The Feminine Frequency Business School
Terms of Purchase
Last Modified: August 1, 2024
1. PARTIES. In consideration of being permitted to participate in the The Feminine Frequency Business School (the “Services”), and the value you will gain by participating in the Services, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or the “Client”) and Jessica Zweig, Inc. (hereinafter “Company”, “Jessica Zweig” “we” or “us”). You and the Company are collectively referred to herein as the “Parties”.
2. ACCEPTANCE OF TERMS OF PURCHASE. The following Terms of Purchase (“Terms”) govern your use of and access to the Services. These Terms are legally binding and it is your responsibility to read them before you begin to use the Services. By using and participating in the Services, you accept and agree to be bound and abide by these Terms.
3. SERVICES. Services will include a twelve (12) week program featuring the following:
- Live Teachings: Client must attend or watch the twelve (12) interactive live teachings. Live attendance is preferred but not required, so long as a total of twelve (12) are completed. The schedule for live teachings is attached hereto as Schedule “A”.
- Assessments: An assessment associated with each interactive live teaching must be completed by the Tuesday following the live teaching, by 11:59pm PT. Eleven (11) assessments total shall be completed. Assessments are pass/fail and Client has one chance to complete and pass each assessment.
- Dissertation: Client must and submit a dissertation on how they will apply the gained knowledge to Client’s personal and professional life by December 2, 2024. Details of the dissertation will be provided at the beginning of the program. Client’s assessments will help build this dissertation.
4. BONUSES. If Client completes registration prior to August 8, 2024, Client shall receive access to The Lion’s Gate six (6) hour virtual experience on August 8, 2024 featuring talks, meditations, activations and new teachings on spirituality, wealth, feminine leadership and personal power. If Client attends this virtual experience, Client acknowledges and agrees to the separate Terms of Purchase relating to the experience. Client may also be eligible for participation in the Company’s following programs or deliverables: (1) How to host Your Own FF Events, Retreats and Workshops; (2) Nervous System Healing for the Female Entrepreneur; (3) Hathor, Isis and Sekhmet Meditations; and (4) the Reignite Your Creativity Workbook.
5. CLIENT RESPONSIBILITY. As part of your participation in the Services, you are expected to complete the requisite work assigned throughout the Services. There is no guarantee for success as Client is responsible for completing work and following the Company’s recommendations.
6. CERTIFICATION. Subsequent to completion of your participation in the Services, you may be eligible to qualify for certification by the Company. Your complete participation in the Services does not guarantee certification by the Company. The Company has the sole authority and discretion to award certifications to participants of the Services. The Company may impose additional requirements for certification that are outside the scope of the Services, including but not limited to an interview, oral or written exams, and/or submission of video recordings. It is in the Company’s discretion whether or not to impose additional requirements and such requirements may be based on Client’s performance throughout Client’s participation in the Services. The Company’s imposition of certification requirements may differ from Client to Client. It is in the Client’s discretion whether or not to pursue a certification by the Company and such certification is not required for successful completion of the Services. Certification must be awarded to Client in writing by the Company. Client understands and acknowledges that the certification is not a part of the International Coach Federation.
7. POST-CERTIFICATION GUIDELINES. If Client successfully obtains and is awarded certification by the Company, Client is granted a limited, non-assignable, non-transferable license to include a digital copy of the Certification and a badge in the footer of Client’s website stating that Client is a certified and globally recognized Feminine Frequency Business Leader. Upon successful certification, Client will also obtain access to a Feminine Frequency Business Leader only platform, where Client may connect with others and access additional educational resources and content. Upon successful certification, Client will have early access to all Company program, products and events so long as Client remains certified. Once certified, Client acknowledges and agrees that Client is responsible for ensuring compliance with any and all state or federal requirements relating to how Client operates the business. To retain this certification, Client must take and pass an annual certification renewal exam provided by the Company to ensure that Client is keeping up with best practices. Client is required to notify Company of any changes in contact information or changes in practice areas so that Company may update its directory and provide accurate referrals. Client must conduct themselves according to a high standard of professional conduct. Client may not make any representations, warranties, guarantees, indemnities, similar claims or commitments, actually, apparently, or ostensibly on behalf of Company. Client acknowledges acknowledge that the certification is not in any way a warranty or guarantee by the Company of Client’s abilities. Client may not suggest or represent to third parties that the certification is any such warranty or guarantee of Client’s abilities. Company reserves the right to revoke Client’s certification at any time for any reason, including but not limited to: (i) complaints or reports from clients; (ii) use of the certification in a way that does not align with Company’s mission and values, which Client acknowledges receiving during training; (iii) engagement in conduct detrimental to the health, safety or welfare of clients; (iv) conviction of any felony or a misdemeanor involving a crime of moral turpitude, including but not limited to fraud or dishonesty; and (v) a violation of any of the terms of this Agreement. The right to revoke your certification is in addition to any other remedies available to the Company at law or equity. Client agrees that, upon termination or expiration of this Agreement or the certification, all rights related to the certification, including all rights to use intellectual property, proprietary information, and confidential information, will immediately terminate, and Client must immediately cease and desist from representing themselves as certified Feminine Frequency Business Leader. Client’s access to the benefits of the certification referenced herein shall immediately terminate.
8. TERM. This Agreement shall be in force for a period of twelve (12) months, beginning the day of Client’s registration for the Services, and ending twelve (12) months from that date. Any extension, modification or renewal of the Term must be agreed to in a writing signed by both Parties.
9. REGISTRATION AND PAYMENT. In full consideration of Company’s performance, obligations and the rights granted herein, Client agrees to either: (1) pay in full in the amount of $9,999.00 at the time of registration; or (2) pay in 3 monthly installments in the amount of $3,555.00 per month, with the first installment paid at the time of registration. If Client pays in full, payment must be made prior to August 16, 2024 or before the program is full, whichever is earlier. If Client elects to pay in installments, payment shall be automatically collected by Company on a monthly basis, with the first monthly installment paid prior to August 16, 2024 or before the program is full, whichever is earlier. All payments made by Client to Company are non-refundable. If Client elects to pay in installments, Client may not terminate or cancel any future payment obligations. Due to the nature and immediate access to the Services, if Client discontinues participation in the Services, Client hereby agrees to remain responsible for all outstanding payments for the remainder of the Term. All payments made by Client to Company are non-refundable. Payment will be collected by Company via Credit Card. You hereby give the Company authorization to charge your credit/debit card on file for any outstanding fees. Payment failure will result in termination of the Services, effective immediately. You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with your registration and participation in the Services are correct and that you are authorized to use such payment instrument. You may not resell, assign, or transfer your registration to participate in the Services.
10. LATE FEES. If Company does not receive payment from you within fourteen (14) calendar days of any payment date, then you will be charged a late fee of 1.5% of the outstanding amount per each day that Company does not receive payment.
11. CHARGEBACKS. You are to make every attempt to file for a refund prior to attempting a chargeback with your financial institution. You will remain responsible for amounts due under this Agreement in the event you dispute payment with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all intellectual property or deliverables afforded to you in exchange for your purchase of the Services. Company reserves the right to present proof of purchase and this Agreement to the financial institution investigating the dispute.
12. RECURRING SUBSCRIPTIONS. If you select a Service with a recurring subscription (autorenewal), you authorize Company to maintain your account and payment information and charge that account automatically upon the renewal of the Service.
13. BUSINESS HOURS. Company ‘s business operating hours are as follows: Monday –Thursday from 9:00am to 4:00pm Central Time. All emails will be responded to within twenty-four (24) hours during Business Operating Hours. If communication is made to Company during the weekend, it will be addressed the following Business Day. Company will be closed on holidays and for vacation(s), which may affect Company’s business operating hours. Company’s closures for vacation are within the Company’s sole authority and discretion.
14. CLIENT CONFIDENTIALITY. During the course of the Company’s performance of Services, you may receive, have access to and create documents, records and information of a confidential and proprietary nature to the Company. This confidential information may include but is not limited to Company work product, coaching materials, company and member financial information, marketing plans and strategies, market research, client and other mailing lists, business transactions, supplier or vendor relationships, contract terms, present and future projects and products, and pricing and cost information, and other information that is not generally known to the public (“Confidential Information”). You acknowledge and agree that such Confidential Information is an asset of the Company, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Company and must be kept strictly confidential and used only in the performance of your performance under this Agreement. You agree that you will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except as otherwise directed by Company in the course of your performance under this Agreement, and thereafter only with the written permission of Company. You shall notify the Company immediately in the event you become aware of any loss or disclosure of any Confidential Information. Upon termination of this Agreement or upon the request of Company, you will return to Company all of the Confidential Information, and all copies or reproductions thereof, which are in your possession or control. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.
15. CANCELLATION POLICY. Company has a 14-day refund policy from start date of program. Shall you request a refund, the request must be made in writing no later than the 14th day of the program at 11:59pm Central Time to FFBS@jessicazweig.com. In order to receive a full refund, your full participation in the program is required, including attending or watching all live calls, submitting satisfactory assessments evaluated by the Company, and providing valiant and validated efforts of putting the Program learnings into actionable steps for yourself and your business. Once refund is approved, you will receive the refund in-full within 14 business days.
If you cancel your participation in the Services for any reason after the 14-day mark, we will not issue any credits or refunds of the registration, without exceptions. Due to the nature and immediate access to the Services, if Client discontinues participation in the Services, Client hereby agrees to remain responsible for all outstanding payments for the remainder of the Term.
16. FORCE MAJEURE. If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.
17. INTELLECTUAL PROPERTY RIGHTS. All content, materials and features displayed or provided in connection with the Services, including but not limited to information, software, images, text, designs, graphics, video, audio, written materials, presentations and the arrangement thereof are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.
18. NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material displayed or provided in connection with the Services.
19. PRIVACY. You agree that all information you provide to register for the Services, including, but not limited to, through the use of any interactive features on the Company’s website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice [https://jessicazweig.com/privacy-policy/].
20. COMMUNITY GUIDELINES. You hereby agree to the Company’s Website Terms of Use [https://jessicazweig.com/terms-and-conditions/] and all Community Guidelines outlined therein.
21. USER CONTRIBUTIONS. If you submit a comment, photo, video or other materials to Company in connection with the Services, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
22. GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services or that the Services will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Services or its related content will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. The Services should not be construed as medical, legal, or financial advice.
23. WARRANTIES DISCLAIMER. Your use of the Services or items obtained throughout your participation in the Services is at your own risk and are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
24. EARNINGS AND RESULTS DISCLAIMER. While we may reference certain results, outcomes or situations in connection with the Services, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements made or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your participation in the Services or your access, purchase or completion of any material provided relating to the Services. Any results provided in connection with the Services are not guaranteed or typical.
25. COACHING DISCLAIMER. Client understands that Company’s employees and teachers are not Client’s agents, therapists, business managers, or public relations managers. They do not provide counseling, therapy, advice, answers, or direction. Their role is to assist Client in understanding and completing the Services and, if applicable and Client qualifies, obtaining the certification.
26. TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. We cannot guarantee that all information provided in connection with the Services is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.
27. WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of execution of the Agreement.
28. ASSIGNMENT. This Agreement is personal to each of the Parties. No rights or obligations may be assigned or delegated by either Party at any time, unless such assignment is in writing and signed by both Parties.
29. ASSUMPTION OF RISK. By participating in and accessing the Services, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.
30. INDEMNITY AND RELEASE. You agree to indemnify, defend and hold harmless Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of and participation in the Services, including but not limited to your User Content, any use of the Company’s website’s content, Services, or your use of any of the information obtained from the Services.
31. LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
32. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms of Purchase or the Services must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
33. SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
34. NOTICES. All notices, claims, and demands made upon Company under this Agreement must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.
Notice to Company: Jessica Zweig, Inc.
Attention: Jessica Zweig
support@jessicazweig.com
35. ENTIRE AGREEMENT. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms). The English version of these Terms will control if there is any conflict.
36. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.
37. MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Davidson County, TN or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.
38. JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Davidson County, TN and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.