Terms & Conditions

Terms and Conditions

01 Session times and dates may be subject to change. If a session time or date is changed, you will receive an email in advance.

02 The Package does not guarantee any additional consultations with Samantha Smith or future work with Wholehearted Collective LLC. 
03 You agree that your use of the Package confers upon you no rights to use, ownership or copyright. You release Wholehearted Collective LLC and Samantha Smith, and their employees, agents, and assigns from all liability which may arise from any and/or all claims by you or any third party in connection with your use of the Package. 

04 We request information from the client for our legal documents and invoice system. A client must provide their contact information, such as name and email address. They may provide financial information as needed to process payment. This information is used for billing purposes and communication.

05 If your personally identifiable information changes (such as your zip code, phone, e-mail or postal address), or if you no longer wish to be on our client list, please contact Samantha at info@wholeheartedatl.com.

06 The Package fees are nonrefundable. Once purchased, sessions do not expired unless otherwise notified in writing.

07 Wholehearted Collective LLC may, in its sole discretion, terminate services for a client if the client displays any conduct which is disruptive, abusive, threatening or otherwise offensive to any employee or contractor of Wholehearted LLC whether that conduct occurs on a phone call, email, etc. No refund shall be issued to a client whose Package is terminated under this provision. If a client’s services are terminated for such reason, that client shall not be permitted to re-order the Package or other services at a future date.

08 Any all the materials available through the Package (the “Materials”) are the property of Wholehearted Collective LLC and are protected by copyright, trademark, and other intellectual property laws. The Materials are provided solely for your personal noncommercial use. You may not use Materials in a manner that constitutes an infringement of Wholehearted Collective LLC’s rights or that has not been authorized by the company. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any of the Materials. You may, however, from time to time, download and/or print one copy of individual pages of the Materials for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

9 When addressing financial matters, we’ve taken every effort to ensure we accurately represent the Package and its ability to improve your life. However, there is no guarantee that you will get any results using any of our ideas, tools, strategies or recommendations. Nothing in the Package is a promise or guarantee of an outcome. Any forward-looking statements outlined in the Package are simply our opinion and thus are not guarantees or promises. You specifically acknowledge and agree that no representation has been made by the Company and relied upon as to the outcomes or decisions made by the user that may be derived from the participation in the Package. In the case of payment plans, client agrees to pay in full the amount of the package at the time of the initial payment in its entirety regardless of outcomes.

10 General Disclaimer 

Client agrees and acknowledges that Wholehearted Collective LLC is not a business coach or health coach and the Services are not intended to be a substitute for any professional advice, whether financial, legal, health related, or otherwise. Please consult a licensed professional should you need advice relating to your business or your personal health. Wholehearted Collective LLC does not guarantee the quality, accuracy, completeness or timelines of the information provided to Client in connection with the Services. All information provided to Client is only an estimate and may contain errors. By using the Services you agree that Wholehearted Collective LLC shall not be responsible for any direct, indirect, special, incidental or consequential damages or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of Services or in reliance on the information made available to the Client in connection with the Services, including personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action.

11 Disclaimer of Warranties 

SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

12 Limitation of Liability 

(a) IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT

13 SERVICE PROVIDER SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, THIRD PARTY VENDORS OR SUB-CONTRACTORS, USED IN CONNECTION WITH THE SERVICES OR THE PROJECT. 

14 Waiver 

No waiver by Wholehearted Collective LLC of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Wholehearted Collective LLC. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

15 Force Majeure 

Wholehearted Collective LLC shall not be liable or responsible to Client, 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 Wholehearted Collective LLC 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 outages.

16 Relationship of the Parties 

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

17 Governing Law 

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.

18 Notices 

All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing (via email acceptable) and addressed to the parties at 1292 Jefferson Ave, East Point GA or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

19 Severability 

If any term or provision of this Agreement is 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.

20 Survival 

Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the Confidentiality provisions.

21 Amendment and Modification 

This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.

22 Acceptance of Terms 

The action of agreement via electronic method will hold both parties in acceptance of these terms. Wholehearted Collective LLC as sender and the Client as recipient will acknowledge the acceptance of these terms either through an email noting acceptance or acceptance is acknowledged at the beginning of any work on said Project.