COMMUNITY MEMBERSHIP TERMS & CONDITIONS
I am engaging Tipping Point™ Recovery, Inc. with this 12-month membership experience (the "Program") that’s designed for family members who are seeking a path to recovery from family addiction with community, education and support that will allow myself and my loved one the best chance for success. Tipping Point™ Recovery, Inc. will provide high-level, small and whole group coaching to me and other family members over a 12-month period.
I understand that by enrolling in the Program, I'm making a commitment to myself and to the future of my family. I am willing to take risks, to play “full-out,” to lean in to my discomfort with change and to ask for what I need so that I can create the family recovery foundation I desire.
1. NOT THERAPY
I understand that what Tipping Point™ Recovery, Inc. is offering me is a coaching program and that coaching is not, nor does it replace therapy, counseling, or psychoanalysts.
I agree to communicate responsibly and hold confidential communications that I have with individuals in the Program. I agree to take full responsibility for my results in the Program. If I have feedback about the Program, I agree to email firstname.lastname@example.org directly because I understand they’re fully invested in my success.
3. COMMITMENT TO YOU
I understand that in addition to the group coaching and education, I will receive access to the library of Intensive Training and Integration Group Calls along with the availability of private 1:1 coaching sessions if I choose to purchase additional support. An initial schedule with dates will be provided in the first month of the Program, and is subject to change. Also, I understand that Tipping Point™ Recovery, Inc. office is always closed the third week of December through the first week of January and that no regular training or coaching calls will be scheduled during those weeks. I understand that I am encouraged to meet with my fellow members during that time, and I understand that Tipping Point™ Recovery, Inc. suggests that I schedule myself regular time off as well.
I understand Tipping Point™ Recovery, Inc. provides Private Coaching sessions with trained coaches and Interventionists as well as custom Family Systems Interventions. I understand these sessions and services are at an additional cost and are booked on a first come, first serve basis and 24 hours of notice is required if I need to cancel or reschedule. If I cancel with less than 24 hours’ notice, it will be considered as if the appointment was used.
5. GROUP PROGRAM COMPONENTS YOU WILL RECEIVE
Program is delivered over the course of 12 months. See page describing program components.
I understand Kate and her team are committed to providing exceptional value at all retreats if and when they occur. I understand participants are required to stay on site at live events in order to receive the most transformation and community connection from the experience unless there are extenuating circumstances communicated to email@example.com at least 60 days prior to the event date. I understand I am responsible for the cost of lodging and food at the retreats. I understand that I may be required to execute additional waivers in order to participate in live events.
The cost of the 12-Month Community Membership is broken up into 12 monthly payments. If I pay in monthly installments, I hereby agree to sign the Credit Card and Payment Plan Addendums to remit the monthly payments via pre-authorized automatic electronic debit from my bank account or credit card and continuing until payment is made in full. Payments are not refundable for any reason. I understand this is not a month-to-month membership Program and I agree to be responsible for the payment in full.
8. RESPONSIBILITY & RELEASE OF LIABILITY
I take full personal responsibility for my choices and behaviors during, and as a result of working with Tipping Point™ Recovery, Inc. On behalf of myself and my heirs, family members, executors, agents, and assigns, I forever release Tipping Point™ Recovery, Inc. and all current and former officers, directors, employees, agents, investors, attorneys, shareholders , administrators, affiliates, and insurers, as well as predecessor and successor corporations and assigns (collectively, the “Releasees”) from, and agree not to sue Tipping Point™ Recovery, Inc. and all involved concerning, or in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, demand, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that I may possess against any of the Releasees arising from any omissions, acts, facts, or damages that may occur as a result of my participation in or otherwise under this Agreement, and in particular without limitation from any physical, or psychological impact that results from my participation in this coaching Program, as well as any claim for failure of Tipping Point™ Recovery, Inc. to produce the results I seek.
While Tipping Point™ Recovery, Inc. is absolutely convinced that their clients will derive great benefits and success from their participation in their Programs, Tipping Point™ Recovery, Inc. cannot represent or guarantee a certain level of success as a result of their participation. As with any venture, each person’s success depends on many factors, including personal motivation, time commitment, how efficiently strategies are implemented, and efficiency in following up on each phase.
9. LATE PAYMENTS
I understand that should I fail to remit any of the required payments on time, I will receive an email or other written notice from the office of Tipping Point™ Recovery, Inc. If, after 30 days, I still have not made the late payment, Tipping Point™ Recovery, Inc. may terminate further services until l am caught up with payments. I will be responsible for the remaining balance owed to Tipping Point™ Recovery, Inc. for the training and coaching Program offered by Tipping Point™ Recovery, Inc. regardless of any termination of services attributable to late payments or other cause. I understand that if any of my payments is more than 2 months late, a late fee will be charged at the rate of 5% per annum on the overdue amount for the entire period from the initial due date to the payment date.
I acknowledge and understand that the methods, processes, and strategies taught, and the training and coaching materials embodying them, constitute Tipping Point™ Recovery, Inc. Proprietary System, which is confidential, and for which Kate Duffy claims copyright and trade secret protection.
I acknowledge and understand that the Program education and information (except for individual coaching) is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like ("Program Materials") that have been or will be made available by Tipping Point™ Recovery, Inc. in connection with the Program, whether oral or written, are for my personal use only in, or in conjunction with the Program.
The Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged, without the express written consent of Tipping Point™ Recovery, Inc. or its designated agent. The information contained in the Program material is strictly for educational purposes. Therefore, if I wish to apply ideas contained in this material, I am taking full responsibility for my actions. Tipping Point™ Recovery, Inc. assumes no responsibility for errors or omissions that may appear in any Program Materials. I will not share access to the Program Materials with any third parties, nor will my user name and password be shared with any third parties. I understand and agree that any violation of Tipping Point™ Recovery, Inc. policies regarding content shall result in the immediate termination of my enrollment without refund.
My use of, and access to the Program Materials is on a licensed basis. In that regard, Tipping Point™ Recovery, Inc. hereby grants to me, and I hereby accept, the non-exclusive right, license, and privilege to use (but not sublicense) the Program Materials.
I agree to:
- constantly use best efforts in my use of the Program Materials, to protect the good name and goodwill associated with the Program Materials and Tipping Point™ Recovery, Inc.;
- not to attack the title of Tipping Point™ Recovery, Inc. in and to the Program Materials nor attack the validity of the license granted hereunder;
- not harm, misuse, or bring into disrepute the Program Materials and Tipping Point™ Recovery, Inc., but to the contrary will maintain the value and reputation thereof to the best of my ability;
- at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Program Materials, and shall maintain appropriate customary high-quality standards. I shall also abide by Tipping Point™ Recovery, Inc. suggestions and specifications regarding quality control over the use of the Program Materials.
I understand and agree that the license granted herein does not grant me any right, title, or interest, at law or in equity, in or to any of Tipping Point™ Recovery, Inc. trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or the name, likeness, or image of Kate Duffy, or trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Materials designated herein. I shall not represent to others, or conduct myself in any manner that might indicate to others, that I possess any other legal or equitable rights in the Program Material, trademarks, copyrighted materials, trade secrets, or other rights or intellectual property of any kind belonging to Tipping Point™ Recovery, Inc. other than by virtue of the license granted hereunder.
Tipping Point™ Recovery, Inc. shall have the right to approve all uses of the Program Material or derivative uses thereof. Tipping Point™ Recovery, Inc. shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Materials (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
13. TERMINATION & COMMITMENT
I understand Tipping Point™ Recovery, Inc. may terminate services if: (1) I do not make any required payment after notice as provided above; or (2) In Tipping Point™ Recovery, Inc. opinion, I am conducting myself or my business in a manner which is disparaging or disruptive to Tipping Point™ Recovery, Inc. or the Program or asserts any ownership right in Tipping Point™ Recovery, Inc. Proprietary System; or (3) if I violate the confidentiality covenant stated above or breach any other provision of this Agreement. I hereby commit to investing in myself and the Program. I agree to the payment amount & terms selected above. I understand that l have up to 31 days after the Program start date to defer one time and after those 31 days from the Program start date, I will be responsible for the entire financial commitment. I understand that a space is reserved for me and preparations are made for my attendance in the entire 6-month membership immediately upon registration and I agree to be fully IN. I will email firstname.lastname@example.org when making any requests for changes to the Program, and understand changes to the Program require a phone call with a team member at Tipping Point™ Recovery, Inc. and written confirmation before they take effect.
Tipping Point™ Recovery, Inc. and the Program are not intended to provide legal, tax, financial, or accounting advice. Under no circumstances, including, but not limited to, negligence, shall Tipping Point™ Recovery, Inc., their subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from my use of, or the inability to use, their site or Program Materials, including messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by Tipping Point™ Recovery, Inc. in any way, even if Tipping Point™ Recovery, Inc. has advised beforehand of the possibility of such damages, (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to me. In such states, Tipping Point™ Recovery, Inc.'s liability and the liability of their subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law). I specifically acknowledge and agree that Tipping Point™ Recovery, Inc. is not liable for any defamatory, offensive, or illegal conduct of any user. If I am dissatisfied with the site, any materials, products, or services on the site, or with any of the site's terms and conditions, my sole and exclusive remedy is to discontinue using the site and the products, services, and/or materials.
The Program and Tipping Point™ Recovery, Inc.'s site are continually under development and Tipping Point™ Recovery, Inc. makes no warranty of any kind, implied or expressed, as to its accuracy, completeness or appropriateness for any purpose. The information provided in this product is sold and provided on an “as is" basis. Tipping Point™ Recovery, Inc. does not promise or guarantee any particular result from my use of the information contained herein. Those results are my responsibility as the end user of the Program. In particular, Tipping Point™ Recovery, Inc. shall not be liable to me or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the Program. These limitations may be affected by the laws of particular states.
The Program, Program Materials, and site are for educational purposes only, and the materials and information family addiction recovery, neither Tipping Point™ Recovery, Inc. nor its owners, officers, directors, employees, affiliates, collaborators, licensors, service providers, content providers, and agents are psychological or medical advisors or advisory service, and nothing contained in the Program, Program Materials or site is intended to be or to be construed as medical advice or psychological, legal, therapeutic, or related advice. The information contained in the Program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. But with research changing, the completeness and current accuracy of the Program, Program Materials, or site cannot be guaranteed.
Program Materials and site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual (except for individual coaching). I, as an end user of this information should therefore use the contents of this Program and the materials as a general guideline and not as the ultimate source of current information, and when appropriate, I understand that I should consult my own legal, psychological, medical, or other advisors. Any case studies, examples, illustrations, or testimonials cannot guarantee that I will achieve similar results. In fact. my results may vary significantly, and factors such as my personal effort and many other circumstances may and will cause results to vary.
My use of the information contained herein is at my own risk and is my responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content contained in the Program, Program Materials, or site. I will seek the advice of professionals as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
15. DISPUTE RESOLUTION
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in MA to be resolved in accordance with the laws of the State of Massachusetts. I may only resolve disputes with Tipping Point™ Recovery, Inc. on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
This Agreement sets forth the final, complete and exclusive understanding between Tipping Point™ Recovery, Inc. and myself on the subject matter hereof, and supersedes all prior and contemporaneous understandings and agreements relating to its subject matter. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing and signed by both Tipping Point™ Recovery, Inc. and myself. Should any provision of this Agreement be held by a competent court or another tribunal to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected.
17. FORCE MAJEUR
Tipping Point™ Recovery, Inc. shall not be liable for any costs or damages due to delay or nonperformance of this Agreement due to a Force Majeure, including acts of God, acts of people, government-imposed restrictions and safety measures, quarantines, travel suspensions, and any other event beyond Tipping Point™ Recovery, Inc.’s control, whether foreseen or unforeseen.
I understand that this Agreement shall be binding upon my heirs, executors, administrators, and other legal representatives and shall be for the benefit of you and your successors and assigns. No waiver by Tipping Point™ Recovery, Inc. of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by Tipping Point™ Recovery, Inc. of any right under this Agreement shall be construed as a waiver of any other right. You shall not be required to give notice to enforce strict adherence to all terms of this Agreement.
Any notices required by this Agreement shall be provided in writing and be deemed given upon personal delivery to the address provided below or, if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing. 21 Pine St. North Falmouth, MA 02556.