TERMS OF PURCHASE RACHAEL FISHER COACHING

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by RACHAEL FISHER (“Coach”), acting on behalf of RACHAEL FISHER COACHING  (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions: 

1. TERMS. 
1. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with Ecstatic (“Program”). 
2. The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s website as part of the Program.
3. Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances. 
4. Client agrees to be open, present and prepared to complete the work.
5. Client is responsible for his/her own success and implementation of objectives met.
6. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client shall not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
   
   
2. DISCLAIMERS.
   1. By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and their services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided. The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client.
   2. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party. Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
      
      
3. ASSUMPTION OF RISK, RELEASE, WAIVER OF CLAIM AND INDEMNITY
   
   In consideration of Coach allowing me to participate in the Event (as that term is defined and described below), I agree as follows:
   
   
   1. ASSUMPTION OF RISK
      1. I ACKNOWLEDGE AND AGREE THAT participation in the Event involves potential dangers, risks and hazards.
      2. I FURTHER ACKNOWLEDGE AND AGREE THAT my participation in the Event is entirely at my own risk and that I freely accept all the inherent risks of participating in the Event and the possibility of personal injury, death, property damage and loss resulting therefrom.
      3. I FURTHER ACKNOWLEDGE AND AGREE THAT COACH's acceptance of my involvement as a participant in the Event does not and will not make me an agent, contractor, employee or partner of Company.
         
         
   2. RELEASE AND WAIVER OF CLAIM
      1. I WAIVE ANY AND ALL claims I may now, and in the future, have against, and release and discharge from all liability, and agree not to sue, Company, its officers, employees, agents, representatives, and each of them and their respective agents, administrators, representatives, heirs, successors and assigns (the "Releasees"), with respect to any and all liability, costs (including legal costs), claims, damages, demands, actions and causes of action of whatever kind which might arise from or in connection with my participation in the Event including, without limitation, any personal mental or physical injury, illness, death, property damage, loss of personal freedom or financial loss or other loss suffered by me or any other family members or dependants, arising, directly or indirectly, from my participation in the Event, whether foreseen or unforeseen and regardless of the cause thereof including, without limitation, negligence or partial negligence on the part of the Releasees or any of them.
         
         
   3. INDEMNITY
      1. I AGREE to hold harmless and to indemnify the Releasees for any and all claims made against any of the Releasees by any person, including any claim or action by or on behalf of my spouse or dependants (present or future), for damages suffered or costs incurred arising out of or related to any aspect of my participation in the Event, including, without limitation, any of the matters described or contemplated at item 3.2. above.
         
         
   4. UNDERSTANDING
      1. I DECLARE that I fully understand the terms of this Agreement and that I have not been influenced by any representations or statements made by or on behalf of Coach not recorded herein.  
      2. I CONFIRM THAT I am the full age of 18 years and I have read and understood this Agreement prior to signing it and I agree that the legal rights and obligations under this Agreement will be binding upon my heirs, next-of-kin, executors, administrators and successors. I am aware that by signing this Agreement I am releasing and waiving certain legal rights, including the right to sue and to be awarded potentially substantial damages, which I or my heirs, next-of-kin, executors, administrators and assigns have or may have against the Releasees.
         
         
4. PAYMENT AND REFUND POLICY.
   1. Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount.
   2. The Company does not offer refunds to ensure that clients are fully committed to the Program. There are no exceptions to the refund policy.
   3. The Client authorizes the Company to charge the credit card(s) at the time that charges are due and shall not require a separate authorization for each charge.
   4. The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to all three credit reporting agencies as a delinquent account.
      
      
5. INTELLECTUAL PROPERTY RIGHTS.
   1. In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement.
      
      
6. RECORDING AND REDISTRIBUTION OF CALLS.
   1. Client acknowledges that the calls in the Program will be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.
      
      
7. RELEASE.
   1. Company may take photographs, videos, audio recordings, or other recordings during the Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
      
      
8. NON-DISPARAGEMENT.
   1. Client agrees, during and after participation in the Program, to refrain from making any statements, whether oral or in writing, that negatively impact the Company’s program, business, services, products, or reputation.
9. GOOD FAITH. 
   1. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
      
      
10. DISCLAIMER OF WARRANTIES.
    1. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
       
       
11. LIMITATION OF LIABILITY.
    1. By using Company’s services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. 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 the Program. Client agrees that use of this Program is at user’s own risk.
       
       
12. ASSIGNMENT.
    1. This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement as this program is non-transferable.
13. GOVERNING LAW.
    1. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, regardless of the conflict of laws principles thereof.
       
       

14. ENTIRE AGREEMENT. 

    1.  This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.