Terms & Conditions
Please read the Terms of Use for the program carefully and in their entirety before purchasing and using The Social Department (hereinafter referred to as the “Program”). The Program and its content are owned by Kar Brulhart Inc.
Through rendering payment, you (“Client”) agree to the following terms in their entirety:
Definitions:
“Company”, “Coach”, “We”, “I”, “Our”, or “Us” means Kar Brulhart Inc.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“Client”, “You” or “Your” means the purchaser and person using the Program.
2. Consent:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
3. DISCLAIMER:
Kar Brulhart Inc. is a company that provides individuals and business owners with education, strategies and support to help them use Instagram as their main social media platform to grow their following and make more sales. Kar Brulhart Inc. offers a group coaching course to help Clients leverage social media to grow their businesses, The Social Department (the “Program” or “Group Program”).
The purpose of the Program is to teach the Client certain strategies to use social media (in particular, Instagram ®) in order to grow their business and also to form a coaching relationship between the Coach and the clients in the Group Program. This will be done through weekly workshops and interactions between the Coach and Client throughout the Term of this Agreement.
By participating in the Program, you understand that Kar Brulhart is an Instagram Strategist and Coach.
This Program is for informational and educational purposes only. The information and education provided in this Membership is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should contain with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.
For the purposes of the Program, the Coach is not an employee, personal social media manager, personal marketing manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, personal brand advisor, one-on-one coach, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that coaching is working with the Coach to help Client think through and analyze decisions and assist Client with finding his/her own direction. The Coach may offer her opinion regarding decisions, but it is the responsibility of Client to make the final decision and choose the best option for his/herself.
Coaching Services defined: The Coach is a business coach and social media strategist, who offers the following Coaching Services as part of the Group Program: assisting Clients to discover his/her own entrepreneurial direction, and providing guidance and insight as to leverage social media strategy to start or grow his/her business.
Coaching Services do not include: 1) procuring business or potential clients for Client; 2) performing any business management services for Client, such as social media marketing, brand advising, accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Coach’s professional network and business relationships; or 7) one-on-one Coaching Services.
Client hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions.
Client hereby acknowledges that Client is solely responsible for the amount and type of results and/or other income that Client generates by implementing techniques and advice provided by Coach. Client also acknowledges that he/she is solely responsible for any decision to leave his/her other career, job or profession in order to pursue Client’s business idea and indemnifies Coach from any liability regarding said decision. Similarly, Client also agrees that he/she is solely responsible for any personal decision and indemnifies Coach from any liability regarding said decision.
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
The Coach doesn’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. The Coach is not responsible for the success or failure of the Client’s business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.
4. COACH’S RESPONSIBILITIES
Coach promises to offer Coaching Services as part of the coaching Program. Coaching Services include 60-minute group coaching sessions via Zoom, which will take place each week during the Term of this Agreement. Coach may also provide educational support materials, such as workbooks and/or video modules, to assist the Client in better understanding the techniques and strategies discussed in the weekly calls. The Coach also agrees to provide additional feedback in the form of a private Chat Group created exclusively for the Group Program Clients. Coach will provide additional support, in the form of a Support Coach to help monitor and administer advice within the Chat Group.
5. CLIENT’S RESPONSIBILITIES
Coach’s Program has been developed for educational purposes only. Coach has established her proprietary Program in order to educate and inspire Client to pursue his/her personal goals. However, Client hereby acknowledges that Coach does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her results from the Program. Client acknowledges that, as with any business endeavor and investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Program.
Nevertheless, Client acknowledges that he/she can optimize her potential results from the Program by adhering to the following:
Completion of all Program material, including assignments and worksheets if applicable;
Thoughtful and meaningful participation in all group coaching calls with Coach;
Utilization of Coach’s feedback within the Group Program’s private Group;
Completion of all assigned work, material, homework and research between each coaching call;
Committing to the Program;
Attending each coaching call at the scheduled date, on time; or watching the replay that week
Taking 100% responsibility for Client’s results, 100% of the time.
6. RESCHEDULING POLICY
A big component of success is discipline and commitment. In order to achieve optimal results under this Program, Client should commit to the schedule as follows:
·This is a twelve-month (12-month) Program, consisting of weekly sixty-minute (60-minute) group coaching calls.· Coach understands that sometimes, “life happens.” However, Coach does not provide “make-up calls” to any Group Program clients that are absent for a weekly group call, nor does Kar Brulhart Inc. provide any refunds or discounts for Client’s failure to attend any call or complete any portion of the Program.
7. PAYMENT & FEES
Client has two (2) payment options to purchase the Program:
A) Five monthly payments charged automatically to Client’s credit card through the Program’s digital platform or B) an annual payment charged automatically to Client’s credit card through the Program’s digital platform.
Client hereby agrees to pay in accordance with one of the following options:
A. MONTHLY PAYMENT:
Five (5) monthly payments of five hundred and 00/00 US Dollars ($500.00 USD). The first of these payments is due immediately upon signing and execution of this Agreement and the remaining four payments are due on the same calendar date of each subsequent month, until the total amount of $2,500.00 USD has been paid in full.
No Coaching Services or access to the Program shall commence under any circumstances until full payment is rendered by Client; or
B. ANNUAL PAYMENT:
One (1) annual payment of two thousand five hundred and 00/00 US Dollars ($2,500.00 USD), which is due immediately upon signing and execution of this Agreement.
If Client’s payment fails, they will be required to update their billing method immediately. After 3 failed re bills, the Client will be automatically removed from the Program.
General Payment Terms:
When you chose payment option A. MONTHLY PAYMENT to pay for the Program by credit card, you authorize and give permission to Kar Brulhart Inc. to charge your credit or debit card on a monthly reoccurring basis until the total amount of $2,500 USD has been paid in full. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe (depending on the payment method you choose), who may have privacy policies or security practices that are different than ours. Kar Brulhart Inc. is not responsible for the merchant’s independent policies or practices.
Subscription Terms / Failed Subscription Procedures:
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each monthly recurring payment.
By choosing payment option A. MONTHLY PAYMENT, you agree and understand that ALL five (5) monthly payments of $500 USD are owed in full until the total amount of $2,500 USD has been paid in full.
Failed Recurring Payments / Re-charge procedures:
If your recurring payment fails on the 1st attempt:
In the event that your recurring payment is not successfully made on your due date, your credit card will automatically be re-charged.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 1 day grace period to update your card information without any penalty or losing access to the Program.
After 2nd failed payment:
Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 1 day.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 1 day, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given.
8. REFUND POLICY:
All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.
9. TERMINATION.
Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Coach or other members of the Program; 3) Client refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) Client proves to be difficult to work with; or 5) for any other legitimate business purposes in the best interest of Coach. If any of the following causes trigger Coach to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.
Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement.
10. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE
Confidential Information –
Kar Brulhart Inc. takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to Kar Brulhart Inc..
“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Client;
Any information disclosed in association with this Agreement;
Any trade secrets in connection with the Program or Kar Brulhart Inc. business practices.
Group Container –
From time to time, participants in the group Program may share sensitive, personal or otherwise confidential information. By participating in this Program, Client understands and acknowledges this, and agrees to keep all information discussed as part of the group Program (amongst other Program participants) confidential.
Testimonials –
Coach also agrees to protect Client’s Confidential Information. However, from time to time, Kar Brulhart Inc. may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Coach sharing Client’s success stories as testimonials on Coach’s website and/or social media.
Intellectual Property –
This Program, content and products contain intellectual property owned by Kar Brulhart Inc.. This Agreement is intellectual property owned by Kar Brulhart Inc. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Kar Brulhart Inc. described within this Section in either whole or part without prior written consent.
Limited License –
Kar Brulhart Inc. grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for your personal and internal business use. You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If the Client is also a business owner in a similar industry, Client must not misappropriate any of Coach’s intellectual property and proprietary information in the following manner:
Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by Coach and passing it off as her own;
Copying any of Coach’s course material for Client’s personal use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent.
11. INDEMNIFICATION / LIMITATION OF LIABILITY
Client hereby acknowledges that neither Coach nor Kar Brulhart Inc. is liable for any injuries that may arise from Client’s personal decisions based off of his/her participation in this program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless both Coach and Kar Brulhart Inc. of any claims that may arise after participation in the Program.
12. MISCELLANEOUS:
A. Amendments – We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved – All rights not expressly granted in this Agreement are reserved by us.
E. Governing Law – Kar Brulhart Inc. is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of the State of Delaware.
F. Arbitration – Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
G. Execution – These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company. By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.
