Please READ carefully. By purchasing this product, the following Terms and Conditions (the “Agreement”) are entered into by Kim Foster International Inc. (“Company”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to collectively as “Parties” in this Agreement.
By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in this program, you (“Client”) are entering into a legally binding agreement with Kim Foster International Inc. (“Company”), according to the following terms and conditions:
COMPANY’S SERVICES.
Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide the Program as outlined on the web page where You register, which may include digital or downloadable resources, an online course, one-on-one or group coaching, workshops, trainings online private forums operated by Company (for any purpose), whether on a website hosted by Company or a third-party website such as an online course platform or facebook.com. 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.
Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
The Company will periodically make updates to the core program, and you will have access to updated materials for as long as the Company continues to offer the Program Area to its customers, which is what is referred to as “Lifetime Access” in our marketing materials.
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 your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
PARTICIPANTS
These Programs and Products are intended and only suitable for individuals aged 18 and above. Some of the content in these Programs and Products may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
Business development Programs (such as The Wellness Coach Academy) are intended to be utilized by online business owners and entrepreneurs who will implement the skills and strategies taught throughout the Program to their businesses.
COMPANY TERMS
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
FEES
In consideration of Your access to the Program, you agree to pay the Company according to the payment schedule set forth on Company’s website and the payment plan selected by Client (the “Fee”).
If you opt for a monthly payment plan, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any bonuses. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client .
METHODS OF PAYMENT
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If You elect for the payment plan, 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.
Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly or your Program access will be terminated.
If you do not request a refund according to the Program’s Refund Policy set forth below, you are required by law to complete the remaining payments of your payment plan and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding payments, using any eligible payment method we have on record for your account.
REFUND POLICY FOR ALL PRODUCTS & SERVICES
For all products, programs, and services provided by the Company, Client shall be responsible for the full extent of the Fee. There will be no refunds issued.
This policy is due in part to the nature of the content in our programs and products (digital downloads that are immediately available upon purchase and cannot be returned).
If Client cancels attendance in a Program for any reason whatsoever, Client will receive no refund.
CHARGEBACKS AND PAYMENT SECURITY.
To the extent that Client provides Company with Credit-Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiplepayment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO RESALE OF SERVICES PERMITTED.
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable with the Company’s without the Company’s prior written consent.
The sole exception to this policy is the material provided within the Done-For-You Programs (specifically, The Vibrant Woman Project and Marvelous Menopause). By purchasing one of these Done-For-You content packages, you are buying a special license that gives you permission to use Company’s content with your own clients only. You may not pass on the package or program in its original state as you have purchased it from Company, for example as Canva templates that you present as your own. You may only pass on the content, templates, and tools in PDF format, and use them with your own clients.
NO TRANSFER OF INTELLECTUAL PROPERTY.
With the exception of Company’s Done-For-You content, Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
LIMITATION OF LIABILITY.
By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided.
By using Company’s services and enrolling in the Program, Client releases Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or nonforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever. 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 enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.
DISCLAIMER OF GUARANTEE.
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/ he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
COURSE RULES.
To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
USE OF COURSE MATERIALS.
Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
NO SUBSTITUTE FOR MEDICAL TREATMENT.
Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof. The information contained in any of Company’s programs or provided through Company’s website, emails, or products, is not intended to be a substitute for professional medial advice, diagnosis or treatment that can be provided by a physician, therapist, licensed dietitian or nutritionist, or any other healthcare professional. This program does not give you any manner of license or capability to diagnose or treat health conditions. This content is not to be used to attempt to diagnose, treat, or cure in any manner whatsoever any disease, condition, or other physical or mental ailments of the human body. This material does not in any way replace a relationship that exists, or should exist, between you and a medical doctor or other healthcare professional. Always seek the advice of your physician or another qualified health care professional regarding any questions or concerns you have about your specific health situation. I advise you to speak with your own physician before implementing any suggestions within this program or elsewhere on our website. Do not disregard professional medical advice or delay seeking professional advice because o of information you have read on this website or received from us. Do not stop taking medications without speaking to your physician or health care professional. If you have or suspect that you have a medical problem, contact your healthcare provider promptly.
TERMINATION.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
CONFIDENTIALITY.
The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best eff orts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
NON-DISPARAGEMENT.
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
INDEMNIFICATION.
Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s 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 willful 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. Company recognizes 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.
CONTROLLING AGREEMENT.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the province of British Columbia. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the nonprevailing party in order to enforce the provisions of this Agreement.
ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights,
and confidentiality provisions, and any provisions relating to payment of sums owed set forth in
this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is
hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
OTHER TERMS.
Upon execution by clicking “I agree,” the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
Kim Foster International, Inc.
Email Address: support@drkimfoster.com
Last Updated: December 16, 2023
