Terms of service.
ELIZABETH DEVAUGHN & THE NATURE OF, LLC
Services and Products – Terms And Conditions
This Agreement is made today between Woman Emerging, LLC, a Tennessee Limited Liability Company (the “Company” or “We”), and any person who purchases a product or service via the Elizabeth DeVaughn Website (the “Client” or “You”).
Our Promise
The Company believes in your growth, healing, empowerment, and ability to change your relationship patterns just as much - if not more - than you do. We are so looking forward to working with you and helping you create the life and relationships that satisfy your deepest desires.
The Client is committed to creating or improving your life and relationships through Therapeutic Coaching services, programs, and products via the Elizabeth DeVaughn website.
Accordingly, the parties agree as follows:
Scope of Work
Coaching: The Company will provide Therapeutic Coaching services and programs based on the plan you have purchased. The full details of the Scope of Work are attached to, and by this section are incorporated by reference into, this Agreement as Exhibit A (the “Services”).
Returning to Me: We offer the Online Returning to Me Course, including videos, documents, and other associated content (the “E-Course”) with all Services in some capacity. The extent of Your access to the E-Course with the Services you purchased is defined in Exhibit A. The E-Course Terms of Use and Liability Waiver are attached to, and by this section incorporated by reference into, this Agreement as Exhibit B.
Payment
Payment Methods: The Company accepts payment through merchant accounts on Acuity Scheduling, Stripe, and Paypal.
Payment of Fees: Client shall pay the fees described in Exhibit A (“Fees”), and any other charges described in this Agreement, according to the terms set forth in this Agreement. The client may choose to pay the full amount of the Fee upon execution of this Agreement, any time before the Services begin, or in accordance with a mutually agreed upon payment plan with a deposit of 50% prior to the start of Services. Once payment is executed for any service, product, or program, no refunds shall be given for any reason. Client fully understands and agrees that upon purchase of a coaching program via payment plan, the full payment amount of the Coaching program is due by the end of program timeline, regardless if full program has been used by Client. If for any reason the Client does not pay for entire program, The Company reserves the right to remove any materials or program access.
Monthly Payments: If Your Services include a monthly subscription Fee for a Membership, as may be described in Exhibit A, each month’s Fee must be paid in full on or before the appointed date of the month that aligns with your opt-in date. Failure to pay before this date each month will result in the immediate loss of Your Membership status and termination of this Agreement. We represent that your monthly Fee for the Membership will not increase as long as You continually maintain your Membership and pay Your Fees. If you leave the Membership and wish to return at a later date, You will be required to pay whatever price is currently offered at that time. You fully understand that no refunds are issued for any reason or at any time. Any sessions or additional items purchased as a perk of the membership must either be used, rescheduled or forfeited, as no refunds will be issued at any time or for any reason.
If you wish to opt out of the membership, it is Your responsibility to enter the payment portal and discontinue your membership payments. We represent that if you discontinue your membership payments, you may enjoy the full benefits of the membership through your last paid date of the month, which is the date prior to your opt-in date (i.e., if your recurring payment comes out on the 16th each month, your last membership date would be the 15th of your exit month).
Scheduling and Conduct
Scheduling for 1:1 sessions: Dedication to yourself, the process, and all aspects of “showing up” for the work are essential components to the success of Your desired outcome. Please be respectful the Company’s time, and We will do the same for You. This means being responsive to emails, coming to all sessions on time and attending as many as possible, and giving advanced notice when unable to attend a session. It also means being prepared for all sessions so We can make the highest and best use of our time together. Your scheduled sessions will end no later than 75 minutes after it was scheduled to begin regardless of what time You arrive.
Cancellation Notice for 1:1 sessions: Except for Emergencies, You will be charged the full amount of any Fee, as described in Exhibit A, if You cancel a session within 24 hours of the scheduled session time or if You fail to attend a scheduled session. Company reserves the right to determine, in Company’s sole discretion, what constitutes an “Emergency” for the purposes of this Agreement. You fully understand that all scheduled sessions must either be used, rescheduled or forfeited, as no refunds will be issued at any time or for any reason.
Exclusion: The Company reserves the right to exclude You from the premises or from any activity, program, or membership (any Service), regardless of payment date or investment, if You behave in an offensive or disruptive manner, or in any manner misaligned with the nature of the Service, as the Company may determine in its sole discretion. Further, the Company reserves the right to exclude You from the premises or from any activity, program, or membership if You fail to abide by the current dress code, health rules, or other rules whether imposed by the Company or local, state, or federal governmental agencies. If the Company excludes You from any program, membership, or activity in accordance with this section, You will be deemed to have failed to attend your scheduled session and will still be charged or not refunded any Fee for such scheduled session.
Assumption of Risk: You are aware of the possible risks of participating in the Services, including but not limited to using equipment that We own or provide, and assume all risks, known or unknown, foreseeable and unforeseeable, in any way connected with Your participation in the Services. You accept personal responsibility for any liability, injury (including death), loss, or damage in any way connected with Your participation in Services provided by the Company. This section shall survive the expiration or earlier termination of this Agreement.
Term and Termination: The Term of this Agreement begins on execution of this Agreement and will end automatically upon completion of the Services as described in Exhibit A unless earlier terminated in accordance with this Agreement. Otherwise, the Company reserves the right to terminate this Agreement, in the Company’s sole discretion, if at any point the Company feels it is not advantageous for the Client to continue Services. If this happens, the Client will receive no refunds for money already paid.
Confidentiality and Intellectual Property
Confidentiality: We value your trust and respect Your right to privacy and confidentiality. Except as provided by this section, We will not use or disclose any of Your Confidential Information without Your consent. For purposes of this Agreement, “Confidential Information” includes any information You disclose to Company in the course of our work together. It does not include information that (1) is or becomes available to the general public, (2) is already known to Company before you disclose it, or (3) that We rightfully receive from a third party. The Company may disclose the Client’s Confidential Information without Clients consent under the following circumstances:
Child Abuse. If the Company has a reasonable cause to believe that a child has been abused, neglected, or exploited, then the Company is legally obligated to report that belief to the appropriate authority.
Adult of Domestic Abuse. If the Company has a reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person, other than by accidental means, or has been neglected or exploited, then the Company must report that belief to the appropriate authorities.
Serious Threat to Health or Safety. If the Company has a reasonable cause to believe that Client presents a serious danger of violence to Client’s person or another, then the Company may disclose information in order to provide protection against such danger for Client or the intended victim.
Any personal testimonial or share that The Client discloses in written form on any of The Company’s coaching platforms becomes the sole property of The Company, and The Company reserves the right to share such testimonials for marketing purposes, however The Company will never share identifying information without The Client’s explicit, written permission.
This section shall survive the expiration or earlier termination of this Agreement.
Intellectual Property Provided: All Materials We provide to You, whether they are eligible for copyright or other intellectual property right protection, are for Your use only and You may not share, copy, distribute, or otherwise disseminate the Materials without Company’s prior written consent. Nothing in this Agreement gives You a license to copy, distribute, trade, re-sell, or otherwise exploit any materials for any commercial or non-commercial purpose. If You breach any provision of this section, You understand that such breach will cause irreparable harm to the Company. Further You authorize Company to enforce any relief, including injunctive relief, to prevent or cure Your breach of this section. Company may terminate Your access to the E-Course if it determines, in its sole discretion, that You breached any term of this section. For purposes of this Agreement, “Materials” includes, but is not limited to, the E-Course, and any other intellectual property in digital or paper form, trade secrets, processes, techniques, and procedures. This section shall survive the expiration or earlier termination of this Agreement.
Intellectual Property Contributed: If You make any contribution, revision, removal, alteration, or improvement (each a “Change”) to any of the Materials which results in You owning a copyright interest in those Changes, then by executing this Agreement you assign to Company, for no additional consideration, all your rights, including copyrights, in all Changes or works prepared by you under this Agreement. You will promptly sign and deliver any documents and take any actions that We reasonably request to establish and perfect the rights assigned to Company under this provision. If You are unwilling to sign any further documents necessary to convey the rights set forth in this provision, then by this provision You appoint Company as your attorney-in-fact with power of substitution. This section shall survive the expiration or earlier termination of this Agreement.
Disclaimers
Scope of Services: The Services provided under this Agreement do not include providing physical or mental health care or medical or clinical mental therapy services. Nor do the Services include diagnosing, treating, or curing any disease, condition or other physical or mental ailment of the human body. Rather, We act as a mentor and guide, trained in psychotherapeutic containers and modalities to help clients reach their own goals within a non-clinical coaching container by helping clients devise and implement positive, sustainable lifestyle changes. Client understands and acknowledges that the Company is not acting in the capacity of a doctor, licensed psychologist, therapist, psychiatrist, or other licensed or registered professional, and that any advice given by the Company is not meant to take the place of advice by the aforementioned professionals or other related professionals. The Client has chosen to work with the Company and understands that the information received should not be seen as medical or clinical advice and is not meant to take the place of licensed health professionals. The Company is in no way or capacity available to The Client nor able to assist The Client within an emergency or healthcare crisis situation. This section shall survive the expiration or earlier termination of this Agreement.
Variance and Results: We are committed to helping You achieve Your goals, but You are solely responsible for Your progress and results from the Services. We have made every effort to accurately represent the Services, but ultimately, Your participation, commitment, and success within the program are up to You completely. We make no representations, warranties, or guarantees regarding performance other than those specifically written in this Agreement. Because of the nature of the Services, the results experienced by clients vary significantly. You accept responsibility for this variance. We are not responsible for any decisions You make as a result of the Services, or for any consequences of those decisions, as the case may be. This section shall survive the expiration or earlier termination of this Agreement.
WE DISCLAIM ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE
Miscellaneous
Governing Law: This Agreement and all questions arising under it or related to it shall be determined in accordance with the laws of Tennessee.
Arbitration and Limited Remedies: If a dispute arises out of or related to this Agreement or otherwise pertaining to the relationship between the Company and the Client, the Company and Client shall submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. THE SOLE REMEDY THAT CAN BE AWARDED TO THE CLIENT IN THE EVENT THAT AN AWARD IS GRANTED IN ARBITRATION IS A REFUND OF FEES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO AWARD OF CONSEQUENTIAL OR OTHER DAMAGES, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT, MAY BE GRANTED TO THE CLIENT. In the event the Company is found to be the prevailing party by the arbitrator(s), then the Company shall be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the arbitration or other legal action, including attorney’s fees.
Entire Agreement: This Agreement constitutes the entire agreement between You and the Company. No prior or contemporaneous oral or written agreements, understandings, or negotiations shall bind either You or the Company unless expressly included in this Agreement.
Modification: This Agreement cannot be modified unless in writing signed by both parties.
Waiver: The waiver by either party of a breach or default of any provision of this Agreement does not constitute a waiver of any subsequent or other breach or default. No failure to or delay to exercise any right(s) either party may have with respect to this Agreement shall prevent the exercise of such right(s) by such party at any time the other party continues to be in breach or default, and no such failure or delay shall operate as a waiver of any default.
Binding Effect: This Agreement shall inure to the benefit of and shall be binding upon the parties, their successors, and their permitted assigns.
Assignment: Neither this Agreement nor any right or obligation under this Agreement may be assigned or delegated by any party without the prior written consent of the other party and any attempt to do so in violation of this section will be void.
Severability: If any term or provision of this Agreement is held to be void or unenforceable, that term or provision will be severed from this Agreement, the balance of the Agreement will survive, and the balance of this Agreement will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this Agreement.
Captions: The captions used in this Agreement are for the convenience of the parties only and will not be interpreted to enlarge, contract, or alter the terms and provisions of this Agreement.
Survival: No provision will survive the expiration or earlier termination of this Agreement unless expressly provided.
Purchase of any Woman Emerging, LLC product, program, or service signifies that You understand and agree to all terms set forth in this Agreement.
EXHIBIT A
SCOPE OF WORK
We are so looking forward to working with you and helping you create the life and relationships that satisfy your deepest desires.
Any live program, intensive program, membership, or individual sessions that We offer include Therapeutic Coaching, which includes a blend of non-clinical trauma-informed therapeutic techniques, intuitive healing methods, coaching, education, consulting, and somatic healing methods.
The Company’s membership, The Queen’s Quarters, includes: Live group coaching calls, private Facebook group exclusive to members, coaching support via Facebook live videos and posts, expert guest speakers and workshops, lifetime access to the Returning to Me E-course, 22% discount on the regular rate of individual sessions, discounts to other services offered by the Company at the Company’s sole discretion, and a membership newsletter.
Fees: $249 per month, to be paid on or before Your scheduled monthly due date.
Or, $1419 every six months, to be paid on or before Your scheduled due date.
Or, $2659 yearly, to be paid on or before Your scheduled due date.
All individual sessions scheduled as a perk of the membership must be used while The Client is an active, paying member. Any individual sessions, free or paid, scheduled outside of Client’s active membership will be cancelled with no refund.
If the Company needs to cancel an individual session for any reason while client is an active, paying member, the Company will allow the Client to reschedule the individual session outside of the membership if the Client soon after terminates their membership subscription. The rescheduled session must occur within 90 days of the cancelled session. If the Client cancels the rescheduled session for any reason, the individual session will no longer be honored if client is not an active, paying member at the time of cancellation.
If Client signs up for a promotional membership subscription that includes special offers, those promotional offers are only valid while Client is an active, paying member. As soon as Client’s membership terminates at the end of the paid period, all promotional services become void. Client may re-enter the membership, based on Company’s sole discretion and membership availability, and only current, if any, promotional offers will stand at the date of re-subscription.
The Company’s individual sessions include: Individually scheduled healing, coaching, or consulting sessions that may last in duration up to 75 minutes per session.
Fees: For Elizabeth DeVaughn, $239 per session.
The Company’s 12-week intensive program, The Warrioress, includes: Live group coaching calls, private Facebook group exclusive to members, coaching support via Facebook live videos and posts, individual coaching support Monday through Thursday of each week via any of the following platforms: email, text, Marco Polo app, or WhatsApp app, lifetime access to the Returning to Me E-course, one individual healing session, two individual healing sessions upon program payment in full, 22% discount on the regular rate of any other scheduled individual sessions, and discounts to other services offered by the Company at the Company’s sole discretion.
Fees: $2,999 for the 12-week program. If You are paying in full, the full payment amount is due on or before the first date of the program. If You are engaging in a mutually agreed upon, between You and the Company, payment program, Your 50% deposit is due on or before the first date of the program. Full Program payment must be paid by Client by the end of Program timeline regardless of Program utilization by client.
The Company’s 12-week intensive individual program, The Empress, includes: Live individual coaching calls, full access to the Company’s Membership, The Queen’s Quarters, individual coaching support Monday through Thursday of each week via any of the following platforms: email, text, Marco Polo app, or WhatsApp app.
Fees: $9,000 for the 12-week program. If You are paying in full, the full payment amount is due on or before the first date of the program. If You are engaging in a mutually agreed upon, between You and the Company, payment program, Your 50% deposit is due on or before the first date of the program. Full Program payment must be paid by Client by the end of Program timeline regardless of Program utilization by client.
The Company’s 6-month intensive couples program, The Chalice, includes: Live individual coaching sessions, live couples sessions, option to receive full access to The Company’s membership, The Queen’s Quarters, for an additional $100 per month, and individual coaching support Monday through Thursday of each week via any of the following platforms: email, text, Marco Polo app, or WhatsApp app. Couples program includes a total of 18 live coaching sessions; Client may decide how many of those live sessions shall be individual sessions and how many shall be couples sessions, as Client resumes full responsibility for scheduling all sessions in accordance with the goals of the couple.
Fees: $6,600 for the 6-month program. If You are paying in full, the full payment amount is due on or before the first date of the program. If You are engaging in a mutually agreed upon, between You and the Company, payment program, Your 50% deposit is due on or before the first date of the program. Full Program payment must be paid by Client by the end of Program timeline regardless of Program utilization by client. Any unused sessions, materials or resources must be forfeited by the last date of the program.
The Company’s live course, The Priestess, includes: Live group coaching calls, private Facebook group exclusive to members, coaching support via Facebook live videos and posts, lifetime access to the Returning to Me E-course, and 11% discount on the regular rate of individual sessions.
Fees: $277, or various early-registration offers, to be paid in full upon registration.
EXHIBIT B
RETURNING TO ME TERMS OF USE AND LIABILITY WAIVER
This Returning to Me E-course and its videos, documents, and other associated content (collectively the “E-course”) has been produced by Woman Emerging, LLC. When You purchase the E-course, You agree to this Terms of Use and Liability Waiver (“T&C”). Terms not defined in these T&C have the meanings given to them in the Coaching Agreement.
All sales are final for online E-courses. No refunds are issued for online courses once a sale is completed. The supplies and props used for any exercises instructed are not included in the purchasing price of the E-course.
The information in the E-course is for educational purposes only and is not intended to provide a clinical diagnosis or substitute for clinical mental health care. The exercises in our E-course are intended for people who desire to improve relationship health and emotional wellness within self. We make no representations, guarantees, or warranties that the information or exercises in the E-course are appropriate for You or will result in improvement of Your relationship health or mental health. The information in the E-course is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues. The information and instruction in this E-course is not intended to be “clinical therapy” or clinical mental health advice, and participation in this E-course does not constitute or create any type of clinical therapeutic relationship between you and Woman Emerging, LLC. Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems.
Before you begin any exercises within the E-course, You should get medical clearance from your physician or physical therapist if you have any medical conditions, diseases, injuries, or disabilities. By purchasing this E-course and embarking on the exercises within it, You assume the risk that the exercises may not be appropriate for you and may cause an increase of your current symptoms.
The E-course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The E-course is intended solely for users who are at least age 18 years of age or older. Any use of or access to our E-course by anyone under 18, is unauthorized, unlicensed, and in breach of these Terms of Use. By purchasing the E-course, You represent and warrant that You are 18 years or older and that You agree to and to abide by all of the terms and conditions of this T&C. Woman Emerging, LLC has the sole right and discretion to determine whether to sell the E-course to any individual and may reject a purchase by any individual with or without explanation.
When You complete the purchase process, You will receive a password that will allow You to access the E-Course. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from Your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of Your password or any other breach of security.
THE CONTENT PROVIDED IN THE E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, THE E-COURSE, AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WOMAN EMERGING , LLC HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR CONTENT. WOMAN EMERGING, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, E-COURSE, OR CONTENT. WOMAN EMERGING, LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL ELIZABETH DEVAUGHN OR HER CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELIZABETH DEVAUGHN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this T&C be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.