Please READ Carefully
By purchasing participation in this program you expressly (herein referred to as "Client") agree to the follow terms stated herein.
Agreements
We believe that “showing up” is a key element to creating the process and outcomes you desire. We promise to “show up” for our work together and we expect you to do the same and hold nothing back - you will gain much more value by being vulnerable. We ask that you are respectful of our time, and we will do the same for you. This means being responsive to emails, coming to all sessions on time, and giving advanced notice of cancellation. It also means being prepared for all sessions so we can make the highest and best use of our time together. We are taking you through a process designed to transform you and your business results, and you agree to follow all the exercises that we issue and take action now. We kindly ask that you refrain from soliciting business from and/or distributing marketing materials to other group members.
Investment and Payment
Upon deposit or payment for Evolution, you are formalizing your decision and commitment to personal transformation and upleveling your business. Upon initiation of payment, you agree to invest in yourself and invest in our Services by paying the fees described in the Scope of Work (the “Fee”) and any other charges described in this Agreement. YOU ARE RESPONSIBLE FOR THE FULL FEE REGARDLESS OF WHETHER YOU COMPLETE THE PROGRAM AND NO REFUNDS WILL BE PROVIDED. In the event any payment due under these Terms of Service is late, your participation in the program will be suspended until payment is made. We charge a two percent (2%) late penalty on all balances due that are not paid within five (5) days. We reserve the right to immediately suspend all Services if your account is beyond five (5) days overdue. You affirm that you have independently evaluated your ability to pay the Fee, and/or have had the opportunity to evaluate your ability to pay with your independent consultants, and in light of your financial position and circumstances, you verify you are able to pay the Fee and will not be unduly burdened by payment of the Fee.
Cancellations
Although extremely unlikely, we reserve the right to cancel the Virtual Group Coaching Calls and/or Facebook Group coaching in case of an emergency and will provide you with notice as soon as practicable. If we make any cancellations, we will reschedule. If you cancel your participation in the Group Calls, you agree to notify us as soon as possible, at least twenty-four (24) hours in advance; you are responsible for listening to the recording of the Group Calls prior to the next call. You agree that you will not be entitled to any refund and will not receive any other compensation in the event you do not participate in the Group Calls.
Termination
We will provide the Services over a twelve (12) month period described in the Scope of Work. This Agreement will end either (1) automatically upon completion of the Services, (2) automatically upon written notice by us if you fail to make timely payment(s) under this Agreement or (3) immediately if we give you written notice for good cause, which, in addition to a material default by you, includes if you do not complete your exercises or other responsibilities as described above and discussed with you. If you become legally incapacitated or die, this Agreement will automatically terminate. In the event of incapacity, you agree to provide written verification that you are physically or mentally unable to complete the program from a qualified medical or mental health provider. Notwithstanding anything herein to the contrary, you or your estate will not be obligated to continue making payments under this Agreement beyond what has already been paid up to the date of termination. No refunds will be issued for funds received prior to the date of termination.
Confidentiality
We value you! We operate a circle of trust, respect and honoring of confidentiality. We will not disclose or use any of your Confidential Information that we learn of during the course of our work together without your consent. You agree to treat any information you learn about other group members as Confidential Information and you will not disclose any such information to any third parties without the prior written consent of the disclosing party. “Confidential Information” includes any information you disclose to us while we are working together. It does not include information that (1) is or becomes available to the general public, (2) is already known to us before you disclose it, or (3) that we rightfully receive from a third party. Upon initial payment of Evolution, you authorize us to provide your name, mailing address, and credit card information to third parties for purposes of credit card authorization. We will only share this information in order to process payment and will never disclose it for any other reason.
Media Release
I give permission for Direct Knowing to use my photograph and other media such as film and quotations, on Direct Knowing promotional material and publications, for which it may be suitable.
Intellectual Property
All materials we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are for your use only and you are not authorized to share, copy, distribute, or otherwise disseminate the Materials without our prior written consent. All of our intellectual property, including all materials and trade secrets, processes, techniques and procedures, is our sole property (the “Materials”). If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Materials and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all works prepared by you under these Terms of Service. You agree to promptly sign and deliver any documents and take any actions that we reasonably request to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in this Terms, you appoint us as your true and lawful attorney-in-fact with full power of substitution. You understand that nothing in these Terms of Service gives you a license to share, copy, distribute, trade, re-sell or otherwise exploit any Materials for any commercial or non-commercial purpose. You may not transfer or assign without our written consent..
Disclaimers
We are committed to helping you create and actualize your goals. You understand and agree that you are solely responsible for your progress and results from the Services. We have made every effort to accurately represent the Services, but ultimately, your participation and commitment to the program are up to you completely. We make no representations or guarantees regarding performance other than those specifically written in these Terms of Service. Because of the nature of the Services, the results experienced by clients vary significantly. You accept responsibility for this variance. You acknowledge and agree that there are no guarantees as to the specific outcome or results you can expect from our Services. We are not responsible for any decisions you make as a result of the Services, or for any consequences of those decisions. We cannot make any representations as to the future income, sales volume or potential profitability that may be derived as a result of your participation in the program. As with any business, results may vary depending on your individual capacity, business skills, knowledge, education, experience, expertise, training, level of desire and the action you take to make your sales happen -that is entirely up to you. We cannot be held responsible for any decisions you make from the use or misuse of the information provided in the program, for any consequences of those decisions, for any success or failure in your business that is directly or indirectly related to the Services. Our Services do not constitute counseling, psychotherapy or psychoanalysis or deal with the diagnoses or treatment of medical issues. You acknowledge that our Services are no substitute for medical or holistic treatment, and that you will seek medical, holistic health, therapy or psychotherapy services, if needed. We are glad to refer you to qualified professionals, as needed. Our Services do not constitute tax advice. While the work we do may have tax consequences, and we have general knowledge of tax law, we do not employ accountants for the purposes of offering tax advice. You agree to rely on your outside advisors for any and all tax issues related to our Services. We are glad to refer you to qualified professionals, as needed. WE DISCLAIM THE IMPLIED WARRANTIES OF TITLES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
You release us, our directors, employees, associates, affiliates, joint venture partners, agents, attorneys and other representatives, independent contractors and related entities, as well as any predecessors and successors (collectively hereinafter, “us” or “we”), from any and all risks or loss, foreseeable or unforeseeable, arising out of any transaction between us. If we are found liable for any damages resulting or arising from your use or misuse of the Services, our liability is limited to the amount of the Fees paid by you to us during the three (3) month period preceding the date in which the cause of action arose. We will not be liable for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for your participation in or reliance on our Services, at any time now or in the future, with the exception of gross negligence by us or otherwise provided by law. Force Majeure We are always committed to delivering our Services to the fullest extent possible. We are not liable for the inability to deliver our Services or the program due to force majeure, a natural disaster or other act of God or any foreseen/unforeseen human-initiated event or circumstance, health or travel restrictions, quarantines or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or any other act or circumstance outside of our control.
Indemnification
You agree to indemnify us and hold us harmless and directors, employees, associates, affiliates, joint venture partners, agents, attorneys and other representatives, independent contractors and related entities, as well as any predecessors and successors (collectively hereinafter, “us” or “we”), from and against any and all claims, demands, causes of action, judgments, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Loss”) arising out of or incident to, either directly or indirectly, (1) any act or omission arising out of this Agreement, and (2) your gross negligence or willful misconduct. We will retain control over the defense of, and any resolution or settlement relating to, such Loss. You will cooperate with us and will provide reasonable assistance in defending any such claim.
Non-disparagement
As your coach and guide, part of our job is to challenge you. There will be times when moving out of your comfort zone will trigger uncomfortable thoughts or feelings, sometimes toward us. This is normal and welcome. If this situation occurs, you agree to be communicative, open, honest, and respectful to us and use the process to go deeper. If there is a dispute between us, you agree not to publicly or privately make negative or critical comments about our Services, our company or us personally, or to communicate with third parties, including on social media, in a way that disparages our Services, our company or us personally, or harms our reputation in any way. In mediation, arbitration, or when required by law, you are not prohibited from publicly sharing your thoughts and opinions.
Alternative Dispute Resolution, Applicable Law & Severability
We will attempt to resolve any dispute in connection with these Terms of Service on an amicable and love-forward basis, through our prompt, good faith discussions. Any dispute, claim or controversy arising out of or relating to this Agreement that we cannot resolve ourselves will be determined by final and binding arbitration in Phoenix, AZ, before a sole arbitrator, selected jointly, who will award attorneys’ fees and other costs to the substantially prevailing party. We will administer the arbitration in accordance with Our Streamlined Arbitration Rules and Procedures. The arbitration award will be in writing and will specify the factual and legal bases for the award. Judgment on the award may be entered in any court having jurisdiction. These Terms of Service will be governed by Arizona law, without regard to principles of conflicts of law. If any part of these Terms of Service is invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from these Terms of Service and the validity of the remaining provisions will not be affected.
Conclusion
These Terms of Service have all of the terms of our relationship and constitute the entire agreement between us. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by written agreement signed by both of us. The waiver by either party of a breach or violation of any provision of these Terms of Service does not constitute a waiver of any subsequent or other breach or violation. The provisions of the following Sections will survive termination of these Terms of Service: Additional Terms on the Scope of Work; Fees & Payment; Confidentiality; Intellectual Property; Disclaimers; Limitation of Liability; Indemnification; Mediation, Arbitration, Applicable Law & Severability; and Conclusion.
Juliet Trnka + SkyFire LLC, Scope of Work
EVOLUTION: We are so excited to help you create a life and business you love, on your terms!
We will provide you the following coaching and training services beginning on the date of your completed payment and continuing for the following twelve (12) months (the “Term”):
At least two live Q+A coaching opportunities each month with Juliet ($30K in value) Quarterly high-Touch masterminds to expand your energy and accelerate your results - at least four in the year ($60K in value) 8 hybrid courses of deep content supported with live coaching ($50K in value) 8 pre-recorded masterclasses ($15K in value) A year-long BEYOND membership is included ($18K in value) LAIR - a monthly war-room of live coaching where we divine the most easeful, potent and bespoke strategies to deliver your dreams like an Amazon order ($30K in value) The Evolution community (Truly priceless!) PIF Bonus #1: Private 1:1 Coaching call with Juliet PIF Bonus #2: Free ticket to one of our LIVE retreats in Sedona or Mexico PIF Bonus #3: Private 1:1 Dreamwork Session with Juliet
Investment and Payment
Terms: Pay in Full of $60,000
Additional Terms
Coaching Calls: Virtual Group Coaching Calls are held on Zoom. Recordings of the LIVE sessions will be made available inside our app once the live circle is completed.
Homework (We call it Homeplay): These assignments are required materials. They may include assignments given by Juliet or members of the team. These additional assignments will always require your agreement to be considered required for submission.
Private Facebook Group: During the Term of this Agreement, you will have access to a private community exclusively for participants in Evolution. This is a place to build community, celebrate, share insight and conversations and ask powerful questions. You must treat yourself and all members with respect. We reserve the right to revoke your access to the group should you fail to show up respectfully.
You will receive access to the recordings for one year after purchase.
This Scope of Work is subject to the Terms of Service above.
ERIN REFLECTS THAT SHE WAS ABLE TO REDEFINE LEADERSHIP FROM A PATH OF STRUGGLE TO A PATH OF ALLOWING..
"Before working with Juliet I felt absolutely overstretched. I love my work, my family and my life but I didn’t have adequate space to feel, to connect with myself, to fully be the badass that I am! Even as I felt joy in my work, I felt a massive weight of responsibility coupled with scarcity of time and energy. Juliet put me back in touch with my radical truth and championed me in taking the risk to live it even more than I was. Leadership has been redefined for me, and everything has changed."
-Erin
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