FEARLESS MEMBERSHIP AGREEMENT

 

Thank you for enrolling in [FEARLESS Membership] (“Membership”). 

All sales are final for this Membership and payments will continue to be charged until the Subscription is canceled manually, pursuant to terms & conditions (the “Agreement”) below. 

By clicking “Buy Now,” “Complete My Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Membership for which these terms appear, you (hereinafter referred to as “you” or “Customer”) agree to be provided with the Membership created by [Lindsay Yeager], ("Creator") in her capacity as owner of [Flow With Your Flow LLC] (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions: 

 

1) INTRODUCTION

Flow With Your Flow LLC (“Company”) is a company that provides women and people who have a menstrual cycle with online courses and other educational materials.

Company has created the [FEARLESS] ("Membership") as an ongoing subscription-based platform to educate Customers on how to use the fertility awareness method.

The Membership is a monthly subscription program that may include pre-recorded videos, a private community group, Live Q&A sessions, and 1:1 calls, depending on the subscription option.

There are three (3) subscription options to enroll in the Membership: basic, standard, and high touch. Customer has the option to select the preferred subscription option at checkout and this Agreement will be bound by that selection as the term of this Agreement, and shall be obligated to make all payments pursuant to Customer’s selection.

 

2) PAYMENT & FEES

(a) Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount for the Membership (the “Membership Fee”), regardless of what payment option Customer selects at checkout. 

(b) This is a subscription-based product with recurring billing, pursuant to the time frame selected by Customer at checkout. The initial Membership Fee will be billed at checkout and the start of Customer’s membership; the recurring Membership Fee will be billed each month on the purchase date. For example, if you purchased the membership on May 15, you will be billed every month on the 15th. Payments will be automatically billed via the same payment method used at checkout. See Section 3 (Cancellation) with instructions to cancel.

(c) Customer authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorization for each payment. 

(d) If any payments fail, Customer agrees to remedy the situation immediately (ie. update Customer’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Customer forfeits his/her right to access the Membership. 

(e) The Customer shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Customer to Company for the Membership, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account. 

(f) Late Fees - Company understands that, from time to time, there are issues with payment. All payments must be received by Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $20.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Membership. Customer shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Customer’s access to the Membership is revoked.

 

3) TERM, TERMINATION & CANCELLATION

(a) Term - The Term of the Agreement shall be for at least as long as the subscription package purchased by Customer, with the exception of Sections 8 through 11, which shall survive the Term of this Agreement, and continue until either party terminates pursuant to the cancellation policy below. 

In other words, Customer will be charged for one month and the Term of the Agreement shall be for at least one month and continue month-to-month until terminated by either party.

(b) Termination - Customer dissatisfaction with Company and/or Membership mentor’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Customer. Even if Customer does not complete all portions of the Membership, Customer is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Membership at checkout and executing this Agreement.

(c) Cancellation - This is a subscription-based Membership. The subscription shall automatically renew at the end of the initial term (ie. the package Customer selected at checkout) until Customer cancels. In order to cancel their Membership and terminate the Agreement, Customer must notify Company in writing via email at [[email protected]] at least five (5) days before the initial term expires in order to avoid being billed for the renewal (“Cancellation”). After Cancellation, Customer may continue to use their account for the Membership for the duration of their billing period. Following Cancellation, you will lose access to all information, workshops, group communities and other Membership content.

(d) Switching Subscription Options - Customer may switch subscription options any time by purchasing their new desired option. When Customer purchases their new desired option, the previous membership option payments and access will be deactivated immediately. It is recommended that Customer upgrades or downgrades at the end of their billing period before the next payment is withdrawn because membership payments are not prorated and there are no partial refunds.

 

4) DISCLAIMERS

(a) The Company is not a manager, employee, doctor, nurse practitioner, nurse, board certified physician, physical therapist, registered dietician, nutritionist, herbalist, acupuncturist, holistic health practitioner, psychiatrist, psychologist, therapist, hypnotherapist, counselor, or other agent of the Customer. Creator is a state licensed master social worker (LMSW), but Membership is not psychotherapy and is not a representation of the social work profession. Membership is also not a substitute for psychotherapy, diagnosis, treatment, medical care, or legal advice.

(b) Customer understands that the Membership is created to help Customer learn new skills and assist Customer with finding their own direction. The Membership may offer guidance regarding fertility and health decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves. Customer understands that the Membership has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with knowledge of the fertility awareness method. Through the Membership, the Company might provide guidance regarding fertility awareness, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for themselves.

Customer understands that fertility awareness is a method of tracking the menstrual cycle to make informed decisions about health and fertility, hereinafter referred to as “fertility awareness”). Customer also understands that the Membership is not a substitute for medical and/or other health care. Customer hereby understands and agrees that Company is not “diagnosing” or “treating” the physical body, which falls under the jurisdiction and expertise of licensed medical health care providers. Customer hereby acknowledges and agrees that they shall consult their health care provider and discuss any recommendations made by Company. Customer also agrees to immediately inform their health care provider of any illness, pain, or other mental distress and/or physical discomfort that occurs during or after Customer’s participation in the Membership. Customer also acknowledges and understands that the exact benefits and risks of fertility awareness are not fully known. As such, all methods used by Company are merely experimental and cannot promise to deliver specific results or achieve specific outcomes. Customer hereby assumes and accepts all risks associated with the Membership described herein.

Customer hereby acknowledges that Customer is solely responsible for their own results and choices made by implementing techniques and advice provided by the Membership. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Membership will provide Customer with the ability to avoid pregnancy, to conceive, or to understand or heal their own individual health conditions. Customer also agrees that they are solely responsible for any decision Customer makes and indemnifies Company from any liability regarding said decision. By using Company’s services and purchasing this Membership, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Membership. Customer agrees that use of this Membership is at Customer’s own risk. 

(c) Customer hereby acknowledges that fertility awareness is a subjective service and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Creator may use its personal judgment to provide the Membership services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.  

(d) This Membership may include access to third-party content, such as recorded workshops by guest teachers, provided as a courtesy. Company is not responsible or liable for any third-party content inside the Membership. 

(e) This Membership does not include: 1) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 2) health or nutrition advice; 3) advice regarding pregnancy; 4) a certification. 

(f) Communication With Other Members - Company shall not be held liable, either directly or indirectly, for Customer’s communication with any other student or third-party that may or may not be part of the Membership. For instance, as part of the Membership, the Company may encourage Customers to work with other third-parties such as nutritionists, acupuncturists, doctors, or any other holistic or medical health care provider. These are mere suggestions and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Customer. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Customer’s communication and/or collaboration with a third-party. While Company will take reasonable measures to ensure there is no injurious communications inside the Membership, it is the responsibility of all students to act with their own volition and discretion when communicating with others because in a group setting, Company cannot guarantee confidentiality.

5) MEMBERSHIP SPECIFICS

Each tier of the Membership includes access to different parts of the Membership.

 

The Basic Tier Includes:

• A pre-recorded fertility awareness video course
• Two (2) live 1-hour question and answer calls a month to assist the Membership customers as a group to better understand the techniques and strategies discussed in the course

 

The Standard Tier Includes:

• A pre-recorded fertility awareness video course
• Two (2) live 1-hour question and answer calls a month to assist the Membership customers as a group to better understand the techniques and strategies discussed in the course
• Additional feedback in the form of a private Community Group created exclusively for the Membership Customers

 

The High Touch Tier Includes:

• A pre-recorded fertility awareness video course
• Two (2) live 1-hour question and answer calls a month to assist the Membership customers as a group to better understand the techniques and strategies discussed in the course
• Additional feedback in the form of a private Community Group created exclusively for the Membership Customers
• One (1) 30-minute one-on-one call a month with Creator through Zoom

 

Company reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined exclusively by Company. 

This Membership may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined by Company. Access to this Membership is currently through a third-party platform, Kajabi, LLC. (“Kajabi”). Company is not liable for any limitation of access to the Membership caused by Kajabi. 

One-On-One Call Rescheduling Policy - One-on-one calls are only available to Customers in the High Touch Tier. All one-on-one calls must be scheduled once a month using Creator’s scheduling link. In order to accommodate situations that unexpectedly arise for the scheduled one-on-one calls, Creator agrees to allow up to one (1) rescheduled call a month. All requests to reschedule a call must be made no later than 24 hours before the scheduled call. All requests to reschedule must include a date and time within a week at which the rescheduled call can take place, which Customer must schedule with Creator’s scheduling link. Failure to do so shall result in Customer forfeiting the one-on-one session with no money back. If Customer does not schedule a call in a specific month or does not show up for a scheduled call, Customer will forfeit the one-on-one session with no money back and the missed call will not roll over into a future month. For example, if Customer fails to schedule a call or does not show up for a scheduled call in the month of June, that call will not roll over into July or any other future month. Flow With Your Flow LLC does not provide any refunds or discounts for Customer’s failure to attend any call or complete any portion of the Membership.

 

6) CUSTOMER’S RESPONSIBILITIES

(a) The Membership has been developed for educational purposes only. The Company has established its proprietary Membership in order to educate and inspire Customer to pursue their personal goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Membership. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Membership. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply enrolling in the Membership or utilizing the tools, resources, or advice provided therein.

(b) Community Guidelines - By participating in the Membership and executing this Agreement, Customer hereby agrees to abide by all Company Membership Community Guidelines, which are as follows: 

• Bullying harassment, and hate speech are not allowed
• Racism, sexism, transphobia, and ableism, will not be tolerated
• Self-promotion, spam, cross-promotion, and solicitation are not allowed 
• You must ask members for their permission to provide your advice prior to doing so
• Judgment against other Membership students for their decisions regarding their health and fertility will not be tolerated

Zero Tolerance Policy - Company employs a Zero Tolerance Policy inside the Membership as it pertains to harassment of Company representatives and/or other students inside the Membership. 

“Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.

If Customer or any other student harrasess a Company member or other student inside the Membership, Company will give one (1) warning to Customer or the student to modify their behavior. Thereafter, upon a second incident of Harassment, Company will immediately remove the Customer or student from the Membership with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.). 

7) REFUND POLICY

All sales are final for this Membership. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds. Membership Fees are non-refundable and there are no credits for partially used enrollment periods.

 

8) NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT 

Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Membership. As such, Customer agrees and acknowledges all Confidential Information shared through this Membership and by the Company is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

• Any systems, sequences, processes or steps shared with Customer;
• Any information disclosed in association with this Agreement;
• Any systems, sequences, processes, or trade secrets in connection with the Membership or Company’s business practices.

Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.

Non-Disparagement - Customer agrees, during and/or after use of Membership, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s Membership, business, services, programs, or reputation.

 

9) INTELLECTUAL PROPERTY & LIMITED LICENSE

Intellectual Property - This Membership and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and  within Company’s Memberships include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid Memberships (collectively referred to as “Intellectual Property”). 

Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Membership is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any Memberships or parts of the Membership without prior written consent or unless provided otherwise. 

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

• Teaching Customer’s Customers/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
• Copying any of Company’s Membership content and/or material for Customer’s commercial use;
• Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent. 

 

10) INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in this Membership, including but not limited to: a decision about Customer’s health, a decision about Customer’s fertility, a decision about contraception, a decision about avoiding pregnancy, a decision about conceiving, a decision about sexual intercourse, a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Customer’s personal decisions, or any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Membership. 

Access to this Membership is currently through a third-party platform, [Kajabi] Company is not liable for any limitation of access to the Membership caused by Kajabi.

 

11) MISCELLANEOUS

1.  Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
2.  Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
3.  Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
4.  All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 
5.  Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of New York.
6.  Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 
7.  Maximum Damages - Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Membership shall not exceed the total cost of the Membership.
8. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I have read and agree to the terms and conditions of this page as follows:” at the Membership checkout page and by rendering first payment.