Terms and Conditions
Please READ Carefully By purchasing participation in this program you expressly (herein referred to as “Client”) agree to the follow terms stated herein.
Rosanne Austin agrees to provide client with individual access to the group coaching program called The Fearlessly Fertile Mindset Reset™ (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their use of the Program.
Client understands Rosanne Austin (herein referred to as “Consultant,” “Coach” or “Rosanne”), is not an employee of Client, or acting as Client’s agent, lawyer, doctor, manager, therapist, business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Client understands their use of this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their licensed physician or other practitioner as determined by their own judgment. Client acknowledges and understands that Coaching is not therapy. Client acknowledges that Coach does not, and will not provide any medical, legal, accounting, psychological, behavioral, or other advice or counseling. Client further acknowledges that Coach has made no such representation in any interaction that would lead Client to believe that Coach has undertaken to do so. Client expressly agrees to hold Coach harmless against any allegations or claims that Coach has done so. Client is responsible for monitoring their own well being during use of the Program and Coach is not responsible for decisions made by Client as a result of the coaching or the Program and any consequences thereof. Client understands that a coaching relationship does not exist between the parties simply by making use of this product. Client understands and acknowledges that Rosanne Austin is only obligated to provide access to the product/program described below.
- The Fearlessly Fertile Mindset Reset™ is an 8-week group coaching program.
- This program includes 6 audio learning modules, 4 group coaching calls, downloadable workbooks, and bonus materials as specified on the sales page for this product/program.
- This program is delivered over the course of 8 weeks--these 8 weeks may not be consecutive and may allow for holidays or necessary scheduling adjustments.
Total price of this program is two thousand dollars ($2000.00 USD.)
All terms and conditions of this agreement are in full effect regardless of whether Client pays full or promotional price for the product/program.
If Client elects to pay by payment plan, the first installment (50%) of promotional or list price is paid upon registration. The second installment (remaining balance) is due 30 days later.
Client's access to the program will be suspended until Client's payment is current. Client is liable for the total cost of the program, regardless of whether they use the product or not. We reserve the right to institute alternative collections actions including, but not limited to: credit/debt collection service(s) or arbitration. Access to program will be revoked until account is current and all payments have been paid in full. Coach reserves the right to permanently bar Client from Program if account remains delinquent for more than 10 days.
Client must be current on all payments and make all payments as detailed here in order to claim any bonuses offered as an incentive to join the program. In other words, if Client has not paid as agreed, Coach is under no obligation to honor any bonus incentive offered to Client prior to or during registration.
Client shall not make any charge backs to Company's account or cancel the credit card that is provided as security without Coach's prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Coach without notifying Coach in advance.
METHODS OF PAYMENT
Client expressly authorizes Coach to charge Client’s credit card(s) or debit card(s) in the amount of the program.
There are no refunds. Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. No Exceptions.
RIGHT TO RESCHEDULE GROUP COACHING CALLS
Coach reserves the right to reschedule any of the four (4) group coaching calls included in the program, if the need arises. Coach will make every effort to reschedule the call(s) as soon as practicable.
NON-DISCLOSURE OF COACHING MATERIALS
Material provided to Client as part of this program is proprietary, copyrighted and developed specifically for Coach. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited and in violation of copyright law.
NO TRANSFER OF INTELLECTUAL PROPERTY
Coach’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, as well as any recordings of coaching calls shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied. Further, by agreeing to these terms in purchase, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations—entirely at Client’s expense. Client explicitly consents to the recording of program coaching calls.
ACCESS TO MEMBERSHIP SITE
Client agrees that their access to the membership site where the program materials reside is for their sole use. Client explicitly agrees to not share access to said membership site or give their user name and/or password to anyone for any purpose.
Client accepts and agrees that Client is 100% responsible for their progress and results from the use of the herein described Program. Coach makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By purchasing, Client acknowledges that as with any endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
NON-SOLICITATION OF PERSONNEL
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Violation of this section is grounds for termination of Client’s participation in the Program without refund. Client will still be liable to pay the total contract amount.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
1) LIMITATION OF LIABILITY. Client agrees they use Coach’s product at their own risk and that Program is only an educational service being provided. Client releases Coach, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Coach 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 happening from the use or misuse of Coach’s Program.
2) NON-DISPARAGEMENT. 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. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
3) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.
4) TERMINATION. Coach is committed to providing all clients in the Program with a positive Program experience. By purchasing, Client agrees that the Coach may, at her sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s use of the Program without refund. In the event Coach terminates this Agreement due to a breach by the Client, Client shall immediately cease using the Materials. The obligations of the Participant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.
5) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Coach, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach, or any affiliates or successors. Client shall defend Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Coach’s affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Coach.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will settled via mediation. By agreeing to these terms and conditions, Client expressly and unequivocally waives their right to a jury trial. All claims against Coach must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The mediation shall occur within ninety (90) days from the date of the initial mediation demand. The parties shall cooperate to ensure that the mediation process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the mediation process. Any agreement made during the mediation process (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all mediation and attorney fees. Any mediation will be conducted according to the law of the State of California. Client agrees that the venue for any such mediation will be the State of California. Client agrees that the maximum relief would be the total of their investment in the Program.
7) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
8) NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: firstname.lastname@example.org This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Client.
9) Upon execution by clicking "I accept" or acknowledging electronically that this advisement has been agreed to, the Parties agree that any individual, associate, and/or assign shall be bound by all terms and conditions in THIS AGREEMENT. A facsimile, electronic, or executed copy or acceptance of this agreement, with a written or electronic signature, or checking the "box" on any order form shall constitute a legal and binding instrument with the same effect as an originally signed copy.