Jackie Murphy Coaching
TERMS OF USE

Revised and Updated as of May 2024

Welcome to the website for www.thebusinessofyogacourse.com and www.theyogabossgroup.com (the “Sites”), owned and operated by Jackie Murphy Coaching LLC hereinafter referred to as “Company”, “we,” “us,” or “our”)! The Site provides The Business Of Yoga Course, and The Business of Yoga Membership] (the “Services”). The following terms and conditions, together with our Privacy Policy https://www.jackiegmurphy.com/privacy and any notices contained or referenced herein or therein, govern your access and use of the Site and any Services available through it. Please read this document in its entirety before you proceed.

1. Acceptance of the Terms of Use

Your access and use of the Site are expressly governed by these Terms of Use. You understand, acknowledge and accept that by using the Site you are bound by these Terms of Use. If you do not agree to these terms, it is your choice not to access or use the Site. We reserve the right to change these Terms of Use from time to time without notice to you. All changes are effective immediately when we post them, and it is your responsibility to review these Terms of Use periodically, so that you are aware of any changes.

2. International Users

The Site is owned and operated in the United States. We welcome users from countries outside of the United States to access the Site and Services. If you reside outside of the US, you are responsible for compliance with local and federal laws (including compliance with Global Data Protection Regulation or “GDPR” if you reside in the European Union or “EU”).

We reserve the right to deny access to the Site for IP addresses from any prohibited countries for any purpose or reason.

3. Use of Website

In consideration for access to the Site and in exchange for the Services, you agree to the following rules:

  1. You must be at least eighteen (18) years of age or older.
  2. You must not use the Site for any illegal activities, including, without limitation, altering the Site without prior authorization; uploading any viruses, malware, spyware, etc. to the Site; or any kind of activity that may cause interference with other users.
  3. You must not abuse the electronic communication options (e.g., live chat or email) on the Site, as these features are only for communication for the purpose of Company’s business. This includes sending or uploading any unauthorized files (e.g., malware, spyware, pirated files, pornography, images and videos that depict a graphic nature, etc.). Our staff is to remain professional at all times and shall not engage in any personal conversations or any dialogue not related to the Services provided on the Site.
  4. When engaging with other users on the Site or via social media, you agree to adhere to the rules regarding cyberbullying. Any attacks based on a person’s race, gender, ethnicity, sexual orientation, religion, or the like will not be tolerated. Violation of this rule may result in being banned from the Site and any of Company’s other websites or social media pages.
  5. Any doxxing of users or staff of the Site is a violation of our privacy rules. Knowingly violating this will result in being banned from the Site and any of Company’s other websites or social media pages.
  6. Do not encourage anyone to break these rules.
  7. Do not steal or plagiarize any files, courses, blog posts, or any intellectual property that is owned by Company.
  8. While commenting on community posts, please note that all comments will be reviewed prior to approval and posting. All comments that include inappropriate language, cyberbullying, threats of violence, sexually suggestive comments, or the like will be automatically rejected. The pre- approval screening is in place to accomplish this and to prevent any kind of spam comments.
  9. While engaging with us or other users on our social media channels, all of these rules shall apply. Failure to follow these rules will result in being banned from commenting or sharing on our social media pages.

  10. Jackie Murphy Coaching LLC Code of Conduct Requirements

    As a member of the Profitable Yoga Boss Group community, the Purposeful Profit community, the Alumni Community, and/or as a One to One Coaching client, you are required to be a good Community member and abide by the following:
    Be respectful and courteous to all other Community members and all coaches, instructors, and employees of Jackie Murphy Coaching LLC.
    Do not use abusive, derogatory, threatening, or discriminatory language, either directly or indirectly.
    Do not discriminate against or harass on the basis of any legally protected classification, including, but not limited to race, gender, age, disability, national origin, religion, sexual orientation, or gender identity.
    Do not retaliate for any reason.
    Do not sexually harass or make improper advances.
    Do not hang up abruptly on others when you are on a live call of any kind.
    Do not use your coaching sessions to complain about coaches, instructors, and employees of Jackie Murphy Coaching LLC or other Community members.
    Do not pitch, promote or market or sell any other products, groups, programs, or events to Program participants. 

    Customer Support requests or issues should be directed to [email protected]

    If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund 

    Coach-Client Relationship

    The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching session.

    a. Your Coaches’ Responsibilities

    Your coaches are trained to use coaching tools to support you throughout the coaching process.
    Your coaches will provide guidance to group participants based on information provided to the coaches.
    Your coaches may answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, private message or live group coaching call.

    b. Your Responsibilities

    You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets and assignments, and attending coaching sessions.
    You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
    You agree that the coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.

    Right to Refuse Service
    We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate your access, remove or edit content, or cancel orders in our sole and absolute discretion.

4. Use of Educational Content

As part of the Services, Company will offer educational courses and programs (plus accompanying material) (collective, the “Courses”) for sale on the Site. When you purchase a Course, you will be granted a non-commercial, non-exclusive, and non-transferable license to use the Course for your personal use, which may include internal business use if you are a business owner. In connection with such grant, you agree not to copy, duplicate, delete, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works from, reverse engineer, sell, rent or license any part of the Course in any way, without our prior written consent. In addition, you agree that you shall not create any products that compete with the Courses based on any information you acquired from the Courses.

5. Payment

We use a third-party payment processor to process payment for orders on the Site, and by making a purchase on the Site, you authorize such payment processor to charge your payment method in connection therewith. You are responsible for the payment of any sales or other governmental taxes or fees due in connection with your order. It is your responsibility to provide a valid method of payment for your purchase on the Site. To complete your purchase, you will be asked for personal information including your name, shipping address, billing address, and credit card information. You agree that the personal information you provide will be complete and accurate. We use Stripe, which is subject to their own Terms of Use and Privacy Policy.

Client understands the cost of The Business of Yoga Membership is $47 per month which payable upfront, in full. The membership payment of $47 will be made monthly on the day of the original purchase with the original payment method unless changed by the client in the Customer Account Management.

Should the client fail to make timely payments, or if additional payments are not able to be processed, client understand their membership will be forfeited within three days.

Jackie Murphy Coaching reserves the right to cancel to cease working with Client should they fail to make monthly payments in accordance with this agreement. Client understand they are not entitled to a refund of The Business Of Yoga Membership.

The Business of Yoga Annual Membership Payment, Automatic Renewal, and Cancellation. 
Client understands the cost of Annual Membership is $959 per year which is payable up front, in full. Client’s initial Membership payment of $959 for the first year is non-refundable once Client purchases the Membership.  Client agrees to render payment via Credit Card. Client understands they are responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full each year to remain an active member.
Client understands that no payment plans will be offered for Annual Membership, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands their membership will be forfeited if payment is not made within five days of the date it is due.
Coach reserves the right to cancel or cease working with Client should they fail to make annual payments in accordance with this agreement. Should this occur, Client understands they are not entitled to a refund of funds already issued to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have

Continued access to any materials made available to Client during Membership up until payments were missed.
Client agrees to be charged automatically. Client understands recurring payments will be charged to the original payment method unless updated by Client, for continual Membership access. Client can update their original payment method here. 

Annual Membership Refund Policy 

Due to the subjective nature of Membership provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Membership, Coach is not able to offer refunds once Client has purchased Annual Membership. If Client wishes to discontinue Membership, they can do so either by emailing Coach or canceling via their Membership portal.  

If Client receives a refund of this purchase, that shall immediately terminate any and all licenses granted to Client to use the material provided to Client under this Agreement. Client shall immediately cease using the material and shall destroy all copies of the information provided to Client, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying participants, and other resources. 

All refunds are discretionary as determined by Coach. 

If, in the Coach’s sole right and discretion, Client persists with behaviors or actions that violate this Agreement, Coach may terminate Client’s access and participation in Membership without notice and without refund. 

Since Coach has a clear and explicit Refund Policy that Client has agreed to prior to completing the purchase of Membership, Coach does not tolerate or accept any type of chargeback threat or actual chargeback from Client’s credit card company or payment processor. If a chargeback is placed on a purchase or Coach receives a chargeback threat during or after the purchase, Coach reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which

could have a negative impact on Client’s credit report score. The information reported will include Client’s name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback. 

The Grow Mastermind Payment and Refund Policy 

AGREEMENT
Nature of Services. Coach agrees to provide Client with the following services (the “Services”):
a. Virtual Group Coaching Sessions for twelve months. 
Coaching sessions will occur via Zoom unless otherwise determined by Coach and Client.
b. Private Voxer Access: Access to a private Slack channel for twelve consecutive months. The coach will provide
coaching via the Voxer channel Monday through Friday, 9:00-5:00pm, with a 48-hour response time.

Compensation. In consideration for the Services, Client agrees to pay Coach Eighteen thousand
($20,000 USD) dollars (“Coach’s Fee”), which is payable upfront, in total, unless Coach has offered a
payment plan or otherwise arranged between Coach and Client. The client agrees to render payment via
PayPal or Stripe (credit card). The client understands he/she is responsible for the full payment and agrees
to pay the sum requested electronically, via Coach’s website or a designated third-party payment
processor of Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, the
Client must complete payment in full before becoming entitled to the Services. If Coach has offered a
payment plan, Client agrees to abide by the rules and payments agreed upon in communication with Coach.


Expenses. Unless otherwise agreed to in writing by Client (including by e-mail), Coach is responsible
and solely liable for all business expenses related to Coach’s performance of the Services.


Late Payments. Should Client fail to make timely payments, or if additional payments are not able to be
processed, Client understands the remainder of the Services may be forfeited if payment is not made
within seven(7) days of the date it is due unless other arrangements have been made with approval of
Coach.


Independent Contractor. It is expressly agreed that Coach is acting as an independent contractor and
not as an employee in providing the Services to Client, and, as such, Coach is responsible for setting their
own work hours, furnishing their own tools and equipment, and conducting their own day-to-day business.
Nothing contained in this Agreement will be deemed to create a partnership, joint venture, or
employer-employee relationship between Client and Coach. Because Coach is an independent contractor,
Coach agrees that (a) Coach is solely responsible for payment of all federal, state, and local income taxes,
Social Security or Medicare taxes, and any other employment-related taxes due to the proper taxing
authorities, (b) Client will not deduct or withhold such taxes from any payments to Coach or make any
federal or state unemployment contributions, (c) Client will not obtain workers’ compensation insurance on
behalf of Coach, and (d) Coach will not receive health insurance coverage or other fringe benefits from
Client.

Client-Coach Relationship.
a. In connection with Coach’s performance of the Services, Client agrees to (a) promptly respond to
Coach’s communications, (b) provide truthful, accurate, and complete information to Coach, (c) give the necessary time and energy to fully commit to Coach’s program, and (d) make timely payments of Coach’s
Fee.

Coach will perform the Services in a professional, diligent, and workmanlike manner. Coach’s methods
and techniques will conform to industry standards and reasonable ethical obligations.
Both parties will refrain from tortious interference with the contracts and business relationships of the
other party.
Coach does not make any representations, warranties, or guarantees as to the specific results that
Client will experience from the Services. Client shall be responsible for their own results and for how to
implement Coach’s program into Client’s life.
Client understands and agrees that Coach is not providing, and that the Services should not be used
as a substitute for, the professional services of an attorney, accountant, financial planner, nutritionist,
medical professional, mental health professional, or any other kind of licensed or certified professional.


Testimonials.
Coach may request Client provide a testimonial to be published on Coach’s website, or on various
sales materials for this or another program created by Coach. Client understands that he or she is not
required to give any testimony, and understands that the choice to do so is freely up to Client. There will be
no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
If Client accepts and provides Coach with a testimonial, Client understands the material, along with a
photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a
testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming
Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for
Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in
perpetuity to use, publish, distribute, or repurpose any


Client Default. In the event (i) Client fails to make a payment within seven (7) days after receipt of a
notice from Coach that payment is late, or (ii) Client fails to respond to a communication from Coach for
fourteen (14) consecutive days or more, or (iii) Client is in breach of a non-monetary provision of this
Agreement after receipt of notice thereof and thirty (30) days to cure, Coach shall have the right to cease
performance of the Services and terminate this Agreement. In such event, Coach shall be entitled to retain
all monies paid hereunder and collect any unpaid portion of Coach’s Fee as liquidated damages. The
parties acknowledge and agree that Coach’s damages in the event of Client’s breach of this Agreement
would be difficult or impossible to measure and that the aforesaid liquidated damages are a reasonable
estimate of Coach’s damages and are not intended as a forfeiture or penalty.

Termination. Either party, without cause, may terminate this Agreement by delivering seven (7) days
prior written notice to the other party. In the event either party terminates this Agreement, Client agrees to
pay Coach all amounts owed for Services Coach has performed as of the effective date of the termination,
or Client shall be entitled to a refund of any portion of Coach’s Fee paid towards Services that have not yet
been performed.

 

6. Your Rights

Company is aware of your usage rights. We are aware that you have a right to feel safe while using the Services on the Site. We also acknowledge that you also have a right to privacy. Please be aware that all communication with us by way of email, phone, or live chat will not be displayed publicly on the Site. However, any communication by way of our blog (including blog comments) or social media channels will be displayed to the public. We own any or all communication that we have with you as allowed by your country. We will not pay royalties for any blog comments or engagement on social media. Please refer to our Privacy Policy (linked above) for any information regarding where we store any communication made by you on the Site.

7. Our Rights and Responsibilities

As owners of the Site, we are not responsible for the following:

  1. Any costs pertaining to your mobile data when you access the Site on your phone or mobile device.

  2. External links that appear on the Site that are linked to other companies or websites.

  3. Anything that may happen on the Site should you share any pictures or videos on the Site.

  4. Any of your content that is stolen or plagiarized on the Site by someone else.

As owners of the Site, we do have the right to take down the Site at any time or prevent you from using the Site in the future without informing you beforehand. We also reserve the right to delete any content that you may have posted (including blog comments, social media comments, etc.) whether they violate these Terms of Use or not.

8. Intellectual Property

The Site and its entire content and functionality (including, but not limited to, its source code, design, software, displays, text, downloads, images, logos, marks, videos, audio and arrangement thereof) (collectively, the “Site IP”) are property of Company, and its licensors or other providers of such material, and are protected under United States and international copyright, trademark, and other intellectual property and unfair competition laws.

Company grants you a limited, non-transferable license to use the Site for your personal, non-commercial use only. In connection with such grant, you agree not to copy, duplicate, delete, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works from, reverse engineer, sell, rent or license any part of the Site IP in any way, without our prior written consent. In using the Site, you agree to abide by all copyright, trademark, and other intellectual property laws, and you shall be solely responsible for any violations thereof.

9. Advertising, Affiliates, and Testimonials

Company and the Site may use various advertising methods to earn money and promote the Services at any given time.

Please note that if you visit the Site, be aware that we may gather data that may lead to you seeing retargeted ads on social media platforms (e.g., Facebook, Twitter, Instagram, etc.) or banner ads online on

other websites. You may choose to opt-out of viewing these ads depending on the platform you are viewing them on.

In addition, our blog posts and email newsletters (if you are a subscriber of the Site’s mailing list) may contain affiliate links. Affiliate links will be disclosed in posts and emails where applicable.

An affiliate link is defined as a link to a third-party website (e.g., Amazon) where products and services are sold. We receive a percentage of sales of the product or service should you decide to purchase it using our affiliate link. By clicking through our affiliate links, you are liable for any consequences or benefits thereof.

You may choose to provide a testimonial for the Site or any of the Services. This is completely optional. However, should you voluntarily provide one, we have the ability to place it (or not place it) on our website and social media channels at our discretion.

10. Termination

We reserve the right to terminate or restrict your use of and access to the Site (including deletion of any blog comments or uploaded content) at any time and at our sole discretion without notice.

11. Refunds

Due to the digital nature of the Courses, all purchases are final sale and cannot be refunded.

12. Disclaimer of Warranties

THE SITE, ITS CONTENT, THE SERVICES, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO THE COURSE AND ITS MATERIALS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER COMPANY NOR ANY ASSOCIATED PERSON OR AFFILIATE OF COMPANY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE FOLLOWING:

  1. THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE;

  2. THAT THE SITE (INCLUDING BUT NOT LIMITED TO THE COURSE AND ITS MATERIALS) IS ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED;

  3. THAT DEFECTS ON THE SITE WILL BE CORRECTED;

  4. THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

  5. THAT THE SITE, THE SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL HELP YOU ACHIEVE CERTAIN RESULTS; OR

  6. THAT THE SITE, THE SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS, WITHOUT LIMIT, FOR THE SITE AND THE SERVICES, ALL WARRANTIES OF ANY

KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Client understands that they must actively participate in The Business Of Yoga Course and The Business of Yoga Membership in order to see results.

13. Limitation of Liability

Company shall not be liable for any claims, demands, actions, suits, obligations, losses, damages, liabilities, expenses or costs, arising out of or relating to the Site, the Services, or the Course, or your use of the foregoing.

In no event shall Company or its officers, employees, managers, directors, partners, members, agents, contractors, shareholders, affiliates, licensors, successors, or assigns have any liability to you for any direct, indirect, special, incidental, multiple, exemplary, punitive, or consequential damages, or for lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, either in contract, tort or under any other theory of liability, whether or not the possibility of such damage has been advised to you.

In no event shall Company’s maximum liability hereunder exceed the fees paid by you for the Services, whether in contract, tort or under any other theory of liability.

No personal liability shall accrue hereunder against any individual, member, partner, officer, director, representative, employee, trustee, fiduciary, or principal (disclosed or undisclosed) of Company.

Furthermore, we are not responsible for any of the actions or conduct of our users. This also includes what a user says online in a public forum (e.g., comments on a blog post or on social media). We are also not responsible for any actions or words stated both on or off the Site. We also claim no responsibility should a user decide to upload any inappropriate material or viruses, malware, or spyware.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Company and its officers, employees, managers, directors, partners, members, agents, contractors, shareholders, affiliates, licensors, successors, and assigns from and against any and all costs, claims, losses, damages, liabilities, expenses, fees, demands, and judgments, including court costs and attorney’s fees, which may arise out of your violation of these Terms of Use; your use of the Site, the Services, or the Course; or your use of any information obtained from the Site.

15. Governing Law and Jurisdiction

These Terms of Use and your use of the Site, the Course, and the Services, and all matters arising out of or related to (directly or indirectly) the foregoing (including tort claims), are governed by South Carolina law, without giving effect to its principles of conflicts of law. Subject to the Dispute Resolution provision below, you expressly agree to be subject to the exclusive jurisdiction of the state and federal courts located in Charleston County, South Carolina.

16. Dispute Resolution

You understand and agree that prior to taking any legal action, you will first attempt to resolve any issues with the Site or the Services by contacting us via the channels listed below.

[Optional Arbitration Clause: You understand and agree that at Company’s discretion, we may require that any unresolved dispute or claims first be submitted to confidential and binding arbitration under the Rules of Arbitration of the American Arbitration Association in the State of South Carolina (without giving effect to its principles of conflicts of law), except in cases involving disputes of intellectual property, interferences of services, or unauthorized handling of a service.]

17. Entire Agreement

These Terms of Use, together with our Privacy Policy and Jackie Murphy Terms and Conditions (collectively, the “Company Policies”), contain the entire agreement between you and Company with regard to the Site and the Services. The Company Policies supersede any prior written or oral agreements between you and Company. .

18. Severability

If any provision of these Terms of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms of Use is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

19. Changes and Updates

We reserve the right to make changes and update these Terms of Use as needed. We will notify you of any material changes via email or by posting a notice on the Site. We advise you to review our policies from time to time as your continued use of the Site and/or Services will constitute acknowledgement and acceptance of these policies..

20. Contact Information

While we provide you with these Terms of Use, we will do our best to ensure that you better understand them so you can use our website legally and lawfully. We welcome your questions, comments or concerns regarding these Terms of Use. To convey any of the foregoing to us, you can contact [email protected]