TERMS & CONDITIONS

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 as part of Rachel B. Garrett Coaching, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:

(a) Upon purchase and execution of this Agreement, Client will be provided with the following content and/or services as detailed on https://rachelbgarrett.vipmembervault.com/ (“the Website”) and selected prior to purchase.

(b) The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website.

(c) The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.

(d) The Company may from time to time offer additional services to Client for an additional fee.

(e) Client agrees not to share login details and/or materials with any third parties.

(f) Client agrees to schedule and use all coaching sessions within 120 days of original purchase.

PAYMENT AND REFUND POLICY.

(a) Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.

(b) No refunds will be provided.

RECORDING AND REDISTRIBUTION OF CALLS.

Client acknowledges that group calls and/or trainings may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company. Client grants Company a license to use their name, image and likeness for purposes of the Program and promotional purposes.

RELEASE.

Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation.

Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

INTELLECTUAL PROPERTY RIGHTS.

In respect of the material specifically created for the Client, including modules, videos, documents, or other content (known collectively as the “Material”), the Company 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 Company to the Client, nor grant any right or license other than those stated in this Agreement.

Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.

Clients use of any materials found in the Program or content other than that expressly authorized in this Agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). Client agrees to pay liquidated damages of five (5) times the total fees paid in the event of your Unauthorized Use, or a minimum of $5,000, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the intellectual property rights terms in this Agreement would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling Company to obtain injunctive relief, without bond, in addition to all legal remedies.

DISCLAIMER OF WARRANTIES.

The Services provided to the Client by the Company 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.

LIMITATION OF LIABILITY.

By using the Company’s Services, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company 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 use or misuse.

DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Albany, New York or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.

GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.

NOTICES.

All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to careercommand@rachelbgarrett.com.

ENTIRE AGREEMENT.

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