Terms & Policies

 

ENGAGEMENT RESERVATION POLICIES:

Default to Happy has a private Client Portal available to clients. All engagements are made through this portal. Clients may book each engagement as they see fit. However, you are strongly encouraged to book many of your sessions at one time once they become available, as dates and times fill quickly. Specific availability can not be guaranteed. Portal access is not to be shared with individuals outside of the Default to Happy network of clients. If this occurs; all rights, privileges and future engagements will be immediately cancelled without refund.


CANCELLATION POLICY:

Default to Happy reserves the right to reschedule a coaching engagement in case of personal emergency and will make every attempt to notify the client within a timely manner.

Cancellation or rescheduling initiated by client must meet the following guidelines:

In person (1:1): within 48 hours of scheduled engagement

In person (group): within 2 weeks of scheduled engagement

Virtual (1:1, group): within 48 hours of scheduled engagement

All cancellations are to be made through the private Client Portal or confirmation email. Cancellations made beyond the stated windows are non-refundable but can be rescheduled and must be initiated within 5 business days. Cancellations not rescheduled within 2 weeks may result in a loss of rescheduling privileges. The FIRST reschedule is available at no-charge. Subsequent rescheduling requests and cancellations will be assessed a $25 fee before resuming services. Patterns of cancellation will be assessed on an individual basis and may result in the loss of rescheduling privileges or the termination of all future services.

*For terms and conditions of all other engagements, please refer to your contract.

GRACE WINDOW POLICY:

Default to Happy enforces a strict fifteen minute client grace window for all 1:1 in-person and virtual engagements. Clients who have not entered the virtual conference room within the grace window will be considered a no-show. Clients who have not initiated a scheduled phone engagement within the grace window will be considered a no-show. No-shows will be assessed a $50 fee before resuming services. Patterns of no-shows will be assessed on an individual basis and may result in the loss of rescheduling privileges or the termination of all future services.


If something is standing in the way of you keeping your commitment to yourself, let me know so that I can assist in getting you back on track.


TECHNOLOGY:

Default to Happy has successfully integrated video conferencing technology into its practices. If you have selected virtual coaching supported through electronic device, please ensure that your system is updated, that you have downloaded the platform (if required), and are able to navigate the chosen platform as communicated in our agreement. Please note: you will not incur any charges to use the video platform. However, you are responsible for any data charges that you may incur based on personal data usage or web browsing plans.


MEDICAL CONCERNS:

Default to Happy offers apothecary and wellness enhancement options to all clients. These options include plant and earth based ingredients. Although these products are all natural - you are encouraged to seek the medical advice of a professional if you have health concerns. It is your personal right and responsibility to make educated decisions for you and your family.

These products are not intended to diagnose, treat, or prevent any disease, nor prescribe any course of therapy. Results may vary.

Neither the products nor statements regarding products used have been evaluated by the FDA.


REFUND POLICY

All sales are final and no refunds will be issued for events, digital products, physical products, courses, masterclasses, video trainings, coaching programs, or any other service provided by LAVITA JOHNSON / Default to Happy. By entering into a payment plan for services or products, you agree that there will be no cancellations - unless initiated on behalf of LAVITA JOHNSON and you agree to complete all installments resulting in full payment of service or product. In case of cancellation initiated on behalf of LAVITA JOHNSON, a refund shall be issued on a prorated scale deemed appropriate by LAVITA JOHNSON / Default to Happy.

Please read through all content prior to making your purchasing decision.


OVERVIEW:

The terms “we,” “us,” and “our” refer to LAVITA JOHNSON (SPEARS) d/b/a

Default to Happy. The term the “Site” refers to www.defaulttohappy.com. The terms “COMPANY,” “we,” “us,” refer t.  “User,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “service” refers to all blog posts, coaching packages, courses and digital products.
Use of www.defaulttohappy.com including all materials presented herein and all online services provided by LAVITA JOHNSON is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE:

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to business and life coaching and other information are subject to change. LAVITA JOHNSON and Default to Happy make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or free from error. LAVITA JOHNSON disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION:

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to LAVITA JOHNSON and Default to Happy will always be accurate and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES:

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE:

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION:

We will email you to confirm the placement of your order and with details concerning product delivery and services provided. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

PRODUCT DESCRIPTION:

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an inaccurate listing.

MATERIAL YOU SUBMIT:

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS:

We claim no intellectual property rights over the material you supply to LAVITA JOHNSON and Default to Happy. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to LAVITA JOHNSON and Default to Happy remains yours to the extent that you have any legal claims therein. You agree to hold LAVITA JOHNSON harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY:

The Site and Service contain intellectual property owned by LAVITA JOHNSON and Default to Happy including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service

Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS:

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY:

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, LAVITA JOHNSON AND/OR DEFAULT TO HAPPY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF LAVITA JOHNSON AND/OR DEFAULT TO HAPPY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LAVITA JOHNSON’S CUMULATIVE LIABILITY TO YOU EXCEED HALF OF THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM LAVITA JOHNSON AND/OR DEFAULT TO HAPPY, AND IF NO PURCHASE HAS BEEN MADE BY YOU, LAVITA JOHNSON’S CUMULATIVE LIABILITY TO YOU SHALL BE $0.

THIRD PARTY RESOURCES:

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with LAVITA JOHNSON and Default to Happy. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION:

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS:

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER:

This Agreement constitutes the entire agreement between you and LAVITA JOHNSON and Default to Happy pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by LAVITA JOHNSON and Default to Happy shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by LAVITA JOHNSON and Default to Happy.


PRIVACY POLICY

Default to Happy does not share personal information with third parties nor do we store any information about your visit to this website other than to analyze and optimize your content and reading experience through the use of cookies when applicable.

You can disable the use of cookies at anytime by changing your specific browser settings.

We are not responsible for republished content from this blog on other blogs or websites without our permission.

You may opt-out of future email communications by following the unsubscribe links in any of the emails delivered from Default to Happy. You may also request removal by sending an email to hello@defaulttohappy.com to be removed from the mailing list.