www.jennaoverbaughlpc.com and Jenna Overbaugh LLC Group Agreement
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This Group Program Agreement (hereinafter referred to as the “Agreement”) dated 01/24/2023 (hereinafter referred to as the “Effective Date”), made by and between Jenna Overbaugh, LLC (hereinafter known as the “Company”) and YOU (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”.
WHEREAS, the Company provides educational information; and
WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:
DESCRIPTION OF SERVICES
The Company agrees to provide educational information and community support for the The Foundation, The Transformation, The Endgame, and The OCD and Anxiety Recovery Blueprint (hereinafter referred to as the “Programs”). The Programs includes:
The Client can ask questions or receive email support by contacting Jenna at help@jennaoverbaughlpc.com.
DISCLAIMER
The Client understands that the Company is a licensed therapist but is not acting as YOUR licensed therapist.
The Company is not your therapist or licensed medical professional and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, regimen, or treatment with their physician before implementing changes or habits suggested by the Company. The Client confirms that s/he has or will discuss any and all changes to their regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle. The Client understands that the Company is not their nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.
Further, the Company has not promised, nor shall they be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in their life.
Jenna is not your therapist. She does not provide you with individualized recommendations or advice. The information provided is intended as educational information only. Jenna cannot tell you what you should do, what you shouldn’t do, or give recommendations based on your unique situations or circumstances. Nothing on this page or within the community or its associated websites or pages should be construed as therapeutic recommendation or personalized advice. If you are in need of such services, please consult with a physician or other medical provider right away to determine the best course of action for you. We are not responsible for your use of this page, the associated community, its website, or the contents within. CLIENT AGREES TO NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU READ OR ACCESSED THROUGH THIS WEBSITE OR RECEIVED THROUGH DURING OR THROUGHOUT THIS PROGRAM. For more information, please read the Terms and Conditions, Privacy Policy, and Disclaimer. Your continued use of this platform, this page, the associated community, the associated group program, and the contents within constitutes as your agreement with this agreement.
Note that this group is not intended nor suitable for those who have wanted homicidal or suicidal thoughts, ideation, plans, or intent. This group does not provide crisis intervention through this group. If you are experiencing a crisis and need appropriate intervention, call 988, 911, or your local emergency room. Jenna Overbaugh and Jenna Overbaugh, LLC are not responsible for your use of this group. By participating in this group, you acknowledge that you have read and agree to the above terms and conditions.
By participating in this group with your name and avatar, you are relinquishing your privacy and confidentiality. Circle currently does not have an option for people to post anonymously. HOWEVER, IN THE MEANWHILE, if you would like to post anonymously, your options are as follows: 1) Change your name and avatar. You do not have to use your actual name and photo. If you'd like to remain completely anonymous, we encourage you to use a completely different name altogether. Or, 2) You can use our Jenna Overbaugh Masterclass Facebook community for support in the meanwhile. Facebook does allow you the option of posting anonymously. Head to https://www.facebook.com/groups/jennaoverbaughpage to request access.
EXPECTATIONS
The Company requests the Client to:
Maintain confidentiality and privacy of others within the group
Not share this group with others who have not paid for one of the Courses
CONFIDENTIALITY
The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
NON-DISCLOSURE OF COMPANY MATERIALS
Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.
Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
INDEMNIFICATION
Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.
ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Wisconsin. The arbitration hearing shall be held in the state of Wisconsin. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Company.
APPLICABLE LAW + VENUE
This Agreement shall be governed by the laws of the state of Wisconsin. Any action brought by any party arising out of or from these Terms shall be brought within the state of Wisconsin, County of Waukesha.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS
The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.
COUNTERPARTS
The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
SEVERABILITY
The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
WAIVER
The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.
NO ASSIGNMENT
The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
NO GUARANTEES, WARRANTIES OR REPRESENTATIONS
The Client understands and agrees that the Client is 100% entirely responsible for their progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success.
The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement.
BY JOINING AND PARTICIPATING THIS GROUP, YOU HEREBY CERTIFY THAT YOU, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.
CONTACT
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Website: www.jennaoverbaughlpc.com
Email: Jenna at help@jennaoverbaughlpc.com
Business Address: Jenna Overbaugh, LLC
PO Box 518 Oconomowoc, WI 53066
Updated on 01/24/2023