COURSE BOOKING TERMS AND CONDITIONS

1. BASIS OF AGREEMENT

1.1 These terms apply to any course offered by Melissa Fino & Love Your Life Community (“the Company”) from time to time. 

Such courses may include:

(a) 70 Days to 102K

(b) Badass Business Builder 101

(c ) Badass Business Builder 201

(d) Six Figures Foundation

(e) Unfuckwtihable

(f) Master Your Message

1.2 Any Order which you seek to place with the Company through the Company’s website or otherwise constitutes an offer by you to purchase a place on the relevant Course subject to these terms and conditions to the exclusion of all other terms and conditions.

1.3 Your Order shall only be deemed to be accepted by the Company when the Company notifies you in writing, usually by email, that your application is approved on which date (the Commencement Date) a contract between you and the Company shall come into existence on the basis of these terms and conditions and any additional terms set out in the Company’s notification of approval (the Contract).

1.4 The Contract constitutes the entire agreement between you and the Company. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.

1.5 Any example coaching or training sessions or presentations, descriptive matter or advertising issued by the Company, and any illustrations or descriptions of the Courses contained in our catalogs, brochures, or website are issued or published for the sole purpose of giving an approximate idea of the Courses described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms and Conditions.

1.6 The Client agrees that they will not canvas, promote or advertise their products or services to any employee, client, or contractor of the Coach or use their participation within the Program to canvas, promote, or advertise their products or services without the Coach’s express consent, such consent not to be unreasonably withheld. 

2. SUPPLY OF SERVICES

2.1 Subject to receipt of the Charges by the Company in full we shall supply the Course to you in accordance with the adult and work-based learning principles set out on our website from time to time.

2.2 We shall have the right to make any changes to the Course which are necessary to comply with any applicable law or safety requirement which do not materially affect the nature or quality of the Course, or which we consider desirable or appropriate in connection with the Course.

2.3 The services to be provided by the coach as part of the mentorship program are coaching, mentoring, and support services which are designed to support the client in achieving growth within yourself and your business.

2.4 The coach will deliver the services via ZOOM or any other online face-to-face meeting room.

2.5 In delivering the services the coach may engage the services of their employees, contractors, and other third-party providers as necessary.

2.6 The client understands and acknowledges that it is their responsibility to attend the sessions at the scheduled time. 

2.7 In the event that said coach is unable to attend a scheduled session then the coach will make all reasonable attempts to provide the client with as much notice as possible and shall ensure that the session is rescheduled to a mutually agreed upon time.

2.8 The client understands and accepts that it is their responsibility to attend sessions at scheduled times. The client understands that they can reschedule appointments within 48 hours of appointment but appointments that are scheduled within less than 48 hours may be forfeited.

2.9 The coach further agrees that throughout the duration of this contract the coach will be available to the client by email at [email protected]. The coach shall use all reasonable endeavors to respond to the client within 48 hours. 

 

3: Your Obligations as our Client

3.1 As our client, you are obligated to provide a reasonable level of cooperation in connection with our representation. This means we expect you to be available for all scheduled appointments, promptly respond to emails, return phone calls, and provide documents and materials that we need for our representation.

3.2 The Client accepts and understands that they are solely responsible for making decisions and taking appropriate action as a result of any matters reviewed or discussed during the Program and that the Coach shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the Client’s participation in the Program. 

3.3 To maximize the efficiency and results of the Program the Client accepts that they will be encouraged to disclose personal and/or confidential information. The Coach understands and respects the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for his/her benefit or the benefit of any other person or entity, the Client’s ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential Information”) that the Client may disclose to the Coach or that may be disclosed as part of the provision of the Services to which this Agreement relates. 

3.4 The Client agrees and understands that participation in the Program does not guarantee results or success. As part of the Program, the Client will have access to information, resources, people, and support all designed to benefit the Client but it is the Client’s responsibility to take action and to implement the necessary information received and/or skills or tools shared. 

The Client accepts and understands that any materials and information provided during the Program and delivery of the Services is for general information purposes only and does not constitute legal or financial advice. 

3.5 The Client agrees that they will not canvas, promote, or advertise their products or services to any employee, client, or contractor of the Coach or use their participation within the Program to canvas, promote, or advertise their products or services without the Coach’s express consent, such consent not to be unreasonably withheld. 

3.6 The Client agrees that during the Program and for 24 months afterward, they shall not solicit any of the Coach’s clients or prospective clients without the Coach’s express consent, such consent is not to be unreasonably withheld.

3.7 The client has committed to completing a video testimonial at the end of the contract.

3.8 This clause will not apply in the event the Coach is subject to a relevant court or other forms of legal or statutory order requiring disclosure by the Coach.

 By entering into this Agreement the Client hereby agrees and undertakes; 

-not to infringe any of the Coach’s copyrights, patents, trademarks, trade secrets, or other intellectual property rights; 

that any Confidential Information disclosed by the Coach is confidential and proprietary and belongs solely and exclusively to the Coach that disclosed it; 

-not to disclose such Confidential Information to any other person or use it in any manner other than in discussion during Program sessions; 

-that all materials, information, and any data provided by the Coach are that individual’s confidential and proprietary intellectual property and belong solely and exclusively to them, and may only be used by the Client as expressly authorized by the Coach; and 

-the reproduction, distribution, and/or sale of any information or materials provided during provision of the Services or at any time thereafter by anyone but the Coach is strictly prohibited. -The Client agrees that in the event of any breach of their obligations contained in this Agreement then damages, loss, or irreparable harm may arise and that in such circumstances the Coach will be entitled to seek relief, including injunctive relief against the Client.

 

As part of the delivery of the Services, the Coach will provide certain materials and resources under license. These materials shall include, but not be limited to, Program handouts, workbooks, Program materials, and resources. Where any of the materials and resources provided by the Coach contain intellectual property belonging to a third party and not the Coach, the use of that material will be governed by that third party’s terms and it shall be the Client’s responsibility to seek consent to use that material. The Coach will not be liable to the Client in respect of the Client’s use or attempted use of materials that contain intellectual property belonging to a Third Party. 

3.9 The Coach will grant to the Client a personal, limited, non-transferable, non-exclusive, revocable license to access and use the materials and resources provided as part of the Program solely for the Client’s business purposes and for the purposes as intended by this Agreement. 

The Client must not use any of the materials or resources provided by the Coach during the delivery of the Program for: 

any commercial purpose or benefit without first obtaining the Coach’s express written permission and relevant license if applicable; 

any unlawful purposes, would cause harm or distress to another person or would cause damage to our business or reputation. 

No recording of any of the Program Sessions or any live webinars or video resources that are shared by the Coach as part of the Program is permitted without the Coach’s express consent. 

In respect of the Services to be provided under this Agreement, the Parties agree on any information, whether confidential or not that is shared between the Parties, that they shall be individually responsible to comply with all relevant data protection legislation. The client understands that participation in this group does not guarantee results or success.

The client accepts and understands that any information provided during the course of this program is for informational purposes only and does not constitute legal or financial advice. The client must not use any of the materials or resources provided by the coach without explicit written permission from the coach.

4. CHARGES AND PAYMENT

4.1 The charges for the Course (the Charges) shall be as described on our website at the Commencement Date.

4.2 Payment in full of the Charges shall be received by the Company in cleared funds before the commencement of the course, unless by prior written agreement with Melissa Fino.

4.3 Should the Charges not have been paid in accordance with the Contract you will not be permitted to continue the Course.

4.4 All amounts payable by you under the Contract are exclusive of amounts in respect of value-added tax chargeable for the time being.

4.5 Subject to clause 4, Charges are non-refundable.

5. REFUND POLICY

5.1 No refund policy shall be applied to the client's purchase.

6. SICKNESS AND ILL-HEALTH

6.1 If our performance of any of our obligations under the Contract is prevented or delayed due to sickness or ill health or the sickness or ill health of any of our employees, agents, or subcontractors we shall inform you as soon as is reasonably practicable and such sickness or ill heath shall constitute a Force Majeure Event for the purposes of clause 9.1.

7. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

7.1 We have spent considerable time and costs in the development of our coaching and training systems and processes and all the information which we, our employees, agents, or subcontractors provide in relation to the Course and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in lectures, seminars, discussions, coaching and training sessions (the Materials). You acknowledge and agree that such information and materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes, and initiatives. You shall not make or permit the making of any copies, reproductions, recordings, interpretations, or analyses of course materials and shall restrict disclosure of any confidential information to such of your employees, agents, or subcontractors as need to know it for the purpose of performance of the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality and obligations prohibiting the reproduction of materials corresponding to those which bind you.

7.2 All Intellectual Property Rights (defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by the Company and nothing in the Contract shall grant you any Intellectual Property Rights.

7.3 For the purposes of this clause 6, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

7.4 This clause 6 shall survive termination of the Contract.

8. LIMITATION OF LIABILITY

8.1 Nothing in these Conditions shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.2 Subject to clause 8.1:

(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid under the Contract.

8.3 Except as set out in these Conditions, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

8.4 The Client agrees and understands that participation in the Program does not guarantee results or success. As part of the Program, the Client will have access to information, resources, people, and support all designed to benefit the Client but it is the Client’s responsibility to

take action and implement the necessary information received and/or skills or tools shared.

8.5 This clause 7 shall survive termination of the Contract.

9. TERMINATION

9.1 Without limiting our other rights or remedies, we shall have the right to terminate the Contract or cancel any Order immediately by notice to you.

10. GENERAL

10.1 Force majeure:

(a) For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs, or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

(b) We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.

(c) If the Force Majeure Event prevents the Company from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.

10.2 We may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.

10.3 No failure or delay by the Company in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.

10.4 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

10.5 Except as set out in these terms and conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Company.

10.6 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, United States law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of San Diego & California.

10.7 The client has committed to completing a video testimonial at the end of the contract.

WEBSITE USAGE

You will be able to access most areas of these Websites without registering your details with us. Certain areas of these Websites are only open to register Melissa Fino users.

We may revise these terms and conditions at any time by updating this posting. You should check these Websites from time to time to review the then-current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

LICENSE

• You are permitted to print and download extracts from this Website for your own use on the following basis: (a) no documents or related graphics on this Website is modified in any way; (b) no graphics on this Website are used separately from accompanying text, and (c) any of our copyright and trademark notices and this permission notice appear in all copies.
• Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this Website, other than in accordance with points a, b, and c above, is prohibited. If you breach any of the terms in these terms and conditions, your permission to use these Websites automatically terminates and you must immediately destroy any downloaded or printed extracts from these Websites.
• No part of this Website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
• Any rights not expressly granted in these terms are reserved.

SERVICE ACCESS

• While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
• Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control.

VISITOR MATERIAL AND CONDUCT

• Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
• You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the US or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse this Website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of points a, b, or c above.

LINKS TO AND FROM OTHER WEBSITES

• Links to third-party websites on this Website are provided solely for your convenience. If you use these links, you leave these Websites. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to these Websites, you do so entirely at your own risk.
• You may not create any links to these websites.
• You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of the above.

REGISTRATION

• We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

DISCLAIMER

• While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this Website, or to the products and prices described on it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
• The material on this Website is provided "as is" without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

DISCLAIMER

• We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with these Websites in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing these Websites or your downloading of any material from this Website or any websites linked to these Websites.
• Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on these Websites results in the need for servicing, repair, or correction of equipment, software, or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees, and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of these Websites, or the use by any other person using your registration details.
• I am not a medical professional. As a Business coach, I am not providing healthcare, medical, or nutritional therapy services or attempting to diagnose, treat, prevent, or cure any physical, mental, or emotional issue. The information provided in this challenge is for informational purposes only and is not intended to substitute professional medical advice, diagnoses, or treatment. Always seek advice from your physician or another qualified healthcare provider before undertaking a new health regimen. Do not disregard medical advice or delay seeking medical advice because of information you are exposed to inside this challenge, Do not start or stop any medications without speaking to your medical or mental health provider.

GOVERNING LAW AND JURISDICTION

• These terms and conditions shall be governed by and construed in accordance with United States of America law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the U.S. courts. We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the U.S. . If you access these Websites from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws