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By purchasing participation in this program you expressly (herein referred to as “Client”) agree to the follow terms stated herein.

PROGRAM/SERVICE

Rosanne Austin Coaching, LLC agrees to provide Client with individual access to the group coaching program called Fearlessly Fertile DAILY (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.

DISCLAIMER

Client understands Rosanne Austin Coaching, LLC (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. This program is for educational purposes only. 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 Coaching, LLC is only obligated to provide access to the product/program described below.

PRODUCT/PROGRAM DESCRIPTION

1. Fearlessly Fertile DAILY is a 30-Day education and coaching program.
2. The program runs from June 1, 2022 through June 30, 2022, inclusive.
3. This program is comprised of DAILY, live, up to 15-minute teaching sessions, delivered via Zoom, each day of the 30 day program. Daily means daily–Monday through Sunday each week, no days off.
4. Each daily lesson begins promptly at 7:30 AM Pacific/ 8:30 AM Mountain/10:30 AM Eastern.
5. Each lesson is designed to be a bite sized teaching or idea that will help CLIENT begin to reset their mindset.
6. Each DAILY session is recorded and a recording will be posted to the Fearlessly Fertile DAILY program site, within 36 hours, so that CLIENT may review the recordings, should they miss a day.
7. Program includes 2-LIVE 90-minute Q&A sessions scheduled for Saturday, June 11th and Saturday, June 25th at 12:30 PM Mountain/2:30 PM Eastern/7:30 PM London/4:30 AM (Sunday) Sydney. Client will have the opportunity to ask a question during that session–if she chooses.
8. As part of this program, Client will have access to a companion Fearlessly Fertile DAILY downloadable e-journal, where she can take notes from each day’s teaching.

FEES

The investment for this program is three thousand-five hundred dollars ($3,500 USD)

The investment with the “Pay In Full” incentive is three thousand dollars ($3,000 USD.)

The investment with the “2-installment” option is two equal (2) installments of $1,750. The first installment of $1,750 is charged upon enrollment and the second installment is charged 30 days later, for a total investment of $3,500 USD.

All terms and conditions of this agreement are in full effect regardless of whether Client pays in full, by installment, or uses a promotional code to receive preferential early enrollment pricing for the program. Client has independently evaluated their ability to pay the Fee and in light of Client’s financial position and circumstances, Client verifies that they are able to pay the fees and will not be unduly burdened by payment of the fee.

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 program or not, in part or in full.  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.

BONUSES

Client must be current on all payments and make all payments as detailed here in order to claim any bonuses offered. In other words, if Client has not made all of their payments, Coach is under no obligation to honor any bonus offered to Client prior to or during the program. Client must have made all payments or have paid in full to receive any offered bonus. Any bonuses offered to “pay in full clients” are reserved for those clients alone.

Enrollment Bonuses offered to client during the early enrollment period have no cash value and if Client chooses not to take advantage of them, they are considered forfeited. Strict adherence to the specified terms to receive any offered bonus is required to receive it.

CHARGEBACKS

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.

REFUNDS

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 TEACHING SESSIONS/Q&A CALLS

Coach reserves the right to reschedule any of the thirty (30) teaching sessions or 2 Q&A sessions included in the program, if the need arises. Coach will make every effort to reschedule the call(s) as soon as practicable.

UNUSED PROGRAM MATERIALS/ELEMENTS

Any unused portion of any teaching session, Q&A session, course material, or bonus does not carry over, nor does it have any separate cash value. Coach does reserve the right to cut any teaching or coaching session short of advertised time due to emergency or unforeseen circumstances and will reschedule any remaining time, as needed, at her sole discretion.

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 RESPONSIBILITY

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. If Client is unwilling/unable to participate in assignments/sessions as detailed herein, this contract is terminable at Coach’s option without recourse or refund of any kind.

DISCLAIMER OF GUARANTEE OF EARNINGS OR EARNING POTENTIAL

Coach has not made, nor makes any representations or guarantees verbally or in writing, before or during this agreement regarding Client’s earning potential while participating in the Program. While indeed questions with regard to business, marketing, sales, and other entrepreneurial topics may arise, Client understands that such guarantees, cannot and will not be made. Client must use their own discretion.

GRANT OF PUBLICITY RIGHT

Client hereby represents and warrants that they have the power and authority to grant and hereby grants Coach an exclusive worldwide license and right to publicize, market, displace, or otherwise disclose any information including results from services performed, such as case studies, and to use Client’s first name, trademark, and or service marks on Coach’s website or promotional materials. Coach may also feature Client’s use of services in trade shows, industry forums, marketing collateral, or any other medium promoting the use of the same, and develop press releases indicating a client relationship with Coach.

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.

FORCE MAJEURE

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, public utilities, 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.

ENTIRE AGREEMENT

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. In the event of any conflict between the provisions contained in this agreement and many marketing materials used by Coach, Coach’s representatives, or employees, this agreement shall be controlling.

MISCELLANEOUS

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. Coach agrees that in the event either party dies or becomes incapacitated (in other words, physically or mentally unable to complete the coaching relationship) this agreement will automatically terminate and all obligations by either party shall terminate with the agreement, except for those regarding confidentiality, non-disparagement, and Indemnification/limitation of liability.

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 Idaho. Client agrees that the venue for any such mediation will be the State of Idaho. In the event that Coach is found liable in mediation, Coach’s liability to client, or any third party is limited to the lesser of (a) the total fees Client paid to Coach in the one month prior to the action giving rise to the liability, and (b) $1000 USD. Client agrees that these are the maximum they could receive in relief.

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: rosanne@frommaybetobaby.com 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 Idaho, 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.