BDE Moves Coaching Programs Contract

Effective date: 11/04/2024

User Agreement for BDE Moves, LLC Coaching Programs

IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING BDE MOVES, LLC'S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, RESOURCES, AND/OR PROGRAMS ASSOCIATED WITH BDE MOVES, LLC PROGRAMS. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:

1. YOU HAVE READ THIS AGREEMENT,
2. YOU UNDERSTAND IT, AND
3. THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.

 

This Agreement (“Agreement”) is a legal contract between BDE Moves, LLC, Raleigh, NC, United States, 27609 (“BDE Moves”), and the undersigned program participant(s) ("YOU") a couple, (collectively the “Parties”).

 

WHEREAS, BDE Moves is engaged in this business of Relationship & Sex Coaching for LGBTQ+ Couples & Individuals; and WHEREAS, YOU desire to engage BDE Moves to provide relationship & sex coaching services to YOU in the form of access to a coaching program provided by Whitni Miller, self-studied intimacy expert endorsed by Lori Brotto & SHA coach in training; ongoing support via messaging during business hours (9am-5pm EST as time allows) throughout the duration of the program; & assigned homework. NOW, THEREFORE, the Parties agree as follows:

SECTION 1: MEMBERSHIP AND PROGRAM FEES

1.1Programs: Under the terms of this Agreement, BDE Moves agrees to provide Relationship & Sex Coaching services to YOU in the form of program access as outlined in the program of registration provided by Whitni Miller, self-studied intimacy expert endorsed by Lori Brotto & SHA coach in training; ongoing support via messaging during business hours (9am-5pm EST as time allows) throughout the duration of the program; & assigned homework. 

NOW, THEREFORE, the Parties agree as follows (“Program(s)”) in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional upon payment of such Program Fee.

1.1.2 Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in a BDE Moves Coaching Program.

1.1.3. Termination: BDE Moves may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity. Should BDE Moves choose to terminate this agreement before the completion of the Program, BDE Moves will provide a prorated refund within twenty-one (21) calendar days.

1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay BDE MOVES, LLC

1. The sum of $5000 USD, due in accordance with the payment agreement signed up for which will auto-deduct payments based on the schedule agreed to (Pay in Full or Automated Payments) to have access to and use of the BDE Moves Coaching Program.

1.2.1 If the couple decides to separate and no longer wishes to finish the remainder of the program, they will be responsible for the remaining payments until the agreement is complete.

1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by BDE Moves, YOU affirmatively agree and acknowledge that BDE MOVES may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.

1.4. No Refunds: BDE MOVES abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by BDE MOVES. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.

SECTION 2: NO WARRANTIES

2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that BDE MOVES provides Program(s) related to relationship & sex coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience income loss by using the Program. In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any personal growth venture.

2.2. Limited Liability: In no event will BDE MOVES be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if BDE MOVES has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

2.3. Commitment to the Program. By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.

SECTION 3: CONFIDENTIALITY

3.1. Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by BDE MOVES by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, Contact Information, or any login member credentials to any third party, or use the Documentation, Video, Audio, Contact Information, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement. BDE MOVES will not acknowledge their clients if they run into them outside of coaching in an effort to protect client confidentiality. Other ways confidentiality is protected include:

• Not leaving revealing information on voicemail or text.
• Not acknowledging to outside parties that a client has an appointment.
• Not discussing the contents of coaching with a third party without the explicit permission of the client.

3.2. Communication: All communication between YOU and BDE Moves must include all Parties. There will be no allowance for individual private sessions or communications with BDE Moves. If this happens BDE Moves at its sole discretion may share what was said in the next session with all Parties.

3.3 Consent: YOU do hereby irrevocably consent to appear in the coaching program and to be recorded, filmed, videotaped or otherwise to have your voice and performance captured, reproduced and distributed as determined necessary by BDE Moves, LLC. YOU further agree that BDE Moves shall have the exclusive right to edit the content of and to make derivative works using the recordings. YOU consent to the use of AI tools to edit the recording, provided there is no material alteration to the content, meaning, tone, or character of the words originally spoken.

SECTION 4: MISCELLANEOUS

4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.

4.2. Scheduling: All appointments must be attended as scheduled. Any missed sessions due to YOU missing without prior notice will count towards your program completion. YOU may request up to 2 rescheduled sessions. Reschedule requests must occur at minimum 24 hours ahead of time. BDE MOVES reserves the right to reschedule at its sole discretion due to requests, emergencies, or other as needed.

4.3. Indemnification: YOU will, at your own expense, defend, indemnify, and hold BDE MOVES, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

4.4. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and BDE MOVES concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with BDE MOVES relating to the Program, whether oral or written.

4.5. Amendment: BDE MOVES reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement. 

4.6. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of North Carolina. The venue for any dispute shall be in the County of Wake County.

4.7. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.

4.8 Notice. Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing to the addresses included in registration for the programs. Electronic mail is permissible but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.

4.9.a. Each party has participated in negotiating and drafting this Agreement, such that if any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if the parties had drafted it jointly, as opposed to being construed against a party by reason of the rule of construction that a document is to be strictly construed against the party on whose behalf of the document was prepared.

4.9.b. The Agreement may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties. The parties expressly agree that with respect to this Agreement, a facsimile or electronic signature in the form of an affirmative check in the checkbox & submission of registration in the program or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged shall be binding upon the parties.

BY REGISTERING FOR THE PROGRAM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.

IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the date of registration.