Terms + Refund Policies

By clicking “I Agree,” submitting payment via PayPal, submitting a payment via Stripe, emailing a copy of your agreement,  entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Ysmay Walsh, A Purposeful Enterprise, LLC, henceforth known as “Company,” and you are entering into a legally binding agreement with Ysmay Walsh, A Purposeful Enterprise, LLC, subject to the following terms and conditions:

Services

The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.

Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of online or in-person classes, consulting, coaching, and/or business coaching, related to business structure, productivity systems, social media, branding, and/or online marketing. Henceforth known as “Program.”

The client agrees services rendered are coaching and/or education only, and are not substitute for any legal or medical advice.

The scope of programs and services delivered by the Company pursuant to this agreement is limited to those contained on the Company’s website, and within any documents provided to the Client.

Company reserves the right to substitute comparable services to the Client if reasonably required by the prevailing circumstances (sickness, disability, and inability to deliver).

The company will be conducting all live coaching and all live training on Tuesday, Wednesdays, and Thursday. The Company will not be liable on working on weekends. The client will agree to the schedule of the company.

On demand workshops and classes will be available at any time, without restriction from the Company.

Refunds

Please contact the Company if you are unhappy with your purchase to request a refund. All refunds are subject to Company approval. The refund policy does differ for each product we offer, so please verify the refund policy at the time of your purchase. 

Client agrees to pay to Company the full amount of the Fee as set forth on the website and/or in any documents delivered to the Client. If the client cancels attendance of, or participation in, the Program for any reason whatsoever, Client is not entitled to receive a refund.

If Company is unable to render a portion of any live sessions or trainings as agreed and reasonable arrangements for rescheduling cannot be arranged, then a refund for that portion only of the Program will be made to Client within 7 business days.

EBooks, physical books, and other digital downloads sold through this site, Ysmay Walsh, and/or the 42Yogis™ brand are not eligible for a refund.

Refunds for courses are given at the Company’s discretion. We respectfully request you tell us why you are requesting a refund so we can ensure to rectify the problem. We will not provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable.

Do bear in mind, you will lose access to all course material once you have requested your refund. Please only do so if you wish to stop taking our courses.

The company reserves the right not to offer refunds on hourly coaching sessions for sessions delivered, and to only issue a refund on any unused sessions.

If you have purchased an immersion and wish to cancel at least 96hrs before our session, your payment will be refunded, minus any deposits made for our session with a workspace or conference center. After our in-person immersion session, no refunds will be granted.

If you have any questions about whether or not working with me is right for you, I do encourage you hop on a discovery call with me prior to making a purchase.

Fees

Client hereby agrees to pay fees to the Company in accordance with the payment schedule provided to the client, or provided on the Company’s website (the “Fee”).

Late fees: Company shall charge a 7% (seven percent) late fee every month on all outstanding balances.

Payment Security

To the extent that Client provides Company with credit card(s) information for payment on Client’s account, or PayPal subscription/recurring payments, Company reserves the right to charge Client’s credit card(s) or PayPal for any unpaid charges on the dates agreed. 

If Client uses a payment plan to make payments to Company, the Company shall be authorized to make all charges when they are due and does not require separate authorization in order to do so. The Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent, and in so doing risks the receipt of a Demand Letter.

The client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

Intellectual Property

Any and all original and copyrighted materials provided by the Company shall be provided to the Client for their use only, with a single-user, non-transferable, revocable license. The Company reserves the right to revoke access to any and all original and copyrighted materials at any time without notice.

The Client agrees they will not use any of the Company’s original and copyrighted materials for Client’s business purposes; nor will the Client share, copy, distribute, or disseminate any materials received from the Company without prior written consent from the Company.

All original and copyrighted materials shall remain sole property of the Company. No license to sell or distribute is granted by the payment of any fees.

No Resale Permitted

Client agrees not to duplicate, reproduce, copy, sell, resell, trade, download, exploit or distribute for any commercial or non-commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.

This agreement is not transferable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.

Limitation of Liability

By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.

The Program is an educational/coaching service only.

Client agrees that he/she accepts any and all risks, foreseeable or unforeseeable, arising from such services.

All claims against Company must be lodged within 100 days of the date of the cause of action arising or otherwise the right of action is forfeited.

Client agrees the Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program.

Client agrees that he/she uses Company’s services at Client’s own risk, and will take complete responsibility for their result.

Disclaimer of Guarantee

Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program.

Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the services under this Agreement.

The company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.

The company and its affiliates disclaim, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.

The client accepts that the client is 100% responsible for their progress and result. The Company makes guarantees or warranties at any time, either verbally or in writing, that the program or services will meet Client’s requirements or needs; or that all clients will achieve similar results. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary.

Course Rules

To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.

Client agrees to abide by any Course rules and/or regulations presented by Company.

The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.

In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

The client should use all sessions in the time frame stated at the time of the program purchase. If the time frame ends, the client will not be able to use their missed sessions

In the event of no-show session, the Company has all the right to put that session as a ‘missed’ session and will be counted, unless notified 24 hours before.

Delivery of content and sessions will be held via Zoom, and if possible in person. The Company takes no responsibility and is not liable to give compulsory sessions in person. Recordings of sessions via Zoom will be delivered within 48hrs of the call.

Use of Course Materials

Client consents to recordings being made of courses and the Program.

Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future teaching and/or marketing materials, and further other goods/services provided by Company, without compensation to the Client.

Client consents to his/her name, voice, and likeness being used by Company for future teaching and/or marketing materials, and further other goods/services provided by Company, without compensation to the Client or need for further agreement by Client.

No Substitute of Medical Treatment

Client agrees to be mindful of his/her own health and well-being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.

The company does not provide medical, therapy, or psychotherapy services.

The company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

Termination

In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due shall be immediately due and payable.

Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.

In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.

Confidentiality

The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.

Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client.

Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Disputes

In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.

In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

Indemnification

Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.

Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.

Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

Controlling Agreement

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.

Other Terms

Upon execution by clicking “I agree,” or submitting payment, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement.

An electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

If you do not understand or agree with these terms, conditions, and policies, please do not order any of this material. If you require further clarification, please contact ysmay@42yogis.com