Terms of Participation
Be advised that when you purchase this product, you are entering into an Agreement with the American Academy of Body Contouring, Ltd, dba the Body Contouring Academy, hereinafter referred to as “Company,” ‘we,’ and “us,” and upon entering this Agreement, you agree to the Terms and Conditions stated herein.
Company agrees to provide this digital course, hereinafter referred to as the “Program” or “course,” as identified in the online commerce shopping cart and the Company website. You agree to be bound by and to act in accordance with all policies and procedures outlined, and incorporated by reference, in this Agreement, as a condition for participating in the Program. You may not assign any rights given you arising out of this Agreement without express written consent of the Company.
Other Agreements Incorporated
Company’s Terms of Use, Privacy Policy, and Earnings Disclaimer are hereby incorporated by reference into this Agreement. Each of these policies and agreements apply to your participation in the Program. Please read these three agreements, found at the bottom of our website, carefully.
Course Program(s) and Coaching Services
Company provides Course Program(s) and Coaching Services.
COURSE PROGRAM(S)
Access to Course Program(s)
Company shall provide a password protected area that may include video, audio and written lessons, worksheets, slide decks, templates, checklists, and other training and educational information. You shall have access to the Program and Program password protected area for as long as the Program exists; in no event less than 90 days. Company shall provide you with a 30-day notice and the ability to download resources contained in the Program password protected area in the event Company chooses to close the Program. Company may make periodic updates to the Program, and you will have access to those materials.
Course Program Bonuses
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 you enroll, but Bonuses are not guaranteed for the entire lifespan of the Program, and they may change, be limited, or removed throughout the lifespan of the Program.
Course Program Relationship
You understand and agree that Shannon and Kay, hereinafter referred to as “Mentors,” and/or Company, are not acting as your business manager, lawyer, nurse, doctor, employee, agent, therapist, marketing or public relations manager, accountant, or in any other personal or business capacity. You understand and agree that you should always consult your own legal, medical, marketing, and business advisors who can offer you personalized guidance.
Course Program Fees
In consideration for your access to the Program, you agree to pay the fees in total. Your single payment is due immediately.
You understand and agree you may not cancel or otherwise avoid any of these payments. Your payment is due immediately.
Course Program Payment Methods
By entering into this agreement, and by providing your credit card or debit card information, you hereby agree to pay for the Program in full, and authorize the Company to charge your credit card or debit card for the Program.
Course Program Refund Policy
We want you to be satisfied with your purchase. Subject to the terms of this agreement, you have lifetime access to the course. Because Company provides full course materials and all attachments for the program upfront immediately after payment is made, Company has a strict no refund policy.
Course Program - No Transfer of Intellectual Property Rights
All content in this Program is the property of the Company and is protected by intellectual property laws. You shall not share any content or information provided by Program without the express written permission from the Company. The content of the Program contains the following proprietary property of Company, methods, forms, templates, processes, systems, and other information. You agree and understand that you may not share the information provided to you by the Company, both through the Program and/or the Coaching on-Demand, if applicable, with anyone.
You have a right to use information provided to you through the Program, but your participation in the Program does not transfer any intellectual property to you. You are granted a single-use, non-exclusive, non-transferable, revocable license to view, access, and use the content and resources contained in the Program. You understand and agree that you may not reverse engineer, modify, create derivative works, publish, transmit, or in any way exploit any content contained in the Program.
You do not have the right to make any unauthorized use of the Program content. You understand and agree the Program is for your individual use. You understand and agree that your license to use the Program shall be immediately terminated for any infringement of Company’s intellectual property rights. You shall not be entitled for a refund for any portion of the fees if your license is terminated for such violation.
COACHING SERVICES
Coaching Services Description
Coaching Services are an alliance between you, the Student, and Company as Coaches. It is intended to be a thought-provoking and creative process designed to problem solve and to facilitate the development/creation of Student’s professional and business goals and to develop and carry out strategies and/or plans for achieving those goals.
Group Coaching Services Description
Group Coaching is a professional relationship in which the Coaches work together with a number of Students in a group setting, facilitating discussions to improve areas of their businesses or professions, and to help Student(s) work toward achieving their desired outcomes in those areas.
Coaching Services Agreement
The parties, you the Student and Company, agree to engage in a 6-month Coaching Program through pre-arranged weekly virtual group meetings lasting one hour. Coaches will be available for Students at the pre-arranged weekly virtual group meetings. Coaching Services is a commitment and Students are encouraged to attend all Coaching sessions. Students will have access to recorded virtual group coaching sessions, whether or not Student attended the session.
Coaching Services Subscription Fees, Terms, Refunds
Company Coaching Services are a ‘Coaching Subscription.’ This means this Coaching subscription is a coaching service that is provided on a recurring monthly basis. The subscription coaching services have an initial time period with the option to cancel or continue at the end of that time period. The initial time commitment for this Coaching Subscription is 6 months, though Company recommends that you the Student participates for a full year. You will be charged each month and you may go month to month after your initial period of 6 months. Refunds shall not be issued under any circumstance, but we understand life circumstances change. If you need to cancel early we ask you to provide 30 days notice prior to your cancellation so we may fill your vacancy.
Coaching Services Trusts and Concerns
If the Coaches or another Student ever does or says anything to offend you the Student, it should be brought to the Coach’s attention so the issue can be resolved right away.
Open, honest, and trusting communication is key in any Coaching relationship, and especially when a group of Students are involved. It is expected that all parties to the Group Coaching conversations and discussions within the Group Coaching Community protect the privacy and the feelings of others involved at all times.
Coaching Services Communications
Coaching Students must agree to communicate openly, remain open to feedback and assistance, and to create the time and energy to participate fully in the Coaching process, attending the Coaching Sessions, completing any “homework” and/or reading assigned, and implementing Coach’s suggestions where appropriate.
No Partnership or Relationship Created
This Agreement shall not be interpreted to create a joint venture, employment relationship, partnership, or agency relationship. This Agreement grants you access to the Program, which provides information and education. The education provided by Program shall not be construed as professional advice and no professional, or otherwise, relationship, i.e. attorney/client, doctor/patient, nurse/patient, business advisor/client, shall be created through the Program.
Laws, Rules, Regulations
Company provides education, information, courses, in connection with aesthetic services, and serves a wide variety of customers, including but not limited to nurses, estheticians, massage therapists, entrepreneurs, athletic trainers, career changers, lay persons, and health care professionals. Company does not pre-screen students or customers regarding background, licensure or level of expertise. Company strongly recommends each student or customer perform independent research or consult an expert before purchase and before practice. It is the student’s or customer’s responsibility to research applicable laws. Company cannot and does not provide advice as to what treatments students or customers may be legally performing. Moreover, licensure laws and business laws can vary state to state and Company cannot and does not advise customers or students regarding their individual situation or location. Company is not held responsible for purchases made without prior knowledge resulting in attempted return or exchange. Moreover, reliance on the procedural information is used at your own risk Students release Company of all liability of the use of the course(s) and/or any products or devices manufactured or sold by another company.
Disclaimer
These courses, protocols and forms must be used in conjunction with applicable federal and state regulations as they relate to the standard of care required to provide such non-invasive body contouring treatments and services. Nothing in these documents or treatment protocols should be interpreted to supersede applicable state or federal laws or rules. These courses and these documents are meant for guidance and information only - and should be used in conjunction with the advice from local legal counsel based upon your individual circumstances. The Body Contouring Academy assumes no liability from the use of any of these courses or forms. Transfer or sale of any of the information in these courses is strictly prohibited.
Indemnification and Liability for Damages
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and third parties for any liabilities, losses, costs, and expenses (including reasonable attorney fees), arising out of or related to your use of the program, as well as any violation of third party rights by you, and any violation of laws, rules or regulations by you. If you are dissatisfied with Program, your exclusive remedy is to discontinue use of the Program.
Company shall not be liable for any harm, liability or damages you may inflict on your clients (third parties) in your performance of body contouring treatments. Company is not present to assess your clients or to assess your techniques and abilities, and cannot determine whether your client selection or client treatment is or will be appropriate.
To the maximum extent allowed by law, Company, in no event shall be liable for any damages, whether direct, indirect, punitive, incidental, special, or consequential, for loss of profits, use or data arising out of or connected with the Program, whether based in tort, contract, negligence, strict liability, or otherwise. The above limitations may not apply to you because some states do not allow for such exclusion.
You agree to absolve the Company of any and all liability or loss you or any person or entity associated with you may suffer as a result of your use of Program. You understand and agree that Company shall not be liable to you for any type of damages arising out of your use of Program.
Non-Disparagement and Resolution of Disputes
Both parties to this Agreement understand and agree that they will not engage in any conduct or communications with a third party, public or private, designed to disparage the other.
You expressly waive any and all claims you may have, now and future, arising out your participation in the Program. If you attempt to assert a claim you understand and agree to present such claim only in the state or federal courts located in Lubbock, Texas.
Severability
If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such finding shall not affect or invalidate any other provision to this Agreement.
Waiver
You understand and agree that the Company has the right to enforce or choose not to enforce the provisions of this Agreement. If a Company makes an election not to enforce any of its rights arising from this Agreement, it shall not be considered a waiver for enforcement of rights contained in the Agreement.
Force Majeure
Company shall not be liable or responsible to you, not deemed to have made a default or breached this Agreement, for any delay or failure in performing any term of this Agreement when the delay or failure is caused by acts or circumstances beyond the reasonable control of Company.
Termination
You understand and agree that the Company has the right to terminate your access to the Program at any time should you fail to comply with Program guidelines, violate this Agreement or become disruptive. If your termination is caused by such an event, you shall not be entitled to a refund of any portion of fees and shall not be excused from any remaining payments due under a payment plan for the Program.
Earnings Disclaimer
We have made every effort to represent this Program accurately, and believe in its potential to bring you success with body contouring. We cannot and do not guarantee, however, that you will earn any money using the information provided in the Program. Whether you achieve the level of success you desire depends on many factors, including, but not limited to, the time you’re willing to devote to build your body contouring business, your market research capabilities, your business skills and experience, your marketing knowledge and skills, your skills with clients, your team’s willingness to participate, and your problem solving skills and resourcefulness.
There is no guarantee that implementing our strategies, protocols, techniques, advice, systems, processes, products or using our tools will bring you the same results as we achieved. Our material and advice is based on our personal experience.
If you have questions about this Agreement, please email us at [email protected].