BESTSELLER & BEYOND

member agreement

Welcome to the BESTSELLER & BEYOND program, (“the Program”). This Member Agreement (“Agreement”) constitutes a legal contract between Louisa Deasey. (“LD”) and you, the undersigned. You are required to read it carefully before you sign it and continue with the Program or access any of the Program’s materials.

This Agreement is effective as of the date you sign it. By signing the Agreement, you acknowledge that you have read it, understand it, and agree to be bound by it.
______________________________________________________________________________________

Section 1: Promises and Responsibilities

 

1.1: The Program

 

During the 12 weeks of the Program, LD will provide coaching and mentoring services to you, which will include:

*Digital training materials that will be available to you after the 12-week program.

*Fortnightly coaching calls in which Program participants are given ample time to process the subject matter of the Program with Louisa, who will provide straightforward guidance, suggestions and feedback.

*Help desk support to provide you with assistance in between coaching calls.

 Note: The Program is designed for self-improvement, not introductions to publishers, agents, or editors AND the program is not a guarantee of a certain number of book sales or business outcomes. LD is not a Publisher or Literary Agent and LD in no way promises or guarantees participants will have a certain sales or business outcome during or as a result of the Program. However, the Program does teach skills that can be useful in accomplishing that goal.

 

1.2: Member Responsibilities

By accepting the terms of this Agreement, and throughout your participation in the Program, you are making the continuing commitment to follow the Program, implement the strategies conveyed to you, and faithfully consume all of the lessons, assignments, and course work in the Program to the best of your ability. You further agree to attend the scheduled coaching sessions included in the Program (member schedule permitting; however, we ask that you make every effort to attend these sessions as they are integral to the Program and very valuable. We are not responsible for your inability or failure to attend any sessions). You also acknowledge that the Program provides a guide and imparts strategies onto you for creating desired results, though seeing any results requires tremendous effort by you.

Additionally, the Program is designed to offer a safe environment for members and thus you are required to abide by strict confidentiality and privacy principles, and conflict resolution procedures. These are outlined later in the Agreement.

 

Section 2: Coaching, Critique & Mentoring Services

Louisa Deasey is a publishing and digital business mentor. The Program does not provide psychotherapy or any medical services, and Louisa is not a literary agent nor publicist.

Your individual results from participating in the Program are likely to vary from others and are not promised or guaranteed. There is no “typical” result since each participant’s circumstances are unique, as are ideas of success. Results of any kind are not guaranteed, because we cannot control how you use and implement the tools we share during the course of the program, which can be challenging. Our goal is to help, but we cannot do the work for you.

 

Section 3: Confidentiality and Non-disparagement Policy

 

3.1: Confidential Information

The Program is a proprietary service offered by LD to a limited audience of selected participants. Thus, all Program information is highly confidential and not for dissemination to anyone who is not a party to a similar agreement or otherwise authorized to receive such confidential information about the Program. Confidential Information includes, but is not expressly limited to:

Program details; curriculum; pricing and Program Fee; member selection process; communications to and from LD; content of phone calls, webinars, seminars, and group discussions; the content of the secret Facebook group; Program materials including documents, videos, slides, worksheets, literature, recordings, audio, Q & As, and any content produced by or provided to you by LD; LD know-how; the names and contact information of current or past participants in the Program; login credentials to access any Program information or LD website or content; information shared in the course of the Program or in the secret Facebook group by Program participants with other Program participants; anything offered by a Program participant to other participants that is intended to remain private.

By signing this Agreement, you commit yourself to maintain the highest confidentiality of all information communicated to you by LD whether in a group or individual setting, at any time prior, during, and after the program, unless that information has been expressly authorized to be shared.

3.2: Authorization and Consent

I hereby provide my authorization and consent to LD to record the calls as part of the Program. These recordings are the property of LD and may be re-used or re-purposed for further training purposes. Should there be a time when full names or other easily identifiable characteristic are connected to the recording, LD will seek permission before using the recording outside of your Program. LD will never release information that personally identifies you to the public without first obtaining your consent, though you consent to LD using stories, anecdotes, or other information derived from you, but that does not personally identify you, in its business.

Only authorized users, who have duly obtained the right to access the Program by personally agreeing to the terms of this (or similar) Agreement are permitted to participate in the Program and access Program-related materials. Except as expressly authorized by this Agreement, you shall not provide or make available any Confidential Information, or use the Confidential Information to teach any third party, or otherwise disclose or discuss any Confidential Information revealed in any portion of the Program for any purpose other than exercising rights expressly granted to you by this Agreement.

 

3.3: Social Media

Your use of any social media channels or groups operated by LD is at the sole discretion of LD. If you chose to use any of these channels or groups, the terms of this Agreement apply, as do the terms of service of the relevant social media service provider (i.e. Facebook) and you agree to comply with these terms. You may not solicit, harass, or collect data from other group members (including their names and contact information). You may not directly contact other group members without their express permission. You may not use information obtained from these channels or groups for any purpose other than the limited purpose of discussing the skills and strategies conveyed in the Program. You agree to follow any rules disseminated by LD for the social media channels or groups. Participation in these groups is not included in the program fees and is a complimentary addition to being a client/customer of LD. Should your participation in these group breach the group rules, you will be removed immediately. This includes being disrespectful, negative or challenging towards anyone working for or with LD or other group members,

 

3.4: Online Reviews

We value your feedback on the Program. However, in order to be valuable to others, you agree not to disparage any participant in the Program or any member of the LD team, online and offline. While you may leave reviews on various online websites, you agree to present only truthful and accurate information, including by associating your real name with any such review. If you are unsatisfied with any portion of the Program, prior to leaving a review please reach out to our team to discuss your experience as the goal is to help you succeed and adjustments can be made during the Program. If you chose to continue with the Program without addressing issues, you do so at your own risk and you must disclose this fact in any review of the Program. You agree that failure to fully disclose this information in any review is grounds for the review to be removed and you agree to take all necessary steps to either truthfully edit or remove any such review deemed by LD not to comply with this provision or any other term in this Agreement.

 

3.5: Alumni Groups and Post-Program Maintenance

LD fully supports and encourages Program participants to connect with one another outside of the Program. However, LD does not allow its Confidential Information, including Program content, to be used in alumni or support groups upon completion of the Program, or to be used in coaching, teaching or re-teaching seminars, webinars, reviews, or group meetings in any context or format or for any other purpose similar to that of the Program. This is because these settings do not have the professional coaching or mentoring element to monitor and ensure the safe and correct application of the exercises and skills covered in the Program. LD offers Continuation Support for Program participants who want to continue their work in an authorized way. 

Section 4: Intellectual Property

You acknowledge that all content and materials provided to you during the course of the Program are the sole intellectual property of LD or its licensors under global copyright, trademark and other intellectual property laws and international treaties. LD and its third party licensors own and shall continue to own all right, title, and interest in and to the intellectual property used in connection with the Program. Except for the limited, revocable license expressly granted to you to access the materials provided during the Program herein, this Agreement does not grant you any ownership or other right or interest in or to any intellectual property rights of LD or its licensors whether by implication, estoppel, or otherwise. All trademarks or service marks that LD uses in connection with services rendered are marks owned by LD or its licensors This Agreement does not grant you any right, license, or interest in such marks. You agree you will not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

While you retain possession of some content provided to you through participation in the Program, you may only continue to use that for your own sole and exclusive personal reference. You may not use, copy, share, distribute, publish, or create derivative works of any content or materials provided to you during the Program or review, teach or re-teach the material without the express consent of LD. This includes posting content or materials on social media, sharing content with anyone who is not a Program participant, or otherwise using the content outside of the Program, including in an alumni or support group that is not part of an authorized Continuation Support program offered by LD. Quoting Louisa or any of the content/materials/coaching provided in the program without consent or attribution will result in immediate expulsion from the LD community and access to all program materials will be revoked.

 

Section 5: Membership and Program Fees

 

5.1:  Under the terms of this Agreement, LD agrees to provide coaching and mentoring services to you in the form of webinars, audio and/or visual materials, and live group coaching sessions, presentations, and personal coaching and evaluation in exchange for a Program Fee. Your access to the Program and any Confidential Information is expressly conditioned on successful payment of the Program Fee.

5.2:  Term

This Agreement is in effect as of the date you sign it. You become enrolled in the Program as of the date you successfully pay the Program Fee. The Program lasts 12 weeks.

 

5.3:  Termination and Survival

 

LD may terminate this Agreement at any time in its discretion upon notice to you. This is very rare, but should this happen, Sections 3 and 4 in their entirety shall survive termination of this Agreement and bind you in perpetuity. If LD terminates this Agreement prior to your completion of the Program, you will be reimbursed the amount of the Program Fee you paid.

 

5.4: Program Fee

 

By accepting the terms of this Agreement, you agree and understand that you are committing to pay LD the Program Fee for your participation in the Program and access to Program materials. You will be billed in one lump sum or in increments as per your preference. Full retail price of the BESTSELLER & BEYOND is $12,000USD. For members who enroll during the Fast Action Discount period, the options are $10,000USD or 3 sequential monthly payments of $3670. If you do not make the full payments your access to the Program will be revoked instantly.

 

5.5:  Consents and Licenses

 

By participating in the Program, you are consenting to LD at any time reproducing and/ or disseminating any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in the Program, including any specific results experienced by you over the course of such participation. You agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to the Program. You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful. If you “tag” or otherwise include LD in any social media post, you consent to LD re-posting, sharing, or otherwise using your post and any media contained therein (“the Post”) for its own business purposes, including marketing. You hereby grant LD an unlimited, fully-paid, non-terminable license, in perpetuity, to use the Post in any medium whatsoever, throughout the world, and to reproduce, create derivative works from, display, and distribute the Post for any purpose consistent with this Agreement. At no time will your name or identifying personal information be used without your consent.

 

5.6:  No Refunds

LD maintains a strict no-refund policy. You acknowledge and understand that your participation and membership in this Program means you are affirmatively seeking the benefits offered by the Program and you are taking full responsibility for your own success. You acknowledge your success depends upon your good-faith participation and application of the tools provided in the Program. Thus, you agree that you will not request a refund and no refunds need be issued for any reason other than as set forth herein or as determined in LD’s sole discretion.

 

REGARDING THE CORONAVIRUS/COVID-19:  Should Louisa Deasey get sick with COVID-19 and be unable to run the Program, participants will receive extra weeks to make up for the lost weeks. Should you get sick, extra weeks will be added to your membership so you can make up any lost coaching time. Full refunds will only be provided should Louisa Deasey pass away during your active time in the Program.

 

5.7: Breach

If you breach any term of this Agreement, you will not be entitled to a refund under any circumstances and your membership and participation in the Program, including access and license to Program materials, will end immediately. You acknowledge that your breach of this Agreement at any time, during or after your participation in the program, may cause damages to LD, its team members, and/or other Program participants, and you may be held liable for these damages, including any costs or fees (including attorney’s fees) incurred in enforcing this Agreement.

 

Section 6: Warranties

6.1:  No Warranty

 

LD provides the Program without any warranty of any kind, and LD does not guarantee any result from your participation in the Program. You take full responsibility for your own action, inaction, and success.

There is no warranty of fitness for a particular purpose, merchantability, non-infringement, or any other warranty.

Further, you acknowledge that everyone’s success is different, and dependent on individual factors such as your own drive, dedication, and motivation. Any examples of publishing success are not meant as a promise or guarantee of your own. This program is not an agent introduction service.  In other words: we do not guarantee results, you are responsible for your own success.

 

Section 7: Good Faith and Conflict Resolution

LD is founded on personal empowerment, professional growth and encouraging positive mindsets. Everyone at LD is here to support your personal and professional growth. We want the best for you and are ‘on your side.’ Given that, we adhere to an “assume positive intent’ approach. Should you have an issue with anything or anyone during your time with us, we ask you give us the benefit of the doubt and know that no one is perfect. We always do our best to provide a flawless customer experience and give 100% in service to you. You agree to reach out to us at any point during the Program if you are feeling unsatisfied by any part of the Program so that we may work to address any issues in a timely fashion. Failure to do this constitutes a breach of this Agreement.

Please address concerns or any issues you may have with the Program in the appropriate channels, which include an email to our client care/admin specialist who will triage your concerns and make sure you are heard. Please do not address such issues during our group Q and A sessions. It is our goal to serve you the best we can and welcome your concerns or feedback.

By typing a name in the box below and clicking the “Accept Terms & Conditions” box, you acknowledge that you understand and agree to all of the aforementioned terms, including those related to Confidentiality, Program Fees, the no refund policy, differences between coaching/mentoring and therapy and the conflict resolution policy.