The following Terms and Conditions (the "Agreement") are entered into by and between You ("Customer" or "You") and Fabulous Beyond 40, Ltd ("Company", "We", or "Us").
Program
The Company agrees to provide You with access to the Membership titled, "Club Fabulous Beyond 40" ("Program"). As a condition of participating in the Program, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Effective Date
This Agreement shall commence and be enforceable with respect to each Customer upon the date that Customer initially registers for the Program.
Terms of Use and Privacy Policy
The Company’s Terms of Use and Privacy Policy are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to You. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Fees
In consideration of Your access to the Program, You you may choose between one of the following payment options.
1. Monthly Tribe Membership
Payment Amount: The monthly fee for the Tribe Membership is £39.
Initial Payment: Your first payment of £39 is due immediately upon enrollment.
Minimum Commitment: A three-month commitment is requested to ensure you can fully experience the benefits of the membership.
Recurring Payments: After the initial payment, you will be automatically charged £39 every month. Payments continue until you cancel your membership in accordance with the Program’s Cancellation Policy.
2. Monthly VIP 121 Membership
Payment Amount: The monthly fee for the VIP 121 Membership is £180.
Initial Payment: Your first payment of £180 is due immediately upon enrollment.
Minimum Commitment: A three-month commitment is requested to allow you to fully integrate into the VIP experience.
Recurring Payments: After the initial payment, you will be automatically charged £180 every month. Payments continue until you cancel your membership in accordance with the Program’s Cancellation Policy.
Currency and Conversion Currency
All fees are payable in Pounds Sterling (GBP). Currency Conversion: For payments not made in GBP, currency conversions will be calculated based on the prevailing exchange rate on the date of each payment.
Renewal Payment Authorization
You hereby authorize the Company to charge Your credit card or debit card automatically according to the terms set forth in the Fees section above.
Coupons & Other Discounts
From time to time, the Company may choose to offer coupons, run special promotions, or otherwise put its products and programs on sale. If You purchase using a coupon or during a promotion or other sale, You agree to pay the fees set forth during the checkout process at the time of Your purchase. All other elements of these Terms & Conditions shall apply to such purchases without change.
Cancellation Policy
The Program is offered on an ongoing basis with an auto-renewing subscription. You may cancel subscriptions at any time by following the instructions inside the membership portal or emailing [email protected]. You will retain access to the elements of the Program, which are set forth below, until the end of the existing subscription period. Upon the completion of the existing subscription period, You will lose access to all aspects of the Program unless otherwise noted below. You shall not be charged after a cancellation.
Refund Policy
30-Day Money-Back Guarantee
The Company offers a 30-day money-back guarantee for both the Tribe Member and VIP 121 Member tiers. If, within the first 30 days of your membership, you are not satisfied with the Program, you may request a full refund. To qualify for a refund, you must email your request to [email protected] within 30 days of your initial enrollment date. Your email should include your name, the email address associated with your membership, and the date of purchase. Upon approval of your refund, the Company will instruct its payment processor to issue the refund.
Please note that the Company does not control the payment processor’s timelines and cannot expedite refunds.
Cancellation Between 31 Days and 90 days
While the Company requests an initial 3-month membership commitment, the Company realises there may be reasons You need to cancel your membership before the end of the first 3 months. After the initial 30-day period, you may, upon agreement with an authorized representative of the Company, cancel your membership at any time. To request an early cancellation You must email [email protected] at least 7 business days before your next scheduled payment stating your reason for cancellation. Your email should include your name, the email address associated with your membership, and the date of purchase. If early cancellation is agreed, your membership access will continue until the end of the current 30-day billing period. After this period, your access to the Program and all associated materials will be terminated.
Cancellation after 90 days
After the 90-day period, you may cancel your membership at any time. To request cancellation You must email
[email protected] at least 7 business days before your next scheduled payment stating your reason for cancellation. Your email should include your name, the email address associated with your membership, and the date of purchase. If early cancellation is agreed, your membership access will continue until the end of the current 30-day billing period. After this period, your access to the Program and all associated materials will be terminated.
Effect of Refund or Cancellation
Receiving a refund or canceling your membership terminates any licenses granted to you to use Program materials. You must immediately cease using the materials and delete or destroy all copies of the materials in your possession.
Program Details
As part of the Program, the Company shall provide the following to the Customer:
Access To Training Area
The Company shall maintain a Training Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Training Area as long as You remain a member in good standing in the Program.
Access To Private Discussion Group
The Company shall maintain Private Discussion Boards that You will have access to as a member of the Program. You will have access to the Private Discussion Boards as long as You remain a member in good standing in the Program. The Discussion Boards provide a forum for You to connect with other Program participants and seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If You fail to abide by those rules, You will forfeit Your right to participate in that Group. In the event You lose Your right to participate in the Group as a result of rules violation, You shall not receive a refund.
Group Sessions
As a member of the Program, You will have access to 3 live Group Sessions per month with other members. The Company shall provide You with details about how to participate in these sessions.
One-On-One Coaching Calls
Tribe members
Initial Onboarding Call: Upon joining, Tribe Members are entitled to a 30-minute onboarding call. This call is designed to assist members in setting up their individual plans and familiarizing them with the membership platform.
Emergency Calls: Tribe Members are entitled to two 15-minute emergency calls per membership year. These calls are intended to provide quick guidance and support for any specific issues that may arise. Members must schedule these calls in advance and are encouraged to use them as needed.
VIP 121 Members
Initial Onboarding Call: VIP 121 Members receive a 60-minute onboarding call to comprehensively set up their individual plan and ensure a smooth introduction to the membership platform.
Bi-Weekly Coaching Calls: VIP 121 Members are entitled to a 30-minute coaching call every two weeks. These calls are scheduled in advance and are intended to provide ongoing support and guidance throughout the membership.
General Terms for Scheduling Calls
Scheduling Calls: It is the member’s responsibility to schedule all calls using the tools provided by the Company. Failure to schedule a call within the membership year will result in the forfeiture of that call.
Cancellation and Rescheduling: Calls may be cancelled or rescheduled if notice is given at least 24 hours in advance of the scheduled time. Failure to provide sufficient notice will result in the forfeiture of the call.
Bonuses
From time to time, the Company may offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to You at the time of registration.
Discounts
As a Tribe Program participant, You shall be entitled to a discount of 20% on private coaching. Please ask for current package prices.
Ownership Of All Intellectual Property
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, Your access to the Program will be terminated immediately, and You shall not be entitled to a refund of any portion of the fees.
Confidentiality
The Company respects the privacy of its customers and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, You hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, You shall not share any information provided by other Program participants outside of the bounds of the Program unless You receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting Your Submissions, You are granting the Company, our affiliated companies, and necessary sub-licensees permission to include Your Submissions in the Program going forward.
In other words, the Company has the right to include Your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program going forward.
No compensation will be paid with respect to the use of Your Submissions, as provided herein. The Company is under no obligation to post or use any Submissions You may provide and may remove any Submissions at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting Your Submissions, You warrant and represent that You own or otherwise control all of the rights to Your Submissions as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input, or submit the Submissions.
Personal Responsibility
By participating in the Program, You accept personal responsibility for the results of Your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program do not guarantee that You or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
Not Medical Advice
The Company and its employees cannot offer You medical advice. Its programs, products, and services are not intended to diagnose, treat, or cure any disease and shall not be understood or construed as medical advice. Our programs are intended for individuals who are in generally good health and not in need of medical treatment. Those programs, products, and services are not a substitute for medical advice from a licensed doctor or other medical professional who is aware of the facts and circumstances of Your individual situation. We provide health-related education, information, and do it-yourself tools that You use at your own discretion.
Fitness Warning & Disclaimer
The Company and its employees do not offer medical advice. Our programs, products, and services are intended for individuals who are in generally good health and not in need of medical treatment. You are expressly advised to consult with a medical professional before beginning any new fitness program to ensure that you are healthy enough for the activity. Our programs, products, and services are not a substitute for that advice from a medical professional who is aware of the facts and circumstances of Your individual situation.
No Warranties
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the Program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Program or any portion of it, Your sole and exclusive remedy is to discontinue using the Program.
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Choice of Law & Choice of Forum
The Parties agree that this Agreement shall be construed under the laws of United Kingdom regardless of any choice of law rules. Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in United Kingdom under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Fee Shifting
The Parties agree that the prevailing Party in any action relating to or arising out of this Agreement will be awarded its reasonable attorneys’ fees and costs incurred as a result of such a proceeding.
The Company reserves the right, in its sole discretion, to terminate Your access to the Program and the related services or any
Termination And Access Restriction
portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Miscellaneous Clauses
The Parties further agree:
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.
Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Relationship of the Parties.
The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries.
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Indemnification.
Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.
Force Majeure.
Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts orcircumstances beyond the reasonable control of that Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic and pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.