Coaching and Membership Site Terms and Conditions

Effective date: June 2021

This Service Agreement ("Agreement") is entered into between the purchaser ("Client") and Allison Fab/FABover ("Company"). It is agreed as follows:

Company-Client Relationship

Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Company. As such, the Client agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Company. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Company.
The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

Scope of Services. Client hereby retains Company to provide coaching services, to include the following:

Description of Coaching Services: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Company and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

Tools to be Provided by Client. Client will provide all tools, information and documentation that may be required by Company to effectively perform its responsibilities under this Agreement.
Independent Contractor Status. The parties intend Company to be an independent contractor in the performance of the services, and in no way shall be referred to or treated as an employee of Client.
No Guarantees. Company cannot guarantee the results of the services and Company’s comments about the outcome are expressions of opinion only.

Client accepts and agrees that Client is 100% responsible for its progress and results from the program. Company will help and guide Client; however, participation is the one vital element to the program’s success that relies solely on client. Company 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 signing below, client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that client will reach his or her goals as a result of participation in the program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the services offered in this program shall be provided to client in accordance with the terms of this agreement.
Confidentiality. Client acknowledges that it will be receiving information that is proprietary and confidential to Company. Client will not intentionally disclose, and will use its best efforts to prohibit the unintentional disclosure of any confidential or proprietary information concerning Company. All information furnished to Client by Company will be considered confidential or proprietary information, unless otherwise indicated by Company. Client agrees to keep details of discussions confidential, but retains the right to use non-specific versions of issues discussed as topics in her marketing campaigns and social media during and after the coaching period.
Termination. On signing of this agreement by both parties hereto, the Company will reserve the date and times ranges agreed upon. For this reason, all payments are non-refundable.

REFUNDS.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. To further clarify, no refunds will be issued.

Refund Policy for Specific Products that Offer a 7-Day Money Back Guarentee:

7-Day Money Back Guarantee for products that designate the guarantee on the sales page.

We want you to be satisfied with your purchase but we also want you to give your best effort to apply some of the game-changing strategies you’ll learn in our online courses. We offer a 7-day refund period for designated purchases.

If you are unsure whether or not your purchase qualifies, please see the sales page or contact our help desk. Only products that do not involve any direct interaction (via text, video, or audio) with Allison Fab or anyone from Team FABover qualify for the 7 Day Money Back Guarentee.

In the event that you decide your purchase was not the right decision, within 7 days of enrolment, contact our support team at allison@fabover.com and let us know you’d like a refund by the 7th day at 11:59 EST.

Notes about our refund policy:

1. Within the first 7 days from original date of purchase, you can request a refund on designated programs.

2. No refunds will be given after 7 days from the original date of purchase. After day 7, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you use the information or not.

3. All refunds are discretionary as determined by Allison Fab | FABover.com . If you download all the materials, take advantage of the special deals/discounts, and then ask for a refund, we reserve the right to deny your request. Why? Our generous refund policy was built to give people the opportunity to see if the Program is a good fit for their business. Stealing the material is NOT covered under this policy.

To further clarify, we will not provide refunds after the 7th day from your date of purchase (not even one day afterwards) and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting our support team directly. The support can be reached at: allison@fabover.com
Cancellations. Session time is held for you. If you miss a session without notice, the canceled session will automatically be deducted from those available in your chosen package. In the event of an emergency, any decision to reinstate a session is entirely at the discretion of the Company. In the unlikely event that the Company has to cancel due to an emergency, the Company will make reasonable efforts to be available for a rescheduled session as soon as possible. You are required to give at least 4 hours’ notice if you are unable to attend a coaching session.
Dispute Resolution: If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Company agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
Miscellaneous. This is the entire Agreement between the parties and supersedes all prior agreements and negotiations between the parties. The laws of California shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the parties to this Agreement.

NON-DISCLOSURE OF COMPANY MATERIALS.

Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.

Company’s program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. Further, by acknowledging that you have read this agreement, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

When a purchase is made, you are agreeing that you have read this Agreement and that you understand and agree to its terms and conditions.

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, 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 Company to perform its obligations under this Agreement, the Company’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 by 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.

Miscellaneous

LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, 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 participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that 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 the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

Non-Disparagement

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, verbalise 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, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

Assignment

Client may not assign this Agreement without express written consent of Company.

Modification

Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.

Termination

Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company 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 Company. Client will still be liable to pay the total contract amount.

Indemnification

Client shall defend, indemnify, and hold harmless Company, Company’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 Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognises and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company 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 “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Programs.

Resolution of Disputes

All claims against Company 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 solicitor fees.

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.

Notices

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 email. Email: info@My Course Name.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. These Terms and Conditions are governed by England & Wales Law and any dispute shall be subject to the exclusive jurisdiction of the England & Wales Courts.

Earnings Disclaimer

Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Duty to Read

I accept that under this agreement, I have a duty to read this sales agreement and disclosure policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defence against all remedies contained herein.

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