Emmeline Chang

Terms and Conditions

This agreement (the “Agreement”) is effective as of the date mentioned below (the “Effective Date”), by and between HeartFULL LLC, an New York Limited Liability Company, with a principal place of business at 701 East 17^th St, Brooklyn NY 11230 (the “Company”) and “Client” (or “You”).

WHEREAS, Company is the creator, founder, and owner of the Creative Witchery^® and JoyFULL programs, which provide on-line, phone, and in person coaching services. In addition, the Company provides products and additional consulting services to enhance the overall coaching experience (collectively and hereinafter known as the “Program”).

WHEREAS, Client desires to participate in the Program. If the Company approves your Application and accepts your offer to participate as a Program participant, then this Agreement automatically becomes a binding contract between you and the Company and applies to your participation in the Program.

NOW, THEREFORE, the parties agree as follows:

Client agrees to:

• Comply with the payment option they signed up for, and authorizes the Company to charge that amount to the above-mentioned credit card(s) on file. Client further agrees to be bound by this non-cancelable commitment, and further agrees to
• Abide by the Program as described in the Agreement.

Agreement/Modifications. By completing and signing this Agreement, Client hereby acknowledges that Client has read, understands, and agrees to be bound by the terms and conditions stated herein. From time to time the Company may modify this Agreement and such modifications shall be effective upon posting by the Company on the Company web site at www.EmmelineChang.com (the “Company Website”), or via email with the subject line specifically stating “amendment to existing agreement”, “amendment to existing terms of use”, or any similar language signifying that the terms of use have been, or are to be, modified. Client agrees to be bound by any changes to this Agreement when using Company’s services after any such modification is posted. It is therefore important that Client regularly review the Agreement and the Company Website and read all emails generated from the following emails: emmeline@emmelinechang.com, info@emmelinechang.com, and team@emmelinechang.com. Client’s failure to object to any changes to the Agreement within five (5) calendar days of receiving notice of those changes will amount to an understanding, acceptance, and decision to be bound by those changes.

Legal Disclaimer. Client hereby engages Emmeline Chang as a creativity and success coach/mentor. Client understands that Emmeline Chang is not an employment agent, a business manager, a financial analyst, or a psychotherapist, and that she has not promised, shall not be obligated to, and will not: (1) procure or attempt to procure any employment, business, or sales for Client; (2) perform any business management functions such as accounting services or tax or investment counseling; or (3) act as a therapist, providing psychological counseling, psychoanalysis, or behavioral therapy. Client understand that as a specialized form of consulting, Coaching is not the same as professional or licensed therapy, and that Client is always free to reject any advice, suggestions, or requests made by the Coach at any time. As a condition of this engagement, Client must agree to the Terms and Conditions included below.

Every effort has been made to accurately represent our program and its potential. Any claims made of actual earnings or examples of actual results can be verified upon request. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.

Professional Coach Accreditation Certification. As part of the Coach’s ongoing professional development, the hours for these sessions will count towards professional development and further professional coaching accreditation and certification.  You agree to allow the coaching hours and your contact details to be provided to CoachInc.com (Coach U or Corporate Coach U) or the International Coach Federation (ICF) to meet accreditation program requirements.  These organizations handle all information with the highest regard towards confidentiality.

Authorization Of Payment. By completing the Application and signing below you authorize the Company to charge your credit card or cash your check as payment for your participation in the Program. This is not an installment contract. Furthermore, you agree that you are responsible for full payment of fees for the entire course of the Program from the Program start date through and including the completion date (the “Commitment Period”) regardless of whether you actually attend or complete the Program and regardless of whether you have selected a lump sum or monthly payment plan. By signing below you agree that, if, for any reason, you choose to remove yourself from the Program prior to the end date of the Commitment Period, you are obligated to pay, or continue paying, any outstanding balance(s) for the entire length of the Program. No refunds will be issued, and all scheduled payments must be paid on a timely basis. A $50 fee will be charged for any payment not received, or unable to be processed, by the date such payment is due. By signing below, you agree with these terms and agree not to initiate a charge-back procedure on any credit cards on account for any reason. Should a dispute over payment arise, you agree that resolution shall first be attempted between yourself and the Company.

Payment Plans. If you selected the payment plan, your first payment will be taken today, and your next payment will be charged to your credit card in 30 days or as per your enrollment agreement.

Delinquent Payment Policy. Any outstanding payments are due, in full, within 7 days of the first declined payment. Email notifications of incomplete payments will be delivered, providing detailed steps to bring the account into balance. Once the account is brought current, no further declined payments are permitted. 

Should requests for payment receive no response or accounts remain overdue 7 days after the first declined payment, access to program benefits will be suspended. Access will be reinstated if payment is made in full prior to the next installment date. 

Collections. Overdue accounts: By the time of the next scheduled payment (30 days from the last scheduled installment), should the account still be overdue and the client has not contacted the support team, the entire account will be turned over to collections. Multiple suspensions: Accounts that reach suspension for the third time (as per Outstanding Payments above) will be turned over to collections. 
Clients whose accounts are referred to collections will be permanently suspended from all program benefits and nable to enroll in any future programs.

Termination for Unprofessionalism. By signing below, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program at any time without a refund if You cease to follow the Program guidelines or become disruptive or difficult to work with, or if You impair the participation of Program instructors or other participants in the Program.

By signing below you agree that if you miss any scheduled coaching calls, you lose that call and cannot reschedule it. Rescheduling should be rare and limited to emergencies. Sessions will not be rescheduled within 24 hours of the session time. Client also understands that any scheduled coaching calls, retreat days, or other benefits expire at the end of the Commitment Period and will not be carried-over. It is important to note that your benefits MUST be used during the Commitment Period.

Confidentiality. By signing below you agree not to violate the publicity or privacy rights of any Program participants (where applicable) or of the Company. We respect your confidential and proprietary information, ideas, plans and trade secrets and must insist that you respect the same rights of fellow Program participants and of the Company.

By signing below you agree (1) not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any information and materials shared by other Program participants or by the Company (or any representative of the Company) (“Information”) is confidential and proprietary and belongs solely and exclusively to that party, (3) not to disclose Information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions; (4) all Information provided to You by the Company may only be used by You as authorized by the Company, and (5) the reproduction, distribution, and sale of Information by anyone but the Company is strictly prohibited. Further, by signing below you agree that if you violate or display any likelihood of violating any of the provisions of this paragraph, the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations.

No Guarantee/Financial Responsibility. We have made every effort to accurately represent the Program and its potential benefits. Results can and do vary; therefore the Company makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including, but not limited to, his or her background, dedication, starting point in their business, desire, and motivation. By signing below You also acknowledge that you have represented to the Company, and that it is true, that payment of your Program membership fees will not place a significant financial burden on You or your family.

Disclaimer. The Program instructors are not qualified to provide legal, tax, accounting, or financial advice, and the information provided to you by the Program instructors is not intended as such. You should refer all legal, tax, accounting, and financial inquires to appropriately qualified professionals.

Assignment. Neither party shall assign this Agreement without the written consent of the other.

Governing Law. This Agreement and performance hereunder shall be governed by the laws of the State of New York. Sole venue and jurisdiction for any proceedings under this Agreement shall be in the state and federal courts located in Kings County, New York.

Force Majeure. Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood or other natural disaster, war embargo, or riot, provided that the party whose performance is affected immediately notifies the other party of such matter. The terms of this clause shall not exempt any Party from its duty to perform the obligations under this Agreement, but shall only suspend such obligation until as soon as practicable after a force majeure condition ceases to exist.

Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested at the address first set forth above.  A notice sent by e-mail shall be deemed effective notice only upon acknowledgment by return e-mail of such notice by the recipient. Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.

Miscellaneous. 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. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way. This Agreement and Program description constitute the entire agreement and understanding between the parties and supersede any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.