LIFE COACHING AGREEMENT AND

WAIVER AND RELEASE OF LIABILITY

LAST UPDATED: 2/15/2024

As additional consideration for receiving life coaching and other services from NIKKI SHARP LLC., a Florida corporation (the “Company”), I voluntarily enter into this Life Coaching Agreement and Waiver and Release of Liability (“Agreement”) with the Company and with my personal life coach Nikki Sharp. This Agreement shall apply to all services provided by the Company and any other individual authorized by the Company to provide coaching or other instruction to me during my engagement with the Company.

This website and any related websites (“the Website”) and the content (“Content”) and services available through the Website are operated by Nikki Sharp LLC (“NS LLC,” “Corporation,” Company,” “we,” “our,” and “us”). These Terms of Service constitute a legal agreement between you (“I,” “me,” “my,” “mine,” “the user,” “you,” and “the customer”) and NS LLC. The Website allows me to participate in coaching, surveys, workbooks, participate in WhatsApp groups, and receive guidance (the “Services”).

Please read the Terms of Service carefully before you start to use the Website. By accessing and using the Website or any online account you create on our Website, you accept without modification all of the terms, conditions, and notices contained in these Terms of Service. If you do not agree to these Terms of Service or the Nikki Sharp LLC Privacy Policy you must not access or use the Website.

1. Nature of Life Coaching Relationship. I understand that life coaching is not a substitute for counseling, psychotherapy, mental health care, or substance abuse treatment, and I will not use it in place of any form of therapy. I understand that my coach does not claim to be a licensed medical or mental health professional of any kind. If I am currently under the care of a mental health professional, it is my responsibility to consult with that person regarding the advisability of working with a life coach and to make that person aware of my decision to proceed with life coaching. If at any time I feel the need for professional counseling or therapy outside of working with the Company, it is my responsibility to seek a licensed professional to provide such services. I also understand that life coaching is not a substitute for professional advice by legal, medical, financial, business, or other qualified professionals. I am responsible for seeking independent professional guidance in these specialized areas. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and actions regarding them are my responsibility.

2. Assumption of Risks. I understand that participating in life coaching entails risks and challenges associated with an intensive program of personal development, including, by way of example, physical, mental or emotional distress that mayaccompany significant life changes. By reviewing this Agreement, I am freely and voluntarily assuming the risks arising from my participation in life coaching (including risks that cannot be foreseen at this time). I take full responsibility for my personal health and well-being, my actions and decisions, and my personal care during my coaching engagement and thereafter.

3. No Guaranteed Outcomes. I understand that coaching outcomes can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the coaching process. Coaching does not guarantee that I will take any specific action and does not offer any guarantee of success. As such, I understand that the Company makes no guarantee, representation or warranty of any nature or kind that coaching will be effective or will result in any particular outcome. I agree that I will not hold the Company or my coach responsible, in whole or in part, for any result that I do or do not achieve.

4. Waiver and Release of Liability. On my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, I hereby WAIVE, RELEASE AND FOREVER DISCHARGE the Company, Nikki Sharp in her individual capacity, and each of the Company’s Authorized independent contractors, employees, successors, beneficiaries and assigns (collectively, the “Sharper Group”) from and against any and all claims, demands, losses, liabilities, damages and causes of action of any nature or kind that I have or may in the future have arising out of or in connection with my participation in coaching or any other educational programs or services or any advice, information, suggestion, or recommendation that I receive in connection therewith, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages and causes of action are referred to collectively herein as the “Released Claims”).

5. Agreement Not to Sue; Indemnity. In addition, on my own behalf and on behalf of my heirs, next of kin, family members,estate, beneficiaries, executors, administrators and representatives, I covenant and agree that (i) I will not institute or attempt to institute any legal action, arbitration, demand or proceeding against any member of the Sharper Group based upon any Released Claim, and (ii) I will indemnify, defend and hold harmless the Sharper Group and each of them 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 my obligations under this Agreement.

6. Modification of these Terms of Service. The Company may update or change the terms, conditions, and notices for the Website services from time to time in order to reflect changes in the services, changes in the law, or for other reasons as deemed necessary by the Company, in its sole discretion. My continued access to or use of the Website after any such change shall constitute my consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Website shall be subject to these Terms of Service, as modified from time to time.
7. Privacy and Personal Information. I may be required to register to use the Website. To set up an account, I may be required to provide information about myself. The Privacy Policy is hereby incorporated by reference into these Terms of Service. By reviewing to these Terms of Service, I am also agreeing to the Privacy Policy. In accessing and using the Website, I accept without modification all of the terms, conditions, and notices contained in the Privacy Policy.
8. User Account Responsibility. I acknowledge I will be given or create a password to access the Website. I am responsible for maintaining the confidentiality of my (new) account and my password. I am responsible for all activities that occur under my account, and I agree to notify the Company immediately of any unauthorized use of my account. The Company is not responsible for any loss that I may incur as a result of any authorized, or unauthorized person by my own choosing using my account or my password.
9. Prohibited Uses. I agree that I will not:

• Use the Website for any purpose that is unlawful or contrary to these Terms of Service;
• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
• Attempt to gain unauthorized access to any Website account, computer systems or networks associated with NS LLC or the Website;
• Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided for by NS LLC;
• Share login details with another person in the attempts to forgo payment or share private information provided by NS LLC relating to the Website or it’s services;
• Download any information, data, content, videos, for private or personal use;
• Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

10. Content Available on the Website. The Website and all content offered through it, including, but not limited to, text, third party applications, photos, graphics, the NS LLC and everything else I see, hear and use through the Website (the “Content”) are intended to provide information only and are solely for my personal and non-commercial use. I agree not to download videos, sublicense, transfer, or otherwise make available any of the Content to any third party for any reason, including personal purposes, commercial purposes or to another persons.
11. Intellectual Property Notices. The Content and Website are protected by copyrights, or are subject to other proprietary rights. This means that anyone using the Website is not permitted to use the Content in any manner, except as expressly permitted by NS LLC in this Terms of Service Agreement, or similar agreements of others who have licensed their content to NS LLC, as expressly permitted by those other parties’ respective Terms of Service or similar agreements. Also, any of the content (which are commonly referred to as “content”) that appear on the Website are owned by the Company. The content may not be used in any manner without the prior permission of the owners. I acknowledge and agree that I am solely responsible for complying with the applicable restrictions on use of any and all of the Content and trademarks that I see, hear, and use on the Website. I understand that any unauthorized use of the trademarks or Content would result in irreparable injury to the Company for which money damages would be inadequate and in such event NS LLC will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. I further agree to hold NS LLC harmless and to indemnify NS LLC for any and all direct or indirect damages that do arise as a result of any violation of any applicable policy caused by me, with intention or unintentional. NS LLC may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Website, including pages that are part of the Website. Except as expressly provided in these Terms of Service, the provision of NS LLC’s services and the furnishing of such pages to you do not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
    
    12. Use of Likeness. By joining the Website, I acknowledge and agree to grant Nikki Sharp LLC the right to record, film, live stream, photograph, or capture my likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any payment to me. This grant to Nikki Sharp LLC includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media. I understand Nikki Sharp LLC will never share anything that puts my private life in risk, harms my persona, and at any time I can ask the Company to remove any likeness that has been used. I acknowledge my interest in receiving Services was partially due to reading and/or viewing other client’s testimonials, and as such, I agree that the Company has no ill intent when using media that contains my likeness.  
12. Termination and Restriction of Access. In its sole discretion, the Company may terminate or suspend my access to the Website for breach of these Terms of Service or inactivity, or for any reason it deems appropriate. Any cancellation or termination by me or the Company shall not relieve me of any obligations to pay fees accrued prior to such cancellation or termination. The Company shall not be held responsible for credit card or payment chargebacks resulting in termination, and in the case I do pursue a chargeback, I acknowledge the Company will provide all evidence necessary to recover lost monies, including interest. I understand that I am free to terminate my coaching engagement and access to the Website at any time, butI will not receive a refund for outstanding or pre-paid fees.
13. Governing Law and Jurisdiction. These Terms of Service are governed by the laws of the State of Florida, U.S.A. I hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Miami, Florida, U.S.A. in all disputes arising out of or relating to the use of the Website.
14. Limitation on Time to File Claims. Any cause of action or claim I may have arising out of or relating to these Terms of Service or the Website must be commenced within six (6) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
15. Refund Policy.   Unless otherwise stated, all items and programs purchased are 100% non-refundable and returns will not be accepted. Under its sole discretion, the Company will continue to charge me if I stop attending Services and/or using the Website and no refunds will be made for prior Services performed.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT BY REVIEWING THIS AGREEMENT, I AM WAIVING AND RELEASING IMPORTANT LEGAL RIGHTS.