This page contains:

• Terms & Conditions

• Privacy Policy

• Digital Product Terms of Purchase

• Coaching Agreement Terms

TERMS + CONDITIONS

Untidy Faith LLC (“COMPANY”) welcomes you to this site or kateboyd.ck.page (“SITE”).

Please read the following terms of use. This agreement constitutes a license which covers your use of this SITE and any transactions that you engage in through this SITE (“AGREEMENT”).

BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

USE OF SITE

This website is provided solely for the use of current and future customers of COMPANY to provide you with information about my company, to permit you to place orders for my products and services, and to enable you to contact my team and me with any questions or comments that you may have. Any other use of this site is prohibited.

You may not use any features of this SITE that permit communications or postings to post, transmit, display, or otherwise communicate any of the following:i. Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;ii. Any advertisement, solicitation, spam, chain letter, or other similar type of information;iii. Any encouragement of illegal activity;iv. Unauthorized use or disclosure of private, personally identifiable information of others; orv. Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

SITE CONTENTS AND OWNERSHIP

The information contained on this site, including without limitation, all images, designs, photographs, writings, graphs, data, and other content (“MATERIALS”) are the property of COMPANY and are protected by copyrights or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this SITE for the authorized uses described above. You must provide correct attribution to COMPANY.

I AM GLAD TO HAVE YOU SHARE MY CONTENT, BUT YOU MUST RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ON ALL COPIES OF THE MATERIALS.

You SHALL comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the MATERIALS. Except as provided in this AGREEMENT, COMPANY does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

DISCLAIMER OF WARRANTY

You expressly agree that use of this website is at your sole risk.Neither COMPANY, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “PROVIDERS”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The MATERIALS may contain errors, omissions, inaccuracies, or outdated information. Further, COMPANY does not warrant reliability of any statement or other information displayed or distributed through the site.

COMPANY reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. COMPANY may make any other changes to this site, the MATERIALS and the products, programs, services, or prices (if any) described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES

YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless COMPANY, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this AGREEMENT, violation of any law or regulation, or violation of any proprietary or privacy right.

PRIVACY POLICY

COMPANY’S privacy policy governing the use of information that COMPANY obtains from you through your use of this SITE is outlined below.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this SITE must be commenced within one year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, COMPANY may immediately discontinue, suspend, terminate, or block your and any user’s access to this SITE at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, my team and I may provide on this SITE links to websites operated by other entities (collectively the “LINKED SITES”). If you use any LINKED SITES, you will leave this site. If you decide to visit any LINKED SITE, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

LINKED SITES, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by COMPANY. The content, accuracy, opinions expressed, and other links provided by LINKED SITES are not investigated, verified, monitored, or endorsed by COMPANY.

COMPANY does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any LINKED SITE, other than linked information authored by COMPANY. Links do not imply that COMPANY or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any LINKED SITE is authorized to use any trademark, trade name, logo or copyright symbol of COMPANY or any of its affiliates or subsidiaries.

Except for links to information authored by COMPANY, COMPANY is neither responsible for nor will it be liable under any theory based on(i) any LINKED SITE;(ii) any information and/or content found on any LINKED SITE; or(iii) any site(s) linked to or from any LINKED SITE.

If you decide to visit any LINKED SITES and/or transact any business on them, you do so at your own risk. COMPANY reserves the right to discontinue any LINKED SITE at any time without prior notice. Please contact the webmasters of any LINKED SITES concerning any information, goods, and/or services appearing on them.

AFFILIATE DISCLAIMER

COMPANY does participate in affiliate relationships. By clicking on certain links, you may be directed to an affiliate website, where COMPANY may receive a pre-arranged benefit for recommending certain products and or services. Company only participates in affiliate relationships with products and or services that COMPANY has personally used; however, COMPANY’S recommendation in no way provides any guarantee of your experience with recommended products and or services.

COMPANY assumes no liability for the recommendation of affiliate products and or services.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This AGREEMENT is governed by and shall be construed in accordance with the laws of the State of Texas, U.S.A., without reference to its conflict-of-law provisions.

COMPANY makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Dallas, TX, for any disputes with COMPANY arising out of your use of this SITE.

ENTIRE AGREEMENT

This AGREEMENT constitutes the entire agreement between COMPANY and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and COMPANY with respect to this website.

A printed version of this AGREEMENT and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this AGREEMENT to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.If for any reason a court of competent jurisdiction finds any provision of this AGREEMENT or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this AGREEMENT, and the remainder of this AGREEMENT shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

My team and I may revise this AGREEMENT at any time and you agree to be bound by the revised AGREEMENT. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this AGREEMENT from time to time to review the most current terms and conditions. COMPANY does not and will not assume any obligation to notify you of changes to this AGREEMENT.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from COMPANY solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

PRIVACY POLICY

My Commitment to Your Privacy

Your privacy is very important to my company, Untidy Faith LLC (“COMPANY”). COMPANY is committed to protecting your privacy. My team and I use the information we collect about you to process orders and personalize your experience at kateboyd.co and kateboyd.ck.page (“SITE”).

PART OF OUR OPERATION OF SITE INVOLVES THE COLLECTION AND USE OF INFORMATION ABOUT YOU. This privacy policy explains what type of information the SITE collects and what is done with that information, to allow you to make choices about the way your information is collected and used. This privacy policy may change from time to time, so please check it often.

Your Consent to this Privacy Policy

By using SITE, you consent to the terms of this privacy policy.

Children’s Online Privacy Protection Act Compliance

This SITE is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), COMPANY doesn’t knowingly collect any information from anyone under 13 years of age. SITE, products, and services are all directed to people who are 13 years of age and older.

What information does this SITE collect?

In general, you can visit SITE without identifying who you are or revealing any information about yourself. Information collected online can generally be categorized as anonymous or personally identifiable.

Anonymous information is information that cannot be connected to the identity of a specific individual. Personally identifiable information is information that specifically identifies a particular user, such as name, address (email or physical), or phone number.

An example of anonymous information is the fact that, while SITE may record the number of visits to a particular page that occur in a given period of time, it does not necessarily provide the names or other identifying information of every visitor. Many users of this SITE choose not to provide any personally identifiable information; therefore, those individuals are anonymous to this SITE, and any data collected about their use of this website is anonymous information.

When you order, COMPANY needs to know your name, e-mail address, and payment information. This allows COMPANY to process and fulfill your order and to notify you of your order status.

Automatic Anonymous Information That SITE Collects

When you visit SITE it collects certain information, and my team and I use this data to measure the use of SITE. This allows us to bring you the best possible service by improving the content and performance.

Here is what the SITE records:

Environmental variables: browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, are logged.

Search requests and results are recorded to try to ensure the accuracy and efficiency of our search engine.

Your IP (internet protocol) address tracks your use of the SITE, including pages visited and time spent on each page.

All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.

What are cookies, and how they are used?

This SITE uses cookies. Cookies are small data files, typically made up of a string of text and numbers, that assign you a unique identifier. This information enables your computer to have a “dialogue” with my SITE and permits my team and I to administer this SITE more efficiently and to provide a more tailored and user-friendly service to you.

You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent; if you do so, this may limit the functionality we can provide you when you visit our site.

Third parties that link on this site may use cookies or collect other information when you go to their site. We do not control the collection or use of your information by these companies. You should contact these companies directly if you have any questions about their collection or use of information about you.

How do we use the personally identifiable information we collect?

We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you.

When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes.

We will not sell or give any personally identifiable information to any third parties.

We may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information on receipt of the appropriate documentation. We may also release information to law enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our terms of use.

Opt-Out Policy

If at any time you do not wish to receive offers and marketing e-mails from us, you must tell us. There are two ways you may do this:

You may remove your name from our mailing list by sending an e-mail addressed to hello(at)kateboyd(dot)co and indicating in the subject line “No offers or e-mail.”

You may click the unsubscribe link located at the bottom of all of our marketing emails and or offers.

Contacting Kate Boyd

If you have any questions regarding this privacy policy, you may contact COMPANY using the information below:

Untidy Faith LLC

P.O. Box 700851

Dallas, TX 75370

hello(at)kateboyd(dot)co

Protection of Your Information

We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.

Information supplied via online order and or registration forms is only used by COMPANY.

COMPANY does not sell or rent customer lists.

COMPANY has contracted with third-party providers, ConvertKit, Stripe, BreezeDoc, Acuity, and PayPal, to host email list databases and process payment. ConvertKit, Stripe, BreezeDoc, Acuity, and PayPal, have promised that they will not share COMPANY customer information with third parties.

COMPANY uses Google® Analytics to track overall statistics about computer usage on our site. This information is not linked to individual customer information.

COMPANY uses Facebook® advertising pixels to track overall statistics about computer usage on our site. This information is not linked to individual customer information.

Transfer of Customer Information

Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.

Other

COMPANY retains customer information until 5 years after they unsubscribe. Annually any data lists will be purged electronically.

COMPANY contracts with several independent contractors and, in the event of a need to share customer data to perform service for the customer, shares passwords via LastPass to protect customer data.

In the event of a breach, COMPANY will identify the breach, determine the scope, and alert all necessary parties.

COMPANY reserves the right up to update and or change any or all of these terms at any time, and without notice. The date at the bottom of this page will reflect when the document was updated. Company is responsible for keeping the updated terms here, and it is your responsibility to check for updates here.

TERMS OF PURCHASE

Untidy Faith, LLC

By clicking “Buy Now,” “Purchase,” “Join Now,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by Untidy Faith, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms of purchase:

1. TERMS.

a. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in accordance with the product, program, digital download, ebook, and/or course (collectively known as the “Product”) as outlined on Company’s Website, Sales Page, or other point of purchase. 

b. The scope of the Product rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website(s) at kateboyd.co or kateboyd.ck.page (“Website”) as part of the Product. 

2. PAYMENT AND REFUND POLICY. 

a. Upon execution of this Agreement, User agrees to pay to the Company the purchase amount as stated on the website. 

b. Company does not offer refunds unless otherwise stated on product or sales page. 

c. If User selects a payment plan option, User agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to User, and the payment plan selected by User (the “Fee”). 

d. In the event User fails to make any of the payments within a payment plan on the agreed upon due date, Company has the right to immediately disallow participation by User until payment is paid in full, including disallowing access to the Product. If User does not commence within seven (7), Company has the right to terminate agreement. 

3. DISCLAIMERS. By purchasing or otherwise utilizing the Product, the User acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the User may suffer by relying on Company’s advice or information. The Company makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content. 

By purchasing this Product, User acknowledges that the Company cannot guarantee the outcome of services and/or recommendations within the Product and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described. 

You acknowledge that the Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Company’s Product. Testimonials, earnings, or examples shown through Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Company’s Product. 

Through use of the Product, the Company may provide the User with information relating to services and/or other products that the Company believes might benefit the User, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided. 

4. INTELLECTUAL PROPERTY RIGHTS. In respect of the Product sold as part of this Agreement, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Product whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the User, nor grant any right or license other than those stated in this Agreement. 

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Product or intellectual property, in whole or in part without our prior written consent. 

5. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement. 

6. DISCLAIMER OF WARRANTIES. The Product provided to the User by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage. 

7. LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT. ADDITIONALLY, UNTIDY FAITH, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF  UNTIDY FAITH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KATE BOYD, LLC CUMULATIVE LIABILITY TO YOU EXCEED $100. 

8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, regardless of the conflict of laws principles thereof. Furthermore, all disputes not resolved first by good-faith negotiation between the parties to this Agreement shall take place in Carrollton, Texas, or via telephone with attorneys or arbitrators. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. 

9. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

COACHING SESSIONS TERMS OF PURCHASE

Attachment A: Four 30-minute coaching sessions to be used within 4 month of first session for $197

By clicking “Buy Now,” “Purchase,” “Join Now,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with personalized coaching sessions by Kate Boyd (“Coach”) of Untidy Faith, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms of purchase.

This agreement (“Agreement”) is made and entered into on the date of the first session (“Effective Date”) between and among Kate Boyd, hereafter referred to as “the Coach,” of Untidy Faith LLC, hereafter referred to as “Company,” and you, purchaser of coaching sessions, hereafter referred to as the “Client.”  

The purpose of this Agreement is to set forth the details of the Parties relationship so that each are clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.

THEREFORE, the Coach and the Client agree as follows:

TERMS

1. During the terms of this Agreement, the Coach agrees to provide consultations in accordance with the specific services set forth in the Private Coaching Package as outlined in Attachment A.

2. The services to be provided by the Coach to the Client are coaching or tele-coaching, as designed jointly with the client.  Coaching, which is not advice, therapy or counseling, may address specific personal projects or general conditions in the Client’s life or profession.

3. Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s therapist or physician. If Client is presently under any form of psychiatric care or specialized medical supervision, Client is to inform Coach prior to working together.

4. Coach and Client agree upon the Package through which consultations, preparation, and follow-up work (if necessary) are conducted.  Dates and location are chosen collaboratively and adhered to upon signing the agreement.

5. Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.

PAYMENT

1. The total program cost is outlined in Attachment A. The Client will make payment via website or other agreed upon method. If a payment plan has been established, monthly payments are payable in advance each month.

2. Refund Policy: There are no refunds available. I want you to be happy with your program. If for some reason you are not satisfied and wish to stop the Program at any time, because I will have invested considerable time and effort in your Program, if you decide to withdraw for any reason whatsoever, you still will remain fully responsible for the full cost of the Program, and no refund will be provided.

3. The client and coach agree to provide each other with seven-day notice in the event either wishes to cancel further services. Company is committed to providing all clients in the Program with a positive program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms.

4. Credit Card Authorization (if applicable for payment plan).  Each Party hereto acknowledges that Coach will send an invoice or charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A. 

5. Missed Payments: In the event that there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 72 hour grace period to make the payment following the due date, whether paying in full or by installment, otherwise the Program will be put on hold. If no payment is made within the 72 hour grace period, the Program will be automatically terminated and no refund will be provided.

METHODOLOGY. 

Coach will employ a range of methodologies, including coaching, teaching, and mentorship.  Client agrees to be open minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the sessions or package.

COACHING RELATIONSHIP

Throughout the working relationship, the coach will engage in direct and personal conversations. The client can count on the coach to be honest and straightforward in asking questions and making requests. The client understands that the power of the coaching relationship can be granted only by the client, and the client agrees to do just that: have the coaching relationship be powerful. If the client believes the coaching is not working as desired, the client will communicate that belief and take action to return the power to the coaching relationship.

Coach responds to client inquiries within 48 hours during BUSINESS DAYS, but reserves the right to extend the deadline for longer copy/content/projects requiring additional review time. Coach will not be available on Saturdays or Sundays or holidays.

DECLARATION & DISCLAIMER

By participating in coaching services, mentorship, and/or consulting, Client acknowledges that Kate Boyd is not acting as a psychologist, therapist, attorney, or financial advisor, and services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. 

Client understands this Program will not provide health care, medical or traditional therapy services; or diagnose, treat, or cure any condition or other physical or mental ailment of the human body.  Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. 

Professional coaching is distinctly different from counseling, psychotherapy or psychoanalysis and does not deal with the diagnosis or treatment of emotional problems. Since professional coaching does not constitute medical consultation or treatment, health insurance does not apply. These fees may be considered deductible business expenses.

I have used care in preparing the information provided to you, but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that I am not responsible for your physical, mental, emotional, and spiritual health, or for any other result or outcome that you may experience through this Program.

If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplement use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.

The Coach may provide Client with third-party recommendations for such services as books, courses, apps, coaches or consultants, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future potential growth or loss of any kind that may be derived as a result of use of Coach’s website, programs, products or services.

 CONFIDENTIALITY    

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.  Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.  The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.  Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.

The Coach frequently uses anonymous screen shots or client stories in her marketing material- this includes her website, social media, books and other publications.  

 As a coach I will do my best to ensure confidentiality within the group conversations. However, please use discretion, because while I encourage other group members to hold your information confidential, I cannot guarantee that the other group members will keep your information confidential.  

RECORDING OF MATERIALS

Client acknowledges that  documents, texts, or voice messages may be recorded for purposes of fulfilling this Agreement.

INTELLECTUAL PROPERTY RIGHTS

Company retains all ownership and intellectual property rights to the Program content and materials provided to Client through the Program, including all copyrights and any trademarks belonging to Company. The Program content and materials are being provided to you for your individual use only and with a single-user license, which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.

 Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

DISCLAIMER OF WARRANTIES. 

The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. 

INDEMNIFICATION. 

Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.

NON-DISPARAGEMENT, INDEMNIFICATION & DISPUTE RESOLUTION

If there is a dispute between the Parties, Client agrees to not publicly or privately make any negative or critical comments about the Program, Company’s business, or me, or to communicate with any other individual, company, or entity in a way that disparages the Program or harms the Company’s reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.

 Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing. 

 If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association.  The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand, and shall take place in Dallas, TX.  The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process, and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period.  The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. 

GOOD FAITH 

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.  

NOTICE

All correspondence or notice required regarding the Program shall be made to me by e-mail at hello@kateboyd.co or hello@kateboyd.co and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 business days of any change.

 GOVERNING LAW 

 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, regardless of the conflict of laws principles thereof.

ENTIRE AGREEMENT; AMENDMENT; HEADINGS

This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement, or otherwise modify any of the provisions of this Agreement.  No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.  The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

 COUNTERPARTS

 This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

SEVERABILITY, WAIVER & ASSIGNMENT

 Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. This Agreement may not be assigned by either Party without express written consent of the other Party.

 FORCE MAJEURE

 In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, or interruption of transportation facilities, threats, or acts of terrorism, State Department travel advisory, labor strike, or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 CLIENT RESPONSIBILITY; NO GUARANTEES 

 Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties, or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only.  Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement. 

IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Client Agreement as of the date first indicated above.

At Untidy Faith our clients come from all over the world and all walks of life. We believe that diversity and inclusion of all kinds make us (and the world) a better place.

Updated September 20, 2024