TERMS OF PURCHASE
 

Korynn Elliott | The Zen Femme

By clicking “Buy Now,” “Purchase,” “Pay Now,” or any other phrase or number on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Korynn Elliott (“Coach" or "Service-Provider”), acting on behalf of Zen Femme (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS.

(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Services (“Program/Course”).
(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website, korynnelliott.com (thezenfemme.com, ilovehumandesign.com, femininehumandesign.com, or herhumandesign.com), as part of the Program.
(c) Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
(d) Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.   
(e) Coach reserves the right to remove Client from Program at any time for any reason.
(f) The Program includes the following:    

1. Access to the expertise of the Coach as described on the sales page. 
2. Access to any materials assigned by the Coach as described on the sales page.

2. METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.  

3. DISCLAIMERS. By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and his/her services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as psychological counseling or any other type of therapy, medical, or professional advice. 

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.

The Coach may provide Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs, courses, and/or services. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.

4. PAYMENT AND REFUND POLICY. 

(a) Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount. 

(b) COACH DOES NOT OFFER REFUNDS to ensure that clients are fully committed to the Program. 

(c) If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).  

(d) Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client.

(e) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to membership site, modules, materials, and coaching calls. If Client has not paid within fourteen (14) days, Coach has the right to terminate agreement.

5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.

6. RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.

7. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

8. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

9. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

10. LIMITATION OF LIABILITY. By using Korynn Elliott and Zen Femme services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.

11. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Honolulu, Hawaii or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, within The United States of America, regardless of the conflict of laws principles thereof. 

13. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

 

Korynn Elliott | The Zen Femme

PRIVATE SERVICES AGREEMENT

This agreement (“Agreement”) is made between and among Korynn Elliott, hereafter referred to as “the Service Provider,” owner of The Zen Femme, and Client, hereafter referred to as the “Client.”

THEREFORE, the Service Provider and the Client agree as follows:

1.    TERMS.

a.    During the terms of this Agreement, the Service Provider agrees to provide consultations in accordance with the specific services set forth in the Package as outlined on the sales page for services.

b.    The services to be provided by the Service Provider to the Client are private coaching and/or mentorship.

c.     Service Provider and Client agree upon the Package through which consultations, preparation, and follow-up work (if necessary) are conducted.  Dates and location are chosen collaboratively and adhered to upon signing the agreement.

d.    Client agrees to cancel or reschedule a session more than 24 hours prior to scheduled session. If client does not reschedule prior to this time and does not show up for session within 10 minutes after the hour of the scheduled session time, that session will be forfeited.

2.    PAYMENT.

a.    The Client will make payment via website or other agreed upon method as outlined on the sales page.

b.    So that Client is fully invested in this Package, no refunds will be issued.

c.     Credit Card Authorization (if applicable for payment plan).  Each Party hereto acknowledges that Service Provider will charge the credit card chosen by the Client on the dates and for the amounts specified in writing. No sessions will be held until payment is made and if payment due is not paid within seven (7) days of due date, Client forfeits any remaining sessions.

3.    DISCLAIMERS. By participating in services, and/or consulting, Client acknowledges that Korynn Elliott is not a psychologist, therapist, medical doctor, attorney, or financial advisor, and services do not replace the care of other professionals. Services are in no way to be construed or substituted as medical, psychological counseling or any other type of therapy or advice.

The Service Provider may provide the Client with information relating to products that the Service Provider believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Service Provider is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided.

The Service Provider may provide Client with third-party recommendations for services. Client agrees that these are only recommendations and the Service Provider will not be held liable for the services provided by any third-party to the Client. The Service Provider is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Service Provider’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Service Provider’s programs and/or services. Client acknowledges that Service Provider has not and does not make any representations as to the future outcome of any kind that may be derived as a result of use of Service Provider’s website, programs, products or services.

4.    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 either party during discussions, sessions, or otherwise. Client acknowledges that Service Provider may share confidential information with Service Provider’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement.  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 date of purchase shall survive the termination, revocation, or expiration of this Agreement.

5.    RECORDING OF CALLS. Client acknowledges that calls may (or may not) be recorded for purposes of fulfilling this Agreement.

6.    INTELLECTUAL PROPERTY RIGHTS. In respect of the Materials specifically created for the Client as part of this Agreement, the Service Provider maintains all of the copyright, other intellectual property rights and any other data or Material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Service Provider to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Service Provider to provide the Services and the products, systems, programs or processes, produced by the Service Provider pursuant to this Agreement.

7.    RELATIONSHIP OF PARTIES. It is understood by the parties that Service Provider is an independent contractor with respect to the Client and not an employee. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Service Provider.

8.    DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Service Provider under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.

9.    INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.

10. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Service Provider or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

11. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Honolulu, Hawaii  or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Honolulu, Hawaii, regardless of the conflict of laws principles thereof.

13. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.

14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Service Provider.