FEMININE FREEDOM: TERMS OF PURCHASE

THIS AGREEMENT (“AGREEMENT”) IS MADE EFFECTIVE BY AND BETWEEN ANABELL INGLETON (THE “CONTRACTOR”), AND PURCHASER OF THE COACHING PROGRAM / PRODUCT: 

 (HEREAFTER “CLIENT”), FOR THE PURPOSE OF CLIENT PURCHASING A DIGITAL PRODUCT OR OFFER FROM CONTRACTOR’S BUSINESS (THE “PRODUCT”). CLIENT AGREES TO THE TERMS AND CONDITIONS BELOW BY SIGNING THIS AGREEMENT.

DIGITAL PRODUCT USAGE

AFTER PURCHASING THE PRODUCT, YOU WILL HAVE LIFETIME ACCESS TO THE MATERIALS SO LONG AS THE PRODUCT(S) IS/ARE AVAILABLE. YOU MAY USE THE PRODUCT ONLY FOR YOUR OWN PERSONAL USE.

FEES & PAYMENT PROCESSING

IN CONSIDERATION FOR ACCESS TO THE PRODUCT PROVIDED BY THE SHOP, YOU AGREE TO COMPENSATE THE FOLLOWING $3,000.00 USD, or 6 MONTHLY PAYMENTS OF $597, OR 12 MONTHLY PAYMENTS OF $297.00 USD. 

IF ANY PAYMENT METHODS ARE DECLINED BY THE ONLINE PAYMENT PROCESSOR, YOU SHALL PROVIDE A NEW ELIGIBLE PAYMENT METHOD BEFORE RECEIVING ACCESS TO THE PRODUCT. IF YOU HAVE ALREADY BEEN GIVEN ACCESS TO THE PRODUCT AND A PAYMENT METHOD IS DECLINED, WE RESERVE THE RIGHT TO COLLECT ANY AND ALL OUTSTANDING.

LATE FEES

IF CONTRACTOR DOES NOT RECEIVE PAYMENT FROM CLIENT WITHIN FOURTEEN CALENDAR DAYS OF ANY PAYMENT DATE, THEN CLIENT WILL BE CHARGED A LATE FEE OF 1.5% OF THE OUTSTANDING AMOUNT PER EACH DAY THAT CONTRACTOR DOES NOT RECEIVE PAYMENT.

FOR EXAMPLE, CLIENT OWES CONTRACTOR $1000 DUE ON APRIL 1 AND FAILS TO PAY BY APRIL 14TH. ON APRIL 15TH, CLIENT OWES CONTRACTOR $1015. ON APRIL 16TH, CLIENT OWES CONTRACTOR $1030.23. ON APRIL 17TH, CLIENT OWES CONTRACTOR $1045.68, AND SO ON.



EXPENSES

ANY EXPENSES INCURRED BY CONTRACTOR WHILE PROVIDING CLIENT WITH SERVICES WILL BE INVOICED TO CLIENT IN A TIMELY MANNER. CLIENT IS RESPONSIBLE FOR PAYING FOR AND DELIVERING ANY THIRD PARTY SOFTWARE LICENSES OR PRODUCTS CLIENT WISHES CONTRACTOR TO UTILIZE BY THE AGREEMENT DATE. AT THE CONTRACTOR’S DISCRETION, CONTRACTOR WILL MAKE REASONABLE EFFORTS TO INTEGRATE CLIENT’S SUGGESTED SOFTWARE OR PRODUCTS.



PERSONAL INFORMATION

BY PURCHASING THE PRODUCT, YOU WILL BE ASKED TO PROVIDE PERSONAL INFORMATION INCLUDING NAME AND E-MAIL ADDRESS. YOU AGREE TO ALLOW US ACCESS TO THIS PERSONAL INFORMATION FOR ALL LAWFUL PURPOSES.

FOR THE PERFORMANCE AND FULFILLMENT OF PURCHASE CONTRACTS THAT ARE BEING CONCLUDED IN OUR ONLINE-SHOP AS WELL AS FOR PRE-CONTRACTUAL ACTIVITIES, IT IS NECESSARY FOR US TO PROCESS YOUR PERSONAL DATA. THESE DATA ARE ENTERED BY YOU, TRANSMITTED TO US AND STORED BY US THROUGH THE RESPECTIVE ONLINE FORMS. IN THE CONTEXT OF ONLINE PURCHASES THE FOLLOWING PERSONAL DATA ARE BEING PROCESSED.



COPYRIGHT

YOU MAY USE THE PRODUCT ONLY FOR YOUR OWN PERSONAL USE.

WE HEREBY GRANT TO YOU ONE (1) EXCLUSIVE, NON-SUBLICENSABLE, NON-TRANSFERABLE, LICENSE TO USE THE PRODUCT. YOU UNDERSTAND AND AGREE THAT THE PRODUCT MATERIALS MAY NOT BE SHARED WITH ANY THIRD PARTY. IF WE SUSPECT THAT THE PRODUCT IS BEING SHARED WITH ANOTHER PARTY, WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCESS TO THE PRODUCT.



DISCLAIMER AND LIMITATION OF WARRANTY

YOU ARE IN THE BEST POSITION TO UNDERSTAND YOUR UNIQUE CIRCUMSTANCES, AND YOU UNDERSTAND AND AGREE THAT A GENERAL INFORMATIONAL DIGITAL PRODUCT SUCH AS THIS CANNOT BE COMPLETELY TAILORED TO EVERY SINGLE PERSON. THIS DIGITAL PRODUCT IS NOT A SUBSTITUTE FOR [FINANCIAL, LEGAL, MEDICAL, MENTAL HEALTH, OR OTHER TYPE OF ADVICE THAT YOU OFFER] ADVICE FROM A QUALIFIED PROFESSIONAL. YOU ARE ADVISED TO USE YOUR BEST JUDGMENT AND SEEK THE ADVICE OF SUCH PROFESSIONALS IN IMPLEMENTING THE PRINCIPLES OF THIS PROGRAM. NO GUARANTEES ARE MADE AS TO THE OUTCOME FOR THE USE OF THIS DIGITAL PRODUCT.



RESULTS DISCLAIMER

IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE AND PROGRAM MEET YOUR SPECIFIC REQUIREMENTS. NO STATEMENT, TESTIMONIAL, RESULT, OR INFORMATION HEREIN SHALL BE CONSTRUED TO GUARANTEE OR OUTLINE ANY SPECIFIC BUSINESS OR FINANCIAL RESULT. 



CONFIDENTIALITY

PARTIES WILL TREAT AND HOLD ALL INFORMATION OF OR RELATING TO THIS AGREEMENT, THE SERVICES PROVIDED AND THE PARTIES’ BUSINESSES IN STRICT CONFIDENCE AND WILL NOT USE ANY OF THIS INFORMATION EXCEPT IN CONNECTION WITH FULFILLING THE TERMS OF THIS AGREEMENT, AND, IF THIS AGREEMENT IS TERMINATED FOR WHATEVER REASON, PARTIES WILL RETURN ALL SUCH INFORMATION, INCLUDING ACCOUNT ACCESS INFORMATION, AND ANY AND ALL COPIES TO THE ORIGINAL PARTY AND WILL REMAIN BOUND TO THE CONFIDENTIALITY PROVISION OF THIS AGREEMENT. CONFIDENTIAL INFORMATION (HEREIN “CONFIDENTIAL INFORMATION”) MEANS INFORMATION THAT IS OF VALUE TO ITS OWNER AND IS TREATED AS PROPRIETARY OR CONFIDENTIAL INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY, INVENTIONS, TRADE SECRETS OR INFORMATION, FINANCIAL DATA OR INFORMATION, SPECULATION, KNOWLEDGE, GENERAL CONTRACTOR DATA OR REPORTS, FUTURE BUSINESS PLANS, STRATEGIES, CUSTOMER LISTS AND INFORMATION, CLIENT ACQUISITION STRATEGIES, ADVERTISING CAMPAIGNS, INFORMATION REGARDING EXECUTIVES AND EMPLOYEES, AND THE TERMS AND PROVISIONS OF THIS AGREEMENT.



FURTHER, AT ALL TIMES NEITHER PARTY SHALL USE OR DISCLOSE ANY CONFIDENTIAL INFORMATION RELATING IN ANY WAY TO THE PAST, PRESENT, OR FUTURE BUSINESS AFFAIRS, CONDITIONS, CLIENTS, CUSTOMERS, EFFORTS, EMPLOYEES, FINANCIAL DATA, OPERATIONS, PRACTICES, PRODUCTS, PROCESSES, PROPERTIES, SALES, OR SERVICES OF OR RELATING IN ANY WAY TO THE CONTRACTOR IN WHATEVER FORM TO ANY PARTIES OUTSIDE OF THIS AGREEMENT.



THIS AGREEMENT IMPOSES NO OBLIGATION UPON THE PARTIES WITH RESPECT TO ANY CONFIDENTIAL INFORMATION THAT WAS POSSESSED BEFORE INITIAL BUSINESS INTERACTIONS COMMENCED BETWEEN THE PARTIES; IS OR BECOMES A MATTER OF PUBLIC KNOWLEDGE THROUGH NO FAULT OF RECEIVING PARTY; IS RIGHTFULLY RECEIVED FROM A THIRD PARTY NOT OWING A DUTY OF CONFIDENTIALITY; IS DISCLOSED WITHOUT A DUTY OF CONFIDENTIALITY TO A THIRD PARTY BY, OR WITH THE AUTHORIZATION OF THE DISCLOSING PARTY; OR IS INDEPENDENTLY DEVELOPED BY EITHER PARTY WITHOUT PRIOR KNOWLEDGE OF PRIVILEGED OR CONFIDENTIAL INFORMATION.



RELATIONSHIP OF THE PARTIES

CONTRACTOR AND ANY RELATED SUB-CONTRACTORS ARE NOT EMPLOYEES, PARTNERS OR MEMBERS OF CLIENT’S CONTRACTOR OR ORGANIZATION. CONTRACTOR HAS THE SOLE RIGHT TO CONTROL AND DIRECT THE MEANS, MANNER AND METHOD BY WHICH THE SERVICES IN THIS AGREEMENT ARE PERFORMED. CONTRACTOR HAS THE RIGHT TO HIRE ASSISTANTS, SUBCONTRACTORS OR EMPLOYEES TO PROVIDE CLIENT WITH ITS SERVICES. PARTIES ARE INDIVIDUALLY AND SEPARATELY RESPONSIBLE FOR THEIR OWN BUSINESS OPERATION AND EXPENSES, INCLUDING SECURING OR PAYING ANY LICENSING FEES, INSURANCE, TAXES (INCLUDING FICA), REGISTRATIONS OR PERMITS. CLIENT IS NOT RESPONSIBLE FOR PAYING FOR ANY BENEFITS, WORKERS COMPENSATION, INSURANCE OR UNEMPLOYMENT FEES TO CONTRACTOR.



TESTIMONIALS

CONTRACTOR MAY REQUEST CLIENT PROVIDE A TESTIMONIAL TO BE PUBLISHED ON CONTRACTOR'S WEBSITE, OR FEATURED ON CONTRACTOR'S SOCIAL MEDIA ACCOUNTS. CLIENT UNDERSTANDS THAT HE OR SHE IS NOT REQUIRED TO GIVE ANY TESTIMONY, AND UNDERSTANDS THAT THE CHOICE TO DO SO IS FREELY UP TO CLIENT. THERE WILL BE NO RAMIFICATIONS OR CHANGE IN RELATIONSHIP BETWEEN CONTRACTOR AND CLIENT IF CLIENT REFUSES TESTIMONIAL.

IF CLIENT ACCEPTS AND PROVIDES CONTRACTOR WITH A TESTIMONIAL, CLIENT UNDERSTANDS THE MATERIAL, ALONG WITH A PHOTO OF CLIENT, WILL LIKELY BE PUBLISHED ON CONTRACTOR'S WEBSITE, SOCIAL MEDIA, OR OTHERWISE. SHOULD CLIENT AGREE TO PROVIDE A TESTIMONIAL, CLIENT WILL AGREE TO REVIEW AND SIGN AN ADDITIONAL RELEASE IF ASKED, CONFIRMING SAME, AND CONFIRMING CONTRACTOR'S RIGHTS TO USE CLIENT’S TESTIMONIAL. NO PAYMENT OR ADDITIONAL SERVICES WILL BE PROVIDED IN RETURN FOR TESTIMONIAL, AND CLIENT UNDERSTANDS HE OR SHE IS GRANTING CONTRACTOR AN UNLIMITED, IRREVOCABLE LICENSE IN PERPETUITY TO USE, PUBLISH, DISTRIBUTE, OR REPURPOSE ANY INFORMATION PROVIDED TO CONTRACTOR AS PART OF A TESTIMONIAL.



LIMIT OF LIABILITY

CLIENT AGREES THAT THE MAXIMUM AMOUNT OF DAMAGES SHE IS ENTITLED TO IN ANY CLAIM OF OR RELATING TO THIS AGREEMENT OR SERVICES PROVIDED HEREIN ARE NOT TO EXCEED CONTRACTOR’S TOTAL COST AS SET FORTH IN THIS AGREEMENT.



INDEMNIFICATION

CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS CONTRACTOR AND ITS EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS FOR ANY INJURY, PROPERTY DAMAGE, LIABILITY, CLAIM OR OTHER CAUSE OF ACTION ARISING OUT OF OR RELATED TO SERVICES PROVIDED HEREIN.



ASSUMPTION OF RISK

CLIENT AND RELATED PARTIES/ PARTICIPANTS EXPRESSLY ASSUME ANY RISK OF COACHING SESSION AND RELATED ACTIVITIES AS DESCRIBED HEREIN.



NON-DISPARAGEMENT

YOU ARE WAIVING YOUR FIRST AMENDMENT RIGHTS TO MAKE PUBLIC STATEMENTS REGARDING YOUR CLIENTS BY INCLUDING THIS PROVISION. THE LAW ALREADY AFFORDS REMEDIES FOR DEFAMATORY STATEMENTS AND THIS PROVISION MAY NOT BE LEGAL IN YOUR JURISDICTION. IF IT IS NOT LEGAL, AND SOMEONE CHALLENGES THIS PROVISION AT SOME POINT, THE SEVERABILITY CLAUSE WILL STRIKE IT FROM THE CONTRACT BUT LEAVE THE OTHER PROVISIONS INTACT].

THE PARTIES MUTUALLY AGREE NOT TO MAKE PUBLIC DEFAMATORY STATEMENTS THAT WOULD MATERIALLY HARM THE REPUTATION OR BUSINESS ACTIVITIES OF ANY PARTIES TO THIS AGREEMENT.



CANCELLATIONS AND RESCHEDULING

CANCELLATIONS AND REFUNDS

DUE TO THE DIGITAL NATURE OF THIS PRODUCT/PROGRAM, NO REFUNDS OF ANY FEES OR OTHER AMOUNTS PAID BY YOU IN CONNECTION WITH THE PRODUCT WILL BE ALLOWED UNDER ANY CIRCUMSTANCES. THE PROGRAM/PRODUCT IS NON-REFUNDABLE AND ALL SALES ARE FINAL.



FORCE MAJEURE 

NO PARTY SHALL BE LIABLE OR RESPONSIBLE TO THE OTHER PARTY, NOR BE DEEMED TO HAVE DEFAULTED UNDER OR BREACHED THIS AGREEMENT, FOR ANY FAILURE OR DELAY IN FULFILLING OR PERFORMING ANY TERM OF THIS AGREEMENT (EXCEPT FOR ANY OBLIGATIONS TO MAKE PAYMENTS TO THE OTHER PARTY HEREUNDER), WHEN AND TO THE EXTENT SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM ACTS BEYOND THE IMPACTED PARTY’S (“IMPACTED PARTY”) CONTROL, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING FORCE MAJEURE EVENTS (“FORCE MAJEURE EVENTS”): (A) ACTS OF GOD; (B) A NATURAL DISASTER (FIRES, EXPLOSIONS, EARTHQUAKES, HURRICANE, FLOODING, STORMS, EXPLOSIONS, INFESTATIONS), EPIDEMIC, OR PANDEMIC; (C) WAR, INVASION, HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), TERRORIST THREATS OR ACTS, RIOT OR OTHER CIVIL UNREST; (D) GOVERNMENT ORDER OR LAW; (E) ACTIONS, EMBARGOES OR BLOCKADES IN EFFECT ON OR AFTER THE DATE OF THIS AGREEMENT; (F) ACTION BY ANY GOVERNMENTAL AUTHORITY; (G) NATIONAL OR REGIONAL EMERGENCY; (H) STRIKES, LABOR STOPPAGES OR SLOWDOWNS OR OTHER INDUSTRIAL DISTURBANCES; AND (I) SHORTAGE OF ADEQUATE POWER OR TRANSPORTATION FACILITIES. THE IMPACTED PARTY SHALL GIVE NOTICE WITHIN [NUMBER] DAYS OF THE FORCE MAJEURE EVENT TO THE OTHER PARTY, STATING THE PERIOD OF TIME THE OCCURRENCE IS EXPECTED TO CONTINUE. THE IMPACTED PARTY SHALL USE DILIGENT EFFORTS TO END THE FAILURE OR DELAY AND ENSURE THE EFFECTS OF SUCH FORCE MAJEURE EVENT ARE MINIMIZED. THE IMPACTED PARTY SHALL RESUME THE PERFORMANCE OF ITS OBLIGATIONS AS SOON AS REASONABLY PRACTICABLE AFTER THE REMOVAL OF THE CAUSE. IN THE EVENT THAT THE IMPACTED PARTY’S FAILURE OR DELAY REMAINS UNCURED FOR A PERIOD OF [NUMBER] DAYS FOLLOWING NOTICE GIVEN BY IT, THE OTHER PARTY MAY THEREAFTER TERMINATE THIS AGREEMENT UPON NOTICE.



FAILURE TO PERFORM SERVICES

IN THE EVENT CONTRACTOR CANNOT OR WILL NOT PERFORM ITS OBLIGATIONS IN ANY OR ALL PARTS OF THIS AGREEMENT, IT (OR A RESPONSIBLE PARTY) WILL:

IMMEDIATELY GIVE NOTICE TO CLIENT VIA THE NOTICE PROVISIONS DETAILED IN THIS AGREEMENT; AND

ATTEMPT TO FIND ANOTHER COMPETENT PROFESSIONAL TO TAKE ITS PLACE WITH THE MUTUAL AGREEMENT OF CLIENT(S);

IF ANOTHER COMPETENT PROFESSIONAL IS NOT AVAILABLE OR CLIENT(S) DO NOT AGREE TO TRANSFER OF OBLIGATIONS TO SAID ALTERNATE PROFESSIONAL, CONTRACTOR WILL ISSUE A REFUND OR CREDIT BASED ON A REASONABLY ACCURATE PERCENTAGE OF SERVICES RENDERED; AND

EXCUSE CLIENT(S) OF ANY FURTHER PERFORMANCE AND/OR PAYMENT OBLIGATIONS IN THIS AGREEMENT.



NO-SHOWS

IF IT BECOMES IMPOSSIBLE FOR CONTRACTOR TO RENDER SERVICES DUE TO THE FAULT OF THE CLIENT OR PARTIES RELATED TO CLIENT, SUCH AS FAILURE TO PROVIDE NECESSARY ELEMENTS OF THE SERVICES OR FAILURE OF ONE OR MORE ESSENTIAL PARTIES TO THE SERVICES TO COMPLETE TASKS IN A TIMELY MANNER, IT IS WITHIN THE CONTRACTOR’S SOLE DISCRETION TO ALLOW FOR ANY ADDITIONAL TIME OR DATES TO RENDER SERVICES. IN SUCH AN EVENT, ANY OUTSTANDING AMOUNT WILL IMMEDIATELY BECOME DUE AND PAYABLE TO CONTRACTOR.



HEALTH & SAFETY

CLIENT(S) FURTHER UNDERSTAND THAT [CONTRACTOR] COMPLIES WITH ALL HEALTH AND SAFETY LAWS, DIRECTIVES, AND RULES AND REGULATIONS. CLIENT(S) EXPRESSLY AGREE(S) THAT DURING THE [EVENT/SESSION] CLIENT(S) AND CLIENT(S)’ AGENTS SHALL NOT CARRY WEAPONS OR FIREARMS, BE EXPOSED TO SEVERE ILLNESS, OR REQUEST THE [CONTRACTOR] TO DO ANYTHING ILLEGAL OR UNSAFE. FURTHER, [CONTRACTOR] WILL NOT PROVIDE SERVICES IN ANY LOCATION OR AREA DEEMED TO BE UNSAFE IN ITS SOLE DISCRETION, INCLUDING, BUT NOT LIMITED TO, AREAS AFFECTED BY COMMUNICABLE DISEASES, QUARANTINED AREAS, OR OTHER SIMILAR OCCURRENCES. UNDER ANY OF THESE CIRCUMSTANCES, [CONTRACTOR] RESERVES THE RIGHT TO END SERVICE COVERAGE IMMEDIATELY AND/OR LEAVE THE [EVENT/WEDDING/SESSION]. [CONTRACTOR] SHALL BE ENTITLED TO RETAIN ALL MONIES PAID AND CLIENT(S) AGREE TO RELIEVE AND HOLD [CONTRACTOR] HARMLESS AS A RESULT OF INCOMPLETE EVENT COVERAGE, OR FOR A LAPSE IN THE QUALITY OF THE [CONTRACTOR’S] WORK.



GOVERNING LAW

THE LAWS OF CALIFORNIA GOVERN ALL MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING TORTS.



NOTICE

PARTIES SHALL PROVIDE EFFECTIVE NOTICE (“NOTICE”) TO EACH OTHER, INCLUDING ANY PAYMENTS OR INVOICES, VIA EITHER OF THE FOLLOWING METHODS OF DELIVERY AT THE DATE AND TIME WHICH THE NOTICE IS SENT.



SEVERABILITY

IF ANY PORTION OF THIS AGREEMENT IS DEEMED TO BE ILLEGAL OR UNENFORCEABLE, THE REMAINING PROVISIONS OF THIS AGREEMENT REMAIN IN FULL FORCE, IF THE ESSENTIAL PROVISIONS OF THIS AGREEMENT FOR EACH PARTY REMAIN LEGAL AND ENFORCEABLE.

AMENDMENTS

THE PARTIES MAY AMEND THIS AGREEMENT ONLY BY THE PARTIES’ WRITTEN AGREEMENT WITH PROPER NOTICE.

ASSIGNMENTS

NEITHER PARTY MAY ASSIGN OR SUBCONTRACT ANY RIGHTS OR OBLIGATIONS IN THIS AGREEMENT WITHOUT PROPER NOTICE, UNLESS OTHERWISE PROVIDED HEREIN.

TITLES

THE TITLES AND SECTION HEADERS IN THIS AGREEMENT ARE PROVIDED FOR CONVENIENCE ONLY AND SHOULD NOT BE CONSTRUED AS PART OF THIS AGREEMENT.

ACKNOWLEDGMENT

BY COMPLETING YOUR PURCHASE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF PURCHASE AS THEY MAY BE AMENDED FROM TIME TO TIME.