MiniMind Terms & Conditions

The Coach is not a psychiatrist, psychologist, therapist, counselor, business manager, virtual assistant, or other agent of the Client’s business.

Although Coach is a marketing and business specialist, this is not an agreement for any other services.

A separate agreement must be made if engaging in marketing, business, or any other services.

The Client understands and agrees that they are voluntarily choosing to enrol in the MiniMind and that it involves working with the Coach to help Client think through and analyze decisions and assist Client with finding his/her own direction.

The Client understands that they are solely responsible for any outcomes or results and acknowledges and agrees that Ashley Deland / Deland Marketing Inc. is not responsible nor liable to the Client should the Client sustain any injuries, incur harm, or encounter any negative ramifications.

The Client understands that the Coach may offer her opinion regarding decisions, but it is the responsibility of the Client to make the final decision and choose the best option for themselves.

The client also agrees that he/she is solely responsible for any decisions he/she makes, and indemnifies Coach from any liability regarding said decisions. The client hereby acknowledges that the Client is solely responsible for the amount and type of improvement that the Client generates by implementing techniques and advice provided by the Coach.

The Client understands that all services provided by the Coach in connection with the program being purchased are provided on an “as is” basis. They are without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, merchantability, or expectation or course of performance. The Client is choosing to purchase this Program and work with the Coach on a purely voluntary basis and does not hold the Coach responsible should the Client become dissatisfied with any portion of the Program.

Although the Coach may offer Client tools to help improve all aspects of Client’s life, the coaching services in this Program are specific and limited in nature, pursuant to this Agreement.

COACH'S RESPONSIBILITIES

The Coach will provide the following as part of the Program:
6, 60 mins group coaching sessions via video call, which will take place during the Term of this Agreement.
The Client understands it is their responsibility to show up for each call with the Coach via Zoom Video Conferencing with their camera on.
Client is aware that part of this program is being actively engaged with the group and the calls. We ask that every member have camera on during our zoom call (unless otherwise stated) and we have a missed call policy to ensure we protect the integrity of the group.

Coach is also responsible for:
Coming to each coaching session prepared
Devote my full attention to you during our coaching calls
Provide you with resources, knowledge, support and guidance




CLIENT'S RESPONSIBILITIES

Coach has established her proprietary Program in order to educate and inspire the Client to pursue personal and professional goals.
The client hereby acknowledges that by completing and implementing the advice and techniques in the Program can lead to success, Client accepts and agrees that the Client is 100% responsible for his/her results from the Program.
The client acknowledges that, as with any business endeavor and investment, there is an inherent risk associated and to optimize their potential results from the Program they will adhere to the following:
Attending each coaching call and any other related Program activities promptly on the scheduled date and time.
Voluntary participation in all activities with Coach and if applicable any other group members.
Completion of any Program material, including assignments, reading material, journaling, and/or worksheets if applicable.



PAYMENT AND FEES

The Client agrees that absent an agreement regarding a payment plan with the Coach, they must complete payment in full before becoming entitled to any products or services included within the Program.

If the Coach has offered the Client a payment plan, all information regarding the payment schedule is outlined in the attached below.

A partial payment shall be construed as a commitment to pay the entire Program price. If Client selects a payment plan option, Client agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Client. Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.

Should the Client fail to make timely payments, or if additional payments cannot be processed, the Client understands: (1) the remainder of the Program may be forfeited until payment is made; and (2) the Client will owe a five percent (5%) late fee per month on the amount still owing. A payment is to be considered late if not paid within five (5) days of the date it is due. Accounts that have not been paid after 30 days will be turned over to collections, and the balance of the Client’s account will become due and payable. If the Client’s account is turned over to collections, the Client understands and agrees they are responsible for any and all fees accrued, in addition to the original account outstanding balance.
The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorney fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
The Coach reserves the right to cancel or cease working with the Client should they fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, the Client understands they are not entitled to a refund of funds already issued to the Coach in exchange for work completed thus far, and it's up to the sole discretion of the Coach whether the Client is to have continued access to any materials made available to the Client during the Program up until payments were missed.

The Fee for the Program will be paid as follows:

For Tier 1
- 1 payments totalling $497 + applicable taxes
- OR 2 monthly payments totalling $249 each + applicable taxes

For Tier 2, which includes a 60 min 1:1 call with Ashley
- 1 payments totalling $997 + applicable taxes
- OR 2 monthly payments totalling $499 each plus applicable taxes


The Client agrees to render full payment and understands they will be charged in the amounts outlined above, on the corresponding due dates of each instalment payment. Should the appropriate method of payment change at any point during the above-outlined schedule, the Client agrees they will promptly notify the Coach and/or Coache’s Team to ensure payments are not missed.
The Client further agrees to render the payments monthly on the date of the first invoice and that the fourth and final instalment is to be paid in the final month of the program.


REFUND POLICY & TERMINATION

Due to the educational nature of the Services and the limited availability of the Coach, there are no refunds. The Client understands this provision and agrees that they are not entitled to a refund once payment has been issued to the Coach.
Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Coach or other members of Coach or group members; 3) Client refuses to pay or does not pay within the schedule outlined in Section above; 4) Client proves to be difficult to work with and/or does not attend the scheduled coaching or group calls; 5) for any other legitimate business purposes in the best interest of Coach.
If any of the following causes trigger Coach to terminate the Agreement, the Client is still liable to pay the entire cost of the Agreement.
The Client understands that any money owing to the Coach at the time of termination will become due at the effective date of termination.


CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE, NON-DISPARAGEMENT

Confidentiality - This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. The client understands that Coach takes pride in the proprietary information included in each Program. As such, the Client agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to Ashley Deland / Deland Marketing Inc. .
Confidential Information includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies the Client learns as a result of working with the Coach, plans or outlines for future programs or packages, the information contained in documents, or any other original work created by the Coach, and any and all other intellectual property such as:
Any systems, sequences, processes, or steps shared with the Client. Any information disclosed in association with this Agreement. Any trade secrets in connection with the Program or business practices. Should the Client breach this provision and disclose confidential or proprietary information belonging to the Coach or another participating in the Program, the Client understands additional action may be taken by the Coach up to and including legal action.
Intellectual Property - The Client agrees and understands that the Coach has created numerous original, creative works in connection with the Program, and agrees that the Coach 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 the Client or specifically for the Client, 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 Coach. Other examples of intellectual property found on our website and within our products and services include, but are not limited to:
Trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as Intellectual Property.
Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by the Coach and passing it off as their own.
Copying any of Coach’s course material for Client’s personal use.
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent.


The Client agrees they may be granted a limited right to use selected materials in the course of their own business, but understands that the rights remain with the Coach. Client shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by and the third parties described within this Section in either whole or part without prior written consent. The client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and Canadian law.
Non-Disparagement - Both Parties agree not to take any actions, make any statements (whether oral or in writing) that negatively impact the other person’s business, reputation, services, or products. The Client shall not at any time directly or indirectly take any action and/or make, publish, file, or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel, or slanderous in nature to the Coach and/or the Program in any way. The Client acknowledges that the Coach retains the right to terminate the Program for any violation of this section and may be entitled to injunctive relief.
The Client understands that from time to time, the Coach may want to use general statements about the Client's success or results as social proof and part of its marketing strategy and for future training. By signing this Agreement, the Client agrees to Coach sharing Client's success stories on social media, marketing materials, websites, and other items related to their business. The coach may also ask the Client to provide testimonials about the Coach, and the Program, via video, audio or written testimonials.
Both parties will keep Confidential Information in the strictest confidence and shall implement the best effort to protect Confidential Information to protect it from disclosure, misuses, misappropriation, loss, and theft. The coach will not disclose any of the Client's personal information to third parties without prior written consent.
The Client releases the Coach from all claims which the Client may have now or in the future for compensation of any kind arising out of the Client's participation in the said photographs, motion pictures, videotapes, recording or any other record of the Clients participation in the Program or related activities

INDEMNIFICATION / LIMITATION OF LIABILITY

Client hereby acknowledges that neither Coach nor Coach’s team is liable for any injuries that may arise from Client's personal decisions based off of his/her participation in this program, including but not limited to: a decision to leave a job, leave a relationship, change their living environment, a decision to invest in an opportunity, a decision to start a business, any of Client's business, personal or financial decisions. The client hereby agrees to indemnify and hold harmless both Coach and of any claims that may arise from Client's participation in the Program.
The Client agrees at all times to defend, fully indemnify and hold the Coach and any affiliate agents, team members or other party associated with the Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of the Client's use of Program, as well as any third-party claims of any kind (including attorneys fees) arising from his/her actions as a direct or indirect result of Client's participation in the Program.


MISCELLANEOUS

Amendments - The Coach may modify this Agreement from time to time. Any modifications, amendments, or alterations of this Agreement will be notified to the Client through an addendum signed by both the Client and the Coach, or a party authorized to sign on behalf of either party. Any amendments must be agreed to in writing and executed by both parties.
Applicable Law - This Agreement shall be governed by and under control of the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of Client. The Client understands this and agrees that the laws of the Province of Ontario are to be applicable here.
Severability - If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement supersedes and replaces any other existing negotiations, communications, or agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties. The Client 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. The client has taken any necessary measures to discuss further and have any questions answered by the Coach or Coachs team, and is in full agreement with the terms outlined herein.
Non-Compete - The Client warrants and guarantees that throughout the duration of this Agreement and for a period not to exceed 12 months following the completion of the termination of this Agreement the Client shall not directly or indirectly engage and/or solicit any Client's, customers, staff or employees for the benefit of the Client and the Client's business without any express written notice of the contrary by the Coach. The Client understands that at such time, the Client will not speak negatively of the Coach and/or the program nor ask about the client, customer, staff, or employee's experience working with or for the Coach.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by Ashley Deland / Deland Marketing Inc. .
Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration submitted to the Canadian Arbitration Association. In any disputes involving unpaid balances on behalf of Client, Client agrees to pay all arbitration fees and attorney fees.
Execution - This Agreement may be signed in counterparts. Signatures sent via facsimile and electronic signatures shall be deemed valid.