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

PROGRAM/SERVICE

Rosanne Austin agrees to provide client with access to the group coaching program called The Fearless Fertility Breakthrough Retreat (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 (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.

PRODUCT/PROGRAM DESCRIPTION

1. Fearless Fertility Breakthrough Retreat is a 2.5 day live workshop taking place on April 8, 9, and 10th in McCall, Idaho.
2. This program begins at 4:00 PM on April 8th, then goes from 9:00 AM-3:30 PM approximately on April 9th and 10th, 2020, although Coach reserves the right to make adjustments to the starting and ending times as need be.
3. Standard program fees include: admission to the workshop, workshop materials, non-alcoholic beverages during breaks, and gourmet lunch on both full days of the retreat.
4. Standard Program fees do not include travel or accommodations. Client is responsible for securing their own travel and providing their own accommodations.
5. If Client takes advantage of enrolling during the designated Early Enrollment Period, Client may as part of such enrollment, receive the bonus of 3-nights accommodations in McCall, Idaho. This enrollment bonus has no cash value and is only offered while supplies last.
6. If Client takes advantage of enrolling during the designated Early Enrollment Period, Client may as part of such enrollment, receive the bonus of transportation from a designated meeting location in the greater Boise area to McCall, Idaho. This is approximately 2 hours drive. This enrollment bonus has no cash value and is only offered while supplies last.
7. Client is personally responsible for all other transportation.

FEES

Total price of this program is five thousand hundred dollars ($5000 USD.)  Promotional rates may be offered, but to receive those rates, Client must sign up during the specified promotional/Early Enrollment periods.

All terms and conditions of this agreement are in full effect regardless of whether Client pays the full or a promotional price for the product/program.

If Client elects to enroll in the program using a multi-payment option, Client’s access to the program will be suspended until Client’s payment is current.  Client is still liable for the total cost of the program, regardless of whether they use the program 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 gives Coach permission to charge the credit card provided for the deposit and subsequent payment installments in 30 day increments until the full investment in the program is made. Each charge is made with client’s express permission, and the assent to such charges is made by Client checking a box, or indicating electronic asset to those charges at “checkout,” thereby agreeing to these terms and conditions.

Client shall not make any charge backs to Company’s merchant 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 fees–whether in full or by installment, as elected by Client at the time of purchase.

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. In an emergency situation, Client can apply the dollar amount of their investment to a future retreat, program, or coaching program with Coach. In the event Client elects to apply their credit to a program of lesser dollar value, no cash refunds will be given. Any balance will continue to work as a credit for Coach’s programs or services. Coach will work closely with Client to accommodate emergency situations. Coach reserves the right to determine if the situation presented qualifies as an “emergency.”

Clients are strongly advised to purchase separate travel/trip insurance to cover their investment in this retreat.

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 own business purposes, financial or personal gain. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of the Coach–including the recording of the live workshop, which Coach reserves the right to use in the future for educational or training purposes. 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 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.

CLIENT RESPONSIBILITY FOR TRAVEL AND ACCOMMODATIONS

It is Client’s sole responsibility to make sure that any travel documents needed for air or international travel are in place. It is also Client’s sole responsibility to book and secure transportation to the retreat venue. Client is solely responsible for making arrangements for their own hotel accommodations, unless they receive such accommodations as part of an Early Enrollment bonus as stated in the program description above. Clients are advised to consider travel insurance should there be a need to cancel their travel arrangements.

RELEASE OF LIABILITY FOR HOTEL ACCOMMODATIONS AND TRANSPORT

Client agrees and acknowledges that Coach is in no way responsible for or to be held liable for any and all conditions at The Shore Lodge or any other accommodation or meeting site used in conjunction with this retreat in McCall, Idaho, or any other location. Client releases Coach from any liability whatsoever for any patent or latent risks, hazards, dangerous conditions, or otherwise that they may encounter while a guest at The Shore Lodge, during their stay. Coach makes no warranties or guarantees of any conditions whatsoever. Client also releases Coach of any and all liability for any risks, hazards, or conditions occurring as a result of accepting transportation offered in conjunction with this retreat.

PHYSICAL AND MENTAL HEALTH REQUIREMENTS

By signing up for the Program, you attest that you are in good physical and mental health to travel and participate in the retreat. You are advised to consult with a physician if you have any concerns or questions about that. Coach strongly recommends that you secure travel insurance.

Client is expected to notify Coach or any other adult, if during the course of the Retreat they suffer from any medical or health condition that may cause them injury or injure others or may require emergency care during their participation at the retreat.

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, 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.

Coach reserves the right to change the location of the retreat, if The Shore Lodge becomes unavailable, unsafe, or the terms of use of the hotel facilities change. Client agrees allow Coach to find an alternative location. Client releases Coach from all liability associated with conditions or circumstances at any chosen retreat facility. Client assumes any risk associated with attending retreat. Client also releases Coach from any liability for risks or dangers patent or latent existing at the retreat venue.

MEDIA RELEASE

Coach reserves the right to use photos or videos from the Retreat for promotional purposes. By signing up for the Retreat, Client agrees to allow their image or voice to be used for this purpose. If Client does not want their image or voice used in such materials, they are welcome to advise Coach or those assisting Coach during the Retreat of that preference PRIOR to the beginning of the Retreat.

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.

MODIFICATION

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.

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.

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 be resolved by mediation under the laws of the State of Idaho. Client is responsible for any and all mediation and attorney fees. Client agrees that the venue for any such mediation will be the State of Idaho.

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 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.