TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Katie Zaccardi DBA Out to Be (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.
CLIENT DISCLOSURE & AGREEMENT
1. The techniques are complementary, and should not be used in replacement of medical or psychiatric advice:
The person you will be working with is not licensed. That means that they are not a Medical Doctor, psychiatrist, psychologist, M.F.C.C., or M.S.W., and you acknowledge that you have never worked with a licensed person on this problem. (If you have, you need to present us a letter of referral from them before we start therapy. If you have been prescribed medication to take by this licensed person, you need to present us a letter of consent from them before we start therapy. This means a short written note stating that that you have informed your health care provider of your decision to engage in in the techniques.) Furthermore, nothing that happens here in our sessions/program should be construed as, nor should you believe that it is a substitute for the advice of a licensed person.
2. What to Expect: Your complementary Practitioner has been trained and certified in Coaching at the Practitioner level and will be doing this technique along with Neuro Linguistic Programming (NLP) and Hypnosis. The therapy will probably be different from what you might have expected. In total, we will not spend a lot of time talking about the problem, just gathering information about it. In fact, most of the session(s) are about other things.
It is very important for us to discover the internal thought process of HOW you create the problem. That means that we are looking for your strategy, or how you structure the problem. Because our focus is on structure, that means that, once we discover it, we can move on and focus on letting the problem go, and/ or working towards the solution.
Because of this, your Coach or Practitioner may cut short your answers or even talk about your problem in ways that you have never considered. Your Coach or Practitioner may even ask you questions that you do not totally understand consciously in order for your Unconscious Mind to make the changes you want at the unconscious level. It is important to do this so that we can reduce the time taken for the process.
If you have been in a therapy session before, expect that this one will be very different, and quite a bit shorter.
3: This is the Process: We begin with you telling us the problem. We will ask you for examples of the problem and other questions to discover HOW you do it in your head. We will also probe to discover the source of the problem-the precipitating event(s). Some time before the end of this part of the session we will ask you what has to happen for you so you will know the problem is gone.
4. After the Session: We will probably assign you some very specific tasks to do. If assigned these tasks are, absolutely, a fundamental part of the process and therapy. They may take up to several days or weeks to complete. The tasks are directly related to the circumstances that created the problem. If you do not, then neither you nor we can predict the outcome of the session(s). Certainly, any guarantees will not be valid if you do not do the tasking.
We also request that you aim to focus on creating solutions in your life.
5. This is Complementary Health Care and Therapy: Your Practitioner is a Complementary Coach or Practitioner, and not a licensed Medical Doctor, Psychologist, Psychiatrist, Master's in Family and Child Counseling (MFCC), or a Master's in Social Work (MSW). The services you receive are not licensed in this state, nor are they regulated by a governmental body. The self-regulated holistic treatments and client-centered disciplines in which your practitioner is trained and in which they have experience include, consulting and coaching, Coaching, Neuro Linguistic Programming (NLP) and Hypnosis. We will always provide only those services in which we have been trained, and if we find that we cannot help you, we will refer you to a licensed person who can assist you. During your session we will use one or more of the following techniques:
a. Neural Energetic Encoding: The techniques are a process of active imagination where the client may reframe things from their past, present or future in order to create a new way of thinking and approaching opportunities. It is a powerful technique which allows clients to make long-lasting changes in a very rapid way.
b. Neuro Linguistic Programming (NLP): NLP is a model of communication-how we communicate to self and others- and how that communication creates and affects our behavior. As a study, it is a synthesis of cognitive and behavioral philosophies which focus on the information coming in through the neurology (cognitive) and the programs we run inside our heads to produce the behaviors (behavioral) we do.
c. Hypnosis: This is the use of trance to make changes at the unconscious level. Hypnosis has been used to produce unconscious change with clients since 1843. Since Hypnosis may be used during your session, for your safety you should make sure that you are totally wide awake before driving or doing any other activity that may require concentration.
6. Confidentiality: We keep all information we receive from you, confidential, and do not disclose it to persons outside our company. All client information is kept strictly confidential and is for our internal use only. (Importantly, we are required in some states to share information about child abuse with state bodies who oversee such matters.)
7. Your Choice, Your Responsibility: While, during the session, we may offer you advice and other ways of looking at your problem and its solutions for your consideration, you hereby agree that whatever we discuss is only our perspective and is not binding upon you, nor is it a prescription. If you want to discuss our suggestions with someone else, you should discuss them with a licensed psychologist, or health care provider. It is your responsibility to confirm whether or not any changes made produced the desired results. It is your responsibility to communicate your results your coach. The coach's liability is limited to the amount paid for the session.
Out to Be. (herein referred to as “Out to Be.” or “Company”) agrees to provide a 1 hour 1:1 MINDSET zoom call, A 90 minute 1:1 STRATEGY zoom call, and 3 weeks of (weekday 10am-5pm central time) Voxer support. identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
ASSUMPTION OF THE RISK
You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program.
The cost of the program is a one time fee of $499.
METHODS OF PAYMENT
You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve 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 your credit report score. The information reported will include your 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.
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the live nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email our team at [email protected].
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement.
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Program and its content, including, but not limited to, The Audience Builder Bundle and everything contained in the spreadsheet & training are intellectual property owned by Out to Be. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
NO CLAIMS MADE REGARDING RESULTS
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
The Parties agree and accept that the only venue for resolving such 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 Client nor any of Client’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 Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on Out to Be’s website and purchasers shall be notified.
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Yonkers, NY.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme” or a “get healthy scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the Program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
OUR MINIMUM GUARANTEES
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected]
© Out to Be.
Last Updated: July 10th, 2023