Terms of Purchase

Coaching 1:1 with David Bianco

Terms of Purchase

Private 1:1 Coaching

1. By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you Customer agree to be provided with products and/or courses by David Bianco (“Coach”), acting on behalf of Bianco Productions LLC(“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

  • Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide 1 on 1 coaching services.
  • The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website thedavidbianco.com as part of the Course.
  • Customer agrees to be open, present and prepared to complete the work. Customer is responsible for his/her own success and implementation of objectives met.  
  • Teacher reserves the right to discontinue working with the Customer for any reason.
  • 1:1 Coaching includes the following:
    1. 30 minute free consultation
    2. Customized action plan according to Customer’s needs
    3. Consultation in the form of Q and A throughout the duration of the contracted session through email or social media.

2. METHODOLOGY. Customer agrees to be open minded to Coach’s methods and partake in services as proposed. Customer understands that Coach has made no guarantees as to the outcome of the Coaching sessions.

3. By participating in the Coaching sessions, Customer acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in the coaching session is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.

 

The Coach may provide the Customer with information relating to products that the Coach believes might benefit the Customer, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or Coaching provided.

 

The Coach may provide Customer with third-party recommendations for such services as marketing, photography, business, health, or other related services. Customer agrees that these are only recommendations, and the Coach will not be held liable for the services provided by any third-party to the Customer. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

 

Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for Customer. There can be no assurance as to any particular outcome based on the use of Coach’s Course, programs, and/or services.  Customer acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, courses, products or services.

4. PAYMENT AND REFUND POLICY.

    • Upon execution of this Agreement, Customer agrees to pay to the Coach the full purchase amount.
    • Coach does not offer refunds to ensure that Customers are fully committed to the Coaching sessions.
    • If Customer selects a payment plan option, Customer agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Customer, and the payment plan selected by Customer (the “Fee”). 
    • Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Customer.
    • In the event Customer fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Customer until payment is paid in full, including disallowing access to modules, materials, and calls. If Customer has not paid within fourteen (14) days, Coach has the right to terminate agreement.

5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Customer as part of the Coaching, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Customer receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Customer, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately terminate Customer from the Coaching sessions, without refund, if you are caught violating this intellectual property policy.

6. RECORDING AND REDISTRIBUTION OF CALLS. Customer acknowledges that group sessions and/or group calls may be recorded. Customer also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.

7. Company may take photographs, videos, or audio recording during the Program that Company may use for future commercial or non-commercial purposes. Customer agrees and understands that by participating in Coaching sessions, Customer is consenting to being recorded and photographed and to the use of Customer’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.

 

Customer agrees that the Company may use any written statements, images, audio recordings or video recordings of Customer obtained while participating in the Coaching sessions. This includes any content Customer may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Coaching sessions.

 

Customer waives any right to payment, royalties, or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Customer waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Customer, their heirs, representatives, executors, administrators, or any other persons acting on Customer’s behalf or on behalf of the Customer estates have or may have by reason of this authorization.

8. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its Courses, affiliates, subsidiaries, employees, agents or representatives.

9. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

10. DISCLAIMER OF WARRANTIES. The information and education provided to the Customer by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

11. LIMITATION OF LIABILITY. By using TheDavidBianco.com services and purchasing this Coaching session(s), Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Coaching sessions. Customer agrees that their involvement in the Coaching sessions is at user’s own risk.

12. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in CHICAGO, IL or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of ILLINOIS within the United States, regardless of the conflict of laws principles thereof.

14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.