TERMS AND CONDITIONS OF SALE AND SERVICES
BY PAYING FOR A PROGRAM, COURSE, OR SERVICE EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS BELOW:
You irrevocably agree to enter into this The Modern Mr. and Mrs. LLC Agreement with The Modern Mr. and Mrs. LLC (the “Company” or “we/us”) and Savannah Esposito (the “Coach”), then this Participant Agreement (the “Agreement”) automatically becomes a binding contract between you and the Company, and applies to your participation in the program. By paying for this service, course, or program, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Client understands that they are 100% responsible for his/her own progress and results. Client understands that they are the one element over which Coach or Company has no control and therefore Client understands that their results are not guaranteed. Client commits to full participation in the Program or Service and understands that nothing is guaranteed in life, relationships, and recovery, and that the Coach will do their best work possible, but at the end of the day, it’s up to the client to do the work. You acknowledge that individual results may vary based on your personal efforts as well as other external factors. Savannah Esposito does not guarantee a particular outcome, and is not liable for any loss, damage, external factors or other expense which you may suffer as a result of using the services of The Modern Mr. and Mrs. LLC. Clients have the right to ask for their recorded session to be uploaded so that they can listen to the replay and take notes knowing that the session will come down once the contract is over. Clients will take initiative in asking for sessions to be uploaded if they feel they need to review the material.
INTERVIEW AND MEET & GREET SESSION POLICY
Client understands that meet & greet and interview sessions are to gain understanding about their situation, our services, and to see if we are a good fit. Interview sessions are not free coaching sessions. Interview sessions are recorded for company use only and are confidential. Client understands that they are to fill out any applications or paperwork within 5 days of scheduling an interview session or submit the application or paperwork at least 7 days before their scheduled interview session.
We respect your privacy and must insist that you respect the privacy of fellow Program participants. You agree not to violate the publicity or privacy rights of any Program participant. We respect your confidentiality and proprietary information, ideas, plan and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same fellow rights of fellow Program participants and of the Coach and the Company. You agree that you cannot screenshot, share, distribute, re-post any content from slack, quenza, or any other platform where clients are in and The Modern Mr. and Mrs. LLC because of the Intellectual Property and Privacy of other clients in the program.
You agree (1) not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By paying for the program, you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sales of these materials by anyone but the Company is strictly prohibited. Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company and/ or other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
LIMITATIONS TO CONFIDENTIALITY
- You are in a recorded program and the recordings are shared with any and all participants of that program.
- You present a clear and present danger to yourself or others that would result in physical or harm or death.
- You become hostile, malicious, or vindictive towards another individual.
- You threaten to inflict harm to individuals or businesses, including but not limited to, our own.
- Terroristic threats, posts, and messages, and any credible threat will be perceived as an imminent threat and shall so be interpreted.
- Bullying of any kind, abuse of any kind, and gaslighting of any kind.
- You violate the law or engage in illegal activities of which we become aware.
- We receive a written court order, subpoena, or warrant to provide such information to law enforcement authorities.
- Our coaching team has reasonable suspicion to perceive, determine, and conclude that you are utilizing our platform, resources, products, and services, including but not limited to our employees, contractors, subcontractors, or any other such person duly authorized by us to act for and on our behalf, printed or electronic media, social media, or other forms of media to abuse your Partner in any manner whatsoever of weaponizing, gaslighting, aiding, and abetting. We will notify your Partner and as a consequence, you may receive a warning (first offense), suspension (second offense), and termination (third and last offense).
By investing and buying services at The Modern Mr. and Mrs. LLC, you authorize us, both explicitly and implicitly, to disclose to your Partner the nature of our concerns without the necessity to consult you of our position, condition, and decision to do so. Your privacy shall remain confidential only to the extent that you do not cross the aforementioned boundaries, thus you do not present an imminent threat to us, other clients, or your partner. Recorded sessions will be shared for the duration of program for clients to watch, and once program is over or if client is terminated, recordings come down and client does not keep them as it’s clients responsibility to take notes during session or when watching the replay. Clients that are found to be abusive will not get couples sessions to prevent weaponizing confidential session information against their partner.
You authorize the company to charge your bank, credit card, or debit card (through Square, PayPal or Stripe): All prices are in USD.
Skipped or canceled payments will result in an immediate removal from the Program until payment has been made or new payment arrangements have been mutually agreed upon by you and Savannah Esposito. Time lost will not be made-up.
You are responsible for payment for the time that has been spent in the program or service (i.e. paying per session or paying by the month), regardless of circumstance, and regardless of whether you have selected a lump sum or monthly payment plan. If you are making monthly payments and you’ve made the monthly payment and wish to terminate, your termination will begin at the end of the month you’ve paid for. In the event of a defaulted payment, we will contact you via email to reinstate the payment plan or invoice for a lump sum. In the event of 3 non-responsive emails, all accounts will be sent to an international collections agency for collection. If you cannot complete the program or are removed due to violations of terms and conditions and/or agreements you agreed to, you are not entitled to any materials that are intellectual property of The Modern Mr. and Mrs. LLC.
Discounts and sales can be applied to investments that they qualify for. Discounts on the site are for products or take home programs, not services that involve live coaching.
REFUNDS, RESCHEDULE, CANCELLATION, TERMINATION
All Mod Coaching Programs Refund and Termination Policy:
We do not offer refunds as we heavily vet our potential clients in the meet and greet session and/or application, as well as both coach and client have put in the time and energy. If we believed you would not benefit from our services we would not accept you as a client.
If, for any reason, during your contract/program, you and your partner break up or start divorce proceedings, any written consent you’ve given us remains in effect until the end of contract/program, by any means necessary: completion of program or contract, termination of program or contract by client, or termination of program or contract by coaches.
On termination by client, if client terminates for any reason, the client has 24 hours to withdraw their termination. We understand in recovery that emotions are high. If the client attempts to terminate more than once after they’ve rejoined, that is their final decision, and they’ve chosen to permanently terminate the contract/program.
Coaches have the right to terminate clients that become abusive, gaslight, and/or aggressive towards coaches for safety reasons. Clients that refuse to do the recovery and/or marital work and refuse to be part of the coaching process will be terminated as the clients demonstrate lack of commitment.
Termination results in removal of recorded sessions that were up during program as well as termination does not guarantee you the rights to unfinished modules, especially if termination was because of abusive, gaslighting, or aggressive behaviors towards coaches as it risks clients and coaches safety as they leave the program/contract. Upon termination of coach/client contract you are not entitled to any unused time, especially if termination was because of abusive, gaslighting, or aggressive behaviors towards coaches as it risks coaches and clients safety. Following termination, whether by client or coach, any remaining/outstanding payments of services contracted for must be made within 30 days of termination of contract.
Upon termination of contract, any overdue or unpaid time or fees will be due immediately.
All Mod Coaching Programs Reschedule/Cancellation/Late Payment Policy:
Clients must give 24 hours’ notice if they need to reschedule/cancel. If the client does not give 24 hours’ notice/you don’t show up, there will be a $75 cancellation/no-show fee. No-show is defined as not showing up/coach cannot reach you/late past 15 minutes of scheduled session.
In any higher level program with a payment plan, payment is due on your scheduled day. If you are late with payment, which is any payment past the scheduled invoice date, there will be a late payment fee of $50 due.
Should you encounter an unforeseen financial emergency, we can accommodate a grace period of 1 week from scheduled payment as long as you notify us in writing 72 hours before scheduled payment.
We understand that scheduling issues can come up, and thus new clients are able to push the start date that is specified in the signed contract of a program two times before The Modern Mr. and Mrs. LLC terminates the client-coach contract and relationship due to client breaking contractual obligation by demonstrating a lack of commitment to their goals and wasting the coaches time.
SPONSORED POST PAYMENT
Clients must pay the sponsored post fee before or on the day the post goes live by 5 pm eastern. If the client does not make payment by 5pm eastern on the day the post goes live there will be a late payment fee of $20.
USE OF THE SITE AND PROGRAM
To access or use www.themodernmrandmrs.com or the program specific Facebook Group (the “Site”), you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Program related to business and life coaching and other information are subject to change. Savannah Esposito and The Modern Mr. and Mrs. LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Savannah Esposito disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
You may use the Site and Program for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICES
The Program is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavor to describe and display the Program as accurately as possible. While we try to be as clear as possible in explaining the Program, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Savannah Esposito and The Modern Mr. and Mrs. LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Program. Content you submit to Savannah Esposito and The Modern Mr. and Mrs. LLC remains yours to the extent that you have any legal claims therein. You agree to hold Savannah Esposito harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Program contain intellectual property owned by Savannah Esposito and The Modern Mr. and Mrs. LLC including trademarks, copyrights, articles, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Program content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Program, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us emailing the new Terms and Conditions. Any use of the Site or Program by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Program, including these Terms and Conditions, at any time.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or Program. Additionally, Savannah Esposito and/ or The Modern Mr. and Mrs. LLC is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Savannah Esposito and/or The Modern Mr. and Mrs. LLC has been advised of the possibility of, or could have, foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Savannah Esposito’s cumulative liability to you exceed the total purchase price of the Program you have purchased from Savannah Esposito and/or The Modern Mr. and Mrs. LLC, and if no purchase has been made by you, Savannah Esposito’s cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCES
The Site and the Program may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Savannah Esposito and The Modern Mr. and Mrs. LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Savannah Esposito and The Modern Mr. and Mrs. LLC pertaining to the Site and Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Savannah Esposito and The Modern Mr.and Mrs. LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Savannah Esposito and The Modern Mr. and Mrs. LLC.
All notices, requests, demands, and other communications under this Agreement shall be in writing.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Connecticut as applied to contracts that are executed and performed entirely in Connecticut. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Connecticut, United States of America. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
EXITING YOUR CONTRACT
Clients are not allowed to contact any of the past independent contractor coaches nor are the past independent contractor coaches to contact you, publicly or privately for two years post their departure.
BY PAYING FOR THE PROGRAM EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS ABOVE.