

A 3-Day Luxury Retreat for Women Who Say YES to Their Babies AND A Full, Extraordinary Life — The Feminine Way.
Here's What Your LIMITLESS Retreat Includes...
All three days of the LIMITLESS Retreat
All sessions, workshops, and experiences
Gourmet lunches each day
Exclusive resources and tools
Connection with extraordinary women
Plus, with your VIP Experience, you'll also get:
Priority front-table seating
Upgraded VIP swag experience
Admission to the VIP Suite with Rosanne the Saturday prior to the event

Please read and agree to the terms and conditions for participation in this retreat:
Registrant (aka “Client”) agrees to abide by all policies, procedures, and rules as outlined in this agreement as a condition of their registration for and/or attendance at Fearlessly Fertile LIMITLESS Retreat.
DISCLAIMER
Registrant understands Rosanne Austin, Rosanne Austin Coaching, LLC and any of its employees or assigns, individually and/or collectively (known hereinafter as “Company”) is not an employee of Registrant, nor is Company acting as Registrant’s coach, agent, lawyer, doctor, manager, therapist, business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Registrant understands their attendance at the Fearlessly Fertile LIMITLESS Retreat 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. Registrant acknowledges and understands that coaching is not therapy. Registrant acknowledges that the Company does not, and will not provide any medical, legal, accounting, psychological, behavioral, or other mental health advice or counseling. Registrant further acknowledges that Company has made no such representation in any interaction that would lead Registrant to believe that Company has undertaken to do so. Registrant expressly agrees to hold Company harmless against any allegations or claims that Company has done so. Registrant is responsible for monitoring their own well being during the event and Company is not responsible for decisions made by Registrant as a result of the attendance at the event and any consequences thereof. Registrant understands that a coaching relationship does not exist between the parties simply by attending the event. Registrant understands and acknowledges that the information provided at, during, or in preparation for the Fearlessly Fertile LIMITLESS Retreat is for educational and entertainment purposes only.
REGISTRANT RESPONSIBILITY
Registrant accepts and agrees that Registrant is 100% responsible for their attendance at the event described herein. Company makes no representations, warranties or guarantees verbally or in writing regarding Registrant’s experience. By accepting Company’s invitation, Registrant acknowledges that as with any endeavor, there is no guarantee that Registrant will reach their goals as a result of attending the event. Registrant’s participation in the event is 100% voluntary and they are doing so of their own free will and have the freedom to leave the event at any time they choose, without any refund. Client understands that a coaching relationship does not exist between the parties simply by making use of this event/product. Client understands and acknowledges that Rosanne Austin is only obligated to provide access to the event/product described herein.
PHYSICAL AND MENTAL HEALTH REQUIREMENTS
By attending the event, Registrant attests that they are in good physical and mental health to travel and participate in the retreat. Registrant is advised to consult with a physician if they have any concerns or questions about that. Company strongly recommends that Registrant secures travel insurance.
Client is expected to notify Company 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.
Lunch will be provided during all 3 days of the event and Registrant releases Company of any liability for any claim whatsoever arising out of the catering or food or beverages provided at the event. Registrant acknowledges and understands there is no way for the Company to personally secure the handling of any food items. Food and beverages are offered as a gift and Registrant can leave the premises of the program/event to secure their own food and drink if they choose. There are no express or implied guarantees that any and all food allergies or dietary restrictions will be accommodated. Registrant consumes food and beverages offered during the event at their own risk.
If by some catastrophe Company is not able to provide lunch as initially advertised, Registrant acknowledges that Company is allowed to make reasonable substitutions under the circumstances and such circumstances do not constitute loss of enjoyment of the event in any way, shape, or form.
RELEASE OF LIABILITY FOR VENUE ACCOMMODATIONS, HOTEL ACCOMMODATIONS, AND TRANSPORT
Registrant agrees and acknowledges that Company is in no way responsible for or to be held liable for any and all conditions at the event location or any other accommodation or meeting site used in conjunction with this event, or any other location Registrant chooses to visit. Registrant releases the Company from any liability whatsoever for any patent or latent risks, hazards, dangerous conditions, or otherwise that they may encounter while at the event location or during their stay. Company makes no warranties or guarantees of any conditions whatsoever. Registrant also releases the Company of any and all liability for any risks, hazards, or conditions occurring as a result of transportation to or from the event. If Registrant elects to use a transportation service to travel to the event or between the event and their accommodations, Registrant (including their heirs and assigns) releases Company of any or all liability for such transportation.
Registrant acknowledges that the Company has no control over the airlines, domestic or international, or the Federal Aviation Administration, any county or local administration of roads or any other governmental body that may be controlling access to transportation. If flights are canceled, roads closed, or waterways disrupted, Company is not responsible for any fees associated with cancellations or interruptions of such services. Company is not responsible for any loss of enjoyment of the event due to late arrivals, cancelled transportation services, or any other interruption of Registrant’s access to the the even.
Registrant is solely responsible for all costs and fees associated with their accommodations and transportation to and from the program event.
COVID-19/INFECTIOUS DISEASE ADVISEMENT
Interacting with other human beings in a closed environment, such as the event venue, may expose you to common infectious diseases such as COVID-19, colds, flu, and other transmissible ailments of the like. Even though this is common sense, Company advises Registrant to use their common sense. While Company can’t imagine that anyone would intentionally expose Registrant or others to their illness if they are sick, it is possible that someone may knowingly or unknowingly be carrying these and/or other communicable diseases. Registrant attends at at their own risk. Registrant agrees to hold Company harmless for any such exposures and acknowledges that being around other human beings comes with such risk. Neither Company, nor other 3rd parties will be actively testing anyone for these illnesses at any point in time, nor will we be asking attendees to test themselves, therefore again, Registrant assumes responsibility for her choice to be part of this event.
PHYSICAL AND MENTAL HEALTH REQUIREMENTS
By attending the event, Registrant attests that they are in good physical and mental health to travel and participate in the event. Registrant is advised to consult with a physician if they have any concerns or questions about that. Company strongly recommends that the Registrant secures travel insurance for flights or hotel arrangements.
Registrant is expected to notify Company or any other adult, if during the course of the event 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 event.
FEES
The investment for Fearlessly Fertile LIMITLESS Retreat is twelve hundred and ninety-seven US dollars ($1297 USD for General Admission)
The investment for Fearlessly Fertile LIMITLESS Retreat VIP is eighteen hundred and ninety-seven US dollars ($1897 USD for VIP Admission)
Client is responsible for any fees associated with travel and accommodations they require.
All terms and conditions of this agreement are in full effect regardless of whether Registrant receives preferential early enrollment pricing for the event/product. Client has independently evaluated their ability to pay the fees 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 their registration for the event, regardless of whether they use the event/product 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 event will be revoked until account is current and all payments have been paid in full. Coach reserves the right to permanently bar Registrant from event if account remains delinquent for more than 10 days.
REFUND POLICY
Refunds are offered if the following criteria are met:
1) The request for refund is made IN WRITING, (see definition of what constitutes IN WRITING below)
2) The request is made within 14 days of purchase
All refunds are subject to a $500 USD cancellation fee, NO EXCEPTIONS, for any reason.
A request made IN WRITING means that Registrant has sent an email to info@frommaybetobaby.com that is received, acknowledged, and responded to with the accepted request for refund from Company representative. The request for refund must be made via properly authenticated and time stamped email communications.
Requests for refund via text message will not be accepted.
Any refund processed will be for the amount of Registrant’s collected fees MINUS the $500 cancellation fee.
Registrant is encouraged to obtain travel insurance if they are concerned about their attendance.
*Event registrations are transferable, so if Registrant desires to gift their ticket to another participant, Registrant will notify company, so that the transfer of said ticket can be documented. It is Registrant’s responsibility to notify Company in writing of this intended transfer.
NO CASH VALUE OF BONUSES OR OTHER EVENT RELATED MATERIAL
There is no cash value for any preparatory materials for the event, materials offered at the event, or any bonuses offered during the registration process. If Registrant is offered any such materials, they have no cash value and if Registrant declines to use or take advantage of them, there is no refund or cash equivalent.
If Registrant is offered participation in this event/product as a bonus or gift, there is no actual cash value to this bonus or gift, meaning if Registrant chooses not to attend, they don’t get to exchange this invitation for other gifts or services. This is a one time opportunity that Registrant can choose to participate in or not, as it has no bearing to their performance or participation in any other program Coach offers.
UPGRADE TO VIP
If the Registrant desires to upgrade to the VIP option and VIP seats remain, Registrant will simply make the request IN WRITING to Company and is responsible for paying the difference between their paid fees and the current fees due for a VIP ticket. If Registrant made their initial General Admission ticket purchase during the Early Bird registration period and later wants to upgrade to VIP after the early registration is closed, Registrant is responsible for the difference in fees between their early bird ticket and standard VIP ticket pricing.
This upgrade is entirely optional and if Registrant decides to upgrade to VIP, they do so of their own volition and all terms and conditions stated here still apply.
There will be no refunds for the upgrade to the VIP option for any reason.
There is no actual cash value to the VIP upgrade, meaning if the Registrant doesn’t attend, they don’t get to exchange this VIP upgrade for other gifts or services. This is a one time opportunity that the Registrant can choose to participate in or not.
PRESENCE REQUIRED TO RECEIVE MATERIALS
Registrant acknowledges that they must be present to claim any materials, gifts, or swag bags offered as part of their enrollment. This means they must come to the physical event venue and pick up the items for themselves. Materials, gifts, or swag bags will not be mailed to Registrants. This includes those who fail to attend due to traffic, illness, or any other unforeseen circumstance.
REASONABLE SUBSTITUTIONS
Registrant understands, agrees to, and acknowledges that reasonable substitutions can be made to event venue, event materials, event content, event speakers, and any offerings associated with the event.
EVENT TIMELINES/EVENT CANCELLATION OR RESCHEDULING
Company will not be responsible to make any refund or for any loss of enjoyment or other indirect loss as a result of an event not running to the precise advertised times. Whilst every effort is made to ensure all events run as planned, in certain exceptional circumstances beyond our control, cancellation, postponement or alteration of the event may be necessary.
In the event of any cancellation, postponement or alteration You will not be entitled to a refund. No scheduled speakers may be considered as headline acts, regardless of their relative fame or prominence in the billing, and so cancellation by a speaker will not be entitled to a refund. It is Your responsibility to check that the Event has not been cancelled, rescheduled or altered. Information on such matters will be made available on behalf of Company as soon as reasonably practicable via email confirmation. Registrants are advised that circumstances giving rise to cancellation, postponement or alteration can sometimes arise immediately prior to an Event.
Company reserves the right to reschedule or postpone event due to emergencies and unforeseen circumstances. Any such postponement will be scheduled for as soon as practicable.
Registrant is encouraged again to obtain travel insurance.
NO AUDIO OR VISUAL RECORDING OF EVENT/OWNERSHIP OF MATERIALS
The audio and visual production of the event is the sole property of Company and Registrant understands and acknowledges that they do not have express or implied permission to record the event via audio or video recording of any kind. If Registrant is found to be creating recordings of any kind, they agree their device can be confiscated, any recordings deleted, and Registrant forfeits their attendance for any remainder of the event without any right to refund or compensation.
Event related materials are the property of Company and Registrant has a single use license to use materials at event and the event only.
NON SOLICITATION OF EVENT ATTENDEES
Registrants are expressly prohibited from soliciting other event attendees for services of any kind. This event is a safe space for attendees to enjoy their participation without being solicited by any competing, adjacent, or related fertility services without express, written permission by Company. If Registrant is found to be doing so in any way, Registrant will be immediately ejected from the event without right to refund, compensation, or any redress whatsoever.
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.
COVENANT NOT TO SUE
In consideration for allowing Client to participate in Coach’s program and associated activities, Client agrees to not institute, initiate, or assist in the prosecution of any suit, claim, or action at law or equity, or otherwise against Coach, Coach’s employees, or anyone associated with Coach, directly or indirectly for damages Client or Client’s heirs, executors, or administrators, or assigns hereafter may have arising from this program or any of its associated activities.
WAIVER OF PUNITIVE DAMAGES
Client understands that they are waiving and forever abandoning any claim for punitive or exemplary damages against Coach. By signing this agreement, Client expressly and voluntarily agrees to give up any right to such damages.
RELEASE OF LIABILITY
Registrant hereby releases, indemnifies, and holds harmless Rosanne Austin Coaching, LLC, and Rosanne Austin, and her affiliates, licensees, successors and assigns (collectively, the “Company”), from any and all claims, demands, liabilities, costs, and expenses (including, without limitation attorneys fees and court costs) arising from participation in this event. Participation is 100% voluntary and Registrant can elect not to participate at any time. Registrant expressly and voluntarily assumes all risk and liability in connection with the event, including without limitation, any death or injury to herself, or to any person or property, and for all other risks and liabilities arising from the event or in connection therewith. Registrant acknowledges and agrees that the Company is not responsible for any damages, costs, expenses or injuries they or their property may suffer. Additionally, Registrant hereby releases, waives, and discharges Company to the maximum extent permitted by law, of any and all liability, claims, demands, action, causes of action, costs and expenses of any kind whatsoever (including without limitation of attorneys fees and costs) arising out of or related to any loss, damage, harm, death, or other injury, that may be sustained by Registrant or Registrant’s property, whether caused by negligence of Company or otherwise. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages and causes of action that Registrant does not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future and as such, Registrant expressly understands that Texas law may provide that a general release may not extend to claims to which Registrant is unaware, but that possibility notwithstanding, Registrant still expressly waives such provisions. Registrant agrees and covenants on behalf of Registrant, Registrant’s heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, that Registrant shall not directly or indirectly institute or seek any legal, equitable (including having no right to seek an injunction), administrative, or other action, complaint, or proceeding against Company arising from or in connection with the event.
Any dispute arising out of this release must be brought before and adjudicated by the mediator of Company’s choice in the State of Texas and county of Montgomery under the laws of the State of Texas. Registrant expressly waives their right to a jury trial, in exchange for their registration for this free, voluntary event.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of Company, 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 Company to perform under this Agreement, Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. Company reserves the right to change the location of the event, if the location becomes unavailable, unsafe, or the terms of use of the facilities change. Registrant agrees to allow the Company to find an alternative location. Registrant releases Company from all liability associated with conditions or circumstances at any chosen alternate event facility.
Registrant assumes any risk associated with attending the event.
MEDIA RELEASE
For good and valuable consideration (free attendance at event), receipt and sufficiency of which is hereby acknowledged, I authorize Rosanne Austin Coaching, LLC, Rosanne Austin, and her assigns, licensees, successors, agents, and affiliates (collectively “The Company” to make use of my appearance (as defined below) on or at, and/or in connection with the Company’s events and programs, marketing, educational products, websites, or in connection with any other media or platform now known, hereafter devised, or used by Company in perpetuity (each of the foregoing individually and collectively “the Program”). I agree that Company may tape and photograph me, my performance, and record my name, likeness (including without limitation, any still photographs, artistic or creative renderings or caricatures, normal actions, gestures, and facial expressions), name (including and without limitation any professional name or sobriquet) and/or voice (including and without limitation, my speaking, singing, and or musical or other performance), and any biographical material concerning me, conversation and sounds during and in connection with my appearance, and that Company shall be the exclusive owner of any and all rights and the results and proceeds of such audio and/or video taping, filming, photography, and recording (collectively “Appearance”) with the right to use, copyright, and to license others to use, all or any portion thereof, or a reproductions thereof, for the promotion, marketing, advertising, sale, publicizing, distribution, production, licensing, and exploitation of the Program, the Company and/or otherwise, and in connection with any ancillary products related to the Company and/or Program in any and all media now known or hereafter devised throughout the world and for an unlimited number of times in perpetuity. For the purposes of clarity, I expressly waive any and all moral rights I may have in connection with the Appearance. I further represent that any statements made by me during my appearance are true, any material I perform or provide is wholly original and owned solely by me, and that neither they nor my appearance will violate or infringe upon the rights of Company and/or any third party. I hereby waive any right of inspection or approval of my Appearance or the uses to which such Appearance may be put and I acknowledge that Company will rely on this permission. I acknowledge that in entering into it, I am not relying upon any promises or statements not contained in this release. Company may assign or transfer this release or all or any of the portion of the rights granted herein to any third party.
SEVERABILITY/WAIVER
If any provision of this Agreement is held 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.
MISCELLANEOUS
1) 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.
2) TERMINATION. Company is committed to providing all Registrants for the event with a positive event experience. Registrant agrees that the Company may, at their sole discretion, terminate this Agreement, and limit, suspend, or terminate Registrant’s use of or attendance at the event. The obligations of the Registrant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement.
3) INDEMNIFICATION. Registrant shall defend, indemnify, and hold harmless Company, 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/program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any affiliates or successors. Registrant shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement.
4) CONFIDENTIALITY. Due to the uniquely personal and deep nature of the coaching experience, Registrant agrees to honor other participants’ privacy and confidentiality. No recording of the event by Registrant is allowed. Registrant agrees to hold disclosures made by other participants in strict confidence.
By completing and electronically signing this form I hereby agree to the following:
Terms and Conditions
Please READ Carefully By purchasing participation in this program you expressly (herein referred to as “Client”) agree to 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 Expect To Expect On Demand 4-Day Challenge (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
Day 1: Radical Redirect: Disappointed by your results in 2023? Learn a 2-step process for immediately getting off the pain train AND use a FOOLPROOF tool for helping you identify exactly where your attention needs to be if you want to make 2024 The Year of Your Baby.
Day 2: Situational Awareness: 95% of our thoughts and behaviors are unconscious–and 60% of those are NEGATIVE. Learn the EXACT systematic sabotage that can keep you in a loop of fertility failure. Want better results in 2024? You’ve got to learn THIS.
Day 3: Forward Focus:
The #1 reason women get stuck on this journey is they get trapped in past heartbreak. Learn what it takes to neutralize stories from your past, so you can focus on the PRESENT, and create the fertile future you really want.Day 4: EXPECT To Expect, Guaranteed: Step by step, learn exactly what each and every one of my Miracle Mamas did to GUARANTEE their success–no matter how “bad” their previous results were, how long they were trying, or what the statistics said. You DON’T want to miss this!
FEES
The investment for this program is four hundred ninety-seven US dollars ($497 USD), unless Client is specifically offered a promotional price for their enrollment.
All terms and conditions of this agreement are in full effect regardless of whether Client pays the full price or takes advantage of promotional 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.
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. If you are not ALL IN on this program, do not sign up for it.
Should Client get pregnant during this program, mazel tov! She can use the remaining time in the program to support her during early pregnancy--which tends to be one of the most stressful times on the fertility journey. No refunds are given due to this or any other change in circumstance.
UNUSED PROGRAM MATERIALS/ELEMENTS
Any unused portion of any teaching session, Q&A session, or course material does not carry over, nor does it have any separate cash value.
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.
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.
COVENANT NOT TO SUE
In consideration for allowing Client to participate in Coach’s program and associated activities, Client agrees to not institute, initiate, or assist in the prosecution of any suit, claim, or action at law or equity, or otherwise against Coach, Coach’s employees, or anyone associated with Coach, directly or indirectly for damages Client or Client’s heirs, executors, or administrators, or assigns hereafter may have arising from this program or any of its associated activities
WAIVER OF PUNITIVE DAMAGES
Client understands that they are waiving and forever abandoning any claim for punitive or exemplary damages against Coach. By signing this agreement, Client expressly and voluntarily agrees to give up any right to such damages.
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. Client consents to the use of their likeness by coach and grants Coach right to use their likeness without any payment of royalties in perpetuity.
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 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 be 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 Texas. Client agrees that the venue for any such mediation will be the State of Texas. 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 amounts they could receive in relief of any kind.
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 affected 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 Texas, 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.