FERTILITY COACH ACADEMY CERTIFICATION AGREEMENT

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” “You” or “Your”) agree to purchase the FERTILITY COACH ACADEMY CERTIFICATION (the “Certification” or “Certification Program”) provided by ELIZABETH KING LIFE COACHING INC. (“Company”) as represented by Elizabeth King (the “Coach”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS.

1. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide products and services in accordance with the Certification.
2. The scope of products and services rendered by the Company pursuant to this Agreement shall be solely limited to those contained therein and/or provided for on Company’s Website found at: www.fertilitycoachacademy.com/ (“Website”) as part of the Certification Program.
3. The Client is responsible for their own success in completing the Certification and implementation of objectives met.

2. CERTIFICATION REQUIREMENTS & TERMS.

1. Client agrees to become a Certified Coach that Client must complete all of the Coaching Certification requirements as outlined below.
2. The Certification includes the following:

• The Signature Fertility Coach Academy Course: Eight (8) Modules + Coping with Loss Module 
• Online Learning Platform with Built-in Accountability & Lifetime access to course curriculum through a secure portal 
• Ten (10) Months of Bi-Weekly LIVE Calls with the Coach about the week’s curriculum, how to implement the material & to cover your personal questions 
• Monthly 1:1 Calls with Elizabeth for continued support during the program 
• Ten (10) Months of continued support 
• Video Library containing all educational videos
• Worksheets/Templates/Scripts at Company’s discretion
• Additional resources and/or support may be offered to help ensure Client’s success in finishing the Certification.

1. You may complete the Certification at your own pace. Once the course work is complete, in order to become certified, You must also complete the following:
1. Twenty (20) hours of practice
2. Fifty (50) question assessment
3. One (1) essay
2. Once You earn the Certification, it will not expire and does not need to be renewed at any point.
3. Upon completion of the Certification, Client will have a “Fertility Coach Academy™ Certification” also referred to as “FCA Certified.”  You may use these terms professionally, including on your website and in social media profiles.  You will receive a digital badge and a Certification Document.

3. LICENSE TERMS.

1. Through purchase herein the Client receives one single use, non-exclusive, irrevocable license of the contents (the “Content”) within the Certification.
2. Client does have permission to edit the non-PDF templates and tools with his/her own branding. However, the Client may not utilize any videos or learning modules other than as outlined herein.  
3. Having the Certification or participating in the Certification does not entitle You to train others or to sell or otherwise teach the Certification Content.
4. Client understands it is their responsibility to ensure use of proper legal contracts and terms in their coaching business and that the Company will not provide legal support and will not be held responsible or liable should the Client not have the necessary protections in place. Further, Client understands it is their responsibility to act as a coach only and not attempt to provide medical advice or diagnosis. 

4. PAYMENT AND REFUND POLICY.

1. Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount as outlined on the Website.
2. No refunds will be given unless at Company’s discretion.
3. Should Client request to leave the Certification prior to completion for personal reasons, it may be permitted at Company’s discretion. Should the Client leave, he/she may be offered the opportunity to rejoin in the future.
4. Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that the Company will charge the credit card chosen by the Client for the amounts specified on the website. If Client selects a payment plan option, Client agrees to pay fees to the Company according to the payment schedule set forth on the Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
5. In the event Client fails to make any of the payments within a payment plan during the time prescribed, Company has the right to immediately disallow participation until payment is paid in full, including disallowing access to portal and other materials. If Client has not paid within seven (7) days, the Company has the right to terminate agreement and Client will be removed from the Certification Program. The Company also reserves the right to take legal action for unpaid payments.

5. DISCLAIMERS. By participating in the Certification Program, Client acknowledges that the Company is not providing medical, financial, legal, or other professional advice. The content provided does not replace use of a qualified professional. Client acknowledges that Company has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of this Certification, live teachings, Company’s website, or other programs, products or services.

Your participation in the Certification is at your own risk and there are no guarantees as to any outcome. Any testimonials, earnings, or examples shown through the Company's Website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Company’s templates, tools, and/or other content provided. The Company may provide the Client with information relating to products or services that the Company believes might benefit the Client, but such information is not to be taken as an endorsement. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

6. RECORDING AND REDISTRIBUTION OF RECORDINGS. Client acknowledges that group sessions and/or training may be recorded. Client also acknowledges that the recordings, and therefore Client’s voice and/or likeness, may be redistributed and/or resold at a later date as part of a separate package sold by the Company.

7. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during email communications, sessions, or otherwise. Company may have access to Client’s business information for the purposes of fulfilling the Agreement only and will not share this information with any third-parties unrelated to that purpose. Client acknowledges that transmitting information through email communications is not a secure platform although the Company will do its best to keep all information secure.  The Company agrees not to disclose any information about the Client’s business model, processes, systems or financial information of any kind. Client acknowledges that the Company may share confidential information with Company’s instructors, contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. All information will be considered confidential and not to be disclosed unless otherwise agreed in writing beforehand. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

8. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Certification, the Company maintains all of the copyright, other intellectual property rights. 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 maintains the copyright of any work product created utilizing the templates or other content. The Company reserves the right to immediately remove Client from the Certification, without refund, if you are caught violating this intellectual property policy.  You 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 content within the Certification, in whole or in part without our prior written consent.

9. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving 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, verbalize 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, affiliates, subsidiaries, employees, agents or representatives.

10. DISCLAIMER OF WARRANTIES. The information, education, and content 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 Certification of deal, Certification of performance or trade usage.

11. LIMITATION OF LIABILITY. By using Elizabeth King Life Coaching Inc. services and purchasing this Certification Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. 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 the Certification materials. Client agrees that use of this Certification is at user’s own risk.

12. 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 Orange County, California 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.

13. GOVERNING LAW AND SEVERABILITY. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California, regardless of the conflict of laws principles thereof. If any part of this Agreement is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. 

14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. If You participated in a previous course offered by the Company, this Agreement supersedes and replaces any previous agreements.