Terms of Service

Welcome to Rising Within LLC ("Rising Within," "we," "us," or "our").

These Terms of Service govern your use of our website, risingwithin-llc.com, and the services we provide.

By using our website or engaging our services, you agree to these Terms.

Please read them carefully. If you do not agree, do not use our website or services.

Description of Services

Rising Within is an Arizona-based educational, instructional, and developmental practice.

Services may include:

• K–12 tutoring services in 1:1, small group, and workshop formats

• ESA-funded and private-pay youth tutoring

• Adult coaching services in 1:1 and workshop formats

• Educational lesson plans, curriculum, workbooks, journals, and other resources made available through the Shop

• Future writing projects, including Rising Within: Still, I Rise into a Way of Being

Services may be delivered by Rising Within's founder and/or independent contractor coaches engaged by Rising Within LLC.

Specific services, pricing, and policies are described on the Services, Pricing, Getting Started, and related website pages. Those pages are incorporated by reference into these Terms.

Scope & Limitations

Rising Within is an educational, instructional, and developmental practice.

Rising Within services are not:

• Licensed mental health treatment

• Therapy or counseling

• Medical, psychological, or psychiatric services

• Diagnosis, evaluation, or treatment of any condition

• Licensed special education services

• A replacement for an IEP team or school-based support team

• Substance abuse treatment

• Crisis intervention

• Legal, financial, or tax advice

If you are experiencing a mental health crisis, contact a licensed mental health professional, your physician, local emergency services, or a crisis line such as the 988 Suicide & Crisis Lifeline.

If you have legal, financial, medical, or tax questions, consult an appropriately licensed professional.

By engaging Rising Within's services, you acknowledge that you understand the scope and limitations described above.

Eligibility

To engage Rising Within services:

• Adult coaching clients and adult workshop participants must be at least 18 years old

• Minor students must be enrolled by a parent or legal guardian

• Clients must be located where Rising Within is able to provide services

In-person tutoring is available across the White Mountains region of Arizona.

Online tutoring is available statewide in Arizona.

Adult coaching is available online throughout the United States and in person regionally when available.

By using Rising Within services, you confirm that you meet the applicable eligibility requirements.

Service Agreements & Payment

Ongoing services require a signed Service Agreement specific to the service being provided.

The Service Agreement may include:

• Service type

• Session schedule

• Rates

• Payment terms

• Billing cycle

• Coach or provider assignment, when applicable

• Cancellation and rescheduling terms

• Client, parent, or guardian responsibilities

• Any service-specific expectations

Your contractual relationship is with Rising Within LLC.

Services may be delivered by Rising Within's founder or by independent contractor coaches engaged by Rising Within LLC. Each contractor operates under a written agreement with Rising Within LLC addressing confidentiality, data handling, scope of authority, and intellectual property.

Your Service Agreement is with Rising Within LLC, not with the individual coach or contractor delivering the service.

This means Rising Within LLC remains responsible for service delivery, payment terms, and resolution of service concerns, even when a contractor coach is your day-to-day point of contact.

These Terms work alongside any Service Agreement you sign. If there is a conflict between these Terms and a signed Service Agreement, the signed Service Agreement controls for the specific service it covers.

In general, invoices are issued at the time of booking, and payment is due before or at the start of the appointment, except where ESA billing applies. For ESA-funded tutoring, invoices are provided to the Account Holder for submission through ClassWallet, and ESA payment follows ADE review and approval timelines.

Payment terms, rates, and engagement structures are listed on the Youth Pricing and Adult Pricing pages and are incorporated by reference into these Terms.

Cancellations, Refunds & Workshop Policies

Cancellation, rescheduling, refund, and workshop-specific policies are detailed on the Pricing pages, Getting Started page, and any signed Service Agreement.

By engaging Rising Within services, you agree to those policies.

In general:

• More than 48 hours' notice: full reschedule at no charge

• Between 24 and 48 hours' notice: 50% of the session rate may apply

• Less than 24 hours' notice or no-show: full session charge may apply

• Workshops: paid in advance and generally non-refundable unless otherwise stated in writing

Genuine emergencies are handled with care.

Repeated emergency claims may be subject to the standard cancellation policy.

For ESA-funded services, additional terms may apply if ADE or ClassWallet rejects an invoice. See the Youth Pricing and ESA Compliance pages for details.

ESA-Funded Services

Rising Within is an approved Arizona ESA vendor under:

Tutoring: Specific Subject

ESA-funded services are limited to eligible K–12 tutoring services within Rising Within's approved ESA scope.

ESA funds cannot be used for adult coaching, adult workshops, services for non-ESA students, religious or doctrinal instruction as the primary objective of a session, or services outside ESA program rules.

ESA families are responsible for maintaining ESA eligibility, understanding current ESA rules, uploading invoices through ClassWallet, maintaining sufficient ESA funds, and resolving any ADE or ClassWallet issues.

Rising Within does not control ESA approvals and cannot guarantee that ADE or ClassWallet will approve any invoice, service, material, or expense.

More detail is provided on the ESA Compliance page.

Intellectual Property

All content created by or on behalf of Rising Within is the property of Rising Within LLC unless otherwise stated in writing.

This may include:

• Lesson plans

• Curriculum

• Workbooks

• Journals

• Written materials

• Website content

• Brand identity

• Logos

• Photography

• Training materials

• Workshop materials

• Session materials

• Shop products

• Rising Within: Still, I Rise into a Way of Being

This content is protected by U.S. copyright, trademark, and other applicable intellectual property laws.

This also includes work created by independent contractors while delivering Rising Within services, when assigned to Rising Within LLC under the contractor's written agreement.

License for Purchased Materials

Lesson plans, workbooks, journals, curriculum materials, and other purchased resources are licensed to the purchasing household or individual for personal, non-commercial use only unless another written license is provided.

Purchased materials may not be:

• Copied or distributed beyond the purchasing household or licensed user

• Sold, sublicensed, or transferred to third parties

• Shared publicly online

• Used to create derivative works without written permission

• Used commercially

• Used in a school, business, co-op, paid group, or organization without a separate licensing agreement

Workshop and Session Content

Live sessions and workshops may not be recorded, photographed, transmitted, or shared by participants without written permission from Rising Within.

Materials provided during sessions or workshops are for the participant's personal use only unless otherwise stated in writing.

Memoir and Written Work

Standard fair use applies to Rising Within: Still, I Rise into a Way of Being and other published writing.

Larger excerpts, reproductions, adaptations, or commercial use require written permission.

User Conduct

By using Rising Within's website or services, you agree not to:

• Use Rising Within services for unlawful purposes

• Harass, threaten, abuse, or harm Rising Within staff, contractors, students, clients, or participants

• Violate the intellectual property rights of Rising Within or any third party

• Misrepresent your identity, eligibility, relationship to a student, or payment status

• Submit false, misleading, or fraudulent information for ESA billing or any other purpose

• Disrupt or interfere with the website's operation

• Attempt to access accounts, systems, forms, records, or website areas you are not authorized to access

• Record, photograph, or share session content without permission

Rising Within reserves the right to suspend or terminate services for violations of these conduct standards.

Disclaimers

Rising Within services are provided with care and professionalism, but outcomes are not guaranteed.

Rising Within does not guarantee that:

• Tutoring will result in specific grades, test scores, academic outcomes, or skill gains

• Coaching will result in specific personal, professional, relational, financial, or spiritual outcomes

• Workshops will produce specific results for participants

• ESA invoices, materials, or expenses will be approved by ADE or ClassWallet

• The website will be uninterrupted, error-free, or free of harmful components

Educational, developmental, and coaching work depend on many factors outside any single provider's control.

Rising Within commits to delivering services with preparation, structure, and care. Specific outcomes are not guaranteed.

Limitation of Liability

To the maximum extent permitted by law, Rising Within LLC, its members, employees, contractors, and affiliates are not liable for indirect, incidental, special, consequential, or punitive damages arising from or related to your use of Rising Within services or website.

This includes, but is not limited to:

• Lost profits

• Lost data

• Lost opportunities

• Emotional distress

• Personal injury

• Service interruptions

• ESA denial or payment delay

• Academic, personal, professional, or coaching outcomes

In the event of direct liability, Rising Within's total liability shall not exceed the total amount paid by you to Rising Within for services in the six months before the event giving rise to the claim.

This limitation does not apply where prohibited by law.

Termination

Rising Within may suspend or terminate services at any time for:

• Violation of these Terms

• Violation of a signed Service Agreement

• Non-payment or repeated payment issues

• False or misleading information

• Conduct that creates a safety risk

• Harassment, threats, or inappropriate behavior

• Misuse of ESA billing or documentation

• Other reasons stated in the Service Agreement

You may terminate services according to the terms of your Service Agreement.

Termination does not remove responsibility for services already provided, fees already owed, or obligations that survive termination.

Coach Assignment and Transitions

For adult coaching engagements, the assigned coach is identified at or before the start of service and may be listed in the Service Agreement.

If your assigned coach becomes unavailable, leaves the practice, or if a transition is requested, Rising Within may work with you to:

• Match you with another Rising Within coach whose focus areas fit your work

• Refer you to an appropriate provider outside Rising Within

• Conclude the engagement with no further session charges beyond services already provided

You are not required to continue with a replacement coach if the match is not right.

Privacy

Your use of Rising Within services is also governed by the Privacy Policy.

The Privacy Policy explains what information Rising Within collects, how it is used, how it may be shared, and what choices you have.

Governing Law and Disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

Any dispute arising from these Terms, the website, or Rising Within services shall first be addressed through good-faith communication between the parties.

If unresolved, disputes shall be brought in a court of competent jurisdiction in Navajo County, Arizona, unless an alternative resolution method is agreed to in writing.

Changes to These Terms

Rising Within may update these Terms from time to time.

When updates are made, the "Last Updated" date at the top of this page will be changed.

Material changes may be communicated to active clients by email.

Continued use of the website or services after changes are posted constitutes acceptance of the updated Terms.

Contact

Questions about these Terms may be directed to:

Rising Within LLC Email: contact@risingwithin-llc.com Phone: (928) 551-7316 Mailing Address: P.O. Box 643, Lakeside, AZ 85929