Terms & Conditions

Calm Mama Club Terms Of Use
Updated June 2024

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Darlynn Childress Coaching/Calm Mama Coaching or https://www.calmmamacoaching.com (“Website”) digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, video, enter any online private forums operated by Darlynn Childress (for any purpose), whether on a website hosted by Darlynn Childress or a third-party website such as an online course platform, Zoom.com or Facebook.com, participate in any workshop or challenge; attend any live event hosted or promoted by Darlynn Childress; and/or purchase or take part in any future service or activity offered by Darlynn Childress, whether now known or unknown (collectively “Childress Activities”).

If you do not agree with these TOU, you may not use the Website or its Content.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Darlynn Childress, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Childress”); (ii) any volunteers; and (iii) Darlynn Childress.

The Website, Content, and Childress Activities are intended and only suitable for individuals aged 18 and above. Some of their content may not be appropriate for children. Children under the age of 18 are not permitted to use the Websites or Content. Childress hereby disclaims all liability for use by individuals under the age of 18.

The Website and Content, and Childress Activities are intended for parents, as further explained in the Refund Policy below.

Calm Mama Club Month to Month Membership 

Fees. The fee for the Calm Mama Club is $30 a month. Dues begin at the time of enrollment. The client’s credit card on file will be charged every subsequent month on the same date this contract begins. 

Your membership will continue and automatically renew until terminated. To use the Calm Mama Club services you must have Internet access and provide Childress with one or more “Payment Methods”. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. 

You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).

Billing Cycle. The subscription fee for Calm Mama Club and any other charges you may incur in connection with your use of the program, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date based on your date of enrollment. The length of your billing cycle is monthly. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Contact hello@calmmamacoaching to find out your next payment date.

Payment Methods. To use Calm Mama Club assets and coaching, you must provide one or more Payment Methods. You authorize Childress to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to Childress for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, Childress may suspend your access to the service until they have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

Updating your Payment Methods. To update your credit card on file you will need to first log into your account on https://www.calmmamacoaching.com/login

• After logging in, click on the Customer Avatar in the top right corner of the page.
• Then, select Settings from the dropdown.
• Click Billing Info in the top right corner of the page.
• Click Update next to the currently listed credit card.
• Complete the prompt to enter the updated card information.
• Then, click Update Card to apply and keep the changes.

Username and Password. To access certain features of the Childress Activities, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If Childress has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Childress Activities to any other person, Childress has the right to suspend or terminate your account and refuse any and all current or future use of the Childress Activities or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of Childress’s website Privacy Policy.

Security. Security for all personally identifiable information is extremely important to Childress. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and Childress which may be unlawfully intercepted by third parties not under our control. Childress does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Childress are done at your own risk.

Refund and Cancellation

No Refunds. There are absolutely no refunds on Coaching or the Calm Mama Club. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, Childress may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at Childress’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate Childress to provide credits in the future, under any circumstance.

Cancellation. You can cancel your membership at any time, and you will continue to have access to the Calm Mama Program program through the end of your billing cycle. To cancel, submit your request via our cancellation request form. All monthly memberships require a minimum of 30 days written notice prior to next billing date to assure cancellation of automatic payments. Cancellation requests submitted within the 30 day billing cycle will result in a final payment drawn from your account on your established auto draft date. 

If you cancel your membership, your account will automatically close at the end of your current billing period. Once final payment has been drawn from your account, you will have 30 days from the last bill date to use the program. It is your responsibility to provide written notice 30 days in advance of your next billing date. There will be no refund issued once a payment has been charged to your credit card.  

How To Cancel. You can manually cancel your subscription from your account by following the steps below.

• Log in to your account.
• Click on their Avatar from the page header.
• Select Settings from the dropdown.
• Click Billing Info in the top right of the page
• Select the Cancel button
• After you click Cancel, you will be prompted to confirm your cancellation.
• Once confirmed, you will lose access to The Calm Mama Club at the end of the current billing cycle.

Changes to the Price and Subscription Plans. Childress may change the subscription plans and the price of the Calm Mama Program from time to time. Childress will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.

NonPayment. If you fail to pay any amount when due under this agreement, Childress shall be entitled to suspend or cancel your membership and to require your to immediately pay all past due balances. Suspension or cancellation shall not relieve you from the obligation to pay any unpaid balances. 

Coaching 

Coaching is a collaborative process with an ongoing relationship between the Client and Childress. Coaching services may include values clarification, brainstorming, examining patterns in life, identifying plans of action, the asking of clarifying questions and the making of empowering requests. 

Coaching is a potentially powerful alliance designed to help the client achieve specific, identified goals. Coaching may address specific parenting and other relationships, personal projects, life successes, and/or general conditions in a client's life or profession. 

The coaching experience supports the Client in establishing new behaviors. The coaching relationship is strengths-based, forward-looking, and collaborative. The coaching agenda is developed and implemented in partnership between the Client and Childress. The role of Childress is to help the Client progress toward achieving a goal. 

• The Client and Childress agree to engage fully in the coaching experience. 
• The Client recognizes that coaching is not therapy, counseling, or consulting. Life coaching services are not offered as a substitute for mental health care. Childress is not acting as a psychotherapist and does not purport to offer mental healthcare. 

Confidentiality

Childress is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege. 

Childress agrees to keep all conversations and information with the Client private and confidential, as allowable by law. No personal information will be shared with anyone without the Client’s express permission. Exceptions may be made if there is an imminent threat of serious injury to oneself or someone else. 

Private sessions: The conversations that we have within our private coaching sessions are confidential and will be protected as such unless you’ve agreed to have the session recorded and posted in the Calm Mama Club portal or other video storage platform (eg. Vimeo). Information will be shared outside of our sessions only with your written consent or in the instances listed below. 

Group sessions: The conversations we have within the group coaching sessions are not strictly confidential. Those present on the call, as well as participants who receive recordings of group calls, will have access to information you share during the group coaching session. All parties agree to take all reasonable measures to ensure confidentiality but participants should only share information they feel comfortable revealing to other members of group coaching sessions. 

Confidential information does not include information that:

• (a) was in the Childress’s possession prior to your participation in the Program;
• (b) is generally known to the public or in your circle of friends and family and co-workers; or
• (c) Childress may be required by law to disclose. 

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Childress’s website or any third-party forums operated by Childress, without permission. If Childress discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program and Content. Childress, in our discretion, may issue a refund.

Coaching Commitment 

By entering into this relationship, the Client and Childress acknowledge that the Client desires to make a behavioral change or some type of improvement in his or her life. Behavioral change often takes time to implement and sustain. The pace of change is uncertain and varies amongst individuals. 

The client is fully responsible for their well being during, after and between coaching calls. Childress  will provide suggestions and the client takes responsibility for the decisions and actions they take. 

The client's results depend on their openness to being coached and their willingness to do the work. If the client believes the coaching is not working as desired, the client will communicate that belief with Childress immediately. Childress and the client will work together to design a plan to get the value out of the coaching experience. 

Childress may provide links to other websites or written print material. This does not constitute an endorsement of material. Childress is not liable for any incident or consequential damages resulting from use of the material. The client will in no way hold Childress liable or responsible for any actions taken during or after this coaching relationship.

Rules

You agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Childress through its employees, representatives or agents and to abide by any decision of any Childress staff or volunteers, or Childress vendors or contractors, relative to your ability to safely participate in or attend Childress Activities.

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to Childress or other Childress Activities participants
• Causing damage to any Childress website or third-party forums operated by Childress
• Using any Childress website or third-party forums operated by Childress for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any Childress website or third-party forums operated by Childress to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any Childress website or third-party forums operated by Childress to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any Childress website or third-party forums operated by Childress
• Using any Childress website or private forum or third-party forums operated by Childress, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Participants without receiving their advance permission
• Sharing private and proprietary information from the Childress Activities with anyone else

If, in Childress’s sole discretion, your conduct violates these TOU in any way, you agree that Childress may immediately and permanently terminate your participation in Childress Activities and Content, and remove you from private Facebook groups or other third-party forums operated by Childress. Upon termination of your participation, it is in our sole discretion to decide whether you will receive a refund.

Appropriate Behavior Dismissal Without Refund. You understand and agree that you are expected to exhibit appropriate behavior at all times while at any live, in-person Childress Activities and to obey all local, state and federal civil and criminal laws while participating in or attending Childress Activities. This includes, generally, respect for other people, equipment, facilities or property.  Childress may dismiss you, without refund, should your behavior endanger the safety of or negatively affect Childress Activities or any person, facility or property. 

Safety. You agree that you are able to safely participate in the Childress Activities and have no medical condition that would make your participation in Childress Activities more hazardous.

Consent To Medical Care. You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Childress, volunteers or medical professionals may deem appropriate and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

Damage Or Theft Of Property. You understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at or during Childress Activities.

Consumption of Alcohol or Other Intoxicants. You agree not to consume alcohol or any other intoxicant prior to Childress Activities that involve physical exercise or activity, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in such Childress Activities. If you choose to consume alcoholic beverages or other intoxicants prior to, during, or after any other Childress Activities, you agree you will do so responsibly, and only if you are over the age of twenty-one (21).

TERMINATION

Childress reserves the right in its sole discretion to refuse or terminate your access to the Childress Activities and Content, member portal, as well as private Facebook groups operated by Childress, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Childress Activities or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Childress Activities and its Content will still apply now and in the future, even after termination by you or Childress.

In the event you are not meeting milestones in any Childress Activities or Childress determines you are not likely to achieve your desired results, Childress may, in its sole discretion, give you the option to either terminate your participation in any Childress Activities with a full or partial refund, or continue to participate in any Childress Activities with an express forfeiture and waiver of any future opportunity to request a refund.

PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, RELEASE, DISCLAIMER

• (a) You acknowledge that, by engaging with Childress for any Childress Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in any Childress Activities, whether or not caused by the active or passive negligence of the Releasees.
• In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Childress for the Childress Activities.(b) The Childress Activities and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Childress Activities or Content prevents, cures or treats any mental or medical condition.  The Childress Activities and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results.  You should consult with a professional if you have specific questions about your own unique situation.  Childress disclaims any liability for your reliance on any opinions or advice contained in the Childress Activities.
• (c) Results Disclaimer. You agree that Childress has not made and does not make any representations about the results you may receive as a result of your participation in the Childress Activities.  Childress cannot and does not guarantee that you will achieve any particular result from your use of the Childress Activities, and you understand that results differ for each individual.
•  (d) Any links to third-party products, services, or sites are subject to separate terms and conditions. Childress is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Childress may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
• (e) Childress tries to ensure that the availability and delivery of the Childress Activities and Content is uninterrupted and error-free. However, Childress cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
•  (f). THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE CHILDRESS ACTIVITIES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHILDRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHILDRESS DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CHILDRESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CHILDRESS ACTIVITIES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE CHILDRESS ACTIVITIES.

LEGAL DISPUTES

THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS. THE NEAREST STATE AND FEDERAL COURT TO AGOURA HILLS, CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY CASE OR CONTROVERSY ARISING FROM OR RELATING TO THE CHILDRESS ACTIVITIES OR CONTENT, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY OR THESE TOU. BY USING THE CHILDRESS ACTIVITIES OR CONTENT, YOU HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS AND CONSENT IRREVOCABLY TO PERSONAL JURISDICTION IN SUCH COURTS AND WAIVE ANY DEFENSE OF FORUM NON CONVENIENS. THE PREVAILING PARTY IN ANY DISPUTE BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THESE TOU, WHETHER RESOLVED BY NEGOTIATION, MEDIATION, OR LITIGATION, SHALL BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND COSTS FROM THE OTHER PARTY.

USERS OUTSIDE UNITED STATES. Childress controls and operates the Childress Activities from offices in the United States. Childress does not represent that materials in the Childress Activities are appropriate or available for use in other locations. People who choose to access the Childress Activities from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

INDEMNIFICATION. You agree to defend, indemnify, release, and hold harmless Childress and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Childress Activities or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Childress’s website or any third-party forum or website operated by Childress, (iv) your use of materials or features available in the Childress Activities or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Childress) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

FORCE MAJEURE Childress will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Childress.

ENTIRE AGREEMENT, SEVERABILITY, MODIFICATION, AND WAIVER

This agreement constitutes the entire agreement between you and Childress with respect to the Childress Activities, Content and Website and supersedes all prior, contemporaneous written or oral communications between you and Childress regarding the Childress Activities, Content and Website. If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Childress may change, modify or update these TOU at any time. Any access or use of the Childress Activities or Content by you after Childress publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected].

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content