TERMS & CONDITIONS OF The Soulful Goddess® PROGRAM PARTICIPATION
Please READ the following with care. By purchasing this product you (herein referred to as “Client”) agree to the follow terms stated in this document.
Chelle Fisher agrees to provide Program, “The Soulful Goddess” (the “Program”) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands, Chelle Fisher (herein referred to as "Consultant") is not an employee, agent, lawyer, doctor, manager, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues, they should see their registered physician or other practitioner as determined by their own judgement. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
The fee for The Soulful Goddess Program is 1 payment of $497 (due in full at time of enrollment)
The fee for The Soulful Goddess Plus Program is 1 payment of $697 (due in full at time of enrollment)
All program fees are to be made in the currency of the Client’s country.
METHODS OF PAYMENT
Fees must be paid for by PayPal via Consultant’s website.
Client understands that Chelle Fisher has a no refund policy and Client agrees and covenants to pay all fees in accordance with the detailed above.
Client recognizes that the Program will involve Client and Consultant
discussing personal information relating to themselves or related entities. Such information may include, without limitation, information with respect to Clients’ (or their affiliated entities’) or other similar information (the “Confidential Information”).
Client shall not disclose or disseminate any such Confidential Information obtained during the Program and shall only discuss confidential information learned during the Program within the Program itself.
Client shall not post any pictures or video from any Program event on any web, social media, or internet site, or disseminate such pictures or video to any third party, without the express written permission of Chelle Fisher.
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
5. Suspension under thissection does not void Client’s obligation to pay the entire program fee owed. The Company has no obligation to reimburse any fees paid byClient.
NO TRANSFER OF INTELLECTUAL PROPERTY
Chelle Fisher’s program is copyrighted and 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 Chelle Fisher’s intellectual property for Client’s purposes, unless explicitly given permission. All intellectual property, including Chelle Fisher’s copyrighted program and/or course materials, shall remain the sole property of Chelle Fisher.No license to sell or distribute Chelle Fisher’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights,
(2) that any Confidential Information shared by Chelle Fisher is confidential and proprietary, and belongs solely and exclusively to Chelle Fisher, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Chelle Fisher. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Chelle Fisher will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Program is developed for strictly personal purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Chelle Fisher makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Chelle Fisher assumes no responsibility for errors or omissions that may appear in any program materials.
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 Chelle Fisher to perform its obligations under this Agreement, Chelle Fisher’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
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.
LIMITATION OF LIABILITY
Client agrees they use the Chelle Fisher’s services at their own risk and that Program is only a service being provided. Client releases Chelle Fisher, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releases") from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Chelle Fisher 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 Chelle Fisher’s services or enrolment in the Program. Chelle Fisher assumes no
responsibility for errors or omissions that may appear in any of the program materials.
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. Neither Client nor any of Client’s associates, employees or affiliates 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, Chelle Fisher or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of Chelle Fisher.
Chelle Fisher may modify terms of this agreement at any time. All modifications shall be posted on Chelle Fisher’s website and purchasers shall be notified.
Client shall defend, indemnify, and hold harmless Chelle Fisher, Chelle Fisher’s officers, employers, 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 wilful misconduct by Chelle Fisher, or any of its shareholders, trustees, affiliates or successors. Client shall defend Chelle Fisher in any legal actions, regulatory actions, or the like arising from or related to this Agreement.
Client recognizes and agrees that all of Chelle Fisher’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Chelle Fisher. In consideration of and as part of my payment for the right to participate in Chelle Fisher Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Chelle Fisher and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releasees") of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted for arbitration. All claims against Chelle Fisher must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety
(90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (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 arbitration and attorney fees.
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.
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: email@example.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. 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 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.
This Agreement shall be governed by and construed in accordance with the lawsof the State of South Australia, Australia.
Chelle Fisher is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that Chelle Fisher may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund if Client becomes disruptive to Chelle Fisher or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Chelle Fisher.
By full payment of the fees for the program, the Client, agrees to the above conditions and conditions detailed herein.