Come Alive

Terms and Conditions & Release from Liability

All persons wishing to be a part of the Come Alive must agree to these terms and conditions at checkout. All such persons will be bound by the conditions that follow. The person or persons included on the release form are hereafter referred to as "Client." All agreements are made with Abbi Miller, "the Coach." 

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: 

1. The Program in which you are about to enroll will include the following: 

  • Weekly 50-minute group coaching & training sessions on Tuesdays 1-1:50pm CST, starting Oct 8, with a break Nov 16-January 6th (total of 11 meetings)

  • Weekly audio trainings (They'll drop on Fridays)

  • Slack Support & Community (Only DM access to Abbi with VIP Upgrade)

  • Bonuses as outlined on the sales page.

  • VIP UPGRADE ONLY

  • One 50-min strategy session with Abbi (Conducted by Feb 7th, 2025)

  • Dm support and access to Abbi on Slack (her office hours are M/T/TH, and her response time is 5 business days.)

2. TERMS.  

  • 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, business, or general conditions in the Client’s life or profession.

  • 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.

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

  • Client is aware that Coach is fully offline and unavailable Nov 15th 2024-Jan 6th 2025.

3. METHODOLOGY. Coach will employ a range of methodologies, including coaching, 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. 

4. AUTO-PAY

(a) If enrolling in a payment plan, the Client agrees to enable auto-pay on their first payment. All payments will all be paid via auto-pay on a monthly basis starting a month from today. If auto-pay fails, all payments submitted 7 days or more past the date sent will incur a late fee of 5% interest per week on the outstanding amount for up to two weeks.

(b) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, slack access, and coaching calls. If Client has not paid within fourteen (14) days, Coach has the right to terminate agreement and pursue legal action, including third-party debt-collection. 

5. CANCELLATION + REFUND POLICY.

(a) Upon execution of this Agreement, Client agrees to pay the Coach the full purchase amount. Should Client decide not to complete the Program for any reason, Client will still be responsible for the full payment amount. No exceptions will be made in this matter and the Coach reserves the right to take legal action to collect payment.

(b) Coach does not offer refunds to ensure that clients are fully committed to the Program.

(c) Coach reserves the right to cancel the program if at any point she or he feels it is not advantageous for the program to continue. Group and private sessions will begin and end on time. Group sessions cannot be made up. Private sessions can be rescheduled with a minimum of 24 hrs notice. All private sessions missed without 24-hour notice will be forfeited. All private sessions must be booked and completed before February 7th, 2025.

6. DISCLAIMERS. By participating in coaching services, mentorship, and/or consulting, Client acknowledges that Abbi Miller is not 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.  

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 effects 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 photography, business, health, 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 effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, 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 income, sales, or potential profitability or loss of any kind that may be derived as a result of use of Coach’s website, programs, products or services.

7. CONFIDENTIALITY.

Client agrees to keep all information shared by fellow members of Come Alive strictly confidential. The Coach promises that all information provided by the Client will be kept strictly confidential, as permissible by law.

Client shall not share, sell or reproduce any documents or materials shared by Coach.

Client agrees that Coach may share case studies of your progress from this program in any and all marketing materials without payment or further notification.

Client acknowledges that Coach may share confidential information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. 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.

8. RECORDING OF CALLS. Client acknowledges that group calls will be recorded for purposes of fulfilling this Agreement. Client acknowledges that group session recordings will be available for the program duration, when they will be deleted. Client acknowledges that they must make a request for 1:1 session recordings and transcripts within 7 days of the session being recorded, when they will be deleted.

9. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement. 

10. 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. 

 

11. 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. 

12. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

13. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any 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 Austin, Texas or via telephone. 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.

14. 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. 

15. 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.  

16. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.