Terms and Conditions
Terms and Conditions
This Agreement is made and entered into on the day of registration (“Start Date”) between yourself (hereinafter referred to as "Customer") and The Luckiest LLC (hereinafter referred to as "Company").
Company and Customer hereby voluntarily and willingly agree as follows:
For good and valuable consideration of TLC Community Membership Pricing of $22 per month or $242 per year (price effective April 28th, 2022) OR TLC Academy Pricing of $49 per month or $539 per year OR a combination of both TLC Community and TLC Academy for $71 per month or $781 per year. Customer has agreed to purchase ‘The Luckiest Club Membership’ (hereinafter “Program”). In exchange, Company agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Customer understands and agrees that the Company will utilize suitable methodologies in accordance with the Customer’s needs.
1. Program Details
Customer agrees and understands that he/she is purchasing ‘The Luckiest Club Membership’ a monthly or annual subscription program.
Customer acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in ‘The Luckiest Club Membership’ as well as what is not included. Customer agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.
The Program is not to be considered a substitute for medical wellness or treatment. The Company is not able to nor will provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. The program is not designed to treat any mental, emotional, or other medical conditions. If you as the Customer believe you may be in need of medical treatment or diagnosis to relieve a current condition, the Program is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Company to provide any services other than that outlined below in the Program Outline Addendum.
2. Confidentiality
This Agreement is considered a mutual non-disclosure agreement, meaning both Customer and the Company agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Customer learns as a result of working with the Company, plans or outlines for future programs or packages, the information contained in documents or any other original work created by the Company, and any and all other intellectual property (discussed below).
Customer and the Company agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Customer working with the Company shall survive the expiration of this Agreement and Company services. This means Customer and the Company both agree to continue to keep Confidential Information private, even after the completion of working with the Company.
Should Customer breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Program, Customer understands additional action may be taken by the Company up to and including legal action.
3. Intellectual Property Rights
Customer agrees and understands that the Company has created numerous original, creative works in connection with the Program, and agrees that the Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Customer or specifically for Customer, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, Facebook ad strategies, guides, and any other original work created by the Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from the Company to Customer, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Customer agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Company or obtained through working with the Company, without Company express written consent. If such behavior is discovered or suspected, the Company reserve the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased with the Company, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Company Limited License to Customer: Customer understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by the Company as she sees fit. Customer understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by the Company. As a “Licensee,” Customer understands and agrees that Customer will not: (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Company; (b) post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by the Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Customer, (c) share purchased materials, information, content with others who have not purchased them, (d) Customer further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
4. Payment
Customer agrees to render payment via PayPal or Stripe and understands that the purchase amount is due and payable upfront. Customer understands that they will be billed monthly or yearly automatically from the date of subscription unless Customer cancels their membership.
5. Subscription Cancellation:
Customer understands they must initiate the cancellation of Customer subscription in their User Profile > Settings > Billing Information. Company cannot initiate cancelations and if Customer requests a cancelation via email, call, or otherwise, they will be referred to the cancelation instructions.
Customer may cancel their Program at any time by going to the User Profile > Settings > Billing Information. Cancelation instructions are clearly provided on the Program site.
Company may cancel Customer's Program at any time and without notice if the Customer is in violation of the community guidelines.
If a Customer subscription payment fails, the Program will be terminated immediately. The Customer can gain access to the Program by updating their billing information.
6. Refund Policy
The Company is not able to offer refunds once Customer has purchased a Program. Customer understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued.
Customer further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.
If Customer fails to cancel membership at the end of the free 3 day trial for TLC Community, a refund will be honored if submitted in writing to support@theluckiestclub.com within 48 hours of the end of the free trial. Refunds will not be granted to requests made outside of the 48 hour window.
7. Indemnification
Customer agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Customer’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Customer’s participation in Program. Should Company be required to defend herself in any action directly or indirectly involving Customer, or an action where we decide Customer’s participation or assistance would benefit Company defense, Customer agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
8. Medical Disclaimer – Not Medical or Professional Advice
The purpose and goal of Program is to provide educational and support services. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment.
Program offers community support services only. There are no treatment or medical-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) medical services. Company is not attempting nor suggesting Customer enroll in Program in place of a personalized consultation with a medical professional in your geographical area.
The Company encourages Customer to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
9. Discontinuation of Program
Program does not provide any medical advice, treatment, or counseling/therapy services to Customer. If at any point during Program, Company believes Customer to be in need of medical treatment or other services Company cannot provide, Company will advise Customer of this. Customer has the right to refuse this referral and ignore the recommendation; however, Customer may be asked to discontinue use of Program for his/own well-being, until such treatment can be provided. Should Customer wish to disregard Company recommendation and wish to continue with Program, Customer agrees to sign an additional waiver confirming this information.
If Customer has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Company, and may or may not be offered.
10. Voluntary Participation
Customer understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Company believes in their services and that Program is able to help many people, Customer acknowledges and agrees that ‘The Luckiest Club Membership’ is not responsible nor liable to Customer should Customer sustain any injuries, incur harm, or encounter any negative ramifications. Customer agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.
11. Disclaimer /No Guarantees
Customer understands that he or she is responsible for participation in the Program. While the Company and his/her team will act in their full capacity to ensure your success and happiness in the Program, The Company cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Customer will hold the Company and Program harmless if he or she does not experience the desired results.
Customer understands that all services provided by the Company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Customer is choosing to purchase this Program and work with the Company on a purely voluntary basis and does not hold the Company or Program responsible should Customer become dissatisfied with any portion of the Program.
Customer agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as the Company delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by the Company and Customer.
Customer also understands the Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold the Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by the Company on his/her website and within the Program is comprised of information that has worked for the Company and other Customers, and may or may not be useful to Customer in his/her personal business or life. Customer understands the Company cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds the Company responsible for.
Customer also understands he or she is purchasing the Program and participating freely and voluntarily. The information contained within the Program may not be suitable for all persons and all fitness levels, and Customer understands he or she is required to modify accordingly, based upon his or her fitness levels, and instructions by physician.
12. Waiver/Assumption of the Risk
Customer understands he/she is entering into a Program for the purpose of achieving a desired health goal through the Company Program. Customer confirms he/she is entering into this Program voluntarily and of his/her own free will.
Customer certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Program with the Company. If Customer elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold the Company responsible for any such injuries or negative consequences.
Customer understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Customer agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Company Program. Should any such incidents occur, Customer understands it is of no fault or responsibility of the Company, and agrees the Company is not liable.
13. Dispute Resolution
Should a dispute arise between the Company and Customer, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Customer agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other Customers of the Company.) If unable to reach a resolution informally, Customer and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Boston, Mass, within a reasonable amount of time. Customer and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.
14. Applicable Law
This Agreement shall be governed by and under control of the laws of Massachusetts regardless of conflict of law principles, and regardless of location of Customer. Customer understands this and agrees that the laws of Massachusetts are to be applicable here.
15. Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Customer and the Company, or a party authorized to sign on behalf of either party.
Customer and the Company agree this Agreement constitutes the entire agreement between the Company and Customer, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Customer understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Customer has taken any necessary measures to discuss further and have any questions answered by Company or the Company team, and is in full agreement with the terms outlined herein.
PROGRAM OUTLINE ADDENDUM
Customer understands, acknowledges, and agrees he/she is purchasing The Luckiest Club Membership. Once the Program is purchased and all Agreements are signed, the Program will continue on a monthly or annual basis (dependent upon the plan selected by Customer at checkout) until otherwise notified by the Company. During this time, the Company will provide the following products and/or services:
Minimum of five online sobriety support meetings per week hosted by Company
One monthly group coaching call (available to TLC Academy Members only). To protect the confidentiality of members, recorded group coaching calls are removed from the member site after one year.
Two workshops per month (available to TLC Academy Members only). To protect the confidentiality of members, recorded workshops are removed from the member site after one year.
Member community
Online group: Customer will be granted access to a private group organized by the Company. Upon gaining access, Customer agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.
Should Customer choose to post anything in this group, Customer is agreeing and acknowledging he or she will not post anything that could harm Company or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Customer understands that if he/she makes the decision to post content that constitutes cyber bulling, Customer’s comments will be removed immediately, and the Company reserves their right to take action against Customer to the full extent of applicable laws.
1. Cost of Program
Customer agrees and understands that the cost of the TLC Membership, is $22 per month or $242 per year and Customer has the option to choose the monthly or annual membership plan. Customer agrees and understands that the cost of the TLC Academy Program is $49 per month or $539 per year and Customer has the option to choose the monthly or annual membership. Customer agrees and understands that the cost of both programs is $71 per month or $781 per year and Customer has the option to choose the monthly or annual membership. Customer agrees and understands that he or she has the option to change their membership plan for TLC Community or TLC Academy from the monthly to the annual plan at any time. If Customer purchases the annual plan for TLC Community and/or TLC Academy and decides to change to the monthly membership, he or she agrees and understands that their monthly membership will begin at the end of their current annual membership and they will not be refunded in full or receive a prorated refund for their annual membership payment.
Customer is to issue payments to Company as follows:
2. Method of Payment
Customer agrees to render payment via Stripe and understands he/she will be charged in the amounts outlined above, on the corresponding due dates of each installment payment. Should the appropriate method of payment change at any point during the above-outlined schedule, Customer agrees he/she will promptly notify Company and/or Company Team to ensure payments are not missed.
3. Missed / Failed Payments
If a Customer Program payment fails, the Program subscription will be terminated immediately and the Customer will be notified via email. The Customer can gain access to the Program by updating their billing information.