By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by https://createandfunnel.com (doing business as “Create and Funnel” or “Christopher Basurto”.
This Agreement, referred to as the “Teacher Business Coaching Contract,” is established between Create and Funnel, known as the “Company,” and the client, referred to as the “Client.”
The Company specializes in offering personalized coaching services to support individuals in establishing and expanding their online teaching businesses. The Client seeks to engage the Company for these services, and the Company agrees to provide them in accordance with the terms and conditions outlined in this Agreement.
By entering into this Agreement, the parties acknowledge the mutual commitments stated herein and the exchange of valuable consideration. Therefore, they agree to the following terms:
SCOPES OF SERVICES
The Company agrees to provide the Client with support, as detailed below, and to foster accountability towards mutually established goals. Please note, however, that while the advice provided is based on personal experience, it does not serve as a substitute for legal advice. Outcomes will vary based on individual circumstances. The services include, but are not limited to:
- a) ONE 60-minute coaching sessions conducted via video call. This is followed by feedback.
RESPONSIBILITIES OF EACH PARTY
- a) The Company agrees to provide the services in a professional and timely manner.
- b) The Company will maintain confidentiality and privacy in accordance with the Confidentiality Clause in this Agreement.
- a) The Client commits to punctuality for the (one) coaching session.
- b) The Client will ensure a distraction-free environment during the coaching sessions to maintain focus and presence.
- c) The Client will prepare an agenda for the session, outlining the specific areas they seek coaching on.
- d) The Client will provide the Company with all necessary information required for effective coaching.
- e) The Client will uphold high expectations for both themselves and the Company, fostering a productive coaching relationship.
- f) The Client grants the Company permission to provide direct and bold feedback.
- g) The Client will take responsibility for their own learning, including note-taking and key takeaways from each session.
- h) The Client commits to implementing the strategies and steps suggested by the Company for the success of their online teaching business.
- i) The Client will provide constructive feedback to the Company about what is working and what needs adjustment in the coaching process.
- j) As a courtesy, the Client will inform the Company of any scheduling conflicts more than 48 hours in advance of the scheduled session.
The Company believes in the value and effectiveness of the Coaching Program and expects that the Client will be satisfied with the Program. However, if for any reason the Client is not satisfied, the Client may choose to stop the Program at any time, regardless of whether they have completed the Program.
Please note, the Company will have invested considerable time and effort in the Client’s Program, and if the Client decides to withdraw for any reason, the Client will remain fully responsible for all payments and the full cost of the Program.
The Client acknowledges and accepts that the Company does not offer refunds for this Program.
Once payment is made, it is non-refundable and non-transferable.
The Company acknowledges that in the course of this Agreement it will have access to confidential and proprietary information belonging to the Client. The Company agrees to keep all such information strictly confidential and not to disclose such information to anyone else without reason to know such information, unless required by law, ethics, or upon written authorization by the Client.
The Company prioritizes being accessible and attentive to its clients. If the Client needs to reach the Company before the coaching sessions, they are encouraged to contact the Company at any time via email at info@createandfunnel. The Company will do its best to respond to the Client within twenty-four (24) hours from Monday to Thursday. On weekends and holidays, the Company will reply on the next business day.
The Client may be granted access to Facebook or other social media groups for additional education and materials. The intent of such groups is to facilitate the coaching relationship, improve accountability, encourage members, celebrate achievements, create a community for clients, and facilitate coaching opportunities.
If the Company deems a Client’s behavior or content inappropriate, harmful, or offensive in any way, the Client or the content may be removed from the group without any notice. The Client agrees to conduct themselves in a manner that is respectful and considerate of the other members of the group.
Intellectual Property Rights
All content provided by the Company to the Client (collectively, “Content“), including but not limited to, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is the Company’s property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions.
The Company grants the Client a limited license to access and make personal use of the Content for noncommercial, home use only, provided that the Client: (a) keeps intact all copyright, trademark and other proprietary rights notices; (b) does not modify any of the Content; (c) does not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) does not download Content so as to avoid future downloads.
The license granted to the Client under this Agreement does not include, and specifically excludes, the following rights:
- a) The right to resell or make any commercial use of any Content;
- b) The right to collect and use any product listings, descriptions, or prices;
- c) The right to make any derivative use of the Content;
- d) The right to download or copy account information for the benefit of anyone else;
- e) The right to use any form of data mining, robots, or similar data gathering and extraction tools.
The Client is expressly prohibited from framing or utilizing framing techniques to enclose any Content, or other proprietary information, or using any meta tags or any other “hidden text” utilizing any such intellectual property, without the express written consent of the Company and each applicable owner.
Any unauthorized use of the Content may result in the termination of the license granted to the Client. The Client is granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter.
The Client may not use any of the Company’s intellectual property as part of the link without our express written consent. Any unauthorized use automatically terminates the license granted to the Client hereunder.
Personal Responsibility and Assumption of Risk
The Client acknowledges and agrees that they are solely responsible for their well-being and all decisions made before, during, and after their participation in the Program. The Client understands and agrees that the information, Programs, and services provided by the Company are made available as marketing and business tools for their personal use and for informational and educational purposes only.
The Client accepts full responsibility for their choices, actions, and results, and expressly assumes the risks of the Program, whether used or unused. The Client understands that they are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated by the Program.
The Company has used care in preparing the information provided to the Client, but the Client acknowledges that their participation in the Program is at their own risk. The Client agrees to take full responsibility for their own physical, mental, and emotional well-being during and after their participation in the Program.
Disclaimer of Warranties; Waiver and Release
The content and services provided by the Company are offered “as is” and without any warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, the Company disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that the functions contained in any content will be uninterrupted or error-free, that defects will be corrected, or that the servers that make such content available are free of viruses or other harmful components. The Client assumes the entire cost of all necessary servicing, repair, or correction of their equipment or software.
The Company makes no representations or warranties regarding the use, or the results of use, of any content, product, or service contained on or offered, made available through, or otherwise related in any way to the Client. The Company is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist, or accountant.
The Client understands that the Company has not promised, will not be obligated to, and will not: (1) procure or attempt to procure employment or business or sales for the Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for the Client; (6) introduce the Client to the Company’s full network of contacts, media partners or business partners.
The Client acknowledges that a relationship does not exist between the parties after the conclusion of this Program. If the Parties continue their relationship, a separate agreement will be entered into.
The Client acknowledges that they have carefully read this “waiver and release” and fully understand that it is a release of liability. The Client expressly agrees to release and discharge all indemnified parties from any and all claims or causes of action and agrees to voluntarily give up and irrevocably waive and release any right that they may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.
Every effort has been made to accurately represent this Program and its potential. There is no guarantee that the Client will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques.
The Company does not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. The Client’s level of success in attaining the results claimed in our materials depends on the time the Client devotes to the program, ideas, and techniques mentioned, the Client’s finances, knowledge, and various skills. Since these factors differ according to individuals, we cannot guarantee the Client’s success or income level, nor is the Company responsible for any of the Client’s actions.
Limitation of Liability
Under no circumstances will the Company be liable to the Client or any third party for any direct, indirect, incidental, special, or consequential damages (including lost profits), personal injury (including death), or property damage of any kind or nature whatsoever that arise out of or result from:
Participation in this Program or any content or functions thereof; or
Any act or omission, online or offline, of any participant in this Program or anyone else, even if the Company has been advised of the possibility of such damages.
In no event will the Company’s total liability to the Client for all loss, cost, damage, liability, or expense (including attorneys’ fees and costs) that the Client may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by the Client, if any, for the right to access or participate in any activity related to this Program.
Under no circumstances will the Company or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
The Client, on behalf of their heirs, next of kin, family members, estate, beneficiaries, executors, administrators, and representatives (collectively referred to as the “Client”), agrees to indemnify, defend, and hold the Company, and our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability, and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with, or related to any breach or alleged breach by the Client of this Agreement.
The Client agrees to use their best efforts to cooperate with the Company in the defense of any claim. The Company reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by the Client.
All correspondence or notice required regarding the Program will be made to the Company and to the Client at the e-mail address provided during enrollment in the Program. Should the Client’s e-mail address or contact information change at any time throughout the course of the Program, it is the Client’s responsibility to provide the updated contact information within seventy-two hours.
Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will be binding only if evidenced in a writing signed by each Party.
Neither this Agreement nor any other rights or obligations under this Agreement may be assigned or otherwise transferred by either Party.
The failure to enforce any provision of this Agreement will not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.
Effect of Partial Invalidity
The invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.
The Client and the Company will make their best efforts to resolve any differences through a phone conversation or via email. However, should a dispute arise, both Parties agree to submit to binding arbitration before a single arbitrator, selected jointly.
Prior to seeking arbitration, the Client must submit a complaint to the Company with full details about the dissatisfaction with the Program via e-mail to firstname.lastname@example.org. The Client understands that the only remedy that can be awarded through arbitration is a full refund of the Client’s Payment made to date. No award of consequential or any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement, the Client agrees to a modification of the statute of limitations such that any arbitration must commence within one (1) year of the date of the act, omission, or other conduct complained of, or it will be forfeited forever. Arbitration will be held in California, United States, and the prevailing party will be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between the Client and the Company, the Client agrees not to engage in any conduct or communications, public or private, designed to disparage the Company. The Client is not prohibited from sharing their thoughts and opinions as part of the legal process where required by law or arbitration.
Non Disclosure Obligations
The Client agrees to hold the Confidential Information provided by the Company in confidence and promises:
To take commercially reasonable measures to protect and safeguard the Confidential Information against unauthorized use, dissemination, publication, or disclosure;
Not to use any of the Confidential Information except in connection with the execution of the Company Services; and
Not to reveal, report, publish, disclose, or transfer any of the Confidential Information to any third parties, except to its Representatives as defined, or as otherwise specifically authorized by the Company.
Non-Solicitation of Employees
The Client agrees not to specifically solicit for hire or poach any of the Company’s employees, agents, consultants, advisors, independent contractors, partners, directors, or anyone otherwise having an interest in employment or a business relationship with the Company. Generalized searches for employees through advertisements or independent employment agencies are exempt from this clause, as are ordinary course hiring practices not specifically targeted at the Company’s associates.
Neither Party will be liable for failure to perform its obligations under this Agreement if such failure results from acts of God, strikes, equipment or transmission failure, or other causes reasonably beyond its control.
This Agreement will be governed by and construed in accordance with the laws of California. The courts of Los Angeles County will be the sole forum for resolving disputes under this Agreement.
This Agreement constitutes the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
Last Updated: July 01, 2023