This Client Agreement is legally binding. It is your responsibility to read this Client Agreement carefully prior to your use or access of any of our Programs, Products and Services collectively referred to moving forward as PROGRAM(S).
PROGRAM DESCRIPTION: Your purchase includes the following services:
12 Weeks of group sessions
Two (2 ) 60-Minute 1:1 Calls
Accountability from me via private messaging community
Fertility education/ support.
PRICING: The cost of the program is $1,879 or the payment plan you have chosen at checkout.
REFUNDS: You understand that all program purchases with Primal Roots Fertility are refundable 48h after purchase.. After the 48h , the PROGRAMS are non-refundable.
PAYMENT PLAN AND LATE PAYMENTS: Fees for this program are due in full or, if You signed up for a payment plan, according to Our payment plan. By signing up for a payment plan, You authorize Our continued access to Your financial information stored by Our third-party financial processing company, Stripe, until Your payment plan is complete. Late payments are subject to a 3% interest charge per month for any outstanding sum left unpaid. For all payments that are more than 60 days outstanding, Primal Roots Fertility reserves the right to send You to collections, upon which You will owe the total amount of all outstanding payments, plus any collection costs including reasonable legal fees. You understand that certain payment plans last longer than the duration of the PROGRAMS, and if you signed up for one of these 6-, 8-, 10-month, or longer payment plans they will continue despite the completion of the program. In the event you chose to dispute a transaction with your financial institution, we reserve the right to present proof of Your access to the PROGRAMS and this Client Agreement to the financial institution investigating the dispute.
INTELLECTUAL PROPERTY: You understand Primal Roots Fertility owns the rights to the materials, paid or free, presented as part of or related to the PROGRAM(S). You are not allowed to reproduce any part of our website, program, products, service materials, or related communications or share these materials with anyone else.
You are receiving a limited, non-transferable, non-exclusive, revocable license to access the content or materials in the PROGRAM. You may access, download, and print the materials as required. You may NOT re-sell or trade your access, share the offering with anyone else, republish the offering in part or in whole, reproduce, edit, remix, alter in part or whole for distribution as your own work, or use our offering in an unlawful way.
DISCLAIMER: You completely understand that Primal Roots Fertility services and materials and all aspects of the PROGRAM do not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship. Further, the PROGRAM is for educational and informational use only and shall not constitute medical advice. You also understand Elizabeth may be a nutrition professional, but is not acting as a medical professional in relation to the PROGRAMS and does not protect my business in this regard. You understand that the services, communications, materials, and information provided during the PROGRAM are in no way intended to diagnose, cure, or treat any medical or health condition. If Primal Roots Fertility suspects the existence of disease, disorder or condition, You will be informed of this suspicion. However, You acknowledge this is not a diagnosis or conclusion about the state of Your health and that You are directed to promptly consult a licensed Physician, Therapist, or Psychologist about any suspected problems. The PROGRAM will not be used in place of Your physician’s, therapist, or psychologist recommendations. You also understand that while the Company makes every effort to make accurate statements Primal Roots Fertility cannot guarantee that all materials are accurate and up to date. You understand that any use of the materials provided is at your own risk. If you see errors or omissions please let us know at [email protected]
MEDICAL DISCLAIMER: You understand that the services, communications, materials, and information provided by Primal Roots Fertility are in no way intended to promise health outcomes. Health outcomes and actual income results may vary. Your unique circumstances such as your background, health , level of effort, and other factors outside of Primal Roots Fertility control will impact your results. Further, any testimonials shared with You are not indicative of typical performance.
WARRANTY DISCLAIMER: YOU UNDERSTAND THAT ALL PROGRAMS ARE PROVIDED “AS IS” AND WITHOUT A WARRANTY EITHER EXPRESSED OR IMPLIED. WE DO NOT EXPRESS OR IMPLY THAT PROGRAMS ARE FIT FOR A CERTAIN USE, FREE OF ALL ERRORS OR ADMISSIONS, OR FREE OF COMPUTER VIRUSES. WE DO NOT WARRANT OR MAKE REPRESENTATIONS OF THE USE OR THE RESULTS OF Primal Fertility Roots.
RELEASE OF USE OF IMAGE AND LIKENESS: You warrant and represent that you own the copyright to any materials, including images, that you provide by default or voluntarily related to the PROGRAMS. You grant Primal Roots Fertility a commercial license to any images(s), video(s), and content You provide by default or voluntarily as part of the Offering or by Our request. By providing these materials You voluntarily release Your image and likeness which may be used by Us for reasonable future business use. We are not required to notify You or anyone in the photographs of Our use and publication of Your image or likeness that was submitted by default or voluntarily. You have no right to confidentiality unless otherwise explicitly stated in writing.
LIMIT OF LIABILITY: Primal Roots Fertility WILL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR THE INFORMATION, PRODUCTS, OR MATERIALS THAT YOU RECEIVE THROUGH OR IN RELATION TO THE PROGRAMS. WE DO NOT ASSUME LIABILITY FOR ANY THIRD-PARTY CONDUCT, ACCIDENTS, DELAYS, HARM, OR OTHER DETRIMENTAL OR NEGATIVE OUTCOMES AS A RESULT OF YOUR ACCESS TO THE PROGRAMS AND RELATED MATERIALS.
UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE) SHALL Primal Roots Fertility BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE, OR INABILITY TO USE, PROGRAMS OR RELATED MATERIALS. WHEN YOU USE OUR PROGRAMS OR ANY OTHER INFORMATION PROVIDED BY Primal Roots Fertility YOU ARE ACTING AT YOUR OWN RISK AND WE ASSUME NO RESPONSIBILITY.
IN NO EVENT SHALL Primal Roots Fertility TOTAL LIABILITY UNDER ANY THEORY OF LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING LEGAL FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS PROGRAMS OR $200.
INDEMNIFICATION: You agree to indemnify and hold harmless Primal Roots Fertility and its employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to the PROGRAMS, including legal fees and expenses.
ASSUMPTION OF RISK: By accessing the PROGRAMS or any other materials provided free of charge, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
EXPECTATIONS: By joining this program you agree that you are 100% committed and ready to take the steps required to prioritize this program and achieve your goals. You also agree that you will join each coaching session on time and without distractions.
CANCELLATION AND RESCHEDULING: You may reschedule a call provided you provide at least 24 hours of notice. Appointments that are changed within 24 hours of their start, or further appointments where you are more than five (5) minutes late are considered a “no show” and the call will be forfeited. All of the Twelve (12) calls must be completed during the Three (3) Month PROGRAM and any calls that are still outstanding at the end of the program will be forfeited. You may book at most two (2) calls in any given seven (7) day period. There will not be a refund for any forfeited calls.
FORCE MAJORE: Primal Roots Fertility may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the company that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, infestation, plague, or other similar occurrences), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of Primal Roots Fertility such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
GOVERNING LAW: The laws of NYgovern all matters arising under or relating to this Agreement, including torts.
NOTICE: Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via email at [email protected] or the email You used to sign up for the PROGRAMS.
SEVERABILITY: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
MERGER: This Agreement constitutes the final, exclusive agreement between the Parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
AMENDMENTS: The Parties may amend this Agreement only by the Parties’ written agreement with proper Notice.
ASSIGNMENT: Neither Party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided in this Agreement.
TITLES: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
DISPUTE RESOLUTION: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.