Terms of Use: The Win Within Method
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Win Within Method Program outlined below (hereinafter “Client”) agree and willingly purchase entry into this coaching program, to be provided with services rendered by Win Within Method LLC(hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration, the receipt and sufficiency of which is acknowledged by all parties, Client is electing to purchase the “Win Within Method” Program (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
Program Outline:
Client agrees and understands that he/she is purchasing the “Win Within Method,” a three-hour self-guided video course with practical exercises designed to focus on the eight (8) core areas to help tennis players develop ultimate mental strength.
Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
As discussed in greater detail below, Program is a self-study online course, designed to provide the client with education, information, and practical exercises for developing mental strength in connection with the game of tennis. It is not designed to be a form of therapy, nor a replacement or substitute for any kind of therapy, counseling, or mental health treatment. While Coach has education and training as a psychologist, Program does not fall within the scope of mental health treatment or therapy, and is to be used as an educational and informational tool only, for those who are not in need of any kind of mental health treatment, diagnosis, or therapy.
Client is not a Minor:
Client confirms he/she is over the age of 18, and is legally able to enter into this Agreement as the responsible party. If Client is under the age of 18, Client confirms he/she will not purchase Program without clear permission from a parent or legal guardian. If under 18, the parent or legal guardian of the minor will become the party to enter into this Agreement and assert legal responsibility as the “Client” for the benefit of the minor child. Any minor purchasing this Program will be assumed to have done so with the express permission of a parent or legal guardian who has reviewed these Terms and agrees to be bound by them herein.
Moreover, any minor child enrolled in Program must disclose him/herself to Coach as a minor, if he/she reaches out to Coach with any questions or requesting any additional insight or guidance based upon Program. Coach may be limited in how he may interact with a minor within Program, and must confirm prior to communicating with a minor within Program.
Coach also reserves the right to terminate any membership to Program should Coach learn that the purchaser of the Program is a minor, and his/her parent or legal guardian was not aware of his/her participation.
Confidentiality
Coach respects each client’s privacy, and will not reveal anything said by Client in coaching sessions, if applicable, without prior written consent from Client, other than in the following scenarios:
Suspected abuse to another individual or self, due to fee or contractual dispute, unintentional breach due to electronic or online communication (including but not limited to e-mail, Facebook messenger, Instagram direct messaging, WhatsApp), and phone and video recorded sessions.
Client agrees not to disclose, reveal, or make use of any confidential information they may learn within Program, including but not limited to proprietary mental health strategies, coaching strategies, exercises, or other methodologies Client learns as a result of completing Program and/or working with Coach, information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below.) Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s program, and agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program. Client agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise.
If any services within Program include sessions via phone, Skype, or any other form of online video or audio session, and/or any and all written communication between Client and Coach, Client understands the risks and potential consequences of such sessions, including but not limited to the possibility that the transmission of information could be distorted, interrupted, or accessed by unauthorized persons. Client gives his/her informed consent to engage in phone or online video sessions as part of his/her coaching package.
Testimonials
Client understands and agrees that any and all “wins” posted by Client or otherwise publicly shared within the Program or on social media may be freely used by Coach as a testimonial to promote Program, and Client hereby grants Coach a perpetual license to use the text of the testimonial, as well as Client’s name and likeness, to share the testimonial on Coach’s social media, website, and any other sales pages in connection with Program.
Payment and Payment Plans
Client understands the cost of Program is payable up front, in full, unless a financing option has been offered by Coach, or otherwise arranged between Coach and Client. Client agrees to render payment via Coach’s sales page, and understands he/she is responsible for the full payment and agrees to pay the sum requested electronically in full. Absent an agreement regarding a payment plan with Coach, Client must complete payment in full before becoming entitled to any products or services included within Program.
Coach reserves the right to terminate Client’s access to Program at any time should there be an issue with payment collection or processing, without notice.
Refund Policy
It is important to Coach that all clients are happy with their purchases. If Client is not satisfied with his/her purchase of Program within the first fourteen (14) days, Client may send an email to hello@winwithinmthod.com to receive a full refund, no questions asked. Following the first fourteen (14) days after purchase of Program, Client may reach out to Coach with any issues or feedback regarding the Program and/or any dissatisfaction.
Medical Disclaimer – Not Medical or Professional Advice
Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for or a form of mental health treatment. Client understands and agrees that while Coach is a licensed psychologist, and has been trained and educated to provide counseling services, Program offers coaching services only, separate and apart from any private therapy practice Coach may build. There are no counseling or therapy-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) counseling or therapy services. Client’s enrollment into Program does not make him/her Coach’s patient, and no therapist-patient relationship is being formed. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a licensed counselor in Client’s geographical area. Program is not intended to be a substitute for medical treatment or therapy/counseling, nor is Program designed to provide Client with a medical diagnosis, treatment, or other medical services. If Client believes he/she is in need of mental health services or treatment, Program is not right for Client, and Client confirm he/she will not purchase Program and seek out mental health treatment from a psychologist or counselor in Client’s geographical area.
Coach encourages Client to consult a physician and/or a licensed therapist if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician or therapist and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
Voluntary Participation
Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, Client acknowledges and agrees that Coach is not responsible nor liable to Client should Client sustain any injuries, incur harm, experience any mental health setbacks, trauma, or other issues, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.
Disclaimer / No Guarantees
Client understands that results are not guaranteed. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results.
Earnings & Status Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary. Similarly, Coach cannot make any guarantees regarding level of improvement of Client’s tennis game, if any, and/or any other statistics on Client’s tennis game.
Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
Client agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.
Waiver/Assumption of the Risk
Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any coaching Program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential ramifications of such actions and agrees not to hold Coach responsible for any such injuries or negative consequences.
Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.
Termination
This Agreement is to begin on the Start Date above, and is to continue in full force and effect unless or until terminated by either party in accordance with the requirements herein. Coach may terminate this Agreement at any time due to (a) material breach by Client, (b) Client’s failure to make payment per a payment plan, (c) a need to discontinue due to Client’s mental health, as outlined in paragraph seven herein, (d) as deemed reasonably necessary by Coach.
Client may terminate this Agreement at any time by simply choosing to end his/her participation in Program; however, this does not eliminate any outstanding obligation Client may have in connection with a payment plan, nor does it entitle Client to a refund of any portion of funds paid.
Intellectual Property
Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees he/she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for personal use as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach; post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own; share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend itself in any action directly or indirectly involving Client, or an action where it decides Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
Dispute Resolution
Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in [CITY, STATE] within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of [STATE] regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of [STATE] are to be applicable here.
Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the WIN WITHIN METHOD. Once the Program is purchased and these Terms have been agreed upon, Client will have instant access to the full Program, inclusive of the following deliverables:
Lifetime Access to the “Win Within Method” Program;
Guided Practical Exercises, inclusive of all “Win Within Method” worksheets;
Free Access for Client’s Coach, if applicable;
Community Access – a private space where Client can communicate with other Program members and ask questions;
Community Access: Client may also be granted access to a private group on social media organized by Coach as part of the individual coaching package. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.
Should Client choose to post anything in this group, Client is agreeing and acknowledging he or she will not post anything that could harm Coach or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bulling, Client’s comments will be removed immediately, and Coach reserves her right to take action against Client to the full extent of applicable laws.
Private Access to Dr. Vaughn: If Client is eligible to receive access to Dr. Vaughn to inquire further about the Program, Client understands and agrees that this access may be removed at any time, at Coach’s sole discretion, if Client does or says anything inappropriate, is harming others in the space, or otherwise is causing a disturbance.
Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERTYHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Coach is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.