Bathurst Family Therapy

© 2022 All Rights Reserved 1 BathurstFamilyTherapy.com PROGRAM WORK AGREEMENT Agreement by and between ______________________("Client", “you”, or “your”) and Bathurst Family Therapy, LLC. (hereinafter “Consultant”, “we”, or “our”): In order to set Client expectations of what they receive as part of this coaching program and protect the intellectual properties of Consultant, we ask that the Client agree to the following terms: Section 1. Program Guidelines, Payment Terms Program: 90-day Coaching Program with Services Payment Terms: A. If payment fails, Client must remedy this situation and provide a valid form of payment within five (5) calendar days or Client may © 2022 All Rights Reserved 2 BathurstFamilyTherapy.com be removed from the Program, including all access to coaching and courses. B. Payments may be made via credit or debit card, ACH, wire transfer, or Venmo, Cash App, Zelle. Client is responsible for all processing fees of chosen payment source. C. Client has 30 days from signature of this agreement to request a refund of any paid monies per the terms of our Action Based Guarantee. This must be done by writing to [email protected] no later than midnight of the 30th day. After that time, no payments will be refunded at any time for any reason. Client must have completed the following simple activities to be eligible for a refund: 1. Take action for at least 8 hours each week during the program via participation in the Learning Portal (completing assigned videos, worksheets and submissions by due dates) 2. Attend at least 2 coaching sessions a month 3. Meet with Dr. Bathurst for 1-1 intensives, a Project Manager and/or Accountability Coach at least twice a month D. For all credit or debit card payments: ● Client hereby consents to having these charges automatically charged to Client credit or debit card on the due date © 2022 All Rights Reserved 3 BathurstFamilyTherapy.com ● Consultant is authorized to collect the payment due (in full) by collecting on any/all credit or debit cards that are provided to Consultant by the Client ● The Client may determine which payment method is preferred and the Client is responsible for informing Consultant of this preference at least two (2) business days prior to the payment due date since Consultant’s payment system may automatically charge one of the cards on file that may not be the client’s preferred payment method Section 2. Terms of Sale. A. You hereby agree that all Program sales are final and nontransferrable B. You agree to make all payments on time and in full as outlined in Section 1 C. You agree that all payments must be made on time as outlined in Section 1 and if payments are not made on time, Consultant reserves the right to remove you from the Program without refund D. You agree that you have fully consented to any payment toward Consultant, that any/all payments are valid and that you have consented to the purchase of the Program as outlined in Section 1 © 2022 All Rights Reserved 4 BathurstFamilyTherapy.com E. You agree to waive any/all rights to charge-back, dispute, or make claims (“disputes”) against any payment made to Consultant as being fraudulent, purchased in error, services not delivered to you, product not received, or any other dispute which claims that any payment is unlawful. F. You agree to not initiate any disputes or claims through your credit card company, bank, lending institution, or any other payment provider since you have fully consented to all charges outlined in Section 1 and thus you agree that you may not dispute any payments made to Consultant for the Program. G. If you need to pause your membership due to an unforeseen family or medical issue, email us at [email protected]. We will be happy to pause you for up to 3 months (90 days). Pauses will not be retroactive prior to written notice given. H. Client may extend on a monthly basis for the agreed upon program fee after the 3 months ends if they have not submitted their milestones or need an extension to complete the lessons. © 2022 All Rights Reserved 5 BathurstFamilyTherapy.com Section 3. Non-Solicitation. You agree with and for the benefit of Consultant that, during the Program and for a period of one (1) year after separation from the Program (whether such separation results from early termination or successful completion), you will not (except with the prior written consent of Consultant), directly or indirectly, either as an individual or as a partner or joint venture or as an employee, sales representative, principal, Consultant, agent, shareholder, officer or director, for any person, firm, association, organization syndicate, company or corporation, or in any other manner whatsoever, contact, solicit, or attempt to solicit any of the persons, clients, employees, companies or institutions with whom you had dealings through the Program. A. For the purpose or intent of competing with Consultant to provide the same or similar services which Consultant is currently providing to any of these individuals or companies B. To solicit orders for the sale of any products or services (get prior written consent if fellow participants want to purchase any offers from you) C. To leave the employ or engagement of Consultant © 2022 All Rights Reserved 6 BathurstFamilyTherapy.com Section 4. Confidential Information. We respect your privacy and must insist that you respect the privacy of fellow Program participants. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of Consultant. Thus, you agree: A. Not to infringe upon any Program participant’s or Consultant's copyrights, patents, trademarks, trade secrets or other intellectual property rights B. That any Confidential Information shared by Program participants or any representative of Consultant is confidential and proprietary, and any such Confidential Information belongs solely and exclusively to the party who discloses such information C. 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 D. That all materials and information provided to you by Consultant are confidential and proprietary intellectual property which © 2022 All Rights Reserved 7 BathurstFamilyTherapy.com belongs solely and exclusively to Consultant, and may only be used by you as authorized in writing by Consultant E. Reproduction, distribution, or sale of these materials by anyone but Consultant is strictly prohibited F. That if you violate, or display any likelihood of violating, any of the sections contained in this paragraph or referenced in this Agreement, Consultant and/or other Program participants will be entitled to injunctive relief against you for any such violations A breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to Consultant for which there will be no adequate remedy at law, and Consultant shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate). While you are free to discuss your individual results from this Program or any other Consultant program or training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence. © 2022 All Rights Reserved 8 BathurstFamilyTherapy.com Section 5. Privacy Policy and Terms of Service. You agree that your participation is subject to Consultant’s Privacy Policy and Terms of Service (as found on the website links below) and that you agree to adhere to all terms as outlined on those pages. While we do not anticipate making frequent edits, Consultant reserves the right to make modifications to either of these policies at its sole discretion and without notifying Program participants. Each page has a date of all revisions. https://www.bathurstfamilytherapy.com/policy.html © 2022 All Rights Reserved 9 BathurstFamilyTherapy.com Section 6. Right to Use Name & Likeness. A. You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, print media and the internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research, so long as it does not slander or defame the Client B. Your consent is granted to Consultant and extends to such use without restriction or limitation as to time or geographic boundary C. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Consultant for any product and/or service in connection with such use and publication D. You also waive any right to inspect, review or approve any photograph, recording, or other written material at any time, and waive the right to approve the use and medium of publication determined by Consultant © 2022 All Rights Reserved 10 BathurstFamilyTherapy.com E. You understand that Consultant owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use Section 7. Participation Terms. We are committed to providing all Program participants with a worldclass experience. Thus, Consultant may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments due if you: A. Become disruptive or difficult to work with B. Fail to follow the Program guidelines C. Impair the participation of our employees, contractors, clients, instructors or participants in any of our programs © 2022 All Rights Reserved 11 BathurstFamilyTherapy.com Section 8. Other Services/Fees. Client acknowledges that Consultant provides trainings that requires the Client to have secured the following: a personal computer with audio and camera functionalities, a secure internet for program completion and confidentiality, personal google drive for access to and completion of handouts, and any chosen quality time experiences outside of the lessons that require monetary resources. These costs are not part of Client’s program fees. If Client wants to use alternative services, they do so at their sole discretion and understand Consultant can not provide trainings for these alternative services. Consultant may also suggest other softwares or tools that will help Clients with mental health stabilization, relational reconnection, sexual dysfunction healing, addiction recovery, systems management. These will range in price, are optional and purchased entirely at the discretion of the Client without means for requested reimbursement from Consultant. © 2022 All Rights Reserved 12 BathurstFamilyTherapy.com Section 9. ARBITRATION AND APPLICABLE LAW. All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of Maryland, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Woodstock, MD, USA before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Maryland. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction. Section 10: Indemnification. Client and Consultant agree to indemnify and hold harmless each other, including all officers, directors, employees, shareholders, affiliates, agents, successors and assigns, from and against any and all loss, liability, damage, or injury to property, personal illness, injury or death, © 2022 All Rights Reserved 13 BathurstFamilyTherapy.com fines, penalties, costs, claims, demands and expenses, including costs or settlement and reasonable attorneys' and expert witness' fees, (hereinafter, cumulatively, "Claims"), in proportion and to the extent directly caused by either parties negligence. Section 11. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Bathurst Family Therapy or any affiliates, resellers, distributors, thirdparty apps and services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or failures of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services. © 2022 All Rights Reserved 14 BathurstFamilyTherapy.com Section 12. Integration. This Agreement shall constitute the entire agreement between the parties. There are no representations or other agreements, oral or written, between the parties other than as set forth in this Agreement. Section 13. Modification. This Agreement shall not be modified or replaced, in whole or in part, except by written amendment. Section 14. Assignment. This Agreement shall not be assigned without the written consent of both parties. Section 15. No Waiver of Breach. Any delay on the part of Consultant to enforce any breach of this Agreement shall not be deemed a waiver. © 2022 All Rights Reserved 15 BathurstFamilyTherapy.com Section 16. Interpretation. This Agreement shall be interpreted and enforced by the laws of the State of Maryland. Section 17. Severability. If any provision of this Agreement is determined or declared by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall be unaffected and shall be interpreted so as to give the fullest practicable effect to the original intent of the parties. Section 18. Communication and Notices. All written communication or Notices from Client to Consultant shall be emailed or copied to: [email protected] © 2022 All Rights Reserved 16 BathurstFamilyTherapy.com Section 19. Absence of Warranty Merchantability of Fitness for a Particular Use. A. All services of Consultant and sub-consultants will be performed in a reasonable and prudent manner in accordance with generally accepted practice. All estimates, recommendations, opinions and decisions of Consultant will be on the basis of the information available to Consultant and the professional’s experience, technical qualifications and judgment. There are no warranties of merchantability or fitness for a particular purpose or any other warranties or guarantees whatsoever, expressed or implied, with respect to any service performed under this Agreement. A. All services delivered are considered final by both parties, after the Client has reviewed the delivery, requested any necessary changes and given final approval. Any changes above and beyond the original agreement will be considered as an addendum to this agreement or, in the alternative, a new project and Consultant will issue a budget and time proposal to render the new services. Warranty is voided if Client, or any party authorized by the Client, amends intellectual property created by Consultant. © 2022 All Rights Reserved 17 BathurstFamilyTherapy.com Section 20. Independent Contractor. Consultant is an independent contractor and Consultant and the Consultant’s staff shall not be deemed to be employee(s) of Client. Consultant reserves the right to determine the manner, method and means by which services will be performed as well as to set the hour of work and schedule that will be followed by Consultant. Section 21. Scope Of Program. A. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as advice or counseling tailored to any specific business or industry B. Client agrees to check with their medical provider, attorney, mental health practitioner, medication prescriber prior to integrating recommendations given in the context of this retreat experience. Consultant is not able to give any legal or financial advice, nor is Consultant responsible for Client failing to perform due diligence. © 2022 All Rights Reserved 18 BathurstFamilyTherapy.com A. Content is centered around 1) Identification and personal growth processes to create a healthy system 2) relationship coaching for reconnection 3) creating structural and strategic changes to their relational systems for improved quality of life 4) Planful routine changes and behavioral modifications to ensure follow-through post-retreat 5) stabilization of individual mental health (not intended to replace your own personal mental health practitioner or medical doctor) 6) Intimacy creation and enhancement C. All materials, procedures, policies, standards, manuals, teaching aids, and other similar tools that have been, or will be, made available by Consultant or its designated facilitators, or any other source, oral or written, are for individual use in or in conjunction with this training Program only D. Program content is for individual use only, and may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the expressed written consent of Consultant, or its designated agent E. The information contained in Program material is strictly for educational purposes and in no way constitutes legal, health or financial advising © 2022 All Rights Reserved 19 BathurstFamilyTherapy.com F. Success with this Program is largely driven by your willingness to take actions as recommended by Consultant, as it relates to the content of the Program G. If you wish to apply (or not apply) ideas, concepts, teachings, etc. contained in this material, you are taking full responsibility for your actions and furthermore you agree that your success with the Program is dependent on your willingness to follow the steps outlined by Consultant and complete the milestones by the suggested dates H. Consultant assumes no responsibility for errors or omissions that may appear in any Program materials I. In addition to the training modules, as a Program participant you will have the opportunity to utilize the following as part of the Program for 3 months: ● FLOW Steps 1-4, Templates + All Updates for 3 Months ● Monthly Implementation Workshop Sessions with Consultant Coaches ● 1-on-1 Intensives with Dr. Bathurst after all 4 milestones ● Weekly guided activities ● Access to private property for relaxation and private discussion ● Outsource Guide (access the companies we work with) © 2022 All Rights Reserved 20 BathurstFamilyTherapy.com ● Google Doc and Canva Templates to personalize ● Access to Kajabi Support Group ● Access to Trello Board for organization / accountability ● 3 Months of Project Management (Includes chat access) ● Individual and Relationship Coaching Lessons Section 22. Service Terms. Consultant will have 2.5 months (76 days) from date of payment to deliver Client all access to required materials (which includes, but is not limited to, welcome kit, course logins for all 4 steps, worksheets, assigned activities with instruction, photographs, PDF downloads and video content). Consultant has up to 15 business days to deliver Client’s final assets after Client has delivered all requested assets. Service comes with: ● Client Portal - Client gets access to a Learning Portal full of videos that organizes milestones of the program, contains descriptive video tutorials, and links to all worksheets that the Client needs to create their own relational reconnection.. © 2022 All Rights Reserved 21 BathurstFamilyTherapy.com ● 3 Month Email and Community Support - Client can email the Program Manager at [email protected] if they have any questions about how to implement teachings or assigned activities that are not included in the Operations Manual. Please note that Client must ask Kajabi’s private support team regarding any ‘how to use Kajabi’ technical questions they may have. ● Audio Recordings - Client will have access to mindfulness audio recording for integrative learning of therapeutic skills. ● Client Worksheets - Client will be provided with copies of all personalized worksheets, handouts associated with video lessons and Canva templates that are theirs to use during and postprogram. Visualizations help complex concepts necessary for growth to immediately sink in using pre-structured, simplified visuals for your benefit. Scope of Services ● Visual Diagrams - Feedback Loop of Energy Flow Visual, Relationship Visual Timeline Template in Canva, 8 Forms Intimacy, ● Worksheet Toolbox - FLOW® Formula Theory and Quiz, Mantra Development, Flow and Block Expressions, Gratitude Journal, Commitment Contract, Unique Conversation Starters, Baggage © 2022 All Rights Reserved 22 BathurstFamilyTherapy.com Release Template, Offer Overview, Energy Exchange Analogy, Concretize Energy, Mindfulness Visualization, Feedback Loop of Energy Flow, Energy Evaluator, Research and Relationships, Communication Scripts, etc. ● Monthly Group Zoom Calls w/ Dr. Bathurst - Monthly group video session. Groups will always be a MAXIMUM of 10 couples. ● 24/7 Community Support - Contact the Kajabi group or Help email with any questions and we will get back to you within 24 hours of the next business day. ● 30-minute Intensive with Dr. Bathurst - Get down and personal with world renowned Clinical Sexologist, Relationship Therapist, Life Coach and Holistic Healer. This intensive strategy session is deeply focused and personalized to prepare you for success post-program completion. ● Superior Accountability - Using Trello boards, App integration for time management, pre-filled Calendar distribution for all 3 months, Program Manager check-ins used for motivation during off weeks from  coaching calls, accountability is well attended. ● Intimacy Expansion – Visual diagrams, lessons, worksheets, activities and video tutorials that incorporate all 8 forms of Intimacy. © 2022 All Rights Reserved 23 BathurstFamilyTherapy.com ● Learning Portal - Consists of a Program Overview and all 4 steps / milestones of the program. Videos will overview theory, instructions for worksheets and activities provided. Contract Agreement Between Client Name: _____________________________ Signature: _____________________________ Dated: _______________ & Bathurst Family Therapy, LLC. Name: Dr. Stephanie P. Bathurst Title: SR. MANAGING PARTNER