Updated 19. October 2018
RED DOT STAGE IS A BRAND OF ELENA HERDIECKERHOFF
In the clauses below - Red Dot Stage is a brand of Elena Herdieckerhoff and Elena Herdieckerhoff is sole legal representative.
4. MATERIAL DELIVERY 4.1 Client calls (video or audio) are made using ZOOM (https://zoom.us/terms). Recordings will be stored on Dropbox and a link of the call recording will be via email. Client needs to download the recording within 7 days, as the recording will be deleted from our database. ELENA HERDIECKERHOFF has taken all necessary and reasonable steps to ensure that the content will be available at all times for the duration of the Program, but in the event that such content should become unavailable in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, ELENA HERDIECKERHOFF shall have no liability in any circumstances.
6. COMPENSATION. 6.1 Client has the option of paying either in full as an upfront payment or in monthly instalments. If Client chooses to start at a later date, Client has the option to reserve a spot by making a non-refundable “reservation fee” payment. This fee will be deducted from the future program payment - either from the full payment or from the first payment of the payment plan. If Client chooses, for whatever reason, not to purse the program and chooses not to make the pending program payment(s), the reservation fee is non-refundable.
9. REFUNDS 9.1 There are strictly no refunds offered. It is recommended that Client reaches out to ELENA HERDIECKERHOFF with any questions before signing up to make sure Client fully understands the scope and content of the Program. Client is always responsible for making timely payments.
11. CANCELLATION 11.1 Clients on payment plan are not allowed to cancel their payment plan.
13. NO TRANSFER OF INTELLECTUAL PROPERTY. 13.1 ELENA HERDIECKERHOFF’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from ELENA HERDIECKERHOFF electronically or otherwise without the prior written consent of the ELENA HERDIECKERHOFF. All intellectual property, including ELENA HERDIECKERHOFF’s copyrighted Program materials, shall remain the sole property of the ELENA HERDIECKERHOFF. No license to sell or distribute ELENA HERDIECKERHOFF’s materials is granted or implied. 13.2 Digital Storage Release. By participating in ELENA HERDIECKERHOFF’s Programs and using Program Materials, Client fully consents to photos, images, videos, and/or call or video recordings that may be made that may contain Client’s first name, image, voice or likeness to be stored on digital storage services such as Dropbox or ZOOM Cloud Recording Storage.
14. LIMITATION OF LIABILITY. 14.1 By using ELENA HERDIECKERHOFF’s services and enrolling in the Program, Client releases ELENA HERDIECKERHOFF, officers, employers, employees, directors, related entities, trustees, affiliates, and successors from any and all damages that may result from anything and everything. The Program is only an educational, coaching and/or consulting service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s). 14.2 Client agrees that ELENA HERDIECKERHOFF will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages which occurs from the use or misuse of ELENA HERDIECKERHOFF’s services or enrolment in the Program. Client agrees that use of ELENA HERDIECKERHOFF’s services and enrolment in ELENA HERDIECKERHOFF’s Program is at Client’s own risk.
(a) Email Disclaimer: E-Mails, which are sent by ELENA HERDIECKERHOFF, are destined exclusively for the addressee. Their content is strictly confidential. The Client is requested to notify the sender immediately. ELENA HERDIECKERHOFF takes all reasonable precautions to prevent the transmission of computer viruses. However, ELENA HERDIECKERHOFF cannot be held liable for any damages caused by computer viruses and requests Client to verify emails for viruses before reading them, especially before opening any attachments. Duplication, publication or transmission of the content of such emails is illegal unless explicitly authorized by the sender.
(b) Earning Disclaimer: When addressing financial or earning matters in any of ELENA HERDIECKERHOFF’s sites, programs, videos, social media sites, Facebook Groups, newsletters, autoresponder emails, guest posts on other websites, coaching/consulting calls, group programs or other content that ELENA HERDIECKERHOFF can provide, ELENA HERDIECKERHOFF has taken every effort to ensure ELENA HERDIECKERHOFF accurately represents ELENA HERDIECKERHOFF’s offering and its ability to improve Client’s business and life. However, there is no guarantee that Client will get any results or earn any money using any of ELENA HERDIECKERHOFF’s suggestions, ideas, tools, strategies or recommendations. Nothing stated on or in ELENA HERDIECKERHOFF’s sites, products, programs or services is a promise or guarantee of earnings. Client’s level of success in attaining similar results is dependent upon a number of factors including skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, ELENA HERDIECKERHOFF cannot and does not guarantee Client’s success, income level, or ability to earn revenue in any shape or form. Client alone is responsible for his/her actions and results in life as well as in business. Any forward-looking statements outlined on ELENA HERDIECKERHOFF’s Sites, products, programs and services are simply ELENA HERDIECKERHOFF’s opinion and thus are not guarantees or promises for actual performance.
c) No Professional Advice Disclaimer: The information contained in or made available through ELENA HERDIECKERHOFF’s sites, programs, videos, emails, social media posts, program materials, videos, coaching calls, conference calls or other cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, Client should regularly consult a doctor and/or health care provider in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. ELENA HERDIECKERHOFF and ELENA HERDIECKERHOFF’s licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither ELENA HERDIECKERHOFF nor ELENA HERDIECKERHOFF’s partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. Client alone is responsible and accountable for Client’s decisions, actions and results in life, and by purchasing ELENA HERDIECKERHOFF’s products, programs and services of any kind, Client agrees not to attempt to hold ELENA HERDIECKERHOFF liable for any such decisions, actions or results, at any time, under any circumstance.
(d) Testimonials Disclaimer: The personal experiences by user comments and testimonials on ELENA HERDIECKERHOFF’s websites are not a guarantee of what Client should expect to experience. Although ELENA HERDIECKERHOFF and/or his/her affiliates, facilitators, companies and representatives accepts all testimonials in good faith, ELENA HERDIECKERHOFF and/or his/her affiliates, facilitators, companies and representatives have not independently examined the specific personal results of any of ELENA HERDIECKERHOFF’s coachings, programs, retreats, teleclasses and video participants, and therefore has not verified that any specific experiences, improvements, changes or results quoted therein. These results may or may not be typical, and Clients results or experiences, if any, will vary and there is a risk that Client will not make any changes at all, or experience what Client believes s/he should experience. Again, whatever changes in Clients life that Client makes as a result of ELENA HERDIECKERHOFF’s coaching/consulting, online courses, programs, services, opt-in materials, retreats, teleclasses, webinars and videos and all other offerings is totally up to Client based on the factors stated in the Disclaimers above.
(e) Website Disclaimer The information contained on ELENA HERDIECKERHOFF’s websites and programs is for general information purposes only. The information is provided by ELENA HERDIECKERHOFF and while ELENA HERDIECKERHOFF endeavours to keep the information up to date and correct, ELENA HERDIECKERHOFF makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, programs, services, or related graphics contained on the website for any purpose. Any reliance Client places on such information is therefore strictly at Client’s own risk. In no event will ELENA HERDIECKERHOFF be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Furthermore, ELENA HERDIECKERHOFF does not warrant that any of the functions available on ELENA HERDIECKERHOFF’s websites will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs or other forms of malware. Client hereby fully acknowledge that it is Client’s responsibility to implement sufficient procedures and virus checks (including anti-virus, malware and other security checks) to ensure Client’s particular requirements and safety. Through ELENA HERDIECKERHOFF’s website or other information material provided by ELENA HERDIECKERHOFF in any form (video, audio or text files) Client is able to link to other websites which are not under the control of ELENA HERDIECKERHOFF. ELENA HERDIECKERHOFF has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Every effort is made to keep ELENA HERDIECKERHOFF’s websites up and running smoothly. However, ELENA HERDIECKERHOFF takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond ELENA HERDIECKERHOFF’s control.
(f) Financial & Legal Advice Disclaimer: The content of any of ELENA HERDIECKERHOFF’s websites, programs as well as any blog posts, newsletters, autoresponders, guest posts on other websites or posts on social media, videos, calls, webinar or other by ELENA HERDIECKERHOFF are provided as general information only and should not be taken as investment advice. ELENA HERDIECKERHOFF recommends Client handles finances with care and recommends to always consult with legal and finance professionals before making any financial or investment decisions.
(g) Technology Disclaimer. ELENA HERDIECKERHOFF tries to ensure that the availability and delivery of Programs and Program Materials is uninterrupted and error-free, including content and communications through methods like Website, private Facebook group, e-mail communications, live coaching calls, recorded videos, audios, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable video files, downloadable PDF, downloadable PDF handouts/slides, special handouts, ebooks or other text content, or any other materials provided by ELENA HERDIECKERHOFF to Client. However, ELENA HERDIECKERHOFF cannot guarantee that access is always available and that there may occasionally be some form of suspension or restriction, which may be due to necessary repair or maintenance work or other technical challenges. ELENA HERDIECKERHOFF will endeavor at all times to keep the timeframe for unavailability of service or access as short as possible. To the fullest extent permitted by law, ELENA HERDIECKERHOFF will not be liable for damages or refunds, or for any other recourse, should any Programs or Program Materials become unavailable or access to the them becomes slow, restricted or incomplete due to any reason whatsoever.
(h) Warranties Disclaimer. ELENA HERDIECKERHOFF MAKES NO WARRANTIES AS TO THE PROGRAM OR PROGRAM MATERIALS. CLIENT AGREES THAT PROGRAM & PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE GERMAN LAW, ELENA HERDIECKERHOFF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELENA HERDIECKERHOFF DOES NOT WARRANT THAT THE PROGRAM OR PROGRAM MATERIALS WILL BE WITHOUT POTENTIAL ERRORS OR THAT ANY OF THOSE ERRORS WILL BE REMEDIED OR THAT WEBSITE, EMAIL OR OTHER CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELENA HERDIECKERHOFF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF PROGRAM, PROGRAM MATERIALS OR ON OTHER WEBSITES OR SOCIAL MEDIA IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE
(I) TEDx DISCLAIMER: Our coaching program is in no way affiliated with, endorsed by, sponsored by or otherwise linked to TEDx or the TED organization.
(J) SPECIAL PROGRAM DISCLAIMER: Under no circumstances do we guarantee that Client can or will land a TEDx speaking gig as a result of our program. Whether or not our client succeeds to land a TEDX Talk is 100 % the responsibility of the Client and the failure to secure such a talk is not in our hands and no responsibility of any kind can or will be taken by ELENA HERDIECKERHOFF. ELENA HERDIECKERHOFF can under no circumstances be made liable- in any form whatsoever -for client’s failure to secure a TEDx Talk.
(K) SPECIAL TEDx YOUTUBE VIDEO UPLOAD DISCLAIMER: Under no circumstances do we guarantee that Client’s TEDx talk video that is recorded by their TEDx event organisers will be ratified and uploaded on YouTube by the TED/TEDx organisation. In the event that the TED/TEDx organisation should refuse to upload Client’s TEDx Talk video for any reason whatsoever, no responsibility of any kind can or will be taken by ELENA HERDIECKERHOFF. ELENA HERDIECKERHOFF can under no circumstances be made liable- in any form whatsoever -for the refusal of the TED/TEDx organisation to upload Client’s TEDx Talk video to their TEDx YouTube Channel.
16. COACHING PROGRAM RULES. 16.1 To the extent that Client interacts with ELENA HERDIECKERHOFF staff and/or other ELENA HERDIECKERHOFF clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients.
In addition to the general Terms & Conditions, the following terms apply for Clients of ELENA HERDIECKERHOFF:
Any program purchased has to be completed within a maximum timeframe of 6 months after the first date of payment. Any sessions not taken within that timeframe will automatically expire without any compensation, unless written permission has been provided by ELENA HERDIECKERHOFF to extend the timeframe.
Client will be booking sessions using the software Acuity Scheduling. Client has the possibility to book or alter dates up to 24 hours before the start of each session.
Typical call duration is 60 minutes. Client is expected to be on time and fully prepared for the coaching call.
If Client cancels a planned sessions less than 24 hours before the commencement of the session, Coach reserves the right to not offer a replacement session. If 3 or more sessions are cancelled less than 24 hours before the commencement of sessions, ELENA HERDIECKERHOFF reserves the right to terminate the coaching program without refunds.
Client agrees to download ZOOM session recordings within 7 days of receipt of the link via email or Dropbox. If Client fails to do this, ELENA HERDIECKERHOFF is not expected or liable to produce a copy.
Coaching sessions are held via Zoom video calls. In person sessions are not the norm and need to be confirmed by ELENA HERDIECKERHOFF in writing if they can be made available.
Communication outside of coaching calls is restricted to email. Client can reasonably expect an answer within 24-48 hours Monday to Friday. No response should be expected on weekends.
Client agrees to complete any outside “homework” in a timely fashion to make best use of the program and coaching sessions.
ADDITIONAL RULES FOR SHINE & STAR PACKAGE
If Client has chosen the STAR Package TEDx scripting services, two weeks are required after the Content Intake Call to develop the first draft.
Both packages include 2 rounds of editing after the first draft is presented to Client. Any additional requests for changes will come with a separate service charge or Client is welcome to make further changes on their own.
ADDITIONAL RULES FOR QUICK START PACKAGE
For the QUICK START package, one round of edits / feedback is included.
Client agrees to not hire or contract Red Dot Stage TEDx Speechwriters outside of ELENA HERDIECKERHOFF’s Red Dot Stage services.
17. NOT SUBSTITUTE FOR PSYCHOLOGICAL OR MEDICAL TREATMENT. 17.1 Client acknowledges that ELENA HERDIECKERHOFF is not acting in the role of psychotherapist and agrees to be mindful of his/her own well-being during the Program and seek medical treatment (including, but not limited to psychotherapy), if needed. ELENA HERDIECKERHOFF may make an appropriate referral to a licensed professional if it is determined psychotherapy and/or medical treatment is more appropriate or additional than/to coaching or self-study services. ELENA HERDIECKERHOFF is not responsible for any decisions made by Client as a result of taking any of ELENA HERDIECKERHOFF’s programs or services and/or any consequences thereof.
18. USE OF PROGRAM MATERIALS. 18.1 Client consents to recordings being made coaching calls and any other form of online or virtual interaction of the Program.
20. NON-DISPARAGEMENT. 20.1 In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.