TERMS AND CONDITIONS OF USE

ENCOURAGE OVER EVERYTHING, EOE

Last Updated on January 1, 2024

These Terms and Conditions of Use are the official agreement between Encourage Over Everything (“EOE,” “We,” “Our,” or “Us”), located at 1750 Prairie City Road Suite 130 676, Folsom, CA 95630, and you, the Client (“You,” “Your,” or “Client”). These terms govern your use of our services, products, and resources, as well as your relationship with Letitia Hopkins or any designated coach under the Encourage Over Everything, EOE entity.

PURPOSE OF THE AGREEMENT: The Purpose of this Agreement is to enter into a coaching relationship between the Coach and the Client, where the Coach will train the Client and cultivate his/her personal, professional and/or business goals. The Coach will also create a plan to carry out the goals mentioned in this Agreement to maximize the Client’s personal and/or professional potential.

TERM: This Agreement shall enter into force on the date of the last signature by the Parties. It shall remain in force for the agreed upon period. This Agreement may be renewed as per written consent of both Parties.   

By accessing our website, purchasing our products, enrolling in our coaching programs, or otherwise engaging with our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should discontinue use of our services immediately.

DEFINITION OF PARTIES

For the purposes of these Terms and Conditions:

- EOE refers to Encourage Over Everything, including its owner, Letitia Hopkins, employees, contractors, agents, and affiliates.

- The Coach refers to Letitia Hopkins, a Certified High Performance Coach specializing in life, love, and relationships, or any other coach designated by EOE.

- The Client refers to any individual or entity that engages in a coaching relationship with EOE, whether through one-on-one sessions, group coaching, consultations, courses, or any other product or service offered by EOE.

COACH’S RESPONSIBILITIES AND DUTIES

The Coach is committed to providing the highest standard of service to the Client. This includes delivering the agreed-upon services in a professional, respectful, and confidential manner. Services may include, but are not limited to, consultations, one-on-one coaching sessions, group coaching sessions, and access to courses or training materials and resources. These services will be provided according to a mutually agreed-upon schedule, unless changes are agreed upon by both parties.

The Coach is responsible for maintaining professional boundaries and providing guidance, encouragement, and tools to support the Client’s personal and professional growth. All information shared by the Client will be kept confidential, except where disclosure is required by law or agreed upon by the Client in writing.

CLIENT’S RESPONSIBILITIES AND DUTIES

The Client agrees to actively engage in the coaching process, which includes attending all scheduled sessions on time and with full attention. The Client is expected to dedicate the necessary time each week to attend one-on-one sessions and complete any homework assignments or preparatory work before the next session. This commitment is essential to achieving the desired outcomes from the coaching relationship.

In addition, the Client agrees to communicate respectfully and openly with the Coach, following any processes or guidelines set forth by the Coach. The Client is also responsible for upholding the full terms of this agreement, including adhering to the schedule of services, payment terms, and any other commitments made during the coaching relationship.

CLIENT CONDUCT

As a Client of EOE, you are expected to adhere to the following code of conduct:

- Respectful Communication: Engage with the Coach and other participants in a manner that is respectful and constructive. Any form of harassment, discrimination, or inappropriate behavior will not be tolerated.

- Commitment to Growth: Actively participate in the coaching process by being open to feedback, completing assignments, and attending sessions as scheduled.

- Confidentiality: Respect the confidentiality of other clients in group settings and do not disclose personal information shared by others during sessions.

- Integrity: Be honest and transparent in your communications with the Coach. This includes providing accurate information about your needs, goals, and progress.

- Responsibility: Take responsibility for your actions and outcomes, understanding that the coaching process is a collaborative effort that requires your active participation.

Failure to adhere to this code of conduct may result in the termination of the coaching relationship, with any fees paid up to that point being non-refundable.

NOTICE AND CONFIDENTIALITY

All notices required under this agreement must be in writing and delivered via email. For notices to EOE, please send them to [email protected]. Notices to the Client will be sent to the email address provided by the Client at the time of registration.

Confidentiality is a cornerstone of the coaching relationship. Both the Coach and the Client agree to maintain the confidentiality of all sensitive information exchanged during coaching sessions. This confidentiality agreement extends to all communication between the parties, except where disclosure is required by law or where both parties have agreed in writing to the disclosure.

GENERAL PROVISIONS

By using our services, products, or resources, the Client agrees to these Terms and Conditions and acknowledges that they have read and understood them. The Client also agrees to adhere to the terms of use for our website and any other online platforms associated with EOE.

Payment for services is due according to the terms agreed upon at the time of purchase. The Client agrees to provide payment in a timely manner and understands that failure to do so may result in suspension of services or additional fees. EOE reserves the right to modify or discontinue services at any time, with appropriate notice given to the Client.

The Client agrees to use any products, courses, or coaching services provided by EOE for personal development purposes only. Unauthorized distribution, sharing, or reproduction of these materials is strictly prohibited. The Client consents to use these materials in accordance with the guidelines provided by EOE.

CANCELLATION POLICY

The Client must provide a minimum of 24 hours' notice if they need to cancel a scheduled session or meeting. If less than 24 hours' notice is provided, a $150 cancellation fee will apply. This policy is in place to ensure that the Coach’s time is respected and that other clients have the opportunity to schedule sessions if a slot becomes available.

DISPUTE RESOLUTION

In the event of a dispute arising from this agreement, the parties agree to a first attempt resolution through mediation. If mediation fails to resolve the issue, the dispute will be resolved through binding arbitration under the laws of the State of California. The Client will be responsible for Coach and Client attorney fees and costs unless otherwise determined by the arbitrator.

COPYRIGHT FOR DIGITAL PRODUCTS AND CONTENT

All digital products, courses, training materials, and content created and provided by EOE are protected by copyright law. This includes, but is not limited to, text, graphics, logos, images, audio clips, video clips, digital downloads, and any other materials provided through our services.

EOE retains full ownership of all intellectual property rights for these materials. Clients are granted a limited, non-exclusive, non-transferable license to access and use the materials for personal development purposes only. Clients may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material without prior written consent from EOE.

Any unauthorized use of EOE’s digital products or content may result in civil or criminal penalties. If you wish to request permission to use any EOE content, please contact [email protected] with your request.

INTELLECTUAL PROPERTY NOTICE

All intellectual property associated with EOE, including but not limited to course materials, coaching tools, and content, remains the exclusive property of EOE. The Client may not use, reproduce, or distribute these materials without express written permission from EOE.

Any request to use content must be submitted in writing to [email protected]. Unauthorized use of EOE’s intellectual property may result in civil and criminal penalties.

DATA COLLECTION AND USE

We collect personal information from you only as necessary to provide our services, process payments, and communicate effectively with you. This information is used exclusively for the purposes of delivering our services, enhancing your experience, and maintaining the security of our platform.

SECURITY AND ASSUMPTION RISK

EOE takes the privacy and security of your personal information very seriously. We are committed to safeguarding all data that you share with us, including but not limited to your contact details, payment information, and any personal information disclosed during coaching sessions. EOE maintains the security of its online platforms to protect your data from unauthorized access, alteration, disclosure, or destruction. While we strive to protect your personal information, please be aware that no method of online communication or data storage is completely secure. As such, we cannot guarantee the absolute security of any information transmitted through our online platforms. We encourage you to take precautions when sharing sensitive information and to use secure methods of communication whenever possible. By engaging in coaching services, the Client acknowledges and assumes the risks associated with personal development and coaching. This includes potential emotional or psychological effects that may arise during or after coaching sessions.

CONFIDENTIALITY

All personal information shared during coaching sessions is treated with the utmost confidentiality. We will not disclose any personal information to third parties without your explicit consent, except where required by law or where necessary to protect our rights or the safety of others.

YOUR RIGHTS

You have the right to access, correct, or request the deletion of your personal information at any time. If you wish to exercise any of these rights, please contact us at [email protected]. We will respond to your request promptly and in accordance with applicable data protection laws.

BREACH NOTIFICATION

In the unlikely event of a data breach that affects your personal information, EOE will notify you as soon as possible and provide details of the breach, the data affected, and the steps we are taking to mitigate the impact. By using our services, you acknowledge and agree to this Privacy and Security clause. If you have any questions or concerns about how we protect your data, please contact us at [email protected].

CLIENT COMMUNICATIONS

The Client agrees to communicate with the Coach primarily through the methods provided, which may include email, phone calls, or video conferencing. The Coach will endeavor to respond to Client communications within 5 business days, though response times may vary based on the Coach’s availability.

DISCLAIMERS

EOE does not guarantee specific results from coaching services, products, courses, training or resource materials as outcomes depend on various factors, including the Client’s level of engagement and commitment to the process. EOE is committed to providing high-quality coaching services and resources to support your personal and professional growth. However, we do not guarantee specific outcomes or results from our coaching sessions, courses, or any other services provided. Your success and progress depend on various factors, including your commitment, participation, and the effort you put into the process. As such, EOE cannot and does not make any promises or guarantees regarding the achievement of particular goals or results. By engaging in our services, you acknowledge and accept that results may vary and that EOE is not liable for any perceived lack of success or unsatisfactory outcomes. The Client agrees to indemnify and hold EOE harmless from any claims arising out of the use of services or products provided by EOE.

LIMITATION OF LIABILITY AND RELEASE OF CLAIMS

EOE is dedicated to providing professional coaching services with the highest standards of care and integrity. However, to the fullest extent permitted by law, EOE's liability to the Client for any claim arising out of or relating to this agreement, the coaching services provided, or the use of any EOE products or materials, shall be strictly limited to the total amount of fees paid by the Client to EOE for the specific service or product that is the subject of the claim. Under no circumstances shall EOE, its owners, employees, contractors, agents, or affiliates, be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or emotional distress, arising out of or in connection with the use of our services, products, or materials, even if EOE has been advised of the possibility of such damages. The Client acknowledges and agrees that the success of the coaching relationship is largely dependent on the Client's commitment, active participation, and effort. EOE does not guarantee specific results, and the Client assumes full responsibility for any decisions made, actions taken, or results achieved during or after the coaching relationship.

By entering into this agreement, the Client agrees to release, waive, discharge, and hold harmless EOE, its owners, employees, contractors, agents, and affiliates, from any and all claims, liabilities, demands, or causes of action arising out of or related to the coaching services provided, except in cases of gross negligence or willful misconduct by EOE. This limitation of liability applies to all claims, whether based on contract, tort, equity, statute, or any other legal theory, and whether EOE has been advised of the possibility of such damage. If any provision of this limitation of liability clause is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. This expanded clause provides a comprehensive limitation of liability that protects EOE from various forms of potential legal exposure while also setting clear expectations for the Client regarding the nature of the coaching relationship and their responsibilities. EOE's liability to the Client for any claim arising out of or relating to this agreement, the coaching services provided, or the use of any EOE products or materials, shall be strictly limited to the total amount of fees paid by the Client to EOE for the specific service or product that is the subject of the claim.

Under no circumstances shall EOE, its owners, employees, contractors, agents, or affiliates, be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or emotional distress, arising out of or in connection with the use of our services, products, or materials, even if EOE has been advised of the possibility of such damages.

TERMINATION

EOE reserves the right to terminate this agreement at any time if the Client fails to comply with the terms or engages in inappropriate behavior. In such cases, the Client will remain responsible for any outstanding payments. The Client may terminate this agreement with written notice but remains responsible for any fees due for services rendered up to the point of termination.

FINANCIAL CONSIDERATIONS INCLUDING REFUNDS

EOE offers a 7-day satisfaction guarantee for its services. If the Client is not satisfied with the service or product, they may request a full refund within 7 days of the initial purchase. No refunds will be granted after this period. All refund requests must be submitted in writing to [email protected].

AMENDMENTS

EOE reserves the right to amend these Terms and Conditions at any time. Clients will be notified of significant changes and will have the opportunity to accept or decline continued participation in services under the new terms.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

ELECTRONIC SIGNATURES & ACKNOWLEDGEMENT

ELECTRONIC SIGNATURE

The parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated by their (electronic) signatures below. By clicking the “Agree to Terms” button, the Client confirms their understanding and acceptance of these Terms and Conditions, and this action serves as the Client’s legally binding electronic signature.

ACKNOWLEDGEMENT OF AGREEMENT

By electronically signing this Agreement through the “Agree to Terms” button, the Client acknowledges that they have read, understood, and agreed to all the terms, conditions, and policies contained herein. This includes, but is not limited to, the clauses regarding limitations of liability, confidentiality, privacy, security, payment terms, cancellation policies, and intellectual property rights.

LEGALLY BINDING AGREEMENT

The Client understands and agrees that their electronic signature is as legally binding as a handwritten signature on a paper document. The Client further acknowledges that this electronic signature has the same validity, enforceability, and legal effect as a traditional handwritten signature under applicable laws and regulations, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA).

CONFIRMATION OF INTENT

By clicking the “Agree to Terms” button, the Client affirms their intent to enter into this Agreement and to be bound by its terms. The Client also confirms that they have the authority to enter into this Agreement, whether on their own behalf or on behalf of an organization if applicable.

RECORD OF AGREEMENT

EOE will maintain a record of this electronically signed Agreement, which will be made available to the Client upon request. The Client is also encouraged to retain a copy of this Agreement for their records.