TERMS AND CONDITIONS
Updated on 29 May 2023
Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from, or accessing ANITA JOOS EYRE COACHING, www.anitajooseyre.com and its sub-domains, affiliated sites, and social media pages and accounts of ANITA JOOS EYRE COACHING on Facebook, LinkedIn, Instagram, and Whatsapp. (“Site” / “Sites”).
The Sites and all of the audio, visual, and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from ANITA JOOS EYRE COACHING, e-mail lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools (“Contents and/or Services”) are owned by ANITA JOOS EYRE. (“We”, “Us” Our”, “Coach”).
These terms apply to all users, visitors, viewers, subscribers, clients, and/or customers of our sites (“User”, “You”, “Client”, and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.
YOUR CONSENT
By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents and/or Services, you consent and agree to be bound by these Terms.
You further warrant and acknowledge reading these Terms or, at the very least, had the opportunity to read them and chose not to do so.
You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you can only access, view, or purchase anything from our Sites with the consent of your parent or guardian.
If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing, or accessing any of our Contents and/or Services.
RULES THAT APPLY TO OUR SITES
When you use, visit, view, download, purchase from, and/or access our Sites, or join any of our programs, you agree:
1. Not to post, upload, distribute, publish, or disseminate any names, materials, or information that is considered inappropriate, defamatory, obscene, unlawful, or indecent in any platforms owned by the Coach.
2. Not to attend sessions under the influence of alcohol or recreational drugs, and any medications, except those prescribed by Medical Providers.
3. To cooperate with the Coach.
4. Not to interfere or display disrespectful, violent, disruptive, or abusive behavior towards himself or herself, fellow Participants, the Coach, and others.
5. Not to upload any files that contain viruses or worms that may destroy the Coach’s operations;
6. Not to transmit, share, download, copy, or post any content that infringes the Coach’s intellectual property rights and that of other persons or entities;
7. To be open to feedback and assistance, to be present and prepared to complete the work as assigned by the Coach;
8. To give only complete, accurate, correct, and up-to-date information.
9. Not to sign any Agreement with the Coach as someone else nor to create/use a false identity when participating in the Coaching Program.
10. To take ownership of his/her progress and accomplishments.
11. Not to send unsolicited emails to our users.
12. Be open-minded to the Coach’s methods and participate in the activities prepared by the Coach.
13. Not to harm, stalk, defame, threaten, offend, harass, abuse, or violate the privacy of legal rights of others through or on our sites.
14. Not to use our Site in any way that could cause damage to us, our Site, or any of our users.
15. Not to transmit or post unwanted or unsolicited content to promote or sell your products or services.
We reserve the right to disclose any materials you posted or information you provided on our Sites to comply with any legal or governmental requests.
We also reserve the right to terminate any Session or the Program in case of violation of this Section, without any right on the part of the Client to ask for a refund.
PERSONAL INFORMATION
To download or purchase our Content and/or Services, you may be required to provide personal information about yourself, including but not limited to your name, e-mail address, billing address, payment details, and other personal information. Any identifiable information you provide us is governed by our Privacy Policy, which you can access here.
Legally, you have the right to appeal any decisions we make regarding the processing of your personal information.
You agree to provide only your own complete, accurate, correct, and up-to-date information.
You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing, and/or accessing our Sites.
While we strive to protect your personal information, no data transmission over the internet can be guaranteed to be entirely secure. You acknowledge that we cannot warrant the security of any information you transmit via the internet and accept the risk associated with sharing personal information online.
USERNAME AND PASSWORD
When you access our membership areas, you will be required to create a user account, which involves submitting a username and password. You agree to maintain the confidentiality of your username and password and to protect them from unauthorized use.
We reserve the right to terminate your access to any of our Contents and/or Services without refund, in case you share your username or password or if we have reasonable grounds to suspect that you shared your username or password for purposes of allowing anyone person, group, or individual, to have access to our Services, and/or Products.
DISCLAIMERS
The Contents in our Site are solely for Educational and Informational Purposes Only
The content provided on our Sites is general in nature and is not intended as professional financial, legal, accounting, medical, psychological advice or otherwise. All information and resources shared are for private use and are not guaranteed to be complete, accurate, or current. We make no representations or warranties regarding the completeness, accuracy, or reliability of the information provided on our site.
We do not provide Medical or Mental Health Advice.
Anita Joos Eyre is a Certified Professional Coach. We are not acting as your doctor, physician, nurse, medical professional, or mental health provider. We do not offer healthcare, medical, or nutritional therapy services, nor do we diagnose, treat, prevent, or cure any physical, mental, or emotional issues, diseases, or conditions. Nothing on our site should be construed as medical, counseling, or other professional advice.
Do not use this Site or any of our Contents and/or Services if your mental or medical health care provider advises against it.
Should you experience faintness, dizziness, pain, or shortness of breath while using our content or services, stop immediately and consult your healthcare provider. Do not delay seeking or disregard medical advice based on information you have read on our site. Do not start or stop any medication without professional medical guidance.
Use this Site and our Contents and/or Services at your own risk. You should not rely on any information on this Site as a substitute or replacement for professional medical advice, diagnosis, or treatment.
We do not provide Financial, Legal or Accounting Advice
We do not hold ourselves out as your attorney, accountant, or financial advisor. The content and services found on our sites are not intended as substitutes for legal, financial, or accounting advice.
Always seek advice from your legal counsel, financial advisor, or accountant regarding specific legal, financial, or accounting issues you may have.
We do not guarantee any specific Results
We cannot guarantee specific outcomes when you utilize the techniques, ideas, tips, or strategies we provide. Your success in achieving results depends on various factors, including your background, dedication, skills, motivation, effort, and commitment.
The examples provided on our site reflect exceptional results, and we cannot assure that you will achieve similar outcomes by using our techniques, ideas, tips, strategies, content, or services.
We are not liable for your actions. Please exercise due diligence when using our content and services.
We do not guarantee earnings or income.
While we make every effort to accurately represent our offers, programs, and their potential value, any statements regarding income or earnings made by us, our advertisers, sponsors, or affiliates are merely estimates of what may be achievable. There is no guarantee that you will attain these levels of income, and you acknowledge that earnings and income results will vary by individual.
Earning potential is influenced by multiple factors, including but not limited to your background, experience, dedication, skills, motivation, and current market conditions. We make no guarantees of income or success. Results will vary, and references to past performance or income levels should not be interpreted as guarantees of future success.
The examples provided on our website reflect exceptional outcomes. Utilizing our techniques, strategies, products, or services does not guarantee similar results.
Testimonials, Feedback, and Positive Reviews are but examples
The testimonials, reviews, opinions, and statements presented on our sites pertain only to the individuals depicted. They serve as examples, and there is no guarantee that you will achieve the same results as other users.
We do not claim that these are typical results that users generally attain. The testimonials are not necessarily representative of all those who utilize our content and/or services.
The testimonials displayed are verbatim except for corrections of grammatical or typographical errors. Some testimonials have been shortened if they are lengthy, or if parts of the testimonial are not relevant to the general public.
Fair Use Notice and Copyrights Considerations
We acknowledge that allowances are made for 'fair use' for purposes such as criticism, comment, news reporting, scholarship, teaching, and research.
Not all content on our site is owned by us; it is possible that we have used content owned by another person or entity. All rights and credits are attributed to the rightful owners. We do not intend to infringe upon the copyrights of others.
If you wish to use copyrighted material from our site for purposes extending beyond 'fair use,' you must obtain permission from the copyright owner or from us.
Opinions that you find on our Site are those of the authors
The views and opinions expressed on our Site are those of the authors. They do not necessarily reflect the official policy or position of ANITA JOOS EYRE COACHING / ANITA JOOS EYRE. Any content provided by our guest bloggers, authors, or speakers is their opinion.
Our views or opinions on our Site are personal. Unless explicitly stated, they do not reflect the ideas, ideologies, or points of view of any organization we may be affiliated with in a professional or personal capacity.
Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
We do not make any representations as to the accuracy or completeness of any opinion expressed on Our Sites.
We will not be liable for losses, injuries, or damages from the display or use of these opinions.
Our Site contains Content that you may consider offensive, controversial, or triggering. Use your discretion.
Our Sites may contain topics that Users may consider sensitive, profane, vulgar, violent, sexual, offensive, controversial, or objectionable. Some of our contents may trigger post-traumatic stress disorder.
We do not endorse this Content or information, and they do not represent our opinions.
By using, viewing, visiting, subscribing to, purchasing from, or accessing our Sites, you agree that you were informed and warned about the nature of some of our Content. Your discretion is advised.
We use AI-Generated Content
Our sites and services may use AI to generate content, including, but not limited to, articles, social media posts, and marketing materials. We strive to ensure that AI-generated content adheres to relevant standards and guidelines, including copyright laws. Each piece undergoes a rigorous review by our team before publication.
When significant, we commit to disclosing the use of AI in content creation, ensuring that users can distinguish between human-created and AI-generated materials.
We encourage users to critically assess and provide feedback on AI-generated content, which helps us maintain and improve our high-quality standards.
Our Sites may include Third Party and Affiliate links. We may earn a commission if you click or purchase something from the said link.
We do not guarantee the safety of any third-party Links found on our Sites. We have no control over and assume no responsibility for the Content, services, courses, products, privacy policies, or practices of any third-party links. Proceed at your own risk.
Use your discretion when using products or services we endorse
Once in a while, our Site may feature sponsored posts for Products and Services that we tried. We will only provide a truthful evaluation of such Products and/or Services. However, we make no warranties, guarantees, or representations as to the success, effectiveness, or safety of said Products and/or Services. Use them at your own risk.
We do not guarantee or warrant any of our Contents and/or Services
While we make every effort to ensure that accurate information is disseminated on our Sites, we make no representation about the Contents and/or Services and their suitability to any and every purpose.
Our Contents and/or Services are provided "as is" and without an express or implied warrant.
Any representation or warranty that might be otherwise implied is expressly disclaimed, including but not limited to implied warranties of merchantability and fitness for any particular purpose and all warranties arising from a course of performance, course of dealing, or usage in trade.
We do not warrant the accuracy, completeness, or reliability of any Third-Party Links or services you may find on our Sites. Any reliance you place on said Links, Contents and/or Services is, therefore strictly at your own risk.
You alone are Personally Responsible for your Actions
You acknowledge that your engagement with our sites, content, and/or services—including use, viewing, purchasing, subscribing, downloading, or accessing—is entirely voluntary. You alone are responsible for your choices, actions, and inactions. You agree to exercise your own judgment and conduct due diligence before implementing any ideas, suggestions, or recommendations from our sites.
You agree that we are not liable to you or any third party
To the fullest extent permitted by applicable laws, you agree that we are not liable to you or others in any way or for any direct, indirect, special, incidental, consequential or punitive damages or claims arising out of your use, visit, subscription to, download from, purchase from or access of our Sites, Contents and/or Services, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.
You hereby release, absolve, and forever discharge ANITA JOOS EYRE COACHING / ANITA JOOS EYRE, our employees, agents, contracts and subcontracts, from all claims including those related to personal or business interruptions, misapplication of information, or other potential losses.
You agree that your sole remedy shall be to discontinue the use of our Sites, Content, and/or Services or to request a refund of any payments made to us for the service, course, or product purchased. You shall not be entitled to seek any additional damages, whether consequential, punitive, or otherwise.
WORKING HOURS
Our working hours: Monday-Friday (8:00-11:30 and 13:00-18:00 CET). We do not respond to emails, messages, or calls outside of our working hours. Additionally, we do not respond to communications during Public Holidays or periods of announced vacation/temporary closure.
PROMPT COMMUNICATIONS
We will endeavor to respond to all queries, concerns, or requests for proposals within five (5) working days. If you do not receive a response within this timeframe, please resend your communication.
All queries or requests for clarification from us must be promptly responded to within five (5) working days from the date we sent the communication.
If we do not receive a response, we will send two reminder emails. Should we fail to receive a reply after these reminders, we will assume that you are no longer interested in the service or proposal in which case, we will immediately terminate the service or disregard the proposal or offer.
In the event of termination, no refunds for any payments made will be issued. In case of proposals or offers, you need to ask for a new proposal or offer in case you are still interested in engaging our services.
HOW TO ENGAGE OUR SERVICES
You may book our courses and services through our website or by filling up the inquiry form, calling us or an e-mail, sending a direct message on any of our social media Sites, or booking a discovery call.
In case you send us an e-mail/message, we will strive to respond with a quotation/offer per our communications policy above. If you do not receive any reply from us within five (5) working days, please re-send your e-mail/message.
All service requests are deemed accepted by us only upon the conclusion of a Service Agreement and payment of fees.
PAYMENT TERMS
When you Download or Purchase any of our Services and/or Products, you may pay via Paypal or Bank Transfer.
Unless otherwise provided, all fees must be paid in full before we commence any service. Additionally, you are responsible for all international fees and charges associated with your purchase. These may include, but are not limited to, currency conversion fees, international transaction fees, and bank fees.
In the rare instance that we allow payment of fees through installments, you shall pay according to the fee schedule or you give us permission to automatically charge the same payment method you used to pay the initial installment. You will receive your receipt via e-mail following your Purchase. This receipt should be retained for your records.
Should your payment method be declined, or should you unilaterally cancel the automatic charge by actions such as failing to update your credit card information or canceling the payment method initially chosen, we will provide a grace period of thirty (30) days for you to settle the charge. If the fee is not settled within this period, we will consider your action a breach of our terms. Consequently, you will automatically lose access to any of our Contents and/or Services you have purchased, without a refund of payments already made. The total cost of your purchase will remain due, and you are obligated to settle it.
We do not entertain, tolerate or accept threats or actual chargeback from your credit card company placed on your purchase or download of any of our Services and/or Contents.
Should you request a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or any other entity for inclusion in any chargeback or delinquent account database.
Our report, which includes your name, e-mail address, and billing address, could negatively impact your credit score/credit report.
You can only have the report removed by contacting us at anita@anitajooseyre.com and arranging for the payment of any outstanding payment, including administrative fees we will impose, of not less than CHF 150.00, to cover the time we spent defending ourselves from your chargeback.
INTERESTS AND REMINDER FEES
In case of non-payment of any fees or charges due, we shall attempt to send reminder e-mails.
We will impose a fee of CHF 15.00 per reminder mail sent on top of the outstanding payments.
We will also impose interests in accordance with the prevailing interest rates.
CANCELLATION FROM THE PROGRAM BY THE CLIENT
Our cancellation policy is detailed in the specific Terms, Contract, or Agreement that you have entered into or agreed to with us.
If you reside in the European Union or the UK, you have the right to cancel within fourteen (14) days from the date of purchase, also known as the "cooling-off period." However, this right only applies if you haven't accessed or used any coaching sessions. By accessing using any coaching sessions during the cooling-off period, you give up your right to cancel.
ADDITIONAL RULES FOR CANCELLATION OF GROUP CLASSES/COURSES
There is a minimum number of students for each class to push through. Read carefully the class description before you sign up.
In case a class needs to be rescheduled due to lack of participants, any fees you paid will be applied to the next available class. You will be given an opportunity to pick the class that suits your availability.
CONTINGENCY DAY
The following are considered Contingency Days:
a. Unfavorable weather conditions to be determined by the Coach.
b. Verifiable injury or illness of any of the Parties or an immediate family that is depending on the Party for care.
c. Force Majeure or any circumstance or occurrence beyond the Coach’s reasonable control, whether or not foreseeable at the time this Agreement was entered into, as a result of which, the Coach cannot reasonably perform or execute its obligations, including, without limitations, acts of God, natural catastrophes, extreme weather conditions, strikes, lock-outs, terrorism, political and civil unrests, sabotage, industry-wide shortages, plant breakdowns, loss of electricity supply, cyber-attacks or non-performance of the Coach’s suppliers or any third parties on which it relies on to perform its obligations.
We shall both agree to reschedule the appointment/session in case of a contingency day. If the force majeure lasts for more than three months, the We may cancel the appointment/session without incurring liabilities.
NO REFUNDS
Due to the nature of our Services, you agree that all sales are final. Except if you are canceling in accordance with the policy provided above, you agree and understand that no refunds shall be issued for whatever reason.
If you have concerns or if there is anything we can do to ensure your satisfaction, please e-mail us at anita@anitahooseyre.com.
MODIFICATION OF SERVICE AND PRICES
We reserve the right to modify our service, descriptions of services, and prices or discontinue any service or any part or content thereof without notice to you and at our sole discretion.
We further reserve the right to limit the sales of our services to any person, geographic region, or jurisdiction.
We shall not be liable to you or any third party for any damage, loss, or injury you may suffer by virtue of any modification, price change, suspension, or discontinuance of our Services.
CANCELLATION OF SESSIONS AND WAITING POLICY
We reserve the right to refuse, modify or cancel any session booked. In such an event, we will attempt to notify you using the e-mail address or phone number you provided at the time the booking was made.
We likewise reserve the right to cancel any program you joined at our discretion.
Unless the reason for cancellation is a breach of our terms as enumerated in this document or any contract you signed with us, we will only issue you a pro-rated refund for fees paid for unused sessions.
We have a ten-minute waiting policy. If you don’t inform us ahead of time that you will be late, or in case of no show, the session is deemed forfeited. In which case, you acknowledge that you shall have no right to a refund or to reschedule.
TERMINATION
In case you abuse, breach, or violate any of these Terms, our Privacy Policy, and any other terms you agreed to with us, we will terminate your use or access to our Sites and/or Services, without refund, at our sole discretion and without the need to notify you.
We will not be responsible for any claims, damage, or liability you may suffer arising from or in connection with such exclusion or discontinuance.
INTELLECTUAL PROPERTY
The Site, Contents, and Services and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets, and proprietary information, accessible on or through www.anitajooseyre.com, any third-party websites we may use to distribute or host our Sites, Contents, and/or Services, as well as e-mails we send to you, are owned by us and are protected by copyright, trademark, and other intellectual property laws.
Our name, the Course, service and product names, logos, designs, taglines, and slogans are our trademarks which you cannot use without our written permission.
By using, visiting, viewing, downloading, purchasing, and or accessing any of our Content, and/or Services, you do not gain any right, title, or interest in the said intellectual property unless we otherwise grant you rights through prior written authorization.
Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorized use, reproduction, copying, or dissemination of any of our Contents, and/or Services, shall be prosecuted to the fullest extent of the law.
LIMITED RIGHTS GRANTED TO YOU
When you purchase and/or download any of our Content, or Services, you are only granted a non-exclusive, non-transferable, limited, and revocable license that covers personal use.
Unless expressly authorized, you may not copy, share, forward, distribute, reproduce, republish, or otherwise disseminate; nor may you sell, license, rent, adapt, edit, translate, enhance, reverse engineer, or create derivative works from any of our Content and/or Services. Creating derivative works from the licensed Content and/or Services without prior authorization is strictly prohibited and constitutes a violation of our intellectual property rights.
Any violation of the Terms contained in this Section shall be considered infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.
CONTENT SHARING
You may share our Content found on our Sites without asking permission from us provided that the following terms are complied with:
1) You may only share our Content for personal use
2) You will directly link to our Site
3) You will credit us should you share our Content on your blog, Site, social media account, or a third party’s blog, Site, or Social Media Accounts.
4) You may not represent, claim, or imply that you are in any way associated with ANITA JOOS EYRE COACHING
5) You are not allowed to represent or imply that the Content is yours or was created for you.
NON-COMPETITION
As a condition of using our Content and/or Service, you agree not to engage in or start any business activities that directly compete with or create products or services that are substantially similar to the products or services that we offer.
This non-competition obligation applies during the term of your engagement with us and for a period of two years following the termination or conclusion of your use of our services, content, or media.
In the event of a breach of this non-competition clause, the following penalties and sanctions will apply:
Forfeiture of Fees Paid: Any fees or payments made to us will be forfeited, and no refunds or credits will be issued.
Immediate Termination of Services: We reserve the right to immediately terminate any ongoing services, access to content, or support in the event of a breach.
Monetary Penalty: You will be required to pay a penalty equivalent to one hundred percent of the revenue generated from any competing business activities, or a minimum of Ten Thousand Swiss Francs (CHF) as compensation for damages incurred.
Legal Action and Recovery of Damages: We reserve the right to take legal action to recover any direct or indirect damages, including but not limited to lost profits, resulting from the breach of this clause.
This clause is intended to protect our proprietary information and business interests without unduly restricting your ability to pursue your livelihood. By agreeing to these terms, you acknowledge the importance of protecting our intellectual property and business model.
UNAUTHORIZED USE
If you use any of our Contents and/or Services without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (3) times the total fees you paid for our Services, or a minimum of CHF 3,000 if you did not pay any fees, in addition to other remedies that we may be entitled to pursue.
PIRACY
In case you violate or threaten to violate any of our intellectual property rights, titles, or interests through acts such as but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents or Services, you agree to indemnify, pay and transfer to us all the earnings you gained or will gain through such violations, acts or negligence.
You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles, or interests.
You likewise agree to indemnify us in the case through your acts or negligence, another person can make use, disseminate, distribute, or share our Contents and/or Services or engage in any act that violates our intellectual property rights, title, or interests.
You recognize that any violation or threatened violation of our Intellectual Property Rights, titles, or interests would cause irreparable injury to our business and reputation, which damages may not adequately compensate. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond and other legal remedies we may pursue.
CONFIDENTIALITY CLAUSE APPLICABLE TO ALL OUR COACHING SERVICES
We keep all information the Client shares private and confidential. This provision applies to communications between the us and a Client, and information owned by third parties that the Client may share in the course of the Coaching Relationship. We likewise apply the principles of Confidentiality as embodied in the International Coaching Federation (ICF) Code of Ethics.
All recordings, conversations, and notes will remain confidential except in the following circumstances:
a. When the Client explicitly provides for the confidentiality to be broken
b. When the Coach is compelled by a court of law
c. In instances when confidentiality cannot be maintained, for example
1) The possibility of harm to yourself or others exists
2) In cases of fraud or crime
3) When minors (under 18 years old) are involved
d. Where a referring GP or other healthcare professional requires a report. A copy of the report will be available on request.
The Client is prohibited from sharing any confidential and proprietary information which may harm the Coach’s business or personal interests if repeated, copied, distributed, transmitted, and/or otherwise implemented by a third party.
The Client further agrees not to share or otherwise cause the sharing of information learned or gained through participating in the Coaching Program.
This provision covers information owned by the Coach and third-party licensors.
YOUR POSTS AND RECORDINGS OF GROUP/PERSONAL CALLS
When you submit comments, photos, posts, images, videos, or other contributions (“Media”) to our Sites or any third-party Sites that we operate, you affirm that you are the owner of such Media and that you are at least 18 years of age.
Furthermore, you authorize us to take photographs and make video and/or audio recordings of you (“Photographs and Recordings”) during our calls, webinars, workshops, or other communications (“Communications”).
You grant us, and any of our contractors or subcontractors, an unlimited, royalty-free, irrevocable, unrestricted, non-exclusive license to print, copy, use, transmit, exploit, modify, create derivative works from, and display your Media, Photographs, and Recordings in any manner or for any purpose. This includes incorporating them into our current or future Services and/or Products.
You also authorize us to use your Photographs, Recordings, and Media, including your image and likeness, and to identify you as the person in the Photographs or Recordings or as the individual or author who submitted the Media. Identification may be by name, email address, social media handle, or screen name for any purposes, including marketing, advertising, or other commercial activities.
We reserve the right to discontinue the use of your Media, Photographs, and/or Recordings at any time and for any reason.
Additionally, you agree to assign all intellectual property rights in your Media, Photographs, and Recordings to us without the necessity for further permission or compensation to you, now or in the future.
TERMINATION
In the event that you abuse, breach, or violate any of these Terms, our Privacy Policy, or any other agreements you have entered into with us, we reserve the right to terminate your access to our Sites and/or Services immediately, at our sole discretion, and without prior notice. No refunds will be issued upon such termination.
Furthermore, we will not be liable for any claims, damages, or liabilities that you may incur as a result of or in connection with such termination or discontinuance
EXCUSABLE DAYS AND FORCE MAJEURE
The following are considered Excusable Days:
· Unfavorable weather conditions, as determined by us;
· Verifiable illness or injury of the Parties, evidenced by a doctor’s note;
· Force Majeure or any circumstance beyond our reasonable control that prevents us from fulfilling our obligations.
This includes, but is not limited to, acts of God, natural catastrophes, extreme weather conditions, strikes, lock-outs, terrorism, political and civil unrest, sabotage, industry-wide shortages, plant breakdowns, loss of electricity supply, cyber-attacks, or the non-performance of our suppliers or any third parties we depend on.
You agree to reschedule any appointment/session in the event of an Excusable Day as defined in this provision. Should a force majeure event extend beyond three months, either party has the right to terminate the contract and cancel any scheduled appointments/sessions without incurring liabilities
INDEMNIFICATION / HOLD HARMLESS
You agree to indemnify, defend and hold harmless ANITA JOOS EYRE COACHING / ANITA JOOS EYRE, our affiliates, officers, agents, contractors, licensors, service providers, suppliers, interns, and employees from any claim or demand, including reasonable attorney’s fees, made by any third party due to, or arising out of your breach of the Terms or your violation of any law or rights of any third parties.
ASSIGNMENT OF RIGHTS
You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify you or wait for your consent. You are not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.
NON-DISPARAGEMENT
Complaints and Grievances are to be settled under the next Section. You may not post or publish disparaging or defamatory remarks about us, our business and services.
COMPLAINTS AND ARBITRATION CLAUSE
If you have any complaints or grievances, contact us first at anita@anitajooseyre.com so that we can resolve the dispute with you, to our mutual satisfaction, as quickly and effectively as possible.
If we cannot amicably resolve the dispute, you agree to submit it to a binding arbitration to occur in or nearest Malans, Switzerland.
You agree and hereby waive any right to class arbitration. You further agree to conduct an arbitration solely based on your individual claim and/or entirely related to your claims against us.
The arbitral proceedings shall be concluded in English.
You further agree that you shall be responsible for all the costs associated with initiating the arbitration proceedings and all related administration costs.
You hereby understand and agree that you are waiving your right to a jury trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.
Any award or judgment that the arbitrator issues shall be binding. The only award that can be issued to you is a refund of any payment made to us for the service, Course, or product you purchased. You agree that you are not permitted to seek additional damages, consequential, punitive, or otherwise.
NO RELATIONSHIP CREATED
You agree that by using our Contents and/or Services, no joint venture, employment, or agency relationship is created between you and us.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and ANITA JOOS EYRE COACHING pertaining to our Sites, Contents, and/or Services. These Terms constitute the entire agreement between you and us regarding our Sites, Contents, and/or Services. They supersede all prior or contemporaneous agreements, representations, proposals, and understandings between us. These terms, developed for us by Legally She Can, align with the legal frameworks that reflect the guiding principles of our business.
SEVERABILITY
If any provisions of these Terms are held invalid, illegal, or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal, or unenforceable shall be changed or interpreted to accomplish best the objectives and purpose of the whole provision and/or these Terms.
CHANGES TO THESE TERMS
We reserve the right to update, replace, or change any part/s of these Terms without having to notify you personally. It is your responsibility to check these changes and to update yourself.
Any new Content and/or Services we add to our Sites shall be subject to these Terms. By remaining and continuously using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.
CONSENT TO GOVERNING LAW AND JURISDICTION
These Terms, claims, or disputes arising out of it shall be governed by the laws of Switzerland, without regard to its conflict of laws rules. These Terms were drafted for us by Legally She Can to reflect our commitment to upholding the highest standards in business practices.
If you have any questions or concerns regarding these Terms and Conditions, please get in touch with us: anita@anitajooseyre.com
ADDITIONAL TERMS FOR LIVE CLASSES, ACTIVITIES AND EVENTS
By participating in any of our live classes, activities and events, you hereby accept this Events Disclaimer:
In consideration of being allowed to register for, and participate in, an event, activity, class or experience (“Event”), I, the participant, hereby waive, release from liability assume all risks and covenant not to sue ANITA JOOS EYRE COACHING or their members and employees, for any expenses, loss, damage, personal injury (including loss of life, disability, or serious harm), negligence or actions (“Loss”) resulting from or arising in connection with my attendance at or participation in the Event and any related activities unless said loss is caused by the sole, gross negligence of ANITA JOOS EYRE COACHING.
I agree that this waiver and release shall bind me and my personal representatives, and shall be enforceable to the fullest and broadest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.
I understand and I am aware that my participation in the Event involves risks, including, but not limited to, physical activity, or activities that involve risk that I create for others or others may create for me.
These risks may lead to a Loss, and I nonetheless choose to participate in the Event, I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose to participate in the Event.
I further understand and accept that ANITA JOOS EYRE COACHING shall have no responsibility whatsoever for any risks or loss that may arise due to my participation or attendance to Events and classes that are not hosted by ANITA JOOS EYRE COACHING.