Avó Rouge LLC | MyBodyLiteracy.com
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A. FREE FAM COURSE: INTRO TO FAM
B. CYCLE LITERACY FORMULA SELF-STUDY COURSE
C. FERTILITY AWARENESS COLLECTIVE GROUP PROGRAM MEMBERSHIP
D. CLIENT 1:1 MENTORSHIP (PRIVATE COACHING) AGREEMENT
GENERAL TERMS AND CONDITIONS OF USE
(Applicable to all offerings)
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Avó Rouge LLC | MyBodyLiteracy.com digital or downloadable resource, online course, one-on-one mentorship or group coaching, chart or case review, class, program, workshop, or training, or enter any online private appointment or forum or communicate with Kristy Routt via email, Voxer, phone appointment, or videoconferencing call operated by Avó Rouge LLC | MyBodyLiteracy.com (for any purpose), whether on a website hosted by Avó Rouge LLC | MyBodyLiteracy.com or a third-party website such as an online course platform or Zoom.com.
If you do not agree with these TOU, you may not use the Website, the Intro to FAM course, the Cycle Literacy Formula course, the Fertility Awareness Collective group program, Private 1:1 Mentorship services, private chart readings, or any portion therein.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Avó Rouge LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Kristy Routt
All prices are listed in U.S. Dollars (USD).
Legally Required Disclosure
Kristy Routt is not a licensed, certified, or registered healthcare provider in any state. Any food or dietary supplements being recommended are not medically prescribed drugs.
Kristy Routt's Contact Information:
Kristy Routt
Avó Rouge LLC
337.377.7945
P.O. Box 38, Lake Charles, LA 70602
Kristy Routt's Credentials:
a. Certified Fertility Health Coach, Brilliant Birth Academy, 2025F
b. FAE, Certified Fertility Awareness Educator, FEMM, Fertility Education and Medical Management, 2024
c. HNC, Holistic Nutrition Certification, AFPA, American Fitness Professionals and Associates, 2019
d. RYT 200, Registered Yoga Teacher, Yoga Alliance, 2017
e. Educ., English Concentration, Psychology Minor, McNeese State University, 1999
A. FREE FAM COURSE: INTRO TO FAM
1. Course
You will receive, as part of the course, access to written and pre-recorded video lessons.
2. Participants
NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below. Children under the age of 13 are not permitted to use this Program. Children between the ages of 13 and 18 must ask for their parent's or guardian's permission and agreement to these TOU before viewing our Program.
NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of these TOU (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into these TOU on behalf of your minor child/ward.
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.
3. Payment
Intro to FAM course is provided as a courtesy for no charge. Your access to the course may be cancelled at any time as Company sees fit.
Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You:
If you view, purchase or access any Course or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Course or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Course or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Course or Content shall constitute infringement.
You must receive our written permission before using any of the Course or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Course or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in these TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Course such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Course, Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Course that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Course, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Course or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Course or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Course, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by [choose one: completing the “Contact” form on the website, or by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
7. Your Conduct in the Program; Confidentiality
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
Company is not legally bound to keep your information confidential.
Nevertheless, Company agrees to keep all information about your health strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You agree to keep all information you learn about other Course participants and their health strictly confidential except in very rare circumstances where disclosure is required by law.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from the Program or other participants with anyone else
- Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
- Harassing, fighting with, or being disrespectful to other participants
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Course and your access to the Content without refund.
The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
8. Username and Password
To access certain features of the Course, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Course to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Course or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
9. Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Course and Content, in full or in part, upon delivery of written notice, at any time. In the event of cancellation or termination, you are no longer authorized to access the part of the Course or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Course and its Content will still apply now and in the future, even after termination by you or the Company.
9. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. The Program and Content provide information and education only, and do not provide any medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own medical professional. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Course.
b. Results Disclaimer.
You agree that Company has not made and does not make any representations about the results you may receive as a result of your participation in the Course. The Company cannot and does not guarantee that you will achieve any particular result from your use of the Course, and you understand that results differ for each individual.
c. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
d. The Company tries to ensure that the availability and delivery of the Course and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
e. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE COURSE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
f. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COURSE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
10. Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
11. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to its conflict of laws principles. The state and federal court nearest to Lake Charles, Louisiana, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Course or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
12. Users Outside United States
The Company controls and operates the Course from offices in the United States. The Company does not represent that materials on the Course are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Course or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
14. Force Majeure
The Company shall not be deemed in breach of these TOU if Company is unable to provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate these TOU.
15. General Provisions
The Company may modify these TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified [edit as appropriate: when accessing the course or program or via email]. If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. These TOU supersede all prior written and oral representations.
B. CYCLE LITERACY FORMULA SELF-STUDY COURSE
1. The Course
a. As a subscriber to the Course, you will receive access to all course video lessons, written lessons, document downloads.
b. You will also have the option to purchase (two) 2 private menstrual cycle chart reviews. Chart reviews will be delivered either via email pre-recorded video or via 1:1 videoconference call. Price for this additional service is outlined in the payments section below.
2. Participants
This Course is intended and only suitable for individuals aged 18 and above. Some of the content in this Course may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
The Company reserves the right to offer additional course elements from time to time, for any subgroup of participants. These additional course elements are a bonus, not a part of the services included in the base version of the Course. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
3. Payment
You agree to one of the following fees and payment schedules:
Option 1 / Monthly Subscription:
$39.00 will be charged to your method of payment at the time of purchase.
$39.00 will automatically be charged on month 2 (two) and every month thereafter until you cancel.
Option 2 / Annual Subscription: $299.00 will be charged at the time of purchase.
$299.00 will be charged to your method of payment on the same day the following year, and every year thereafter, until you cancel.
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 payment is not received when due, the Company reserves the right to terminate your access to the Course and all Content, as defined below, immediately and permanently.
You may cancel your subscription at any time. In the even of cancellation, you will continue to have access to the Course until the end of your payment term.
THIS AGREEMENT RENEWS AUTOMATICALLY FOR SUCCESSIVE PERIODS EQUAL TO THE CURRENT TERM YOU HAVE OPTED INTO AT PURCHASE (EITHER 30 DAYS OR 365 DAYS) UNTIL BROUGHT TO AN END BY YOU OR THE COMPANY. ALL PERIODS SHALL RUN TO THE LAST DAY OF THE TERM IN WHICH THEY WOULD OTHERWISE EXPIRE.
IF YOU DO NOT WISH FOR THIS AGREEMENT TO RENEW THEN YOU CAN CANCEL IT EASILY, AS OUTLINED BELOW.
Log in to your account by going to https://www.mybodyliteracy.com/login. Go to "settings and billings" and cancel your subscription. You may also email [email protected] to request a cancellation.
OPTION 3: Optional Add-On Service
(2) Private Chart Reviews for one charge of $297.00 may be purchased. If you choose this additional service, your method of payment will be charged $297.00 at the time of purchase.
If you choose to purchase this optional add-on service, access to a health questionnaire will be emailed within one week of purchase. You must email your health questionnaire and your menstrual cycle chart(s) to [email protected] for review while you are still an active subscription member. Coach will contact you regarding your chart review once they receive health questionnaire and menstrual cycle chart(s).
4. Refunds
You satisfaction with the Course and Private Menstrual Cycle Chart Reviews is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Course we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Course or optional Private Menstrual Cycle Chart Reviews and no refunds will be provided to you at any time. By using and/or purchasing our Course, you understand and agree that all sales are final, and no refunds will be provided.
Company reserves the right, in its sole discretion, to determine how to manage a participant who violates these Terms. Therefore, if a participant disagrees with how the Company manages another participant and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Program without notice and without refund.
Company may offer additional program elements for a subgroup of participants. The Company reserves the right, in its sole discretion, to offer program participation in these additional program elements to specific participants. If a participant is denied participation in these additional program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
5. European (EU/EEA/UK) Program Participants’ Right of Withdrawal
Participants in the European Union and United Kingdom have a fourteen (14) day right of withdrawal from certain transactions under the terms of their respective laws. The Company is obligated to inform you of this right in very specific legal terms, which you can find below.
The Company agrees to honor your right of withdrawal as required by law prior to the commencement of the Program, which includes, but is not limited to viewing or accessing the Program portal, viewing, accessing and/or downloading Program materials and Content, and attending trainings or events associated with the Program (“Performance”).
If this right of withdrawal extends to you, then you have fourteen (14) days from your acknowledgement of these TOU to withdraw your acceptance of these terms, without giving any reason, and without incurring any costs other than those provided for in this section. The withdrawal period will expire after fourteen (14) days from the day you acknowledge this TOU.
By accepting this TOU, you agree and give your express consent and acknowledgement that you will lose your right of withdrawal once you have begun Performance of the Program.
If you choose to exercise your right of withdrawal, the Company will reimburse to you all payments received from you less the processing fee incurred per transaction which can be found here:
https://help.kajabi.com/hc/en-us/articles/23370972909851-Kajabi-Payments-Fees-United-States
This reimbursement will be made using the same method of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement.
o exercise your right of withdrawal, you should inform the Company of your decision to withdraw by emailing [email protected] or mailing a letter to P.O. Box 38, Lake Charles, LA 70602 within the fourteen (14) day withdrawal period. You may use the below model form, but it is not obligatory.
To Avó Rouge LLC
[Date]
I, [your name], hereby give notice that I, [your name] withdraw from my participation in [membership/program/service name] that I purchased on [insert date of purchase]. I also withdraw from the Terms of Use Agreement that I acknowledged when registering for [membership/program/service name].
Acknowledged on [date] / Received on [date].
[Your name]
[Your address]
[Your signature (physical or electronic)]
The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this section, you shall not incur any liability as a consequence of your exercise of the right of withdrawal. If you exercise your right of withdrawal, both you and the Company will be released from your obligations to perform under these TOU, any ancillary contracts will be terminated automatically, and you may not be afforded the opportunity to enroll or participate in any service or product offered by the Company in the future.
6. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You:
If you view, purchase or access any Course or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Course and Content for your own personal purposes or your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Course or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Course or Content shall constitute infringement.
You must receive our written permission before using any of the Course or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Course or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Course or Content other than that expressly authorized in these TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Course in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Course, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Course such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Course, Program, and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Course that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Course or Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Course or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Course or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Course, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Course and Content.
7. Your Conduct in the Course; Confidentiality
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
Company is not legally bound to keep your information confidential.
Nevertheless, Company agrees to keep all information about our relationship and about your health and personal situation strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You agree to keep all information you learn about other Course participants, their health or personal situation strictly confidential except in very rare circumstances where disclosure is required by law.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from the Program or other participants with anyone else
- Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
- Harassing, fighting with, or being disrespectful to other participants
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Course and your access to the Content without refund.
The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
8. Username and Password
To access certain features of the Course, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Course to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Course or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
9. Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Course and Content, in full or in part, upon delivery of written notice, at any time. In the event of cancellation or termination, you are no longer authorized to access the part of the Course or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Course and its Content will still apply now and in the future, even after termination by you or the Company.
If you would like to cancel your access and participation in the Course subscription, you may cancel at any time by logging into the website here https://www.mybodyliteracy.com/login. Go to "settings and billing" and cancel your subscription. You will continue to have access to the materials and Content of the Course until the end of the then-current subscription period. You will not be issued a refund for any remaining days or months of the Course after your cancellation.
10. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
b. You represent and warrant to Releasees that you are able to safely participate in the Course and have no medical condition that would make your participation in the Course more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Course without the approval of a physician.
c. You acknowledge that, by engaging with the Company for the Course, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your ([delete if no minors] or your minor child’s/ward’s) participation in the Course, whether or not caused by the active or passive negligence of the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Course.
d. The Course and Content provide information and education only, and do not provide any medical or psychological services or advice. None of the Course or Content prevents, cures or treats any mental or medical condition. The Course and Content is not intended to be a substitute for professional advice that can be provided by your own medical professional. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Course.
e. Results Disclaimer
You agree that Company has not made and does not make any representations about the results you may receive as a result of your participation in the Course. The Company cannot and does not guarantee that you will achieve any particular result from your use of the Course, and you understand that results differ for each individual.
f. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
g. The Company tries to ensure that the availability and delivery of the Course and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
h. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
i. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
11. Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
12. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to its conflict of laws principles. The state and federal court nearest to Lake Charles, Louisiana, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Course or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
13. Users Outside United States
The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Course or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
15. Force Majeure
The Company shall not be deemed in breach of these TOU if Company is unable to provide all of the Course or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Course and shall propose revisions to the schedule for completion of the Course or other accommodations or may terminate these TOU.
16. General Provisions.
The Company may modify these TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified [edit as appropriate: when accessing the course or program or via email]. If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. These TOU supersede all prior written and oral representations.
C. FERTILITY AWARENESS COLLECTIVE GROUP PROGRAM MEMBERSHIP
1. The Fertility Awareness Collective Group Membership Program Participants
You will receive as part of the Membership Program ninety (90) days of access to all of the following:
i. A private online members-only group community;
ii. A private members-only podcast where you can submit questions to be answered anonymously as podcast episodes; new episodes batch-delivered weekly;
iii. One (1) monthly pre-recorded fertility awareness education session where member-submitted charts are reviewed for training and educational purposes;
iv. The opportunity to engage in community conversations connecting you with others within the members-only online community space;
v. On-demand course resource library, Cycle Literacy Formula, to review and study independently as often as you see fit;
vi. Etc.
2. Members
If you wish to participate in another session of the Membership Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
This Membership Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Membership Program may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
3. Payment
All prices are listed in U.S. Dollars (USD).
You agree to the following fees and payment schedule:
OPTION 1:
Pay-in-Full, Ninety (90) Day Commitment: You agree to pay a one-time, immediate payment of $599.00, which is the total cost of your 90-day membership. Members who choose this option will save $118.00 compared to the cost of paying monthly. Your membership access will total ninety (90) days when choosing this option.
OPTION 2:
Month-to-Month, Ninety (90) Day Commitment: Upon registering for this Membership Program, your first payment of $239.00 will be due, followed by five (2) monthly payments of $239.00 all of which total $717.00. The recurring monthly payment of $239.00 will be charged to your card on the same calendar day each month (if, for example, you join on July 12, your card will be charged again on August 12, and September 12) until you have made 3 payments of $239.00 each.
OPTION 3:
Alumni Access: Alumni Access is only available to Fertility Awareness Collective Group Members who have completed the initial ninety (90) day commitment and completed the full payment for the ninety (90) day program. Alumni Access is optional if group members would like to extend their access to the entire program on a subscription basis for $25.00 per month.
If you opt into Alumni Access, you will have access to the entire Fertility Awareness Collective Group Program until you or the Company terminates your subscription.
You can cancel your subscription anytime by logging into your account at https://www.mybodyliteracy.com/loginand cancelling your Alumni Access subscription.
IF YOU OPT INTO ALUMNI ACCESS, THIS AGREEMENT RENEWS AUTOMATICALLY EACH MONTH UNTIL BROUGHT TO AN END BY YOU OR THE COMPANY.
IF YOU DO NOT WISH FOR THIS AGREEMENT TO RENEW THEN YOU CAN CANCEL IT EASILY, AS OUTLINED ABOVE.
OPTION 4: Optional Add-On Service
Two (2) Private Menstrual Cycle Chart Reviews for one charge of $297.00 may be purchased. You method of payment will be charged $297.00 at the time of purchase.
If you choose to purchase this optional add-on service, access to a health questionnaire will be emailed to you within one week of purchase. You must email your completed health questionnaire and your menstrual cycle chart(s) to [email protected] for review while you are still an active subscription member. Coach will contact you regarding your chart review once they have received health questionnaire and menstrual cycle chart(s).
4. Refunds
You satisfaction with the Program and Private Menstrual Cycle Chart Reviews is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program or optional private chart reviews and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be provided.
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).
GRACE PERIOD:
If payment is not received when due, the Company reserves the right to terminate your participation in the Membership Program, which includes access to all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Membership Program at any time or for any reason, you will remain fully responsible for the full cost of the Membership Program and all payments in any payment plan you have chosen, if applicable. The Company reserves the right to charge a late fee on all balances more than fifteen (15) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
4. Refunds
Your satisfaction with the Membership Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Membership Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any payment for the Membership Program and no refunds will be provided to you at any time. By purchasing our Membership Program, you understand and agree that all sales are final, and no refunds will be provided.
The Company reserves the right, in its sole discretion, to determine how to resolve an issue with a member who violates these TOU. Therefore, if a member disagrees with how the Company resolves an issue with another member and requests a refund, the Company will deny such request.
Furthermore, if a member violates this TOU, the Company reserves the right, in its sole discretion, to offer the member another opportunity to abide by these TOU. If a member disagrees with the Company offering another member a second opportunity to follow these TOU, no grounds for a member to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate this TOU, the Company may terminate your access and participation in the Membership Program without notice and without refund.
The Company may offer additional Membership Program elements for a subgroup of members, as further discussed in this TOU. The Company reserves the right, in its sole discretion, to offer participation in these additional Membership Program elements to specific members. If a member is denied participation in these additional Membership Program elements, no grounds for a member to receive a refund would be created and any request for a refund on this basis will be denied.
Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Membership Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
5. European (EU/EEA/UK) Members’ Right of Withdrawal
Members in the European Union and United Kingdom have a fourteen (14) day right of withdrawal from certain transactions under the terms of their respective laws. The Company is obligated to inform you of this right in very specific legal terms, which you can find below.
The Company agrees to honor your right of withdrawal as required by law prior to the commencement of the Membership Program, which includes, but is not limited to viewing or accessing the Membership Program portal, viewing, accessing and/or downloading Membership Program materials and Content, and attending trainings or events associated with the Membership Program (“Performance”).
If this right of withdrawal extends to you, then you have fourteen (14) days from your acknowledgement of this TOU to withdraw your acceptance of these terms, without giving any reason, and without incurring any costs other than those provided for in this section. The withdrawal period will expire after fourteen (14) days from the day you acknowledge this TOU.
By accepting this TOU, you agree and give your express consent and acknowledgement that you will lose your right of withdrawal once you have begun Performance of the Membership Program.
If you choose to exercise your right of withdrawal, the Company will reimburse to you all payments received from you less the processing fee incurred per transaction which can be found here:
https://help.kajabi.com/hc/en-us/articles/23370972909851-Kajabi-Payments-Fees-United-States
This reimbursement will be made using the same method of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement.
To exercise your right of withdrawal, you should inform the Company of your decision to withdraw by emailing [email protected] or mailing a letter to P.O. Box 38, Lake Charles, LA 70602 within the fourteen (14) day withdrawal period. You may use the below model form, but it is not obligatory.
To Avó Rouge LLC
[Date]
I, [your name], hereby give notice that I, [your name] withdraw from my participation in [membership/program/service name] that I purchased on [insert date of purchase]. I also withdraw from the Terms of Use Agreement that I acknowledged when registering for [membership/program/service name].
Acknowledged on [date] / Received on [date].
[Your name]
[Your address]
[Your signature (physical or electronic)]
The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this section, you shall not incur any liability as a consequence of your exercise of the right of withdrawal. If you exercise your right of withdrawal, both you and the Company will be released from your obligations to perform under this TOU, any ancillary contracts will be terminated automatically, and you may not be afforded the opportunity to enroll or participate in any service or product offered by the Company in the future.
6. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Membership Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase or access any of the Content, you will be considered the Company’s Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Content for your own personal purposes or within your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using any Content for personal use you in no way assume any ownership rights – it is still Company property. Any unauthorized use of any Content shall constitute infringement.
You must receive written permission from the Company before using any Content for your own commercial use or before sharing it with others.
You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.
The trademarks and logos displayed on the Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Company’s written permission.
All rights not expressly granted in these TOU or any express written license, are reserved by the Company.
c. Unauthorized Use
Your use of any Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Membership Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Membership Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, commercially exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and are granting the Company the right to make it part of the Company’s current or future Membership Program and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Membership Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Membership Program, without compensation to you at any time, now or at any time in the future.
You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Membership Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Membership Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Membership Program, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Membership Program and Content.
7. Your Conduct
The Membership Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Membership Program members on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Membership Program members to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Membership Program members to participate in events, such as a meetup, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services to Membership Program members, unless you are authorized or requested to do so by the Company.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for any comments, posts, photos, images, videos, or other contributions you make and for any liability that may result from anything you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other members
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or members without receiving their advance permission
- Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials, or any other content posted and/or shared from other members, with the public or with anyone who is not a member on or in any Company website, private membership or third-party forums operated by Company.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Membership Program and your access to the Content without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s website and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
8. Community Guidelines
Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all members will treat one another with respect while bringing encouragement and consideration to all members.
The Company’s community guidelines are as follows:
A. The Company’s Membership Program promotes diversity amongst its members. Therefore, the Company encourages all members to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any member’s discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
B. The Company does its best to create a safe and welcoming space for all members, however, the Company cannot guarantee that all members will follow these guidelines. The Company, in its sole discretion, may remove any member’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within the Membership Program. Therefore, the Company shall not be held liable for any member’s comments, actions, posts, content or materials that result in another member’s trauma or discomfort.
C. The Company has created a safe space for all members to feel seen, respected and heard. The Company encourages members to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each member must demonstrate respect towards one another.
D. All members must support each other with words of encouragement, resources or suggestions, while respecting each member’s boundaries.
E. The Company reserves the right to offer additional Membership Program elements from time to time, for any subgroup of members. These additional Membership Program elements are a bonus, not a part of the services included in the base membership of the Membership Program. The selection of the members who may participate in any additional Membership Program elements is at the sole discretion of the Company.
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.
9. Confidentiality
The Company is not legally bound to keep your information confidential. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or other privilege. Nevertheless, the Company agrees to keep all information about your health and membership confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others.
Confidential information does not include information that:
(a) was in the Company’s possession prior to your participation in the Membership Program;
(b) is generally known to the public or in your circle of friends and family and co-workers; or
(c) the Company may be required by law to disclose.
You agree that the Company shall not be liable for the disclosure of any of your information by another Membership Program member. You agree to keep all information you learn about other Membership Program members, their health information, businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them in the Membership Program, on the Company’s website, or on third-party forums operated by the Company.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your participation in the Membership Program and access to the Content.
Due to privacy and intellectual property concerns, you may not use AI technology to record or transcribe any coaching session.
10. Username and Password
To access certain features of the Membership Program, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Membership Program start date if you do not receive an email containing your password to access the Membership Program. You agree to keep your username and password confidential. During the registration process for any Company service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Membership Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Membership Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
11. Live or In-Person Events
If you participated in any live or in-person event as part of the Membership Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the event. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Membership Program, including any events. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Membership Program or any person, facility or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
If you choose to consume alcoholic beverages during any part of the Membership Program, you must do so responsibly and only if you are over the age of twenty-one (21).
The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Membership Program, including any events.
12. Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Membership Program and Content, in full or in part, upon delivery of written notice at any time. The Company may terminate your participation in the Membership Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Membership Program or Content affected by such cancellation or termination, including any private forums or communities. The restrictions imposed on you in this TOU with respect to the Membership Program and its Content will still apply now and in the future, even after termination by you or the Company.
If you are a group member who has paid your six-month membership fee in full, you must provide the Company with written notice of your request to cancel. You will continue to have access to the Content and the Membership Program until the end of the then-current six-month term. You will have access to the Membership Program for the remaining months of your six-month membership, and you will not be issued a refund for those remaining months.
If you are paying monthly installments and would like to cancel your membership in the Membership Program, you may cancel at any time, but you will remain responsible for the entire total payment outlined above. You will continue to have access to the Content and the Membership Program until the end of the then-current 6-month program term. Your access to the Content and the Membership Program will be immediately terminated upon your notice of cancellation.
IF YOU DO NOT WISH FOR THIS AGREEMENT TO RENEW THEN YOU CAN CANCEL IT EASILY BY SUBMITTING A REQUEST THROUGH THE MEMBER WEBSITE OR BY SENDING THE FOLLOWING EMAIL TO [email protected]
Please cancel my Fertility Awareness Collective group membership.
I understand that by canceling, I will not be removed from any online forum and will not lose access to any content until the six-month term is complete, and that I am still bound by all ongoing provisions in the Terms and Conditions which I agreed.
Signed,
[ENTER YOUR NAME]
YOU MAY CANCEL AT ANY TIME BUT NO REFUND WILL BE ISSUED.
YOU WILL CONTINUE TO HAVE ACCESS TO THE MEMBERSHIP PROGRAM AND CONTENT THROUGH THE END OF THE THEN-CURRENT RENEWAL TERM.
In the event you decide to cancel, any remaining, default, or late payments will be due immediately.
13. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You are voluntarily participating in the Membership Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
b. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in participating in the Membership Program and voluntarily, knowingly and freely assume all risks associated with participating in the Membership Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.
c. Your participation in the Membership Program does not establish a business advisor-client relationship of any kind between you, the Company, or anyone providing membership services on behalf of the Company.
d. You represent and warrant to Releasees that you are able to safely participate in the Membership Program and have no medical condition that would make your participation in the Membership Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Membership Program without the approval of a physician.
e. The Membership Program and Content provide information and education only, and do not provide any financial, legal, medical, nutritional, or psychological services or advice. None of the Membership Program or Content prevents, cures or treats any mental or medical condition. The Membership Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own health, financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Membership Program.
f. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to participate in the Membership Program.
g. You acknowledge that, by engaging with the Company for the Membership Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Membership Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
h. You acknowledge that avoiding or achieving pregnancy is in no way guaranteed.
i. You acknowledge that you have been provided with the following information: Kristy Routt is not a licensed, certified, or registered healthcare provider in Louisiana or any other state. Any food or dietary supplements being recommended are not medically prescribed drugs.
j. Required Disclosure: You acknowledge that you have been provided with the following information: Kristy's Routt’s credentials are as follows:
1. Certified Fertility Health Coach, Brilliant Birth Academy, 2025
2. Certified Fertility Awareness Educator, FEMM, Fertility Education and Medical Management, 2024
3. Holistic Nutrition Certification, AFPA, American Fitness Professionals and Associates, 2019
4. RYT 200, Registered Yoga Teacher, Yoga Alliance, 2017
5. B.A. Educ., English Concentration, Psychology Minor, McNeese State University, 1999
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Membership Program.
k. Results Disclaimer: You agree that Company has not made and does not make any representations about the results you may receive as a result of your participation in the Membership Program. The Company cannot and does not guarantee that you will achieve any particular result from your use of the Membership Program, and you understand that results differ for each individual.
l. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
m. The Company may share resources offered by trusted partners. If you purchase products from any of these partners, the Company may receive a portion of the proceeds.
n. The Company is not responsible or liable for members of the Membership Program infringing on another member’s intellectual property, content or materials.
o. The Company tries to ensure that the availability and delivery of the Membership Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, the Company will try to limit the frequency and duration of suspension or restriction.
p. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE MEMBERSHIP PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
q. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MEMBERSHIP PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE MEMBERSHIP PROGRAM.
14. Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.
15. Legal Disputes and Waiver of Class Actions
These TOU shall be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to its conflict of laws principles. The state and federal court nearest to Lake Charles, Louisiana, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Membership Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By participating in the Membership Program or using the Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The parties waive any right to bring claims as part of a class or collective action and agree to limit any litigation to individual claims they may have against one another. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
16. Users Outside United States
The Company controls and operates the Membership Program from offices in the United States. The Company does not represent that the materials in the Membership Program are appropriate or available for use in other locations. People who choose to access the Membership Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Membership Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
18. Force Majeure
The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Membership Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give you notice of its inability to perform or of delay in completing or providing the Membership Program and shall propose revisions to the schedule for completion of the Membership Program or other accommodations or may terminate this TOU.
19. General Provisions.
The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and members shall be notified via email. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. Any waiver by the Company of a breach of this TOU does not equal approval or waiver of any subsequent breach or violation of this TOU. You cannot assign or transfer any rights or obligations under this TOU without the Company’s prior written consent.
This is the entire agreement between you and the Company and it reflects a complete understanding with respect to the Membership Program. This TOU supersedes all prior written and oral representations.
D. CLIENT 1:1 MENTORSHIP (PRIVATE COACHING) AGREEMENT
This Agreement (the "Agreement") is entered into by and between Kristy Routt (“Coach") and (“Client”, “you” or “your”).
- Introduction
It is common practice for health coaches, naturopaths, and other non-licensed practitioners to collect your signature on a form such as this. By doing so you acknowledge and accept that your Coach:
- is not medically qualified,
- is not a substitute for advice from a qualified doctor,
- recommends that you consult your doctor before making any changes to your diet or exercise regime or taking any dietary or herbal supplement,
- does not warrant the accuracy of any information provided,
- is not liable for any losses you may suffer by relying on our advice,
- does not recommend any particular product,
- is not a covered entity or a business associate of a covered entity under HIPAA.
- No recommendation
All material and information Coach may provide about products and therapies is provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, Coach does not necessarily endorse, recommend or promote any such product or therapy.
3. Coach’s General Scope of Services:
Coach obtains a set of laboratory test results from a laboratory and provide you with a nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes. Your doctor may use the same test results to diagnose and treat disease, but Coach does not diagnose or prescribe treatment. The information we provide is not intended to, cannot, and should not be expected to be a substitute for a personal consultation with your own qualified medical professional. We do not accept any liability for any failure to identify any medical condition or disease; this is not the purpose of our services.
We may provide you with information relating to products that we believe might benefit you, but such information is not to be taken as an endorsement or recommendation. Some such products may not be available without a prescription, but we do not dispense or prescribe any prescription products. The information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care. Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from that information.
Coach will make reasonable efforts to protect the privacy of your medical information that is shared with us, including any medical test results. However, that information is not protected by doctor-patient confidentiality nor is it governed by HIPAA.
4. Services
Coach agrees to provide Client with the following services (“Services”):
Coach and Client agree to engage in a 180-day mentorship and coaching program through 7 online video calls or phone calls, Voxer voice and text support, and 2 HTMA (Hair Tissue Mineral Analysis) tests. Client will also have access to the Fertility Awareness Collective group program for 180 days, which includes the Cycle Literacy Formula on-demand curriculum, the private podcast, the private community, and 1 monthly pre-recorded fertility awareness workshop. Client participation in the private podcast, private community, and group workshops is completely optional if enrolled as a private client.
If Client wishes to extend the coaching relationship, both Coach and Client must agree in writing (including by e-mail) to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.
5. The Coaching Relationship; Client and Coach Responsibilities
The coaching relationship is co-creative, meaning that the Coach and Client are equal partners in the coaching process. Coach agrees to serve as your fertility health coach. Fertility coaching is designed to help you reach your fertility goals by educating you about body literacy, teaching you to identify your fertile window each cycle using your real-time hormonal biomarkers, teaching you key areas that will improve your hormonal and reproductive health, and helping you implement lifestyle, dietary, and supplement recommendations based on your unique, situation, lab results, and goals. Coaching is an alliance between the coach and the client.
Coach's Responsibilities:
- Coach is trained to help you learn to identify, chart, and interpret your hormonal biomarkers in order to identify the most likely timing of your fertile window and assess clues as to hormonal issues based on your chart.
- Coach is trained to recognize abnormal menstrual cycle charts based on Reproductive Health Research Institute (RHRI) protocols.
- Coach is trained to recognize when it is appropriate to recommend that you seek medical attention from a licensed practitioner based on your menstrual cycle charts according to RHRI protocols. (You understand that you should speak to your doctor or licensed medical professional before making any changes to lifestyle, nutrition, exercise, or supplement routines, and you should discuss any concerns about your health with such professionals. If you have any concerns, you should not wait for the Coach to recommend that you consult your doctor or medical professional. You should do so as soon as possible if you have any medical questions or issues.)
- Coach is trained to give you lifestyle and nutrition advice that will support your hormones and reproductive health. (You acknowledge that although Coach has received extensive training in nutrition, Coach is not a licensed nutritionist or dietician.)
- Coach is trained to help you advocate for yourself with your chosen medical professionals.
- Coach is trained to order and interpret HTMA (Hair Tissue Mineral Analysis) lab results.
- During your coaching experience, Coach will provide a supportive and encouraging environment--one in which you can relax and ask any questions that arise.
Client's Responsibilities:
- You agree to be patient and kind with yourself as you learn and apply new ideas and concepts.
- You understand that coaching works when you do the work and you agree to take ownership for your progress and accomplishments.
- You agree to watch the on-demand Cycle Curriculum lessons in between each appointment (Coach will suggest which lessons to watch before each session.)
- You agree to show up for yourself not only during your coaching sessions, but also in between coaching sessions (this is where you apply what you learn).
- You agree that you are completely responsible for your well-being and your mental and physical health care – during, after, and between sessions.
- You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during your coaching journey.
- You agree not to hold Coach, or any company Coach is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the coaching process. You agree that Coach cannot guarantee that you will or will not get pregnant during or after you are working with Coach.
- You acknowledge that you are under the care of a physician and healthy enough to engage in Coaching.
- You agree that your relationship with the Coach, or anyone providing coaching Services on behalf of the company, is that of a coach-client relationship and that no other professional relationship (such as doctor-patient or attorney-client) has been established.
6. Consult Your Doctor
Coach is not a qualified medical advisor and makes no claims to be so. The information Coach provides should not be taken to be, and is not a substitute for, personal medical advice and instruction. Client should not take any action based solely on Coach’s advice.
Client should consult their licensed medical provider, nutritionist, counselor, or therapist:
- For any medical interpretation of your test results,
- On any matter relating to your health and well-being,
- Before making any changes to your exercise or diet,
- Before taking any nutritional, herbal, homeopathic or hormonal supplementation,
- Before beginning any therapy.
You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
Coach cannot and does not guarantee any particular results, health outcomes, or pregnancy status as a result of this coaching relationship. Client’s success depends on their own effort, motivation, follow-through, health status, and other factors. Individual results vary.
7. Fees and Payment Schedule
Client agrees to the following fees and payment schedule:
Option 1:
Installment Plan
$300 enrollment fee plus six payments of $450.
Your first payment is $750 (enrollment fee plus monthly fee.)
Then you will be charged once per month for five additional months in the amount of $450 each month. There is a 180-day commitment with this option.
Option 2:
Pay-in-Full
One payment of $2,700 due upon enrollment. The $300 enrollment fee is waived if you choose to pay in full. There is a 180-day commitment with this option.
Client understands and agrees installment and other payment plans are offered as a convenience to Client and that by enrolling, Client is committed to pay for the Services in full, regardless of Client’s financial circumstances or termination of the relationship and this Agreement by Client.
Coach reserves the right to charge a late fee on all balances more than 15 days overdue at the maximum interest rate allowed by law. Client agrees to reimburse Coach for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Coach also reserves the right to terminate this Agreement, and the coaching relationship, should these fees not be paid.
If paying by debit card or credit card, you give Coach and any company that Coach is affiliated with permission to automatically charge your credit or debit card for all fees and charges due and payable to the Coach, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Coach and any company that Coach is affiliated with 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).
8. Session Procedures
Sessions will last approximately 30-50 minutes and will take place by phone or videoconference. Coach will initiate the call. Where needed or where convenient, Zoom or other videoconferencing software will be used. Where possible, sessions will take place at a set time and day, however, sessions can be adjusted as mutually agreeable.
A 24-hour cancellation notice is required for all scheduled sessions. Cancellation requests made less than 24 hours prior to your scheduled appointment will result in the forfeit of the coaching session that was reserved for you. If Coach must reschedule the appointment last minute due to an emergency, the missed appointment will be rescheduled and an additional coaching session of approximately 30-50 minutes will be added to replace the cancelled appointment as a courtesy.
Voxer voice and text messaging support is included as a part of the coaching relationship. Voxer support will include answering any questions that may arise for Client in between sessions. Coach will make every effort to respond to Voxer voice/text messages the same business day the Client submits them, but it is not guaranteed. Coach will reply to Voxer messages during the week (Monday – Friday.) Voxer will not be available on Saturday, Sunday, or holidays. In some cases, support may exceed this minimum.
Coach may, in its discretion, record calls. Client agrees not to record coaching sessions (audio or video) without prior written consent from Coach. Unauthorized recording may result in immediate termination of this Agreement.
9. Preparation for First Session
Client will receive a separate welcome letter and intake questionnaire via email to outline the process and prepare for the first session.
10. Confidentiality
Coach agrees to keep all information about the Coach / Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, i.e., when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that Coach / Client communications are not covered by any doctor-patient privilege or other privilege.
If Client wishes for Coach to speak to a third-party relating to the coaching relationship, then Client needs to give Coach written permission (original signed letter or e-mail) to do so.
This confidentiality provision shall survive the termination of this Agreement.
11. Termination and Refunds
Either party may terminate this agreement by providing notice in writing (including by email). Coach requests Client provides at least 48 hours’ notice of termination prior to your next scheduled coaching session.
Coach reserves the right to terminate the Agreement immediately in the event of Client misconduct or failure to comply with this Agreement.
All fees for the sessions are non-refundable. In the event of Coach’s termination that is not the result of Client’s breach of this Agreement, Client will not owe any additional payments to Coach. In the event Client terminates this Agreement, and the termination is not the result of Coach’s breach of this Agreement, Client will remain obligated to pay any outstanding fees owed to Coach.
In the event of termination, Client will retain access to the Coaching Materials as defined below, for the entire term of this agreement.
12. Coaching Materials
Client acknowledges that Coach owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during our coaching relationship (“Coaching Materials”). Coach hereby grants Client permission to use these materials for Client’s own personal, non-commercial use only during the term of this agreement. Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.
13. AI Tools
Client acknowledges that Coach may use artificial intelligence (“AI”) tools in the delivery or administration of coaching services. Coach agrees to use commercially available AI tools responsibly and in accordance with applicable privacy and data protection laws.
14. Limitation of Liability, Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
b. You represent and warrant to Releasees that you are able to safely participate in the Course and have no medical condition that would make your participation in the Course more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Course without the approval of a physician.
c. You acknowledge that, by engaging with the Company for the Course, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your ([delete if no minors] or your minor child’s/ward’s) participation in the Course, whether or not caused by the active or passive negligence of the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Course.
d. The Course and Content provide information and education only, and do not provide any medical or psychological services or advice. None of the Course or Content prevents, cures or treats any mental or medical condition. The Course and Content is not intended to be a substitute for professional advice that can be provided by your own medical professional. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Course.
e. Client agrees that Coach will not be liable to Client or any third party for any incidental, statutory, special, exemplary, punitive or consequential damages (including, but not limited to, lost data or lost profits), that arise from Coach’s performance of coaching (including, but not limited to, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the coaching shall be the sole responsibility of Client. Client agrees to indemnify Coach and its owners, officers, employees, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Coach’s performance of the coaching, except to the extent such are caused by the sole fault or negligence of Coach.
f. You understand that Coach does not provide any financial, legal, medical, or psychological services or advice. Coaching does not prevent, cure, or treat any mental or medical condition. Coaching is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions, and results. You should consult with a professional, independent of the coaching relationship, if you have specific questions about your own unique situation. Coach, and any company that Coach is affiliated with, disclaims any liability for your reliance on any opinions or advice received as part of the coaching relationship.
g. If you rely on, buy or use a product or therapy, you do so at your own risk. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may react to any particular product or therapy.
h. To the maximum extent permitted by law, we exclude:
- Any and all liability in contract, tort (including negligence), breach of statutory duty, or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (including but not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice we provide.
- Any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement and lifestyle suggestions we may provide.
- Any and all liability for injury or loss arising from any product or treatment you may choose to take.
- Any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services.
i. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
j. The Coach will provide our services to you with reasonable care and skill. But we make no other warranty, express or implied, with respect to those services. All other warranties are excluded to the maximum extent permitted by law.
k. The Coach makes no warranty as to the accuracy of the laboratory test results we receive.
l. The Coach makes no warranty, expressed or implied, as to the quality or effectiveness of any apparatus, treatment or product. In no event will we be liable for any physical or mental injury, or any negative side effects that may arise from the use of any such apparatus, treatment or product.
m. The Coach believes that the information Coach provides, including that on Coach’s web sites, brochures, flyers and information packets, is accurate, but Coach cannot guarantee such accuracy. The Coach therefore makes no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete or accurate. It is your responsibility to verify such matters independently from primary sources of information, and by taking specific professional advice.
15. Legally Required Disclosure
Kristy Routt is not a licensed, certified, or registered healthcare provider in any state. Any food or dietary supplements being recommended are not medically prescribed drugs.
16. Coach's Contact Information:
Kristy Routt, Avó Rouge LLC, 337.377.7945, [email protected], P.O. Box 38, Lake Charles, LA 70602
17. Coach's Credentials:
a. Certified Fertility Health Coach, Brilliant Birth Academy, 2025F
b. FAE, Certified Fertility Awareness Educator, FEMM, Fertility Education and Medical Management, 2024
c. HNC, Holistic Nutrition Certification, AFPA, American Fitness Professionals and Associates, 2019
d. RYT 200, Registered Yoga Teacher, Yoga Alliance, 2017
e. Educ., English Concentration, Psychology Minor, McNeese State University, 1999
18. Force Majeure
Coach shall not be deemed in breach of this Agreement if Coach is unable to complete or provide coaching or any portion thereof by reason of fire, tornado, hurricane, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of Coach and any company that Coach is affiliated with or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond Coach’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing or providing the coaching and shall propose revisions to the schedule for completion of the coaching or other accommodations, or may terminate this Agreement.
19. General Provisions
This Agreement will be governed by the laws of Louisiana. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Lake Charles, Louisiana, and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation shall be entitled to recover its attorneys’ fees and costs from the other party.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.
20. Fertility Awareness Collective Group Program Terms of Use
As a private Client, you acknowledge that you will also have access to the Fertility Awareness Collective Group Program for the entire term of this agreement.
You acknowledge that, when accessing any portion of the Group Program, you are bound by the Fertility Awareness Collective Group Program Terms of Use (except for Group Program pricing terms) in addition to the terms stated within the Client 1:1 Mentorship (Private Coaching) Agreement.
Private clients will have the ability to opt into Alumni Access if they so choose within the terms outlined above in the Fertility Awareness Collective Group Program TOU on this page.
By clicking on the box, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these terms, do not enroll in any Avo Rouge LLC | MyBodyLiteracy course, program, mentorship, coaching, or chart review or access any of its content.
Updated on June 26, 2025