levelUp with Rachel - Terms and Conditions

IMPORTANT DISCLAIMER:

1. Introduction and Acceptance of Terms

LevelUp with Rachel (the Company, referred to as "we," "us," or "our") is a sole proprietorship based in Texas, USA, offering personal and spiritual development services to clients around the world. These services include one-on-one coaching, group membership programs (such as the Self Love Society), spiritual retreats, and digital content (collectively referred to as the "Services").

By purchasing, enrolling in, or participating in any of our Services (whether delivered through Zoom, Stan Store, Squarespace, or other platforms), you (the Participant or "client") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the "Terms" or this "Agreement"). If you do not agree with any part of these Terms, you should not participate in or use our Services.

Note: We utilize third-party platforms (e.g., Zoom for virtual sessions, and Stan Store or Squarespace for content delivery and payments). When accessing our Services via these platforms, you may also be subject to those third parties’ terms of use and policies. We are not responsible for the practices or service quality of these external platforms.

2. Nature of Services (No Therapy or Professional Advice)

Our coaching and spiritual guidance Services are designed to support your personal growth, self-love, and empowerment. However, our Services are not therapy or medical treatment, and we do not provide professional advice in areas outside our scope. In particular, you acknowledge and agree that:

• No Medical or Mental Health Services: We are not licensed healthcare providers or therapists, and our coaching is not a substitute for counseling, psychotherapy, psychiatric care, or any form of medical treatment. We do not diagnose or treat medical or mental health conditions.

• No Professional Advice: Nothing we share in sessions, programs, or content constitutes legal, financial, or other professional advice. You should consult a licensed professional for advice on legal, financial, medical, or other matters as needed.

• Personal Judgment: You will not disregard or delay seeking professional advice from a qualified provider because of information or guidance offered by the Company. Any decisions you make regarding your health, finances, or other life areas remain your sole responsibility.

3. Personal Responsibility and No Guarantees

Your journey with our Services is a collaborative process, but ultimately you are responsible for your own decisions, actions, and results. You acknowledge and agree to the following:

• Self-Responsibility: You are fully responsible for your physical, mental, and emotional well-being during sessions and throughout your participation in our programs. Any actions or decisions you make before, during, or after our coaching sessions or programs are entirely your own choice and responsibility.

• No Guarantees of Outcome: We have confidence in our Services, but we do not guarantee any specific results or outcomes. Each individual’s results will vary. Any testimonials or examples we provide are not promises of what will happen in your particular situation.

• Assumption of Risk: You voluntarily assume all risks related to your participation in the Services. This includes any activities you choose to undertake as a result of coaching. If you attend an in-person retreat or event, you understand that you are responsible for your own safety and health, and you assume any risks associated with travel or activities. You agree that the Company is not liable for any personal injury, accident, or health issue that may arise from your participation in a retreat or any program.

• Empowerment: You understand that our role is to guide and support you in making positive changes. We will help you explore options and encourage you, but we will not make decisions for you. You agree that you will use your own judgment and intuition in applying any insights or suggestions from us to your life.

4. Confidentiality

We deeply value trust and confidentiality. To create a safe space for personal growth:

• Our Commitment: We will keep confidential any sensitive or personal information you share with us during private coaching sessions or in program discussions. This means we will not disclose your personal stories, challenges, or any identifying information to others without your consent, except in rare circumstances required by law (for example, if we are compelled by a court order or if there is an imminent risk of serious harm to you or someone else that we are legally obligated to report).

• Group Settings: In group programs or retreats, participants may share personal experiences or sensitive information. You agree to respect the privacy of fellow participants. What is shared within the group (whether in Zoom calls, private forums, or in-person) must remain confidential and should not be discussed outside of the group setting. This mutual respect helps ensure a supportive, safe environment for everyone.

• Company Materials and Methods: You also agree to keep confidential any exclusive methods, techniques, or materials that the Company shares with you. These proprietary tools are offered for your personal use as part of the Services, and you must not disclose them to others who are not enrolled, as further detailed in the intellectual property section below.

5. Intellectual Property Rights

All content and materials provided by the Company through our Services are the intellectual property of LevelUp with Rachel (or our licensors). This includes but is not limited to: workbooks, handouts, videos, audio recordings, written articles, methodologies, frameworks, session content, and any tools or techniques shared during coaching (collectively, the "Materials"). These Materials are protected by copyright, trademark, and other applicable intellectual property laws.

Your access to these Materials is for your personal use only. We grant you a limited, non-transferable, revocable license to access and use the Materials for your own personal development purposes. This license does not give you any ownership or proprietary rights in the content. You may not use our intellectual property in any manner not expressly permitted by these Terms. In particular, you agree that you will not:

• Reproduce, distribute, share, or publicly display any Materials to anyone who is not a paying participant in the program, whether for free or for profit.

• Modify, translate, adapt, or create derivative works based on our Materials for redistribution or commercial use.

• Use our coaching methods, processes, or Materials to train, coach, or provide services to others in a way that competes with or substitutes for our Services. (For example, you cannot incorporate our unique exercises or frameworks into your own coaching or educational programs.)

• Claim any of our content as your own, or attempt to resell or license it to third parties.

Any breach of these intellectual property provisions is a serious violation of this Agreement. We reserve the right to terminate your access to the Services immediately and without a refund if we suspect such a breach. We may also pursue legal action to protect our rights if necessary.

6. Fees and Payment Terms

Participation in our Services requires timely payment of the applicable fees. By signing up for a coaching package, membership, retreat, or purchasing digital content, you agree to the following payment terms:

a. Payment of Fees: You must pay all fees in the amounts and according to the schedule that is presented to you at the time of purchase or enrollment. Fees may be one-time (such as a lump sum for a coaching package or retreat) or recurring (such as monthly membership dues for the Self Love Society). All payments should be made in U.S. Dollars (USD), unless otherwise specified. You are responsible for any currency conversion fees or transaction charges from your payment provider.

b. Payment Plans: If we offer a multi-installment payment plan and you choose this option, you understand that you are committing to pay the entire program fee in the agreed installments. You agree to pay each installment on or before its due date. Failure to make an installment payment on time may result in suspension or termination of your access to the Services until the account is brought current. Please note that choosing a payment plan is not a subscription you can cancel at will – it is a courtesy to let you pay over time, and you remain obligated to pay the full fee agreed upon.

c. Late or Failed Payments: If your payment method is declined or an automatic payment fails, you will be notified and expected to provide an alternative payment promptly. If payment is not received within 7 days of the due date, we reserve the right to suspend your access to any ongoing Services (such as halting coaching sessions or blocking access to membership content) until the account is brought current. If your account remains delinquent beyond a reasonable period, the entire remaining balance may become immediately due and payable, and we may terminate your participation in the program for breach of this Agreement. In addition, we reserve the right to charge a reasonable late fee or interest on overdue amounts as permitted by Texas law.

d. Chargebacks and Reversed Transactions: You agree to make a good-faith effort to resolve any payment issues or disputes by contacting us before initiating a chargeback or dispute with your bank or credit card provider. Initiating a chargeback against the Company is considered a breach of this Agreement. If you attempt to charge back a legitimately authorized payment, you will still be responsible for the full amount owed (and any fees or costs incurred by us due to the dispute). We also reserve the right to immediately terminate your access to the Services in such a case and pursue collection and legal action to recover the amount due (including any associated fees and expenses).

e. Taxes: Our fees do not include any applicable taxes (such as sales tax or VAT) that may be required by your local laws. If any taxes are owed in connection with your purchase of the Services, you are responsible for paying those taxes as required by law.

7. No Refund Policy

All sales are final. We have a strict no refunds policy on all Services, including coaching sessions, program enrollments, memberships, retreats, and digital products. By registering for or purchasing any Service, you acknowledge and agree that no refunds will be given for any reason, except where required by law.

Once you commit to a program or session and make payment, you are taking a spot that could otherwise be filled by someone else and gaining immediate access to valuable content and/or our time and guidance. For this reason, we do not offer refunds or cancellations if you change your mind, decide to withdraw early, fail to attend sessions, or otherwise choose not to complete the Services.

If you are on a payment plan and decide not to continue with a program, you are still responsible for paying all remaining installments of the agreed fee. We are fully committed to showing up for you; in return, we ask that you honor your financial commitment to the program or Service you selected.

(Note: If applicable law in your jurisdiction provides for a mandatory refund, cancellation right, or "cooling-off" period (such as for certain online purchases), we will abide by that law. However, to the fullest extent permitted, our intention is to enforce this no-refund policy.)

8. Access to Digital Content and Membership

For Services that include access to digital content or an online membership portal, your access is conditioned on your continued compliance with these Terms and (if applicable) your continued payment of membership fees:

• Membership and "Lifetime Access": If you are provided with "lifetime access" to a course or digital library, it means you have access for the lifetime of the program or content platform, so long as you remain an active client or member in good standing. In the case of an ongoing membership like the Self Love Society, your access to members-only content is only available while your membership dues are paid and current. If you cancel your membership or your payment is terminated or past due, your access to any membership areas and content will be revoked.

• Account Use: Any login credentials or access links provided to you are for your personal use only. You may not share your account or access to digital materials with anyone else. If we discover that you have shared course content, downloads, or account access with non-members, this will be considered a violation of these Terms and may result in immediate termination of your access with no refund.

• Content Updates: We reserve the right to update, modify, or discontinue any digital content or modules within our programs as we refine our Services. We will endeavor to ensure that any such changes do not materially reduce the value of the offering for active participants. If a program or platform is to be retired, we will provide notice to current participants when possible.

• No Guaranteed Availability: While we intend for you to have access to purchased digital content at any time, unforeseen technical issues or platform changes may occur. You agree that the Company is not liable for any lack of accessibility to the content due to technical problems, but we will make reasonable efforts to restore access as soon as possible.

9. Interactions with Other Participants

Many of our programs and retreats involve community interaction. We strive to foster a positive, supportive community, but you are ultimately responsible for your interactions with other participants:

• Respectful Conduct: You agree to interact with other participants in a respectful and considerate manner. Harassment, discrimination, or abusive behavior towards others is strictly prohibited. The Company reserves the right to remove you from a program or event without a refund if you engage in behavior that we deem harmful to others or disruptive to the group.

• Personal Responsibility for Interactions: Any contact, communication, or relationship you form with another participant outside of our structured program activities is entirely at your own discretion and risk. We do not screen or monitor participants outside of program sessions, and we do not supervise private interactions. Use common sense and good boundaries when deciding to meet or communicate with fellow participants outside the program.

• No Liability for Others’ Actions: The Company is not liable for the conduct, words, or actions of any other program participants. You agree that we shall not be held responsible for any negative experience, injury, or damages resulting from your interactions with other clients or attendees, whether during program activities or outside of them. This includes, but is not limited to, any emotional distress, conflicts, physical injuries, or disagreements that may arise between participants.

• Release: You hereby release and discharge the Company (and our owner, agents, and employees) from any and all claims, demands, or causes of action arising out of or relating to any interactions or disputes you may have with other participants. It is important to maintain your own boundaries and use discernment in engaging with others.

10. Indemnification

To protect the Company from potential legal issues arising from your actions, you agree to indemnify and hold us harmless from any claims, liabilities, losses, or expenses (including reasonable attorneys’ fees) that may be asserted by any third party and that arise out of or relate to:

• Your Breach: Your breach of or failure to abide by any part of these Terms.

• Misuse of Services: Your misuse or improper use of the Services or Materials.

• Violation of Law or Rights: Your violation of any law or infringement of the rights of any other person or entity.

This means that if a third party (for example, another participant or any other person) brings a claim against the Company or its owner because of something you did – such as violating these Terms or someone’s rights – then you will be responsible for any resulting damage or cost incurred by the Company. We will notify you promptly of any such claim and may require your assistance (at your expense) in defending against it. Your indemnification obligations will survive the termination or completion of this Agreement.

11. Limitation of Liability

We want you to benefit from our Services, but it’s important to understand that we cannot be held financially or legally responsible for outcomes beyond our control. Accordingly:

• No Indirect Damages: To the maximum extent permitted by law, in no event shall the Company or its owner be liable for any indirect, consequential, incidental, or special damages arising out of or relating to this Agreement or the Services. This includes (but is not limited to) claims for lost profits, lost opportunities, business interruptions, emotional distress, or any other harm that is not a direct result of our actions.

• Limitation of Direct Damages: To the extent permitted by law, the total liability of the Company (and its owner and agents) to you for any claim arising out of or related to the Services or these Terms is limited to the total amount you have paid to the Company for the specific Service or program at issue. If no fee was paid (for example, a free consultation or preview content), then we have no financial liability to you. You agree that this limitation of liability is reasonable and reflects the risk allocation between us.

• No Warranties: While we are dedicated to delivering high-quality coaching and content, we make no guarantee or warranty that the Services will meet your specific expectations or produce any particular results. To the fullest extent allowed by law, the Company disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. All Services and content are provided "as is" and "as available" for your use, without warranties of any kind.

• Certain Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. If any provision of this section is held unlawful or unenforceable, the remaining provisions shall still be fully enforceable, and our total liability will be the minimum allowed under applicable law.

12. Age Requirement and Legal Capacity

Our Services are intended for adults who can enter into a binding contract. By purchasing or participating in our Services, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and that you have the legal capacity to enter into this Agreement.

We do not knowingly offer our Services to minors. If we discover that you are under 18 or otherwise lack the capacity to consent to these Terms, we reserve the right to terminate your access to the Services immediately and without prior notice.

13. Termination of Services

We hope to work with you for the full duration of our programs, but both you and the Company have the right to terminate your participation as needed:

• By the Company: We may terminate or suspend your access to Services if you violate any of these Terms or engage in behavior that is harmful, unlawful, or contrary to the spirit of our work. We may also cancel or reschedule a program or terminate your participation if unforeseen circumstances arise (for example, facilitator illness or other force majeure events). In such cases, we will attempt to provide alternative arrangements or fair compensation if appropriate.

• By the Participant: You have the right to discontinue your participation in a program or stop using the Services at any time. However, due to our no-refund policy and the commitments we make to support you, if you choose to leave a program early or cancel your participation, you will not receive a refund, and you remain responsible for any unpaid fees (such as the remaining installments of a payment plan) as described above.

• Effect of Termination: Upon termination, your rights to access the Services and any content we’ve provided will end immediately. You must cease using any course materials and no longer access any members-only areas or resources (unless otherwise agreed by us in writing). The confidentiality obligations and intellectual property restrictions in these Terms continue to apply even after termination.

• Surviving Provisions: Any provisions of these Terms which by their nature should continue after termination (including but not limited to the sections on Confidentiality, Intellectual Property, No Refund Policy, Indemnification, Limitation of Liability, and this clause) shall survive and remain in effect.

• Outstanding Payments: Termination does not relieve you of the obligation to pay any amounts owed for Services provided up to the date of termination. If your access is terminated due to your breach of these Terms, you understand that you are not entitled to any refund or relief from paying any remaining balance.

14. Governing Law and Jurisdiction

This Agreement and your use of the Services are governed by the laws of the State of Texas, USA, without regard to its conflict of laws principles. You agree that any dispute or claim arising out of or related to this Agreement or the Services shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of Texas.

By agreeing to these Terms, you consent to personal jurisdiction in Texas and agree that Texas is the appropriate and convenient forum for resolving any disputes. If you reside outside of the United States, you acknowledge and agree that you are still intentionally availing yourself of the Services in Texas and will be subject to the laws and jurisdiction of Texas in the event of a dispute.

15. Severability, Waiver, and Entire Agreement

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remainder of this Agreement will remain in full force and effect. In other words, the invalid or unenforceable part will be removed or narrowed, but everything else in the Agreement will continue to apply.

No Waiver: If the Company fails to enforce any right or provision of these Terms in a particular instance, that does not constitute a waiver of our right to enforce it (or any other provision) in the future. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term.

Entire Agreement: These Terms (along with any specific agreements or waivers you sign as part of a particular program, and any payment plan or checkout terms to which you agree) constitute the entire agreement between you and the Company with respect to your participation in the Services. This means they supersede any prior agreements, discussions, or representations about the Services. You acknowledge that you are not relying on any statement or promise that is not explicitly included in this written Agreement.

Modifications: We reserve the right to update or change these Terms from time to time. If we make material changes, we will notify current clients (for example, via email or via an announcement in our membership platform) or post the updated Terms on our website. Any updated Terms will apply to any new or continued participation in the Services after the effective date of the update. (For one-on-one coaching clients, we will not modify the Terms of a package you have already purchased except with your consent.)

16. Acknowledgment and Acceptance

By enrolling in any Service, accessing any digital content, or participating in any session or event with LevelUp with Rachel, you acknowledge and agree that you have read these Terms and Conditions, understand them, and agree to be bound by them. These Terms are intended to be empowering, clear, and protective of our working relationship, while honoring your autonomy and responsibility as a participant. If you have any questions about these Terms, please contact us for clarification before you make a purchase or begin using the Services.

Thank you for choosing LevelUp with Rachel. We are honored to be part of your journey and are committed to providing a valuable and supportive experience under these agreed Terms.