointment scheduled. If Client fails to show up to an appointment that Consultant and Client have scheduled, due to failing to remember, overlooking scheduled day, overbooking his/her self, or any other reason related to Client, Consultant will count the appointment as a used session whether Client is able to make the call or not.

Scheduled Time. Client agrees to show up on time for call by entering into personal Zoom Room at the time of the call. Client is fully responsible for initiating call and showing up on time.

Limit of Liability

Indemnification. Client agrees to indemnify, defend and hold harmless Consultant and its affiliates, employees, agents, volunteers and independent contractors for any injury, property damage, loss, causes of action, accidents, liability, claim or other cause of action arising out of or related to Services and/or product(s) Consultant provides to Client.

Coaching. Client is aware that India d'Scarlett is not a registered dietitian, doctor, or guru. Client understands Consultant cannot heal, cure, or prevent any diseases, life traumas, or negative patterns and that Consultant does not promise or claim to do that. India d'Scarlett is a coach and here to guide me along my journey.

Responsibility.Client understands that Consultant is a coach and is to help guide Client to his/her goals and give tools to reach them. Consultant is not responsible to resolve Client’s problems, fix his/her finances or fight his/her battles.

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

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, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Consultant cannot or will not perform its obligations, due to all reasons excluding death or illness, in any or all parts of this Agreement, it (or a responsible party) will:

Immediately give Notice to Client; and

A refund or credit based on a reasonably accurate percentage of Services rendered, excluding retainer fee, may be considered as refundable; and

Client will be excused of any further performance and/or payment obligations in this Agreement.

In the event Consultant cannot or will not perform its obligations, due to death or serious illness and/or injury, in any or all parts of this Agreement, it (or a responsible party) will:

Notice to Client by a party who takes over Consultant’s responsibilities; and

No issue of a refund or credit will be rendered; and

Client will be excused of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law. This Agreement will be governed by the laws of Queensland, Australia.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.