BEYOND BREATH COACHING PROGRAM TERMS AND CONDITIONS
1. BEYOND BREATH SCOPE:
[Lifetime Access] The 8 Part Model to Breathe Again: the exact strategic steps to take you from surveillance and rumination to peace and clarity in your marriage after infidelity.
[4 Months] Bi-Weekly Group Coaching Calls: get direct feedback from me and my team, and support from your biggest cheerleaders.
[4 months] Private Dedicated Slack Channel: heal and find support with like-minded women dedicated to their own healing and get coached through roadblocks right away.
BONUS 1-Beyond Breath Workbook and Journaling Questions: Visual Poetry: Follow along through the modules with the workbook that gives visual aid to what you are learning, or answer the thought-provoking journaling questions at the end of each video.
BONUS 2- Access to All Previous Coaching Calls: Gold Nuggets in Every Call: Listen to the women who have come before you. Learn from their experiences. Visualize where you’ll be in just a couple of weeks! Binge listen like you would a podcast
BONUS 3- FREE COURSE: Emotional Fitness: Movement is life. Use this course to support your understanding of Beyond Breath and deepen the intimate relationship you are creating in your body.
2. PROGRAM FEE AND PAYMENT SCHEDULE
Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount.
The fee for the program paid in full is $6,000 USD if the client chooses to pay in full at the time of signing this agreement or 4 monthly payments of $1725 USD (total $6900 USD) (the “Fee”).
Program Access will be granted upon receipt of payment. Client’s purchase and access constitutes your Agreement to all of the terms and conditions herein. Client also agrees to remit a ink or electronically signed copy of this Agreement within 24 hours of purchase. Failure to remit signed Agreement may result in loss of access to the Program until remitted.
FOR CLIENTS PAYING IN FULL
Once notified by Company of acceptance into the Program, Client must pay the Program Fee of $6000 USD and return a signed copy of this agreement to the Company within 24 hours of purchase
Failure to return a signed copy of this Agreement and pay the Program Fee by The foregoing deadline will result in Client forfeiting his/her admission into the Program.
FOR CLIENTS SELECTING THE PAYMENT PLAN
Once notified by Company of acceptance into the Program, Client must make an Initial Payment of $1725.00 USD to the Company and return a signed copy of this agreement to the Company within 24 hours of purchase (“Initial Payment”).
Initial payment is due upon purchase.
Failure to return a signed copy of this Agreement and pay the Initial Payment by the foregoing deadline will result in Client forfeiting his/her admission into the Program.
The remaining balance of $5175.00 USD is to be paid in monthly installments of $1725.00, starting 30 days following the initial payment. Client specifically agrees that the Program is not a monthly membership, that the fee in total is earned by the Company at the time Client is granted access to the Program, and client will not cease payments unless specifically agreed in writing by the Company. Client agrees to maintain a valid credit card in the Program platform’s secure payment site.
Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that the Company will charge the credit card chosen by the Client.
In the event the Client fails to make any of the payments within a payment plan as scheduled, or in the event Client’s card is withdrawn, declined, or charged back, the Company will immediately remove Client from the Program until payment is paid in full, including removing access to modules, materials, private client group, and coaching calls. If Client has not paid within five (5) days of the payment due date, Client will be in default and breach of this Agreement, and the Company, as its discretion may terminate this agreement, refer all unpaid amounts to collections, and/or utilize any other remedy allowable by law to collect the unpaid balance in full. Any unpaid past due amounts shall carry the highest interest rate allowable by law, and Client will be responsible for any and all fees and costs of collection, including attorney’s fees.
In the event the Client needs to update the payment information that was originally given to process payments to the Company, the Client must make arrangements to update the card information no later than 14 days before the payment is due. Further, if the Client is in need of updating their payment information after a charge has already been made, there will be an additional 3% fee added to the payment amount to cover fees associated with having to refund original form of payment and process payment on a new card.
3. Cancellation & Refund Policy
The full fee of the Mastermind is non-refundable and non-transferable. If Participant elects the payment plan option, Participant is responsible for paying Company the entirety of the remaining balance. The payment plan must be paid on time each month and any default in payment will result in immediate removal from the Mastermind. Company retains the right to legally enforce Participant to pay any remaining balance on their payment plan should cancellation or non-payment occur.
Further, no partial refunds of any kind will be allowed for reasons including, but not limited to, a Participant’s absence at a Group Cal due to cancellation or rescheduling difficulties, financial means of Participant, or any other reason Participant determines he/she does not want to continue with the Mastermind program.
4. Group Calls
All Group Calls will last for  minutes and include group coaching from Company, hot seats, roundtable discussion, and other types of online coaching. Participant is encouraged to attend all Group Calls but is not required to.
Participant understands that the Group Calls will only occur during the package time frame and Participant acknowledges that calls will not rollover past the end date of the group program.
5. Duty of Participant on Group Calls & Group Forums
Participant shall act respectfully on all Group Calls and in group forums. Participant agrees to give as much as he/she takes. Participant shall refrain from crude behavior or over-taking other participants. Company retains the right to ask Participant to leave a Group Call early if Participant’s behavior is unacceptable.
6. Duty of Company
Company agrees to perform its services as the Mastermind leader to the best of its ability through the duration of the Mastermind program. In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, closing of its business, or other personal emergencies , it will:
Immediately give Notice to Participant;
Attempt to find another competent professional to take its place with the mutual agreement of Participant;
If another competent professional is not available or Participant does not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Participant of any further performance and/or payment obligations in this Agreement.
7. Right to Use Participant Contributions & Model Release
Through Participant’s participation in the group program, Participant may post materials, comments, or replies to comments (“Participant Contributions”) on group forums, materials, or via email to Company. Participant grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Participant Contributions.
This Agreement serves as a model release giving Company the irrevocable right to use the photographs and video taken by Company on Group Calls in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Company can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Company. Participant waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Participant, their legal representatives, heirs, and assigns.
Company may offer bonuses for paying in full/early bird pricing for enrolling in the Group program. Specific bonuses are only guaranteed at the exact time when Participant enrolls. Participant may only receive the benefit of bonuses during the Mastermind program period. No bonuses are available to be used or “cashed in” after the Group program ends. Company reserves the right to change or alter bonuses and promotions throughout the enrollment process in its sole discretion, whereby participants may receive differing bonuses upon enrollment.
Company is generally available to provide services during normal business hours: Monday – Friday 10am – 5pm EST, excluding holidays. Company WILL ONLY answer communication through the Mastermind program within the group forum platform. Company will respond to Participant’s questions on the platform within [3 days] during business hours. Company WILL NOT answer any emails or direct messages on social media from Participant.
10. Service Location
Both Parties agree and understand that the Group program, group discussions, and additional services to be provided under this Agreement shall be performed virtually.
Participant shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the Company’s coaching materials, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its course and coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
Participant further agrees to not disclose to any third party any details regarding the business of any other participant in the Mastermind. Participant agrees that the Mastermind group is a safe space for all participants to share personal and relational struggles, strengths and weaknesses, wins and failures, etc. and Participant agrees to keep all things learned from other participants strictly confidential within the Mastermind group.
12. No Guarantees
Company does not make any guarantees as to the results, including financial or other gains, of any services provided throughout the Group program. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Participant agrees to take responsibility for Participant’s own results.
13. Release & Reasonable Expectations
Participant has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Mastermind will produce different outcomes and results for each Participant. Participant understands and agrees that:
Every Participant and final result is different.
Business coaching and/or consulting is a subjective service and Company may give different information to each Participant depending on his/her needs and business needs.
Company will use its personal judgment to create favorable experiences on all Group Calls, but that each Group Call’s core subject may not be applicable to each Participant depending on his/her business needs at that time.
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.
Participant agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Participant desire professional services that exceed the scope of this Agreement, Participant must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.
15. Waiver of Liability
Participant voluntarily signs this waiver in consideration for the Katie Marie Photography + Education Mastermind indicated above. Having read and signed this waiver, Participant acknowledges that for himself/herself, Participant’s heirs, executors, administrators, representatives, or anyone else who might claim on Participant’s behalf, hereby waives, releases and discharges Company and its officers and directors, staff, employees, agents and volunteers from and against any blame and liability for any injury, harm, loss, inconvenience, or any other damage of any kind whatsoever, which may result from or be connected in any way to Participant’s participating in the Mastermind and on the Group Calls, and Participant agrees to hold them harmless from any such claim(s). In addition to the absolute and unqualified release from all liability, Participant hereby represents that Participant will conduct herself/himself in a prudent manner while participating on the Group Calls. Company reserves the right to release Participant from a Group Call if it feels the Participant’s conduct is inappropriate or disruptive. Participant is aware that by signing this, Participant is waiving certain legal rights, including the right to sue Company or its officers and directors, staff, employees, agents and volunteers.
The Parties agree that, at all times during this Agreement, they shall use reasonable and good faith efforts to ensure that neither party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of other party. The Parties further agree to do nothing that would damage the others business reputation or good will; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.
17. Maximum Damages
Participant agrees that the maximum amount of damages he/she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in this Mastermind.
18. Limitation of Liability
In no event shall Company be liable under this Agreement to Participant or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Participant was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Participant agrees to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Participant’s participation in services and any related activities, including by not limited to riding in cars with Company employees, contractors, subcontractors, or other Mastermind participants.
20. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within  days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of  days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
In the event of termination due to a Force Majeure Event, any and all payments made by Participant up to the date of Notice of a Force Majeure Event are non-refundable. Furthermore, a Force Majeure Event may delay performance of payment by Participant, but Participant is still required to complete all remaining payments after the Force Majeure Event ends. If a Force Majeure Event severely impacts the Mastermind program or ability of Company to provide its services, Company will offer alternative forms of coaching that are equivalent to the services intended under this Agreement in Company’s sole discretion.
21. Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Participant and remitted by Company. All sales tax will be included on invoices.
22. Assignability and Parties of Interest
Participant shall not assign, sub-contract, substitute, or hire any third party to take the place of Participant in performance of this Agreement.
23. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between Participant and Company, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
24. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Utah County, Utah. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Utah County, Utah, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
26. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
This Agreement cannot be transferred or assigned to any third party by either the Company or Participant without written consent of both Parties.
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: