Terms & Conditions

 

​The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [Dianah Johnson Coaching] (“Dianah Johnson Coaching”, “we”, or “us”). 

 

Program/Membership

 

Dianah Johnson, and Dianah Johnson Coaching agrees to provide you with access to the Online Course entitled, “[Phoenix Rising]” (“Program/Membership”) or (Membership”). As a condition of participating in the Program/Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

 

Terms of Use, Privacy Policy, & Disclaimer

 

Dianah Johnson Coaching’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program/Membership. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

 

Nature of The Relationship

 

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Dianah Johnson Coaching is agreeing only to provide Client with access to the Program/Membership, which provides education and information. The information contained in the Program/Membership, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

DISCLAIMER

You (sometimes referred to herein as “Client”) understand that the information received from me (sometimes referred to herein as “Coach” or “Dianah Johnson Coaching”) in connection with the Program/Membership or otherwise should not be seen as medical advice and is certainly not meant to take the place of your seeing licensed health care professionals, including your doctor. 

You understand and agree that (i) I am not providing health care, medical, mental health or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body, (ii) I am not acting in the capacity of a doctor, psychologist or other licensed or registered professional, and (iii) you have chosen to work with me and participate in the Program/Membership/Membership voluntarily. 

As your Coach, I encourage you to maintain a relationship with your primary care physician or doctor. In the event that you do not have one and/or do not have routine physicals, I encourage you to do so. Do not discontinue or change any treatment plan that you may be on as a result of our sessions without discussing the change with your doctor. 

RELEASE You acknowledge and take full responsibility for your life and well-being, as well as the lives and well-being of your family (where applicable), and all decisions made during and after the Program/Membership. In furtherance and not in limitation of the foregoing, you hereby and forever waive, release and discharge me, my heirs, executors, administrators, assigns, officers, agents, employees, representatives, executors and all others acting on their behalf (the “Released Parties”) from any and all claims or liabilities for injuries or damages to your person and/or property or that of your family (where applicable), including those caused by negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with your participation in the Program/Membership or in connection with services provided by me or the Released Parties. 

Fees

 

In consideration of Your access to the Program/Membership, you agree to pay the following fees. 

FOR ANNUAL MEMBERSHIP OPTION: You agree to make a single payment of $270, which shall be due and payable before you will be granted access to the Program/Membership.

 

FOR PHOENIX RISING NEXT LEVEL: You agree to make a single payment of $497 which is an additional payment irrespective of your monthly or annual subscription in Phoenix Rising.

 

FOR MONTHLY MEMBERSHIP OPTION: If you select the monthly membership plan, you must pay the initial payment today and then your selected payment method will be automatically charged on a monthly basis.  If you opt for monthly payments, you will remain responsible for those payments unless you cancel your Membership. At which time the next payment due will cease. There will be no refunds of past payments.  In the event that any payment is not made, the Dianah Johnson Coaching shall immediately suspend your access to the Program/Membership. 

 

For Canadian Members, please note that all applicable Provincial taxes are included in the price.

 

Payment Plan Authorization 

If You elect for the payment plan, You hereby authorize the Dianah Johnson Coaching to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

No Refunds 

 

All sales are final, and Dianah Johnson Coaching does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Access To Program/Membership Area – The Dianah Johnson Coaching shall maintain a Program/Membership Area that may include lessons, forms, worksheets, checklists, meditations, videos, coaching sessions, and other information. You shall have access to this Program/Membership Area for as long as the Program/Membership Area exists]. In the event that Dianah Johnson Coaching intends to close the Program/Membership Area, it shall provide clients with thirty (30) days’ notice and the ability to download the resources contained in the Program/Membership Area.] 

 

Access To Private Discussion Group – Dianah Johnson Coaching shall maintain a Private Group that You will have access to as a member of the Program/Membership. That Group provides a forum for You to connect with other Program/Membership participants and to seek guidance and support. Members of Dianah Johnson Coaching will seek to interact with Program/Membership participants in the group, but the Dianah Johnson Coaching does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

 

Q&A Coaching Calls/Sessions – As a member of the Program/Membership, you will have access to question and answer and Support/Coaching calls each month. Dianah Johnson Coaching shall provide you with details about how to participate in these question and answer sessions. 

Bonuses – From time to time, the Dianah Johnson Coaching will offer bonuses to individuals who sign up for the Program/Membership. You shall be entitled to any bonuses offered to you at the time of registration.

Ownership Of All Intellectual Property

 

All content included as part of the Program/Membership, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program/Membership, is the property of Dianah Johnson Coaching or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 

 

The Dianah Johnson Coaching name, Dianah Johnson Coaching logo, Dianah Johnson Coaching slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Dianah Johnson Coaching or its affiliates or licensors. You must not use such marks without the prior written permission of the Dianah Johnson Coaching. All other names, logos, product and service names, designs and slogans in the Program/Membership are the trademarks of their respective owners.

 

Your participation in the Program/Membership does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program/Membership, You agree to observe and abide by all copyright and other intellectual property protection.

 

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program/Membership content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program/Membership. 

 

Dianah Johnson Coaching content is not for resale. Your participation in the Program/Membership does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Dianah Johnson Coaching and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Dianah Johnson Coaching or our licensors except as expressly authorized herein.

 

You hereby agree that any infringement of Dianah Johnson Coaching’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Dianah Johnson Coaching’s intellectual property rights, your access to the Program/Membership will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 

Confidentiality

 

The Dianah Johnson Coaching respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program/Membership, you hereby agree to respect the privacy of other Program/Membership participants and to respect the Dianah Johnson Coaching’s confidential information. 

 

Specifically, you shall not share any information provided by other Program/Membership participants outside of the bounds of the Program/Membership unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program/Membership contains Dianah Johnson Coaching’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program/Membership with anyone other than the Dianah Johnson Coaching, it’s owners and employees, and other Program/Membership participants. 

 

Personal Responsibility

 

By participating in the Program/Membership, you accept personal responsibility for the results of your actions. You agree that Dianah Johnson Coaching has not made any guarantees about the results of taking any action, whether recommended in the Program/Membership or not. Dianah Johnson Coaching provides educational and informational resources that are intended to help participants in the Program/Membership succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Dianah Johnson Coaching.

 

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Dianah Johnson Coaching or otherwise - applying the principles included in the Program/Membership are no guarantee that you or any other person or entity will be able to obtain similar results.

 

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program/Membership. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program/Membership.

 

Materials Provided By You During The Program/Membership

 

Dianah Johnson Coaching does not claim ownership of the information or materials You may provide during the Program/Membership (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). 

 

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Dianah Johnson Coaching, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

 

In other words, the Dianah Johnson Coaching has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program/Membership – in the Program/Membership and other marketing material going forward. 

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Dianah Johnson Coaching is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Dianah Johnson Coaching’s sole discretion.

 

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

 

No Warranties

 

The Dianah Johnson Coaching makes no warranties regarding the performance or operation of the Program/Membership, including any technological aspects of the Program/Membership. Dianah Johnson Coaching further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, Program/Memberships, products, books, or services included in or through the Program/Membership. To the fullest extent permissible under the law, the Dianah Johnson Coaching disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

 

Limitation of Liability

 

You agree to absolve and do hereby absolve Dianah Johnson Coaching of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program/Membership and/or any information and resources contained in the Program/Membership. You agree that Dianah Johnson Coaching shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program/Membership.

 

The information, software, products, and service included or available through the Program/Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program/Membership. Dianah Johnson Coaching and/or its suppliers may make improvements and/or changes in the Program/Membership at any time. 

 

Dianah Johnson Coaching and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program/Membership for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Dianah Johnson Coaching and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

 

To the maximum extent permitted by applicable law, in no event shall Dianah Johnson Coaching and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program/Membership, with the delay or inability to use the Program/Membership or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program/Membership, or otherwise arising out of the use of the Program/Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if Dianah Johnson Coaching or any of its suppliers has been advised of the possibility of damages. Because some States/Provinces or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program/Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Program/Membership.

Dispute Resolution

 

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program/Membership. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to [St. John’s, Newfoundland].]

Indemnification

 

You agree to indemnify, defend, and hold harmless Dianah Johnson Coaching, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program/Membership and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dianah Johnson Coaching reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Dianah Johnson Coaching in asserting any available defenses.

 

Termination And Access Restriction

 

Dianah Johnson Coaching reserves the right, in its sole discretion, to terminate your access to the Program/Membership and the related services or any portion thereof at any time, if You become disruptive to Dianah Johnson Coaching or other Program/Membership participants, if You fail to follow the Program/Membership guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

Entire Agreement​

 

This Agreement, along with Dianah Johnson Coaching’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Dianah Johnson Coaching with respect to the Program/Membership, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Dianah Johnson Coaching with respect to the Program/Membership. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

Severability 

 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Waiver

 

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Force Majeure

 

Dianah Johnson Coaching shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Dianah Johnson Coaching including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Effective Date

 

This Agreement shall commence and be enforceable with respect to each Program/Membership participant upon the date that the participant initially registers for the Program/Membership.