Open the Lid, LLC Program Agreement
THIS AGREEMENT is between Open the Lid, LLC and the individual signing up for the Open the Lid service.
The term “Agreement” refers to this Program Agreement and the attached Exhibits which shall be deemed a part of this Agreement.
WHEREAS, Client desires to receive participation in the Program and coaching services from Open the Lid, LLC and Open the Lid, LLC desires to provide such Program and services based on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Open the Lid, LLC hereby agree to the following terms of this Agreement as follows:
1. Program Description.
Under the terms of this Agreement, Open the Lid, LLC agrees to provide Open the Lid, LLC Teaching and Coaching services through programming in the form of webinars, audio and/or visual presentations and videos, workbooks, and virtual live meetings plus periodic personal coaching and evaluation delivered by Lydia Dolch and/or her team of experts (“Lydia’s Team”) in exchange for a Program Fee. The Program includes access to: (1) the LIVE portion of the Program, (2) the Program training materials in the participants’ website or otherwise provided to Client throughout the Program (“Program materials”). Client’s access to the Program is made conditional on payment of the Program Fee and begins on the first date Client is provided with access to review or participate in the Program (“Program Start Date”) and ends at the conclusion of thereafter.
2. Individual Sessions/1-on-1 Classes.
Should the Client purchase any LIVE programs, Client has access to LIVE and/or 1-on-1 classes, and agrees to use them as per the agreed upon schedule. Client is responsible for booking their calls and attending all scheduled calls, and any LIVE or 1-on-1 classes not scheduled and/or attended within the agreed upon range will be forfeited by client.
The term of this Agreement will commence upon: (1) Your acceptance of this Agreement and (2) payment of the applicable Program Fee or successful approval and completion of financing provided by an approved third-party finance provider facilitated by Open the Lid, LLC (“3rd Party Finance Provider”). If the 3rd Party Finance Provider fails to approve Client’s financing and Client does not otherwise provide payment in full prior to or on the date shown on Exhibit A, this contract is null and void.
4. Program Fee.
Client agrees to compensate Open the Lid, LLC for the Program and/or coaching services with a Fee as detailed on Exhibit A. Client agrees that Client is financially willing and able to invest in this Program/Services by choice, and that by so doing, Client is not incurring any economic hardship in any way.
5. Credit Card Authorization and Receipt.
If paying by PayPal, debit card, or credit card, Client gives Open the Lid, LLC permission to charge Client’s credit card or debit card in the amounts set forth on Exhibit A.
6. Cancellation Policy
Please note that once you have scheduled a session with us it means that we have reserved time in our schedule exclusively for you. If you cancel your session less than 24 hours before it is scheduled to take place, or if you do not attend your scheduled session, you will still be charged in full for that session.
Please provide cancellation notice at least 24 hours prior to your session.
You can cancel or reschedule a session by emailing us at [email protected], texting or calling our office at 607-339-8092.
7. No Refunds.
Because considerable time and effort has gone into creating all aspects of the Program and Coaching, if Client decides to cancel membership at any time for any reason, Client is not eligible for a refund, in full or in part, for the months that have already been paid for or utilized, in full or in part. Every Client has differing needs, and it is possible that a Client can receive the entire benefit of the Program from the initial live session. By signing this Agreement below, Client fully agrees and understands that Client is and shall be responsible for making full payment of the Fees as set forth in Exhibit A even if Client withdraws from the Program or does not access all materials/ coaching sessions.
8. Chargebacks and Payment Security.
Your financial commitment to the Program and/or 1-on-1 Classes/Coaching sessions is important. Client hereby agrees not to seek any chargebacks to Open the Lid, LLC’s account. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Open the Lid, LLC's collection of payment hereunder. Client’s participation is voluntary and entered into with the full understanding and agreement as set forth in Section 4 that Client will make all Fee payments. Client has been given an opportunity to ask any questions about the Program, 1-on-1 coaching, and Fee payments prior to signing this Agreement and is choosing now to enter the Agreement with the commitment to honor the payment schedule on Exhibit A and not default on payments or make chargebacks.
9. Peer Responsibilities.
You agree and recognize that as part of the Program, you will be interacting with other Program participants directly (“Peer” or “Peers”). The Peer interactions are a valuable and irreplaceable part of the available resources that may help you during the Program. However, just as You are not an agent or employee of Open the Lid, LLC, Your peer participants are also not agents or employees of Open the Lid, LLC. You may receive bad or upsetting information or advice from your Peers, or hear intimate details of their lives. You hereby acknowledge and are bound to keep any information gathered from Peers during webinars or group sessions or chats as confidential information, whether that information is shared on public web forums or in private sessions. You agree to treat all Peer information with as much care as You treat your own confidential information. You agree and acknowledge that group sessions will be recorded and available to group participants after each group session.
10. Mandated Reporting.
New York State requires certain professionals to report suspected child abuse or neglect to the Department of Children and Family Services. You hereby acknowledge that your instructor is or may be a mandated reporter of suspected abuse or neglect.
11. Non-Exclusivity of Instructor.
Client agrees that Open the Lid, LLC is not required to ensure exclusivity of any instructor that is assigned to work with Client. Open the Lid, LLC reserves the right to change and replace the Client’s existing instructor with another instructor at Open the Lid, LLC’s sole discretion. Any such change or replacement may be made without the consent of Client, and without prior notice to Client.
12. Case Studies and Testimonials; use of Recorded Sessions.
Open the Lid, LLC has the right to use case studies of Client’s situations and results or Client testimonials in future sessions, without making reference to Client’s identity. Client may give written permission to Open the Lid, LLC to use a case study or testimonial publicly, in which Client will be identified by name or identity. Client further represents that any such testimonials are correct, accurate, and truthful.
Client also acknowledges that all Program coaching or training calls are recorded and that they are for training purposes only, to be used exclusively by Open the Lid, LLC and Open the Lid, LLC’s Team. By accepting the terms of this Agreement and affirmatively seeking the benefits of participation in the Program, Client agrees and acknowledges that Open the Lid, LLC will record sessions, and use them within Open the Lid, LLC’s Team for training purposes. Open the Lid, LLC will also provide recordings of group sessions to all participants of the group to review after the session.
13. Intellectual Property Rights.
Open the Lid, LLC retains all ownership and intellectual property rights to the Program and Program materials provided to Client through the Program, including all copyrights and any trademarks belonging to Open the Lid, LLC and/or Open the Lid, LLC’s Team. The Program and Program materials are being provided to Client for Your individual family use only and with a single-user license for educational and informational purposes which means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, without Open the Lid, LLC’s prior written permission. No other license is being granted or implied to You. You may not post or otherwise share any materials, whether or not you profit from such postings.
The purpose of the Program is to train and educate Client about how to best support neurodiverse needs, whether for themselves, family members or friends, and how to best navigate the existing community infrastructure designed to assist individuals with neurodiversity. The purpose of this Program is not for Client to learn and use this information to compete with Open the Lid, LLC’s business or the Program, directly or indirectly, in any way. With that understanding, Client fully agrees that Client shall not use any of Open the Lid, LLC’s or Open the Lid, LLC’s Team’s intellectual property learned through the Program, in part or in full, including during coaching sessions with Coach or Coach’s Team, in a way that damages, directly or indirectly, Open the Lid, LLC’s business and such use shall be considered improper and unauthorized use of the Program and/or Program Materials. You shall not disclose proprietary materials to potential future Clients.
Such intellectual property, including the Program and Program materials, is a special, unique and valuable asset of Open the Lid, LLC’s that has been created at great effort, exclusively for this Program. Client agrees not to teach, coach, launch or offer programs, services or information that is, or is perceived to be, the same as, or substantially similar to the Program, in whole or in part.
Any use of the Program or Program Materials shall be with written authorization and appropriate attribution.
14. Good Faith.
Open the Lid, LLC and Client represent and warrant to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
15. Personal Responsibility & Assumption of Risk.
Client acknowledges that Client takes full responsibility for all decisions made before, during and after the Program and knowingly assumes all of the risks of the Program, whether known or unknown, related to Client’s use, misuse, or non-use of the Program or any of the Program materials. Client accepts and agrees that there are many factors that contribute to learning, growth and success of both individuals with neurodiversity, and/or the Client, which are outside of Open the Lid, LLC’s control; therefore, Client accepts and agrees that Client is 100% responsible for Client's progress and results from the Program, and Open the Lid, LLC makes no guarantees as to the outcome of the Program.
Open the Lid, LLC expects that Client is entering the Program with a willingness to try new strategies over an extended period of time, be persistent in changing expectations of yourself and your support network, and communicate successes and failures clearly to Open the Lid, LLC. By enrolling in the Program, Client also understands that said program is not intended to replace the input from doctors, schools, or other professionals, nor would it change the need for medication or other interventions. This program is a tools and wellness training program that is designed to help extend the number of and access to tools, strategies, and support networks that already exist, in order to create more organized, meaningful and balanced lives.
Client is aware that Open the Lid, LLC is not a physician or licensed medical provider and therefore does not diagnose, treat, prevent or cure any disease, and therefore is not a replacement for Client’s medical doctor, therapist, physician or licensed special education professional working in person directly with an individual in need. Client acknowledges that Open the Lid, LLC is not a medical provider, psychotherapist, employment agent, business manager, financial analyst or providing services directly as a licensed special education teacher. If Client is presently under any form of psychiatric care, psychotherapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Open the Lid, LLC prior to working together, and remind Open the Lid, LLC regularly using the Acuity scheduling software, which is HIPAA compliant for all protected health information. Client understands that while Open the Lid, LLC has used care in preparing the information provided to Client, the Program and Program materials are being provided as self-help tools for Client’s own use and for informational and educational purposes only. Client agrees that Open the Lid, LLC is not responsible for Client’s physical, mental, emotional and spiritual health, for financial earnings or losses, or for any other result or outcome that Client may experience through the Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult a medical or mental health professional. For specific questions related to Your financial, legal or tax situation, consult an attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult a clergy member or spiritual healer. Do not start or stop taking or administering any medications because of anything You have read or received through this Program. Follow the advice of your doctor regarding medications.
While Open the Lid, LLC is providing tools and sharing knowledge that may be helpful to Client, such tools are intended as part of a holistic program, and are not sufficient assistance themselves to resolve life’s difficulties.
17. No Warranty.
Open the Lid, LLC MAKES NO WARRANTY THAT THE SERVICES WILL MEET CLIENT’S PRECONCEIVED EXPECTATIONS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Open the Lid, LLC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH
RESPECT TO THE PROGRAM THROUGH OR ON BEHALF OF Open the Lid, LLC UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
18. Limitation of Liability.
Client accepts all risks, foreseeable or unforeseeable, arising from such transactions and client's use of the Program. In no event will the aggregate liability of Open the Lid, LLC with regard to this Agreement or the Program exceed the compensation paid by Client to Open the Lid, LLC under this Agreement. Open the Lid, LLC shall not be liable for any indirect, consequential, special or exemplary damages (including, without limitation, damages for any loss of profit, revenue, data, business or use) even if such party has been advised of the possibility of such damages. Client agrees that Open the Lid, LLC's employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Open the Lid, LLC, to the extent allowable by law.
Client shall defend, indemnify, and hold harmless Open the Lid, LLC and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program.
Should Client wish to terminate this Agreement, Client is to notify Open the Lid, LLC by sending an e-mail to [email protected]. In addition, Open the Lid, LLC may, at any time and without cause, terminate this Agreement. Upon termination, modules that have already been made available will continue to be available.
Client agrees that if You have a question or concern about the Program, that You come to Lydia Dolch or Open the Lid, LLC’s Team directly to resolve the issue. Open the Lid, LLC agrees to make Lydia Dolch and/or Open the Lid, LLC’s Team available during weekday business hours to discuss by phone or e-mail any concerns or disputes Client may have with regard to the Program in an effort to resolve them privately and professionally. Thus Client agrees to not publicly or privately make any negative or critical comments about the Coach, Open the Lid, LLC’s Team, Open the Lid, LLC’s business or contractors, the Program, other Program participants or to communicate with any other individual, company or entity in a way that disparages or harms the reputation of the foregoing in any way, including on social media at any time. As a part of the legal process, of course, Client is not prohibited from publicly sharing Client’s thoughts and opinions.
22. Miscellaneous Terms.
Client may not assign or otherwise transfer this Agreement, in whole or in part, to any other person or entity without the prior written consent of Open the Lid, LLC. Any attempt by Client to assign or otherwise transfer this Agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of law principles. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction and venue of courts sitting within Tompkins County, New York, and the parties consent to the personal and exclusive jurisdictions of these courts. All claims against Open the Lid, LLC or any of Open the Lid, LLC’s Team, staff, employees, shareholders, directors, officers, or contractors must be filed within one year of the date of the events first giving rise to the claim or otherwise be forfeited forever.
If for any reason any provision of this Agreement is held to be invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
Express designation of sections of this Agreement as material does not in any way limit other sections that have not been so designated from also being deemed material to the Agreement.
Any modification or amendment of any provision of this Agreement will be effective only if in writing and signed by Open the Lid, LLC and Client. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by Open the Lid, LLC or Client.
No waiver of any provision of this Agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.
Neither party will be responsible for any failure or delay in performing any of its obligations under this Agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, acts of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed 30 days from the date of notice of failure.
The parties agree that no provision of this Agreement shall be deemed to create any joint venture, partnership, franchise, employment, or agency relationship between the parties. Neither Open the Lid, LLC nor Client will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Open the Lid, LLC is acting as an Independent Contractor in relation to the Client.
This Agreement contains the complete understanding and agreement of Open the Lid, LLC and Client and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the Program.
This Agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument. Delivery of an executed signature page by any electronic means (including via any electronic or digital signature) shall be deemed effective as delivery of a validly binding original signature on this Agreement.
By signing below, Client represents that he/she has had the opportunity to ask Open the Lid, LLC or Open the Lid, LLC’s Team any questions about this Agreement and that all questions have been resolved to Client’s satisfaction prior to signing the Agreement, and that Client enters into this Agreement with full knowledge, understanding and agreement to each of its terms. Both Open the Lid, LLC and Client represent and warrant that, on the date first written above, they are legally authorized to enter into this Agreement.
EXHIBIT A PROGRAM FEE
Client has chosen the weekly 1-on-1 call option.
Client agrees and understands that Client is committing to pay Open the Lid, LLC the following amounts by the following dates as the Program Fee in exchange for participation in the Program:
I understand that a monthly payment in full of $487.00 USD or $274.00 USD + $425.00 USD must be received by Open The Lid, LLC before access to curriculum will be granted. Monthly payments must continue each month in order to maintain access to the Program.
EXHIBIT B 1-on-1 CLASSES CALL WAIVER CHECK IN & RELEASE
I voluntarily desire to participate in Coaching/1-on-1 Classes Calls that will be performed by one or more of Open the Lid, LLC’s Team members. In exchange for participation in the Coaching Calls and the services and expertise provided by the Coach, I agree to the following:
I take full and sole responsibility for my life and well-being and all decisions made before, during and after each Coaching/1-on-1 Classes Calls. I acknowledge that I am choosing to participate voluntarily in the Coaching/1-on-1 Classes Calls and I recognize that the Coaching/1-on-1 Classes Calls, while planned with care and love, may contain certain inherent risks or reveal information to me about myself or my mindset that stretch me or invite me to grow outside of my comfort zone. I agree that I expressly assume the risks, both known and unknown, of the Coaching CallCoaching/1-on-1 Classes Calls in which I participate and I am aware that I may voluntarily decline participating in any Coaching/1-on-1 Classes Calls at any time. (Please note that should you decline to participate in or choose not to complete a Coaching/1-on-1 Classes Call at any time, no refunds or exchanges will be provided for the time not used.)
I agree to follow instructions or directions given by Open the Lid, LLC before, during and after the Coaching/1-on-1 Classes Call, while also using my own judgment and skills.
I understand that the information provided during or revealed through the Coaching/1-on-1 Classes Calls is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by my own physician, therapist, or any other licensed or registered mental or physical health care professional. I understand that Open the Lid, LLC is not acting in any capacity as a medical or mental health care provider and they are not giving medical advice.
I understand that the Open the Lid, LLC is not providing health care, medical, mental health, or therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human mind, body or spirit during the Coaching/1-on-1 Classes Calls. Rather, the coach is serving in their capacities coaches, mentors and guides to provide me with education, information, and tools to assist me in my own self-care, personal growth, and business growth.
I agree to disclose any physical limitations that may impact me or any other health or mental condition that may be affecting me during the Individual/1-on-1 Classes Calls. If I suspect that I have a medical or mental health emergency, issue or concern during the call, I agree to inform the Coach immediately.
I agree to seek the advice of my physician regarding any questions or concerns I have about my specific health situation, including but not limited to possible or actual pregnancy or any medications I am currently taking. I agree to not disregard or delay seeking professional medical advice or stop taking any medications without speaking to my own physician or mental health care provider.
At any time before or during the Coaching/Pre-Teaching Call, should I know or fear that I may cause imminent harm to myself or any other person, I understand and agree that I am immediately obligated to let the Coach know and to remove myself from the situation in a peaceful and cooperative manner; otherwise, I consent that I may be asked to not participate in the Coaching Call, leave or end the Coaching/Pre-Teaching Call, and/or have immediate physical or mental health care administered to avoid causing mental or physical harm to myself or others.
I consent to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during any live, in-person Coaching, and I agree to hold the Coach harmless as a result of any such injury or damage I may suffer due to the application of medical or mental health services or treatment. I also agree and consent that the Coach or her agent may contact an emergency contact and share detailed information about the emergency.
I understand that the Coach may be an independent contractor who has contracted with Lydia Dolch to provide certain services, including Coaching. I hereby release the Coach and Coach’s Team from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which I have ever had, now claim to have, or may claim to have in the future against the Coach arising from my past or future participation in, or otherwise with respect to, the Coaching/1-on-1 Classes Calls, including the results and information that may be revealed or discussed with the Coach before, during or after each call.
In no event will the Coach be liable to any party for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on the Coaching/Pre-Teaching Call, the information revealed in or through the Coaching/Pre-Teaching Call, or other related programs and/or services, including, without limitation, personal injuries, accidents, death, misapplication of information, business revenue changes, or any other loss, malady, disease or difficulty, or otherwise, personally or professionally.
I have carefully read this document and I consent to all parts of it. I understand that by checking the box on the website during check out, I voluntarily surrender certain legal rights.
Permission to Photograph or Video
Open the Lid, LLC will reach out to me via text or email to obtain permission to use my or my child’s photograph or video to publicly promote the LLC or its programs. I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.
This permission can be revoked at any time. In order to revoke the authorization, I must notify Open the Lid, LLC in writing at the following address:
Open the Lid, LLC
110 Sycamore Drive
Ithaca, NY 14850
I understand that my cancellation may not be honored with respect to materials already published. If I revoke this Authorization, Open the Lid, LLC shall not engage in any new uses or disclosures of the images or testimonials.