Terms & Conditions
The websites http://emilyannpeterson.com, https://resiliencepro.co, http://schoolofbravery.com, http://songwritingcompetitions.com, http://emilyannspeaks.com, http://celloyogamusic.com are owned and operated by EAP Holdings, LLC, a Wyoming Limited Liability Company, registered with Wyoming Secretary of State. Our mailing address is PO Box 160404, Nashville, TN 37216.
You must be at least sixteen years of age to use our websites. Use of these websites is at your own risk. We host our sites on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.
Intellectual Property Notice
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Emily Ann Peterson or EAP Holdings, LLC, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may NOT use our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from our site to any third-party website including social media. We have spent lots of time and money building the intellectual property located on this site and in order to maintain the integrity of it, we cannot allow any third-party use.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at email@example.com
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
Refunds & Payment Collection
We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too. Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. EAP Holdings, LLC reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date.
$100 due March 1
$101.50 due March 15
$103.03 due March 16
Sent to Collections April 15
After 30 days of outstanding payment, EAP Holdings, LLC reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
Law and Jurisdiction
By using our website, you hereby consent to our Terms and Conditions of Use.
Information That We Collect
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
Derivative Data: Derivative data is information that our servers automatically collect about you when you access our websites, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
How We Use Your Information
Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third-party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app).
Specifically, we may use the information and data described above to:
- Create and administer your account; and
- Deliver any products or services purchased by you to you; and
- Correspond with you; and
- Process payments or refunds; and
- Contact you about new offerings that we think you will be interested in; and
- Interact with you via social media; and
- Send you a newsletter or other updates about our company or website; and
- Deliver targeted advertising; and
- Request feedback from you; and
- Notify you of updates to our product and service offerings; and
- Resolve disputes and troubleshoot any problems; and
- Administer contests or giveaways; and
- Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and
- Compile anonymous statistical data for our own use or for a third-party’s use; and
- Assist law enforcement as necessary; and
- Prevent fraudulent activity on our website or mobile app; and
- Analyze trends to improve our website and offerings.
Why We Disclose Your Information
The following are specific reasons why we may share your information.
Third-Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third Party Processing” Section below.
By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and avoid credit risks.
To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or exercise or defend against legal claims.
Advertisers: We may use third-party advertising companies to run and manage our ads, such as Facebook to produce ads that appear when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of, such other advertisers or websites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt out of certain practices.
Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.
Interaction with others: If you interact with others on our website or mobile apps, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our websites, such as prior comments or posts.
Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and different methods than we do.
Other purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.
Cookies, Log Files and Web Beacons: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track users’ movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Processing Your Information
For the most part, we do not process your information in-house but give it to third-party processors for processing. For example, when PayPal takes your payment information, they are a third-party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third-party processor, as we do not have the capability to perform these functions. More detail on third-party processing is detailed below.
However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:
- Data associated with your accounts, such as your name, address, email address, and payment information
- Data about your usage of our website, such as your IP address, geographical information, how long you accessed our website, and what you viewed.
- Data related to your personal profile, such as your name, address, profile picture, interests, and hobbies, or employment details.
- Data that you provide us in the course of using our services.
- Data that you post on our website, such as comments or responses to blogs.
- Data that you submit to us when you make an inquiry regarding our website or offerings.
- Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
- Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
- Data that you submit to us via correspondence, such as when you email us with questions.
- Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.
Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at https://www.privacyshield.gov/welcome.
We use website hosting servers/third-party processors/subcontractors located in the United States and European Union has received an Adequacy Determination from the European Commission, meaning that appropriate safeguards are in place to protect data once it is transferred to that country.
We retain personal data as long as it is needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
Security of Your Information
We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee the complete security of any information you transmit to us.
We will notify you of promptly any known breach of our security systems or your data that might expose you to serious risk.
This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.
You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at firstname.lastname@example.org.
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third-party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, it is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in termination of your account with us and you may have limited or no use of our website.
Emails And Communications: You may opt-out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at email@example.com.
Marketing Communications: You may opt-out of receiving any third-party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at firstname.lastname@example.org.
Processing: You may, in some circumstances, restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third-party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note, however that doing so may result in the termination of your account and loss of access to our website.
California Privacy Rights
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third-party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request the removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.
If you expressly or implicitly carry out, in any form, discriminatory ideas or acts, then We reserve the right to immediately terminate Your use of Our website(s), courses, system, products, services and/or any other offerings, paid or unpaid, that We provide. You will not be eligible for a credit, refund or any other compensation from Us. We will make a reasonable effort to inform You why Your access was terminated without compensation.
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
Law and Jurisdiction
Collectively, EAP Holdings, LLC (PO Box 160404 — Nashville, TN 37216; email@example.com) known as “Peterson Resilience Consulting”, “PRC”, or “Coach” and customers of said business (known as “Clients” or “Client”) entering this Agreement will be referred to as the “Parties”.
Client wishes to hire Peterson Resilience Consulting to provide services relating to Client’s coaching needs, as detailed in this Agreement. Peterson Resilience Consulting has agreed to provide such services according to the terms of this Agreement.
Right to DIGNITY & RESPECT.
Clients have a right to the same consideration and treatment as anyone, regardless of sex, gender, race, religion, color, economic status, age, sexual preference or beliefs. Clients can expect that all community members and Peterson Resilience Consulting staff will adhere to the professional code of ethics and standards of conduct for their respective disciplines.
If you expressly or implicitly carry out, in any form, discriminatory ideas or acts, then We reserve the right to immediately terminate Your use of PRC website(s), courses, system, products, services and/or any other offerings, paid or unpaid, that We provide. You will not be eligible for a credit, refund, or any other compensation from PRC. We will make a reasonable effort to inform clients why access was terminated without compensation.
Client agrees not to expressly or implicitly carry out, in any form, discriminatory ideas or acts during their work with PRC. If Client violates this material provision, then the Company can terminate this Agreement immediately upon learning of such ideas or acts, without any further delivery of Services. PRC has the discretion to request any unpaid balance be paid immediately upon such a termination, and Client agrees to forfeit any outstanding work and pay the outstanding balance within 14 days of such a termination.
Right to PROFESSIONAL & QUALITY SERVICES.
Peterson Resilience Consulting will make every effort to provide clients with considerate and respectful care. Peterson Resilience Consulting’s goal is to serve our clients in the most helpful way possible.
Subcontractors; Peterson Resilience Consulting and any related subcontractors are not employees, partners, or members of a client’s company or organization. Peterson Resilience Consulting has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. Peterson Resilience Consulting has the right to hire assistants, subcontractors, or employees to provide clients with its Services. Parties are individually and separately responsible for their own business operations and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations, or permits. Clients are not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Peterson Resilience Consulting.
Reasonable Expectations and Efforts; Clients agree to having spent a satisfactory amount of time reviewing Peterson Resilience Consulting’s work or past client reviews and have a reasonable expectation that Peterson Resilience Consulting’s Services will produce a reasonably similar outcome and result for Client. Peterson Resilience Consulting will use reasonable efforts to ensure Client Services are carried out in a style and manner consistent with Peterson Resilience Consulting’s current services, and Peterson Resilience Consulting will try to incorporate any suggestions clients make. However, Client understands and agrees that: every client and final delivery or outcome is different, with different tastes, personal history, budgets, and needs; Peterson Resilience Consulting’s Services are a subjective service and PRC is a provider with a unique vision, with an ever-evolving style and technique; Peterson Resilience Consulting will use its personal judgment to create favorable results for each client, which may not include strict adherence to client suggestions; Dissatisfaction with Peterson Resilience Consulting’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
Subscription Payments; Peterson Resilience Consulting provides Clients with the services corresponding to the product purchased. If the product purchased is paid for on on a monthly or annual basis (“Services”), then the total cost (“Total Cost”) for all Services is due in full every 30 days and recurrently charged to the payment method on file. Client retains access to their account on Peterson Resilience Consulting website for the duration of their subscription. Peterson Resilience Consulting’s payment processor will make 4 attempts to charge the Client’s payment method on file. If after that 4th attempt, Client’s account is still unpaid then Peterson Resilience Consulting reserves the right to cancel the Client’s services.
Default Hourly Rate; Peterson Resilience Consulting’s default hourly rate is $250 per each hour spent on Client’s Services beyond the allotted amount of time purchased or unless otherwise listed on Peterson Resilience Consulting's website (https://resiliencepro.co). If any additional expenses are incurred by Peterson Resilience Consulting while providing Client with Services, an invoice will be issued to Client in a timely manner. Client is responsible for paying for and delivering any third-party software licenses, or products Client wishes Peterson Resilience Consulting to utilize within a timely manner. Whenever possible, at Peterson Resilience Consulting’s discretion, reasonable efforts will be made to integrate Client’s suggested software or products.
Right to SAFETY.
Peterson Resilience Consulting will make every attempt to reduce harm and create an environment of care. Examples of this include:
- Unless otherwise mentioned, video replays of group events or workshops are not available to anyone.
- At times, information will be shared amongst staff members when necessary to provide quality service to Clients. Exceptions to this would include a suspected threat to physical, emotional, or mental safety against you, another adult, or child. In case of these emergencies, we reserve the right to contact local authorities.
- If client participates in an online forum hosted on Peterson Resilience Consulting website, anything discussed in this forum is not visible by a search engine. Our staff reserves the right to remove anything in an online forum that is in conflict with the safety, rights, and responsibilities of our clients.
- Peterson Resilience Consulting will not publicly share any information about Clients without that client’s verbal or written permission.
Concerns About Your Safety; Due to the nature of services provided, Peterson Resilience Consulting cannot guarantee complete safety for Client. It is a client's responsibility to notify Peterson Resilience Consulting if they have concerns about their safety and or they believe their physical, mental, or emotional safety is at risk. Discuss this frankly with us in a scheduled coaching call or send an email to firstname.lastname@example.org. Our respect for you and your life requires that we want to make accommodations and notify others if we learn of potentially life-threatening situations.
COVID-19. In this difficult time, Peterson Resilience Consulting is taking extra precautions to protect the health and safety of our clients, employees, contractors, sub-contractors, and related parties to all of the above. We are staying reasonably up to date with current CDC guidelines and protections regarding COVID-19 and the novel Coronavirus it produces. We kindly request you do the same. If you or anyone in your party are experiencing any of the following symptoms, or any new symptoms as they become known, you must let us know that you need to reschedule your Service(s) due to COVID-19-related reasons. It is not necessary for us to know what symptoms or specifics you are experiencing. For the purposes of working together, compromised conditions and symptoms of COVID-19 and the novel coronavirus it causes are:
- Fever within the past 14 days
- Fatigue within the past 14 days
- Respiratory Difficulties, including trouble breathing and a dry cough, within the past 14 days
- Blood clots within the past 14 days
- Vascular issues similar or consistent with a heart attack within the past 14 days
- Hospitalization due to suspected coronavirus infection within the past 14 days
- Confirmed diagnosis of Coronavirus within the past 14 days
- Travel within the past 30 days to a COVID-19 “hot spot”
Any party members participating in the Service(s), agree and assume the risk of participating in the Service(s) as agreed upon in our original agreement and any related and binding amendments or addendums. Parties cannot be held liable for any confirmed or suspected coronavirus infection that occurs within the month following service(s) provided due to the inherently unknown origin of any given case. Peterson Resilience Consulting is taking the following enhanced precautions until further notice:
- Wearing cloth masks or facial coverings over the nose and mouth in crowded public areas
- Maintaining a social distance of six feet away from other people, including clients
- Conducting as many Service(s) meetings virtually Zoom or Google Hangouts
- If sessions occur in person, parties will meet at an outdoor location to maximize air-flow
- Cutting session times down to reduce the exposure time between people
Each party agrees to all statements above and releases PRC from any and all liability for intentional or unintentional exposure or harm due to COVID-19 and the coronavirus it produces.
Right to MUTUAL CONFIDENTIALITY.
Strict Confidence; Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies, to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential, including but not limited to, personal history, intellectual property, inventions, trade secrets or information, financial data, or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement. Further, at all times, neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Parties in whatever form to any parties outside of Peterson Resilience Consulting.
Amendments; Parties may agree to amendments to this confidentiality. Instances of this might include but are not limited to approving the use of a client testimonial or signing a Release of Information to permit sharing of information with the client’s mental health practitioner.
Exceptions; This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorization of the disclosing Party, or is independently developed by either Party without prior knowledge of privileged or Confidential Information.
Right to NON-DISPARAGEMENT.
Peterson Resilience Consulting and its’ clients mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
Right to CANCELLATIONS & RESCHEDULES.
Scheduling & Rescheduling; Clients are responsible for attending and/or scheduling live events or services, (i.e. coaching calls). Clients are responsible for scheduling their private coaching calls to occur within the month of their Service. Clients may reschedule private coaching services with at least 48 hours Notice. Providing Notice will not relieve clients of any currently outstanding payment obligations. Peterson Resilience Consulting has no obligation to fulfill or attempt to schedule or re-book Services to make up for the Client’s failure to schedule, cancel, or reschedule.
Canceling Services; If a client desires to cancel the Services of Peterson Resilience Consulting for any reason at any time, then clients shall provide at least 48 hours' Notice to Peterson Resilience Consulting by emailing email@example.com in order to cancel this agreement and close their client account.
Refunds; Peterson Resilience Consulting will not be obligated to refund any portion of monies Client has previously paid to Peterson Resilience Consulting. If Peterson Resilience Consulting is unable to re-book further services on or before the Service’s final delivery date, (typically by end-of-business on the last business day of each month) Client may be issued a credit for future services with Peterson Resilience Consulting at Peterson Resilience Consulting’s discretion. In the event Peterson Resilience Consulting cannot or will not perform its obligations in any or all parts of this Agreement, Peterson Resilience Consulting (or a responsible party) will immediately give Notice to Client, and at Peterson Resilience Consulting’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of Peterson Resilience Consulting, no reasonable substitute is found, Peterson Resilience Consulting shall excuse Client of further performance obligations in this Agreement.
Disastrous Occurrences; Notwithstanding the above, either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the Services provided in this Agreement, including
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation);
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not);
- Any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Right to UNDERSTAND & BE INFORMED.
Asking for Clarification; Clients are responsible for asking for clarification. Newsletters and event reminders are sent to the email address in your client account. We recommend adding firstname.lastname@example.org to your contacts, so those don’t go to your spam folder. If there is a change to the event calendar, staffing, private coaching calendar, communication methods, or delivery of service, parties shall provide effective notice (“Notice”) to each other at the date and time in which the Notice is sent.
Communication: When necessary, Clients must respond to any communication within a reasonable amount of time. If Clients fail to respond to Peterson Resilience Consulting within 14 days for feedback or any other specific request(s), it is within Peterson Resilience Consulting’s discretion to delay or cancel a Client’s Services.
Email: Peterson Resilience Consulting’s email - email@example.com; Client’s email - provided upon enrollment. Mail: Peterson Resilience Consulting’s Address - PO Box 160404, Nashville, TN 37216; Client’s Address(es) - provided upon enrollment.
Disagreements or Dissatisfaction; Clients are responsible for communicating disagreements or dissatisfaction in a timely manner. We value your personal agency, perspective, and opinion. We want to hear your feedback and constructive criticism. If a client doesn’t agree with something mentioned in a group event or private coaching session, they are to bring it to attention in a timely manner so PRC can discuss the challenge or point of friction. PRC cannot make changes or seek solutions if it doesn’t know about the need for them.
Accuracy; Clients agree that the accuracy of information supplied to PRC is the sole responsibility of each Client and that PRC is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete, or untruthful information provided by the client. Clients assume full responsibility for final deliverable(s) provided, final proofing, and accuracy.
Disputes; Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
Right to INTELLECTUAL PROPERTY
Copyrights; In the event that any copyrighted work(s) are created or shared as a result of the products or services provided by Parties in accordance with this Agreement, the contributing Party owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered.
Products; Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Party who creates the materials and may be used in the reasonable course of each Party’s business going forward.
Trademarks; Additionally, any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
Non-Exclusive License(s); Peterson Resilience Consulting grants its clients a non-exclusive license of product(s) produced with and for personal use only so long as Clients provide Peterson Resilience Consulting and/or Emily Ann Peterson with attribution reasonably visible on primary or related course materials or marketing collateral. In no event are clients allowed to share Peterson Resilience Consulting materials with any third party without express prior written permission.
For example, if Peterson Resilience Consulting shares a spreadsheet that a client utilizes, the client may not share, distribute, sell, or otherwise enjoy the privileges of said spreadsheet and copyrighted material contained within the spreadsheet.
Right to a LIMIT OF LIABILITY.
Clients agree that the maximum amount of damages they are entitled to in any claim of or relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Peterson Resilience Consulting. Clients and related parties/participants expressly assume any risk of Services and related activities as described in this Agreement. Clients agree to indemnify and hold harmless Peterson Resilience Consulting, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. In the case of in-person meetings or coaching, clients agree to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Peterson Resilience Consulting to pay for any such damages.
Client agrees and understands Peterson Resilience Consulting is not providing the professional services of an attorney, accountant, nutritionist, therapist, counselor, or any other kind of licensed professional. Peterson Resilience Consulting cannot make any guarantees as to the results, including financial or other gains, of the coaching provided. Peterson Resilience Consulting agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Clients agree to take responsibility for Clients’ own results.
Right to GENERAL PROVISIONS.
The laws of Wyoming State govern all matters arising under or relating to this Agreement, including torts. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable. Neither Party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided in this Agreement. The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Becoming a client implies your acknowledgment, understanding, and agreement to the above Client Agreement. With this comes *mutual* responsibilities...
- COMPASSION You are responsible for staying open-minded, inclusive, curious, and adaptable. You are responsible for learning new things and sharing criticism constructively. You have the responsibility to practice kindness, show patience with learning curves, and act compassionately. All this applies to yourself, our staff, and others in our community.
- RESPECT. You have the responsibility to honor the rights mentioned in your Client Agreement for yourself and others. You have the responsibility of showing up on time as an act of honor for yourself and others. If you notice someone might be struggling, hurting, or unsafe, you have a responsibility to seek the most respectful method to care for everyone involved.
- INTEGRITY. You are responsible for practicing your bravery with authenticity and honesty. This includes adhering to Peterson Resilience Consulting’s client agreement, website terms, and conditions, and making payments on time. This also includes respecting the boundaries of yourself and others.
- SELF-RELIANCE. You have the responsibility to use your own power, curiosity, and resourcefulness. You are in the driver’s seat of your experience. You cannot be made to do anything you don’t want to do that you haven't already agreed to do, but you’ll get the most value out of your enrollment and our community by being prepared and using the resources available to seek solutions to your questions or problems. Note: Asking for help or clarification is an act of self-reliance.
- COMMUNAL EFFORT. You are responsible for co-creating your experience. This includes but is not limited to collaborating, engaging in group discussion, communicating authentically with integrity, and providing as much relevant information as possible. You are responsible for ensuring that the delivery of support and services is accurate and complete. You are encouraged to speak up and let others know about any unexpected happenings, hesitations, reservations, technical difficulties, additional needs, and especially any new or revised bravery goals. Improvements or changes can’t be made if the desire for them is not known.
- PARTICIPATION. You have the responsibility to show up and speak up. You have the responsibility to participate, even if this means declining further participation or redefining boundaries. You’re encouraged to make your desires known or personal boundaries clear by communicating with your coach or the facilitator of the group as soon as possible. Peterson Resilience Consulting is not a “spectator sport.” You are responsible for practicing, playing, and exploring. This applies when applicable to group Google Meet calls, community forums, private coaching sessions, and weekly office hours. If you’re unable to attend an event, you are responsible for participating by submitting your questions in advance or watching the replay video before it expires. You have the responsibility to schedule your private coaching sessions and keep those appointments or reschedule them per the terms in your Client Agreement.
- IMMEDIACY. You have a responsibility to actively use your power of choice in the present moment. You have a responsibility to take action within a reasonable amount of time. Your responsibility to take action applies to being honest with yourself and others. Intentional and consistent practice of resilient bravery is often rewarded with timely and measurable results.