DREAM Terms and Conditions

TERMS OF PURCHASE AGREEMENT

CLIENT AGREEMENT

This Client Agreement (the “Agreement”), is made by and between Elke Feuer LLC (hereafter known as “Company” or “Coach”), and Client, (hereafter known as “Client”, and collectively, the “Parties”) effective immediately upon purchase of (Create Your Dream Fiction Writing Life).

WHEREAS, Company Elke Feuer LLC provides (“Services”); and

WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services.

NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:

SERVICES.

Company agrees to provide "Create Your Dream Writing Life" (herein referred to as “Coaching”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Coaching.

DISCLAIMER.

Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. 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 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. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.

NON-DISPARAGEMENT.

Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

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.

COACHING STRUCTURE.

Coaching Includes:

1-3 scheduled days to complete all 5 components of the Create Your Fiction Dream Life Coaching
Private FB Group
2 - 30 minute follow-up sessions
Workbook to complete learning exercises during the coaching sessions
Applicable resources to compliment the 5 components.

The Company may add bonuses, lessons and trainings which are at the sole discretion of the Company.

Company’s requests for Client’s participation in the Coaching:

Be on time and prepared for all appointments.
Be honest and participate fully.
Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
Make a commitment to the action plans you create, and do what you have agreed to do, operate with integrity.
Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful.
If at any point you are unhappy with the service or any aspect of the service, please communicate that with Elke directly.
Be respectful to all group members. The Company Reserves the right to remove group participation at its sole discretion. In such a case, the client is still financially responsible for the Caching.
Client & Company agree to keep all information that is discussed in the coaching calls private.

TERM.

This Coaching is for 8 hours (spread over 1-3 days) after the purchase date (“Term”). Client understands that a relationship with the Company does not exist between the Parties after the conclusion of the Coaching. If the Parties desire to continue their relationship, a separate agreement will be entered into.

TERMINATION.

Company is committed to providing all clients in the Coaching with a positive experience. The client may not terminate this agreement.

PAYMENT.

Client grants the Company the authority to charge the card(s) through Stripe or PayPal and agrees to pay in full. If a payment does not process and is not resolved within 2 weeks of the payment request the company reserves the right to charge a 2.5% penalty fee per week. If payment is still not received, the company reserves the right to send the remaining balance to a third party collection agency and/or take legal action. The Company is not responsible for any effects this may have on the Client’s credit history.

REFUNDS.

Client is responsible for full payment of fees for the entire Coaching, regardless of whether Client completes the Coaching. No refunds will be issued. If a third party chargeback occurs, the company reserves the right to take legal action to collect the funds. The client accepts responsibility for any legal fees that may be accrued in this process.

CONFIDENTIALITY.

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by any party in the group during discussions, Or otherwise, throughout the Term of this Coaching (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.

COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.

Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.

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 is strictly prohibited.

Company’s coaching is the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s coaching 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 purchasing, 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.

INDEMNIFICATION.

GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, regardless of the conflict of laws principles thereof.

ENTIRE AGREEMENT; AMENDMENT; HEADINGS.

This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or 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.

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.

CLIENT RESPONSIBILITY; NO GUARANTEES.

Client accepts and agrees that Client is 100% responsible for its progress and results from the Coaching. Company will help and guide Client; however, participation is the one vital element to the Coaching’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the coaching and extent, the results experienced by each client may significantly vary. By purchasing the coaching 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 the Coaching and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Coaching shall be provided to the Client in accordance with the terms of this Agreement. Client acknowledges that Company cannot guarantee any results for publicity as such outcomes are based on subjective factors that cannot be controlled by Company.