SHWA TERMS & AGREEMENT

Effective date:01/01/2024

 

Say Hola Wealth Coaching Program Agreement

 

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Say Hola Wealth LLC digital or downloadable resources, online courses, online portals, one-on-one or group coaching sessions, classes, programs, workshops, or trainings, or enter any online private forums operated by Say Hola Wealth LLC (for any purpose), whether on a website hosted by Say Hola Wealth LLC or a third-party website such as an online course platform, online community platform, or facebook.com (collectively “the Program”).

If you do not agree with these TOU, you may not use the Program.

 

You understand that by registering for and participating in The Say Hola Wealth Academy program (the “Program”), you voluntarily agreed and continue to agree to abide by this Coaching Program Agreement (this “Agreement”) with Viva La Budget & Finance, LLC; dba Say Hola Wealth a Washington limited liability (“Coach”).

You hereby irrevocably and unconditionally agree for yourself, your personal representatives, your heirs, next-of-kin, insurers, successors, and assigns as follows:

PROGRAM DETAILS & SCOPE OF SERVICES: 

As part of the Say Hola Wealth Academy, you will receive: 

• 1st Thursday of the month, Money Mindset & Money Energy!
• 2nd Thursday of the month, Financial Literacy.
• 3rd Thursday of the month, Million Dollar Systems, Co-working so you can work on your "Wealth Tracker" and ask questions.
• 4th Thursday of the Month, Wealth Dates to help you monetize your gifts and Increase Your Cashflow. 
• Trauma-informed coaching calls to help you overcome the mindset blockers that keep you stuck and help you feel abundant.
• Culturally Relevant Curriculum  & Trainings.
• Community Communication Hub.
• Access to past Masterclasses valued $2,500.
• 12 month access to RightCapital platform to track your saving and wealth building goals.
• 12-month access to the community coaching portal.
• One 1:1 coaching call with Luzy.

 

If you wish to participate in another session of the Program in the future or purchase any other products, programs, or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

 

This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).

OFFICE HOURS & COMMUNICATION. Coach will use the community portal as the primary form of communication with you. Coach endeavors to respond to you within 48 hours. During Office Hours: M-Th 8:00 AM to 5:00 PM PST.

For billing questions, you may email [email protected], and for client questions, email [email protected]

INTELLECTUAL PROPERTY. To protect SHW’s intellectual property, you agree not to disclose, reproduce or distribute this Program’s written materials, techniques, or methods to any third party without SHW's prior written consent. You understand that Viva la Budget & Finance’s dba, Say Hola Wealth written, and recorded materials are protected by United States intellectual property laws, and you agree not to copy, reproduce or distribute any such materials for any reason without Viva la Budget & Finance’s dba, Say Hola Wealth prior written consent.

 

LIMITED LICENSE. Subject to and in accordance with this Agreement and other guidelines or instructions Viva la Budget & Finance includes in the Program, Viva la Budget & Finance grants a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Program. More specifically, unless explicitly authorized in this Agreement or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, resell, share, trade or distribute in any manner or medium (including by email or other electronic means) any material from the Program(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Program for your individual use, provided that you keep intact all copyright and other proprietary notices. Viva la Budget & Finance reserves the right to terminate your access to the Program at any time if Viva la Budget & Finance finds that you have violated this Agreement.

You understand that the terms of this Agreement shall survive the termination or completion of the Program.

 

FORCE MAJEURE. Viva la Budget & Finance Dba, Say Hola Wealth shall not be liable or responsible for, nor be deemed to have defaulted under or breached this Agreement, for any failure, interruption, adaptation in format or schedule, or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure, interruption, adaptation in format or schedule, or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic, (f) action by any governmental authority, including pandemic related closures; (g) national or regional emergency; (h) travel restrictions, (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of Viva la Budget & Finance or contributors. Viva la Budget & Finance dba, Say Hola Wealth shall give notice as soon as reasonably possible to all of the Program community members of the occurrence of a Force Majeure Event. Viva la Budget & Finance shall resume or reschedule the performance of its obligations as soon as reasonably practicable after the removal of the cause.

PUBLICITY WAIVER. You acknowledge that as part of the Program, you may be asked to provide a headshot, biography, or testimonial, be photographed, filmed, or otherwise recorded during the Program, which will exclude any of your Confidential Information for Say Hola Wealth advertising, promotion, and any other commercial and business purposes Viva la Budget & Finance dba, Say Hola Wealth may deem fit (the “Content”). You grant your irrevocable consent to SHW the right use, publish in whole or in part the Content, which may include the publicly display your name, biography and likeness, without compensation, in any other manner or media now known or hereinafter invented, throughout the world, without restriction as to alterations or modifications, for any purpose described above. You understand that Viva la Budget & Finance will be the sole owner of the Content, and you waive any and all rights of publicity, privacy, or other rights therein. You further waive any and all rights to bring an action at law or equity related to the Content against Viva la Budget & Finance, its affiliates, owners, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, and release them from any and all liability whatsoever related to the Content.

Assumption of Risk. You assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to me by Viva la Budget & Finance, dba, Say Hola Wealth any contributors, and any of the other Program participants. You take full responsibility for your business’ health, your personal health and well-being, your actions and decisions, during the Program and as a result of the Program. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Educational and Entertainment Purposes Only. Viva la Budget & Finance dba, Say Hola Wealth, and our speakers/contributors are not medical, legal, financial or other professionals, or if we are, during the term of this Program and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Program. This Program is for educational and entertainment purposes only. None of the Program or its related material(s) should be construed as medical, legal, financial advice and neither Viva la Budget & Finance nor any of its speakers/contributors do not have a fiduciary obligation to you.

Referrals. Say Hola Wealth may, during the course of the Program, recommend certain products, though there is no obligation or requirement to utilize or purchase any such recommended products. If you choose to purchase or utilize certain recommended products, Viva la Budget & Finance DBA, Say Hola Wealth may receive compensation in the form of points or monetary remuneration.

No Guaranteed Outcomes. There is absolutely no guarantee of results as a result of listening to, participating, and completing this Program. You understand that outcomes of the Program can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the Program process. Say Hola Wealth LLC cannot and does not guarantee that you will achieve any particular result or earnings from participating in our programs, and you understand that results and earnings differ for each individual.

WAIVER AND RELEASE OF LIABILITY. You fully and forever release and discharge Say Hola Wealth, joint venture partners, successors, transferees, assignees, licensees, volunteers, contributors, any of the Program community members, the venue, and all others involved in the Program (collectively “Released Third Parties”), as applicable, from any and all losses, damages, claims, demands, lawsuits, costs and expenses, including legal fees and expenses, and any other liability of any kind, of or to

 

AGREEMENT NOT TO SUE; INDEMNITY. You covenant and agree that (i) you will not institute or attempt to institute any legal action, arbitration, demand or proceeding against Viva la Budget & Finance or Released Third Parties based upon any Released Claim, (ii) you will indemnify, defend and hold harmless Viva la Budget & Finance and Released Third Parties from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of your obligations under this Agreement, (iii) you will indemnify, defend and hold harmless Viva la Budget & Finance and Released Third Parties for any and all claims or demands, including reasonable attorney's fees, that arise from or otherwise relate to use of the Program and related materials, and (iv) your violation of this Agreement or the rights of another.

You acknowledge that you are committing to the Program as well as the entire financial investment in the amount of $2,000 must pay for the Program by in full prior to commencement of the Program.

Alternatively, you may opt to pay by payment plan in payments of six (6) payments of $367.00 six times charged automatically to the form of payment on file. If you select to pay by payment plan, you must remain current to continue your participation in the Program. In the event any payment on such payment plan becomes past due, you have 3 days to cure your breach before your participation in the Program will be permanently terminated by Viva la Budget & Finance Dba, Say Hola Wealth  with no refund for prior amounts paid. Viva la Budget & Finance Dba, Say Hola Wealth reserves the right to collect all outstanding payments plus reasonable costs of collection, including attorney’s fees.

If you do not attend any scheduled Program session or part thereof for any reason, including as a result of an emergency, you understand full payment is still required despite the method of payment selected. No discounts or refunds of fees will be given under any circumstances unless termination is requested by and approved in writing prior to the commencement of the next billing cycle of the Program to by Viva la Budget & Finance, subject to cancellation or the Guarantee.

Cancellations & Refunds

Say Hola Wealth does not refund due to the nature of having limited spots available. You understand that you may not transfer or designate a surrogate for participation in the Program. You understand that you will not receive a refund or a pause of any remaining payments under the payment plan, if applicable.

You understand that you are free to cease your participation in the Program at any time. However, you will not receive a refund for the remainder or any portion of the Program and all remaining payments under the payment plan will continue, subject to cancellation or the Guarantee. You understand that no refunds will be provided in the event of your failure to attend any scheduled Program session or part thereof for any reason.

 

In the event you breach any terms of this Agreement, Viva la Budget & Finance Dba, Say Hola Wealth reserves the right to terminate your participation in the Program effective immediately, without any refund.

PROGRAM CANCELATION.  Say Hola Wealth reserves the right to cancel the Program at any time and for any reason prior to commencement of the Program (“Cancelation”). Upon cancellation, Viva la Budget & Finance will be liable to refund you only the amount already paid for this Program.

 Notices

1. a) All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:

To the company:

Viva La Budget & Finance LLC Dba, Say Hola Wealth

8350 W Grandridge Blvd Ste 200 #440

Kennewick, WA 99336

 

COACH-CLIENT RELATIONSHIP

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

Your Coaches’ Responsibilities

Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.

Your coaches will provide individual guidance to group participants based on information provided to the coaches.

Your coaches will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, a community message, or a live group coaching call.

 

Your Responsibilities

You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets, assignments, and homework, and attending and participating in 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 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.

 

Your Conduct

The Program is a “pitch-free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form or ask Program participants to join “shadow” groups on social media or any other platform, or in-person meetups based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, seminar, or athletic competition, or ask Program participants questions for “market research” or any other research without first receiving approval from the Company. You agree not to market, promote, or sell products or services to Program participants unless you are authorized or requested to do so by the Company. 

 

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

 

You are responsible for the material you post on the Company’s website or in any third-party forums operated by the Company and for any liability that may result from any material you post.

You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful.

You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

 

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other participants.
• Causing damage to any Company website or third-party forums operated by the Company.
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity.
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software.
• Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes.
• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company.
• Sharing private and proprietary information from other participants with anyone else.
•  Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

 

The Company does its best to create a safe and welcoming space for all participants; however, the Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials; however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums, online courses, or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, online courses content or materials that result in another participant’s trauma or discomfort.

 

Participants in the Program must actively participate in dialogue and interactions with other participants. The Company created the Program to encourage participants to step outside of their comfort zone and to foster connections, engage in vulnerable dialogue and meet individuals from different racial, gender, and socio-economic backgrounds. Without participation, the principles of which the Program was founded would be pointless. Therefore, all participants must actually participate in the Program and the Company reserves the right to terminate your access to the Program and all Content immediately and permanently without refund if you are merely “lurking.”

 

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. 

 

The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.

 

CONFIDENTIALITY AND NON-DISCLOSURE. You understand during the course of this Program, you will have access to and learn about non-public, confidential, or proprietary information ("Confidential Information") disclosed by Viva la Budget & Finance dba, Say Hola Wealth and each of the Program community members (“Disclosing Party”). You hereby agree to protect and safeguard the confidentiality of all such Confidential Information with at least the same degree of care as you would protect your own Confidential Information, and you will not use Confidential Information in any manner to the Disclosing Party's detriment. To provide you with the highest quality of service, you understand Viva la Budget & Finance, may discuss and receive independent mentors on certain topics anonymously and hypothetically with other personal coaches or from contributors. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the to prevent the breach or threatened breach of this Section and to secure its enforcement.

DISPUTE RESOLUTION. In the unlikely event of a dispute arising from or relating the Program or this Agreement, the dispute shall be settled by binding arbitration in Kennewick, WA, by an arbitrator that is mutually approved by the parties. If the parties are unable to agree on an arbitrator, each shall select an arbitrator and the two selected arbitrators shall jointly select a third arbitrator who shall serve as the arbitrator. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs.

LIMITATION OF LIABILITY. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. NEITHER, , Say Hola Wealth NOR ANY OF ITS SUBSIDIARIES, OWNERS, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING ANY INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM AND THE INFORMATION AVAILABLE THROUGH THE PROGRAM OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE THROUGH THE PROGRAM. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST VIVA LA BUDGET & FINANCE AND ITS SUBSIDIARIES, OWNERS, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM.

CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Washington without regard to its conflicts of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement.

ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and your heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators and representatives.

Say Hola Wealth may amend this Agreement from time to time. Amendments published to this website constitute binding changes to this Agreement. If Viva la Budget & Finance does amend this Agreement, the date at the top of this website indicates when this Agreement were last updated. Amendments to this Agreement will take effect on the date on which they are published. Continued access will constitute agreement to the updated terms.

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and asserting that you have read, understood, and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content.

 

Updated on Dec  31 2023.

This Agreement shall be deemed executed by accepting Terms Of Use during the checkout phase.