THE BUDGIE ACADEMY LLC

FULL COACHING SERIES TERMS AND CONDITIONS

Before you embark on your journey with us, it’s important we go over the agreement between you (“Participant” or “You”) and The Budgie Academy, LLC (“Company”, “We”, or “Us”). By purchasing access to and registering for any of our private 1-on-1 coaching offerings (the “Program”), you are agreeing to the terms and conditions outlined below (the “Agreement”). This document lays the foundation of our relationship, where both you and the Company are considered a “Party” to the agreement, and together, we’re referred to as the “Parties.” By clicking “I Agree” or any similar acknowledgment at the time of sign-up or purchase, you confirm your acceptance of all the terms and conditions outlined herein. If you do not agree to these terms, you must refrain from registering for our services and Program.

TERMS OF OUR AGREEMENT

1. SERVICES: By registering for the Program, Participant agrees to engage in 1-on-1 coaching services with a parrot behavior expert (the “Coach”) provided by The Budgie Academy, LLC. The services to be provided are those detailed on the sign-up and checkout pages of the Company’s website, for which the Participant is signing up for. These services may include:

• a predefined duration of the coaching relationship (12 weeks)
• a specified number of video conference calls (10 hours)
• email support; and
• additional resources as outlined under the program’s details on our sales page/website.

Participant acknowledges that the specific terms and details of these services listed on the Program signup/sales page are integral to this Agreement and are accepted upon completion of the registration process.

2. THE COACHING RELATIONSHIP: Coach agrees to serve as your parrot behavior consulting coach. Our Program is designed to help learn more about parrot behavior. To pursue these goals, both Client and Coach agree to work in alliance respective of our individual responsibilities as described below:

Coach’s Responsibilities: Coach agrees to:

• Remain committed to help Client learn about parrot behavior.
• Ask Client thoughtful questions designed to increase awareness.
• Give in-depth feedback, prioritize honest communication, and remain fully transparent.
• Teach Client techniques and provide resources designed to assist Client in achieving goals.

Client Responsibilities: Client agrees to:

• To show up to sessions on time and with an open mind,
• Client understands that coaching works when Client takes ownership for their progress and accomplishments, and
• Client agrees to show up for themselves, not only during scheduled sessions, but in between and after sessions (this is where you apply what you learn and implement changes!)

3. PAYMENT: The payment price for the coaching services is clearly listed on the sales page of the Program on the Company’s website at the time of registration. Client agrees to pay the specified amount in full as indicated on the sales page. Below is the list of coaching programs offered by the Company, and the corresponding fees you are signing up for:

• Full Coaching Series: $997

Client shall remit such payment to Coach by electronic transfer, or by such other method as mutually agreed upon by the Parties.

If Client fails to make any payment when due, Coach may, at its sole discretion, suspend or terminate the coaching services until full payment is received. Client shall remain liable for any unpaid amounts and any costs incurred by Coach in collecting such amounts, including but not limited to, collection agency fees and attorney’s fees.

REFUND POLICY: The Company aims to ensure satisfaction with its coaching services. The client may request a refund up to 24 hours prior to the first meeting and receive a full refund for the cost of the program, minus a $50 cancellation fee.

If the client is unsatisfied with their program, they may request a refund within seven (7) days of their onboarding meeting and receive a 50% refund of the total cost of the program. To initiate a refund, the Client must submit a written request to info@thebudgieacademy.com, stating the reason for the refund request. Upon approval, the Company will process the refund within ten (10) business days. Please note that refunds will not be issued for any Program that has been fully completed or if more than seven (7) days have passed since the first onboarding meeting. The Company reserves the right to deny a refund request if it determines that the Client has not complied with the terms and conditions of the Agreement or if the refund request is made in bad faith.

4. CLIENT SCHEDULING & NO-SHOWS: Client agrees to determine alongside Coach a time to meet for 1 on 1 sessions. Client further agrees to show up promptly and on time to all scheduled sessions with Coach. Client understands that if they fail to attend any sessions, they are not entitled to any prorated refund of the Program cost.

• Rescheduling Policy. Should Client determine they are unable to attend a scheduled session, notice must be provided at least 24 hours in advance. Failure to give advanced notice of need to reschedule shall result in Client owing Coach the full cost of the session. Coach has no obligation to reschedule any sessions due to Client’s failure to show up, without proper notice.

5. OWNERSHIP OF CONTENT & TOOLS/RESOURCES: In providing the services under the Program, the Coach may create or utilize various materials, tools, or resources including but not limited to designs, written content, video content, multi-media, and other creative outputs (“Content”). It is understood and agreed upon by both Parties that such Content, is not considered as “works made for hire.” As such, the Coach maintains exclusive ownership over all such Content, including all associated intellectual property rights such as copyrights and any other related rights (“IP Rights”), regardless of whether they were created during the Program or for any other purpose. This Agreement does not in any way imply a transfer or assignment of the aforementioned IP Rights to the Client. The Coach, however, grants the Client a limited, non-exclusive, and revocable license to utilize the Content for personal, non-commercial purposes. Any other use of the Content by the Client requires explicit written authorization from the Coach.

6. DISCLAIMERS: Client acknowledges that any information provided by the Coach and the Company is intended for general informational and educational purposes only and is not a substitute for professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified animal health provider with any questions you may have regarding a medical condition or the health and well-being of your pet. Never disregard professional veterinary advice or delay in seeking it because of something you learned from the services offerings provided by the Company. The Budgie Academy LLC, its affiliates, and contributors do not assume any liability for inaccuracies or misstatements about products or services. The Company makes no guarantees or representations regarding the outcomes or results you or your bird may achieve through participation in the Program. Outcomes are highly individualized and may vary significantly based on numerous factors, including but not limited to your adherence to the program elements, your bird’s specific circumstances, and other external factors beyond our control. Therefore, any testimonials, examples, or descriptions of past successes are not indicative of your potential results and should not be considered as a guarantee or assurance of any specific outcome. You acknowledge that your participation in the Program is at your own risk, and you bear full responsibility for your actions and decisions, both during and after your participation in the coaching services.

7. CONFIDENTIALITY: During the term of this Agreement and thereafter, both Coach and Client agree to maintain the strict confidentiality of any and all information disclosed by the other party in connection with the coaching services provided under this Agreement. This includes, but is not limited to, any personal, financial, or business information shared during the coaching sessions. Both Coach and Client agree not to disclose, reproduce, or use any such confidential information for any purpose other than the performance of their respective obligations under this Agreement. This confidentiality obligation shall survive the termination or expiration of this Agreement.

8. INDEPENDENT CONTRACTOR: The relationship between Coach and Client is that of an independent contractor, with no partnership, joint venture, or other relationship implied.

9. INDEMNIFICATION: The parties agree to indemnify, defend, and hold harmless each other and their officers, employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of the breach of any obligation, warranty, or representation by the other in this Agreement.

10. ASSIGNMENT: Neither Party may assign its rights, or delegate its performance, under this Agreement, except with the prior written consent of the other Party, which consent shall not be unreasonably withheld.

11. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding and agreement of the Parties with regard to the subject matter hereof, and supersedes all prior understandings, representations, alleged warranties, statements, negotiations or agreements, whether verbal or written, with respect to the subject matter of this Agreement.

12. SEVERABILITY AND NON-WAIVER: If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be deemed severable, and shall not affect the remaining provisions, which shall continue in full force and effect. The waiver of any provision of this Agreement by Coach will not operate or be interpreted as a waiver of any other provision, or waiver of the same provision on a subsequent date.

13. TERMINATION: This Agreement may be terminated by either Party upon ten (10) days written notice. Termination must be in writing via email and shall be deemed effective upon the date such notice is successfully sent. Upon termination of this Agreement, for any reason: (a) Coach shall provide no further Services to Client; and (c) the Parties shall return or destroy all Confidential Information received from the other party.

14. FORCE MAJEURE: Coach shall not be deemed in breach of this Agreement if Coach is unable to complete the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of a public enemy, death, illness, or the incapacity of Coach, or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond Coach’s control (collectively “Force Majeure Events”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing any services and shall propose revisions to the schedule for completion of the Program. The Client may opt to pause all services until Coach can resume work or may choose to begin Termination proceedings explained herein.

15. DISPUTE RESOLUTION & GOVERNING LAW: If any claim of dispute arising out of, or relating to, this Agreement is not settled promptly in the ordinary course of business, the Parties shall seek to resolve such dispute between them, first, by negotiating promptly in good faith. If the Parties are unable to resolve the dispute within twenty (20) business days (or such period as the Parties otherwise agree), then any such dispute shall be resolved by a binding arbitration in Middlesex, Massachusetts, conducted by a single arbitrator under the rules of the American Arbitration Association. The arbitrator must base his or her decision upon this Agreement and applicable law. If any legal action is necessary to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney fees, costs, and expenses. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any choice or conflict of law provision or rule.

If you do not understand or agree with any of these conditions, please do not sign up for this Program or any of our Coaching Programs.

If you require further clarification, please contact info@thebudgieacademy.com

The Budgie Academy, LLC.

867 Boylston Street

Suite 500

Boston, MA 02116

Email Address: info@thebudgieacademy.com