Terms and Conditions of Use

Effective date: 03/05/2024

 Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Early Career Physicians Institute digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by Early Career Physicians Institute (for any purpose), whether on a website hosted by Early Career Physicians Institute or a third-party website such as an online course platform or facebook.com (collectively “the Program”). 

Early Career Physicians Institute is owned and operated by Amna Shabbir Wellness Coaching LLC. The term "Early Career Physicians Institute" used henceforth refers to services provided by Amna Shabbir Wellness Coaching LLC, doing business as Early Career Physicians Institute. 

By visiting and using the websites, www.earlycareerphysician.com, www.dramnashabbir.com, or any other domain operated by Amna Shabbir Wellness Coaching LLC (“Websites”), you agree that you have read, understood, and agree to the following Terms and Conditions of Use (“TOU”) owned by Amna Shabbir Wellness Coaching LLC.

If you do not agree with these TOU, you may not use the Program.

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

  1.   Participants

To participate in the Program, you must be at least 18 years of age.

By accepting these TOU and participating in the Program, you represent and warrant that you meet all of these criteria. Some of the content in the Program may not be appropriate for children and the Company disclaims all liability for use by individuals under the age of 18.

If you wish to participate in another session or continuation of the Program in the future or purchase any other products or services from the Company, all terms of this Agreement will continue to apply unless superseded by another agreement in writing.

  1.   Payment 

The Company may require that you make a deposit payment prior to enrolling in the Program.  All deposits are non-refundable.

The fee for your selected Program must be paid in full before you begin the Program and receive access to the Company’s private membership website.

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise, the Program will not continue and we reserve the right to terminate your access to the Program and all Content immediately and permanently.

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

  1. Intellectual Property Rights   a)  Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”), is property of the Company and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b)  The Company’s Limited License to You

If you view, purchase, or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.  

This means you may view, download, print and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only. 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property.  Any unauthorized use of any materials found in the Program or Content shall constitute infringement.  

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others. 

Any trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

c) Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of ten (10) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

d) Your License to the Company; Use in Testimonials and Marketing. 

By posting or submitting any material during the Program, such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials and you are at least 18 years old. 

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Site and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason. 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program.  If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason. 

e) Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated, and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

4. Coach-Client Relationship

The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.

a) Your Coaches’ Responsibilities

  • Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.
  • Your coaches will provide individual guidance to group participants based on information provided to the coaches. 
  • Your coaches will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, private message or live group coaching call.
  • Your coaches will not be acting in any capacity as a medical doctor at any time. 
  • coaching relationship is not a substitute for psychological counseling or medical advice. It is your responsibility to seek professional help for such matters. 
  • Results in coaching are not guaranteed, and you enter into any program, including group or private coaching sessions, workshops, or community understanding that you are accountable for your outcomes. 
  • The Company cannot be held liable for the guidance provided. 
  • b) Your Responsibilities:
  • You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets, attending workshops, coaching sessions, and daily thought downloads.  
  • You agree that your relationship with the Company is that of a coach-client relationship and that no doctor-patient relationship has been established.
  • You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.

     5. Your Conduct

The Program is a “pitch-free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a race, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as essential oils, exercise DVDs, nutritional supplements, coaching services, or other products or services to Program participants unless you are authorized or requested to do so by the Company.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. 

You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

You are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other participants
  • Causing damage to any Company website or third-party forums operated by the Company
  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
  • Sharing private and proprietary information from other participants with anyone else 

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.  

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

6. Confidentiality

The coaching relationship is not legally bound by confidentiality. Nevertheless, the Company agrees to keep all information about the coaching relationship confidential except when disclosure is required by law, for example, if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others. You acknowledge that your communications with your coach are not covered by any doctor-patient privilege or other privilege.

Confidential information does not include information that: 

(a) was in the Company’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) the Company may be required by law to disclose.  

You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company. You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

The Company may record coaching calls, and workshops and share them in the Program, on the Company’s website, or third-party forums operated by the Company. 

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

Client Email Sharing and Verification Clause:

For coach professional development, we may share your email address with authorities like the International Coaching Federation (ICF) and similar organizations. This sharing is limited to email addresses only. You acknowledge and consent to potential contact from the ICF for verification purposes. Your privacy and confidentiality will be upheld following applicable laws and regulations.

 7. Username and Password

To access certain features of the Program, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. 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 the Company 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 Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program 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 the Company’s website Privacy Policy.

8. Live or In-Person Events

If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility or property. 

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend 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.

The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.

9. Termination

a) The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.

b) In the event of a participant/ client's termination request for the coaching program, the prepaid amount shall not be refunded unless under special consideration. Under such consideration, a percentage may be refunded after the deduction of operational costs, if deemed appropriate.

10. Personal Responsibility, Assumption of Risk, Release, Disclaimers. a)You represent and warrant to Releasees that you can safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous.  You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. b) You acknowledge that, by engaging with the Company for the Program, 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 the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by 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 the Company for the Program.

c)  Although Amna Shabbir is a medical doctor and other employees or contractors of the Company may be licensed healthcare professionals, your participation in the Program does not establish a doctor-patient or similar relationship of any kind between you, the Company, employees, or contractors of the Company, or Amna Shabbir, MD. 

d) The Program and Content provide information and education only and do not provide any financial, legal, medical, or psychological services or advice. None of the Program or Content prevents, cures, or treats any mental or medical condition.  The Program 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. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

e) Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

f) Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company 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.

g) The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company 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.

h) THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY 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 COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

i) THE COMPANY 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 PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

11. Security 

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company 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 Company are done at your own risk.

12. Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to its conflict of laws principles. The state and federal court nearest to Raleigh, North Carolina shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program 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.

13. Users Outside United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program 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.

14. Indemnification

You agree to defend, indemnify, release, and hold harmless the Company 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 not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program 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 the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

15. Force Majeure

The Company 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 the Company.

16. 1:1 Coaching Session Scheduling:
- Session Timeframe:
- Duration of Program: Your coaching sessions are intended to align with the duration of the specified program, e.g., a 12-week program or a 6-month program. Once the duration is completed, the remaining unscheduled sessions will be forfeited.

-Clients are encouraged to schedule and complete their 1:1 coaching sessions within this designated timeframe.

Scheduling Limitation: Coaching sessions must be scheduled and conducted within the program's duration. Any sessions not utilized within this period may be forfeited.


17. Access to Online Curriculum:

-Access Duration: Clients are granted 12-month access to the online curriculum associated with their enrolled program.

-Updates and Edits:  Clients will retain access to any updates or edits made to the online curriculum for the 12-month duration. However, please note that the coaching sessions themselves are subject to the specified program duration.

-Compliance and Understanding:
By engaging in our coaching services, clients acknowledge and agree to adhere to the scheduling guidelines outlined above. Failure to schedule and complete coaching sessions within the designated program timeframe may result in the forfeiture of unused sessions.

18. Coaching-on-the-Go Access via Voxer (only available for certain VIP client packages that include1:1 coaching:
-Communication Platform: Asynchronous Coaching access is facilitated through Voxer, a voice messaging app. This platform allows for asynchronous communication, enhancing the coaching experience.

-Response Time: While we strive to provide timely responses, please note that it may take up to 48 hours for our coaches to respond to messages on Voxer. Responses are sent during regular business hours, Monday to Friday, 9 am - 4 pm EST, excluding weekends, holidays, and periods of coach vacation. Please be aware that during holidays or when a coach is on vacation, response times may be longer. We appreciate your understanding.


-Maintaining Momentum: The intention behind Voxer communication is to foster continuous support, keeping the momentum going and helping you stay on track toward your goals throughout the program.


Client Responsibility:
By utilizing Voxer for asynchronous coaching access, clients acknowledge the expected response times and understand the value of maintaining communication to support their progress during the program.

 

19. Entire Agreement; Modifications

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of North Carolina 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 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.

The Company may change, modify or update these TOU at any time. Any access or use of the Program or Content by you after the Company 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, any form of coaching, and any workshops, you are providing the electronic equivalent of your signature and asserting that you have read, understood, and agreed to this entire document.