By clicking “Submit” or "Complete My Purchase" or "YAS QUEEN! I'm In!" or emailing your statement of agreement, entering your credit card information, or by signing this agreement, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) and you are entering into a legally binding agreement on the date of purchase ("Effective Date") with Kimberly Spencer (the “Coach”) and Crown Yourself LLC (the "Company") collectively “the Parties,” effective as of the date the Client hits the "YAS QUEEN! I'm In!" button and submits.

1. Services Provided

Private Coaching Sessions

Coach agrees to provide coaching services to Client for a total of eight (8) sessions within a period of ninety (90) days from the effective date of this Contract.

Voxer Voice Message Coaching

Coach agrees to provide end-to-end encrypted Voxer Voice Messaging Monday-Friday with Kimberly for 90-Days. Outside of coaching hours, Coach will review your messaging, communication, podcasts, and social media. Coach will drop you messages as you go with tips, tricks, and tweaks that you can make to enhance your communication, so you keep improving, honing, and refining your messaging so that it lands.

Client agrees that it is the Client’s responsibility to message Company coaches on an as-needed basis. Voxer Messaging Coaching Support begins at the beginning of the package for the allotted days/weeks/months of the Client’s package. If the Client does not use the Voxer Messenger Support to message Company Coaches within the duration allotted in their package, Client is not entitled to “make up days” for any unused days/weeks/months. The term of Voxer Message Coaching Support is limited to the number of days in the Client’s coaching package.

The Voxer Voice Messaging service provided by Coach is exclusively for coaching needs and support, including questions, challenges, celebrations, practice, and accountability related to the coaching program. It is not intended for scheduling issues or needs.All scheduling issues or needs shall be handled by email with [email protected].

2. Responsibilities of the Coach

a. Coach agrees to facilitate coaching sessions on a bi-weekly basis for 1 hour via Zoom.

b. Coach and Client will jointly develop a coaching plan based on the Client's outcomes for coaching.

c. Coach agrees to spend an appropriate amount of time in preparation for meetings with the Client.

d. Coach agrees to facilitate the coaching plan and provide guidance and support to the Client.

e. Coach agrees to respond to Client's Voxer messages within 24-48 hours.

f. Voxer Messaging Coaching Support begins at the beginning of the package for the allotted days/weeks/months of the Client’s package.

3. Responsibilities of the Client

a. Client agrees to actively participate in coaching sessions and follow the coaching plan developed with the Coach.

b. Client agrees to schedule coaching sessions in advance and take responsibility for their own scheduling.

c. Client agrees to communicate clearly with the Coach and share all issues on which they need assistance.

d. Client agrees to complete tasks assigned by the Coach in between coaching sessions to the best of their abilities.

e. Client agrees to communicate, when necessary, outside of coaching hours via Voxer Messaging to receive any additional support. 

4. Session Forfeiture

Should the Client not utilize all eight (8) coaching sessions within the ninety (90) day period specified in this Contract, the Client forfeits any remaining sessions and shall not be entitled to a refund or credit for unused sessions.

48-Hour Cancellation Policy

Coach maintains a 2-way, 48-hour cancellation policy for all booked appointments.

1. If Client cancels with less than 48-hours notice to Coach, for whatever reason, the Client forfeits the session.

2. If Coach cancels with less than 48-hours notice to Client, for whatever reason, the Client is automatically entitled to a make-up session as well as a bonus session.

Voxer Voice Messaging

If the Client does not use the Voxer Messenger Support to message Company Coaches within the duration allotted in their package, Client is not entitled to “make up days” for any unused days/weeks/months. 

5. Results and Responsibility

Client understands that the results of coaching depend on their ability to take action, follow the coaching plan, and communicate clearly with the Coach. The Client takes full responsibility for their results achieved.

6. Confidentiality

During the course of the coaching relationship, the Company and Coach may have access to certain confidential and proprietary information belonging to the Client. "Confidential Information" means any information, whether written or oral, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances surrounding its disclosure. Confidential Information includes, without limitation, information related to the Client's business operations, financial condition, customer information, and personal affairs.

Coach agrees to maintain the confidentiality of all Confidential Information received from Client during the course of the coaching relationship and to use such information only for the purpose of providing coaching services to Client. Throughout the Program, Company may make audio and video recordings may be made where Confidential Information is disclosed or revealed for the Client's learning and growth. These recordings will only be shared jointly between Company and the 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.

Company agrees to keep all information received from the Client confidential, except in the following circumstances:

a) The information is generally known to the public, or is already in the Company’s possession prior to the commencement of the coaching relationship,;

b) The Client gives explicit consent to disclose the information, except as required by law or court order.; or

c) Company believes, in their sole discretion, that disclosure of such information is necessary to prevent harm to the Client or others. In the event that the Company believes that the Client is a danger to themselves or others, including expressing suicidal ideations, the Coach reserves the right to disclose such information to a mental health professional or emergency services in order to help ensure the Client's safety. Company will make every effort to discuss this with the Client prior to taking any action.

Client acknowledges that any disclosure of Confidential Information may cause irreparable harm to Company and that Coach may seek injunctive relief or other legal remedies to protect its rights. Company shall take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information.

This Confidentiality Clause survives the termination of the coaching relationship and remains in effect indefinitely.

7. Fee

The monthly fee under this agreement will be either $15,000 paid in full, for 3 months or $5555 per month for 3 months, as agreed upon by both parties.

Currency

All transactions are made in USD. No adjustment for changes in foreign exchange rates will be made. Tax amount is determined by your province, city, state, and/or country.

8. Chargebacks and Payment Security

To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.

For Payment Plans

If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. 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. 

Chargebacks + Credit Card Changes

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.

9. Disclaimer

Client accepts that she/he alone is entirely and solely responsible for his/her decisions, actions and results in life, and specifically to her/his progress and results from the Program. Any forward-looking statements outlined by Company or in Company's Program and/or Sites are simply the opinion of the Company and are not guarantees or promises of actual performance. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Client accepts and agrees that Company cannot control the Client’s responses to the provision of the services under this Agreement. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all Clients will achieve the same or similar results.

No Professional Advice

Company offers no professional legal, medical, psychological or financial advice. The material should not be used as a substitute for professional medical treatment and/or diagnosis. Company encourages Client to always consult with a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. 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. 

Neither Company nor Company's partners, or any of their affiliates, assume any responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on the site; nor will Company be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from your use of the information found or material linked on the Site, including but not limited to economic loss, injury, illness, or death. By Client's use of the Site and participation and payment of Fees for the Program, Client agrees not to attempt to hold the Company liable for any such decisions, actions, or results, at any time, under any circumstances. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

10. Recording Consent

Client consents to all coaching calls being recorded. Coach agrees that these recordings will only be directly shared with the Client. The Company will retain access to the recordings for administrative and operations purposes only.

11. No Resale or Transfer

Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any 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. 

12. Program 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, and in accord with our Terms of Agreement for Site Use. 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.

13. Copyright

Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license. Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.

This Site (www.crownyourself.com and www.crownyourselfmembers.com) and all the materials contained, such as videos, coursework, lesson plans, training modules, photographs, systems, designs, wording, colors and graphics, software, sound recordings, text, graphics, images, and other material provided by or on behalf of of the Company (collectively referred to as the “Content”) are the property of the Company and/or our affiliates or licensors, and are protected under both United States and international copyright, trademark, and other intellectual property laws. For our Site Terms of Use, please refer here. 

All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied by the enrollment or by the payment of any fees.

14. Termination

Either party may terminate this Contract with written notice to the other party.

If Coach is unable to fulfill a portion of the services during the 90 days, Coach and Client will work together to either

a) extend the coaching program for 30 days at no additional cost to the Client, or

b) refund a portion of the program that was unable to be fulfilled.

In the event of termination, the Client shall remain responsible for payment for any coaching sessions already provided.

In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder 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.

15. 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 and Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

Mediation

If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action with the help of a neutral, mutually agreed-upon mediator in the following location: Los Angeles County, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

JAMS

If mediation cannot resolve the Dispute, either Party may elect to finally and exclusively resolve the dispute by binding arbitration before a signal arbitrator with JAMS, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH A CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. Any Party may commence such arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Austin, Texas. The Parties shall mutually select a neutral arbitrator with JAMS. If the Parties cannot agree upon an arbitrator, then one shall be settled by the applicable JAMS rules regarding the selection of an arbitrator. The substantive law of the State of Texas shall be applied by the arbitrator to the resolution of the dispute. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgement may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. Any court in Austin, Texas may enforce the arbitrator’s award. Company may litigate in court to seek injunctive relief.

The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.

15. Indemnity. 

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.

16. Limitation of Liability. 

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH. 

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

The Program is an educational/coaching service only.

In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:

• The total fees Client paid to Company in the one month prior to the action giving rise to the liability; and

• $1000.

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.

17. Severability. 

If for any reason, any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The remainder of this Agreement shall nonetheless remain binding and in full force and effect.

18. Binding 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.

This Agreement shall be binding upon and shall inure to the benefit of Company hereto and our respective assignees, successors, heirs, employees, partners, predecessors, members, officers, associates, affiliates, subsidiaries, shareholders, trusts, trustees, executors, transferees, directors, agents, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of the Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.

19. Governing Law. 

The Parties agree that this Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

20. Entire Agreement 

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties. 

21. Survival

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to the payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have to survive, shall survive the termination, for any reason, of this Agreement.

If, for any reason, any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The remainder of this Agreement shall nonetheless remain binding and in full force and effect.

Company’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

This Agreement constitutes the entire Agreement between Client and Company with regard to the subject matter contained herein, and supersedes and replaces all previous or contemporaneous agreements, whether written or oral, between the parties. Each of the Parties acknowledges that no Party or any representative of a Party has made any promise, written or oral, other than those promises set forth in this Agreement. Each of the Parties represents and warrants that his or her execution of this Agreement is free and voluntary.

22. Miscellanious

Upon execution by purchasing, clicking, "Submit" and/or "I agree" and/or "YAS QUEEN! I'm In!" or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this agreement.

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

The descriptive section headings herein are inserted merely for the convenience of reference only and shall in no way be construed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction, or meaning of any provision of, or scope or intent of, and shall not be given any legal import.

This agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.