The terms and conditions below apply to all registrations for our online workshops and coaching sessions.
You (as Registrant) must be 18 years of age or older to participate in an online group or private workshop/coaching session (a “Workshop”) hosted by Jessica Yu and/or Brightside.co (together, “we”, “us” and “our”).
2. Payment / Registration
The fee for the Workshop (the “Fee”) must be paid in full at the time of registration. Registration is not complete until we have received such full payment of the Fee. Payment is accepted by PayPal.
You agree to provide accurate and complete registration information. Submission of your registration or payment of the Fee constitutes your acceptance of these Terms and Conditions.
3. Cancellations and Refunds
There are no refunds or cancellations allowed after the Fee has been paid. If a Workshop is cancelled or postponed, credit will be given for the rescheduled Workshop. Our liability when it comes to any cancellation of a Workshop will be limited to a refund of the Fee or any other charges paid for the cancelled Workshop. All dates are subject to change, however notice of such change will be given and refunds will not be issued for any rescheduled Workshop.
4. Workshop Content
Any description of a particular Workshop is intended to indicate only the general nature of the workshop and does not guarantee content. We reserve the right to amend any Workshop and alter details at our discretion.
5. Participant Conduct
As a participant in one of Workshops, you will be respectful towards other participants and the presenter. You will also maintain in confidence anything said during a Workshop and respect the privacy of your fellow participants. You will not allow anyone other than yourself to access a Workshop, and you will not make any recordings of any Workshop.
We make no claim that the Workshop or Materials are appropriate for any particular purpose or audience. We reserve the right to remove you from any Workshop if you do not respect the guidelines in these Terms and Conditions or any presenter or coach.
6. IP Rights
We grant you a limited license to access and use the content distributed in connection with, or presented during, any Workshop and any content located on our website (collectively, the “Materials”). As a condition of such license, you agree that:
- All Materials – including but not limited to text, photographs, video, audio, images and any other content are protected by copyrights and/or other proprietary rights belonging to us. You agree to abide by all applicable laws regarding copyrights, trademarks, publicity rights and privacy rights in the US and any other jurisdiction from which you are accessing our Workshop.
- You may not copy, reproduce, duplicate, distribute, disseminate, publish, post, display, perform, modify, create derivative works from, upload to, transmit, or in any way exploit any content from the Materials. You may not sell or offer for sale any of the Materials, or allow third parties to access it, or use the Materials to construct any kind of database. You may use the Materials only for personal, non-commercial use.
- Workshops may be recorded by us and any such recordings will become our sole property. By participating in a Workshop, you agree to be recorded and transfer all rights to the recording to us. In addition to any audio/video recordings, we may also use any feedback or comments you provide during a Workshop.
7. Nature of Workshop Coaching
Coaching is a partnership between the coach and the client to help the client maximize their personal and/or professional potential. Coaching is not a legal business partnership.
A. You are solely responsible for your own physical, mental and emotional well-being, and the decisions, choices, actions and results arising out of or resulting from your interactions with us. As such, you agree that we are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by us. You understand that coaching is not therapy and does not substitute for therapy, and does not prevent, cure, or treat any mental disorder or medical disease.
B. You acknowledge that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility.
C. You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed.
D. You understand that in order to enhance the coaching relationship, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
8. Ongoing Support
We will not provide any support or coaching outside of the Workshop you register for. Participants in any Workshop are not entitled to any further coaching, follow-up sessions or check-ins.
9. Technology Requirements
The Workshop may be facilitated through online videoconferencing systems. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to Wi-Fi, to be able to participate in the Workshop.
We will not be responsible for any errors or failures in relation to your ability to access the Workshop or any Materials, including where such errors or failures are caused by: (i) a loss of connection on our or your end; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.
10. Disclaimer of Warranties
WE PROVIDE WORKSHOPS AND MATERIALS AS IS WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE.
11. Exclusion of Incidental, Consequential and Certain Other Damages
IN NO CASE SHALL WE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF CONFIDENTIAL INFORMATION OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY MATERIALS, PARTICIPATION IN ANY WORKSHOP OR USE OF ANY OTHER SERVICES AND/OR PRODUCTS PROCURED FROM US, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR MATERIALS OR WORKSHOP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY WORKSHOP; PROVIDED, THAT ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN A WORKSHOP MUST BE BROUGHT WITHIN ONE (1) YEAR SINCE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE MATERIALS AND PARTICIPATION IN ANY WORKSHOP IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A LAWSUIT OR CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE MATERIALS OR ANY WORKSHOP.
YOU ACKNOWLEDGE THAT THE MATERIALS ARE FOR GENERAL EDUCATIONAL PURPOSES AND ARE NOT INTENDED TO PROVIDE YOU WITH LEGAL ADVICE, COUNSEL OR ANY OTHER PROFESSIONAL ADVICE. WE MAKE NO WARRANTY REGARDING THE ACCURACY OF THE MATERIALS AND ASSUMES NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR ANY INFORMATION CONTAINED THEREIN.
Your agreement with us and any dispute arising from it (including non-contractual disputes) shall be governed by and enforced pursuant to the laws of the State of Texas, without regard to conflicts of law. Any dispute, controversy or claim arising out of, relating to, or in connection with these Terms and Conditions or the breach, termination, interpretation or validity thereof (the “Dispute”) shall be submitted for mediation administered in accordance with the American Arbitration Association’s International Center for Dispute Resolution or its successor (“ICDR”), in accordance with its Mediation Rules. If the Dispute, or any portion of the Dispute, is not settled within 60 days from the date when mediation is initiated, then, except in the circumstances specified below, the Dispute shall be submitted for binding arbitration administered by ICDR in accordance with its International Arbitration Rules. The arbitration shall be final and binding on all parties involved. Judgment upon the award may be entered by, and enforcement of the award may be sought in any court having jurisdiction over the relevant party or its assets. The arbitration and any proceedings conducted hereunder shall be governed by applicable Texas law and Title 9 (Arbitration) of the United States Code. The place of any mediation or arbitration shall be Austin, Texas, and the language of any mediation or arbitration shall be English. WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY.
Entire Agreement: These Terms and Conditions constitutes the sole agreement between you and us relating to your use of the Materials and participation in the Workshop, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either you or us.
Severability: In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
No Assignment: You may not assign, transfer or delegate your rights or obligations within these Terms and Conditions in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms and Conditions and any rights and duties hereunder or thereunder. These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.
No Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms and Conditions, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.