MEGHAN MARCH LLC
For good and valuable consideration, the sufficiency of which is hereby acknowledged by all parties, Client is electing to purchase a monthly subscription to Company’s Circle Community (hereinafter “Membership Site”). In exchange, Company agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto.
Membership Site Outline
- Client agrees and understands that he/she is purchasing a monthly subscription to the Membership Site, a community platform built by Meghan March LLC to allow Meggan Wilson to provide coaching services, content, and exclusive content to its community and fans.
- Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Membership Site as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.
- Membership Site is not to be considered a substitute for professional advice, counseling, or any other health or medical-based treatment. If you as the Client believe you may be in need of professional advice, counseling, or any other personalized service, Membership Site is not right for you.
- Company also reserves the right to increase or decrease the price of Membership Site for future launches, and/or edit the deliverables, and that the price for current members may increase in the future, in the sole and absolute discretion of Company.
- Company may request Client provide a testimonial to be published on Company’s website, or on various sales materials for this or another Program created by Company. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Company and Client if Client refuses testimonial.
- If Client accepts and provides Company with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Company’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Company’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.
- Client gives Company an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by Company in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for Membership Site.
Payment and Payment Plans
- Client understands the cost of the Membership Site is tiered based upon Client’s desired access and level of support – monthly or yearly. Whichever level selected by Client, Client confirms this amount is payable each month, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Company’s website or a designated third party payment processor of Company’s choosing, in full. If Client has joined Membership Site during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, Client will be charged the regular full retail cost.
- Should Client wish to alter his/her “tier” membership selection, Client may do so following the same process as outlined below regarding cancelation, but noting “tier change” instead, and a member of Company’s customer service team will assist Client within a reasonable amount of time.
- Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands his/her membership will be paused, and access will be locked, until Client brings his/her account current and pays all outstanding fees.
- Company reserves the right to cancel Client’s access to Membership Site completely should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Company for access to Membership Site. If Client wishes to rejoin following termination by Company due to lack of payment, Client may do so at the current going rate for Membership Site, and will lose any previously honored lower pricing.
- CANCELATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
- HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to firstname.lastname@example.org with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Company’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.
- As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to Membership Site for the month in which Client paid, with membership terminating at the end of the last paid month.
- IF Client purchased access to Membership Site during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.
- By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
- BILLING ADDRESS: Client agrees to keep its billing address updated within Client’s Membership account, and understands Company will use this address to determine Client’s state of residence and applicable laws that may apply to Client based upon his/her/their state of residence. Any failure by Client to keep such address updated may impact Company’s ability to provide Client with accurate billing updates and notices. Client understands this, and to the fullest extent permitted by law, acknowledges that it will be Client’s responsibility to notify Company of any changes to his/her/their billing address, and represents that the billing address listed within Membership shall be the most updated and accurate address for Client, and the state of residency for Client. To the extent Client’s physical residency is different from his/her/their billing address, Client confirms he/she/they will notify Company of same, to ensure Company always has Client’s most current address.
- Company is not able to offer refunds once Client has purchased access to the Membership Site for any reason, including inability to obtain access to the site. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.
- Client further agrees and understands that changing his/her mind about the Membership Site, failing to follow through or understand the details of the Membership Site, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
- Membership Site will be hosted and white-labeled on third-party platform and hosting site, Circle Communities. By joining Membership Site, Client confirms he/she is also in agreement with all Circle policies as outlined herein, and as may be viewable on the platform and within membership site. Any updates to Circle policies or Terms must be reviewed by Client in a timely manner, and continued use of Membership Site will confirm agreement to all Circle and Company terms, in their most updated forms. If Client has any issues with Circle policies or terms, he/she must take up the issue with Circle directly, and will not hold Company responsible.
- Company is not responsible for any specific technology Client may need in order to adequately view and utilize Membership Site. Client’s inability to access Membership Site due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).
Medical Disclaimer – Not Medical or Professional Advice
- Membership Site and content contained within the Membership Site is not to be considered therapy or counseling, medical treatment or advice, and nothing within the Membership Site is intended to provide or act as a substitute for mental health treatment.
- Client understands and agrees that Membership Site offers instructional services in the field of living a healthy lifestyle only. There are no therapy, treatment, or medical-based elements to Membership Site, and it is not meant for those who are in need of (or think they may be in need of) medical services. Company is not attempting nor suggesting Client enroll in Membership Site in place of a personalized consultation with a medical professional in your geographical area.
- Company encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Membership Site will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the Coaching Membership Site offered is right for them. Nothing contained within Membership Site is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
- Client understands and agrees that he/she is voluntarily choosing to enroll in Membership Site and is solely responsible for any outcomes or results. While Company believes in her services and that Membership Site is able to help many people, Client acknowledges and agrees that Meghan March LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Membership Site and any results therein.
Disclaimer /No Guarantees
- While many of Company’s past and current clients have experienced wonderful benefits from the content contained in Membership Site, Company cannot guarantee results from any of the content on Membership Site, and cannot make any representations or guarantees regarding individual results. Client will hold Meghan March LLC harmless if he or she does not experience the desired results.
- Client understands that all services provided by Meghan March LLC in connection with the Membership Site being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Membership Site and work with Company on a purely voluntary basis and does not hold Company or Membership Site responsible should Client become dissatisfied with any portion of the Membership Site.
- Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Membership Site, as long as Company delivers the Membership Site as described in the Addendum below.
- Client also understands Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Meghan March LLC harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Membership Site. The content provided by Company on his/her website and within the Membership Site is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Membership Site, and has no expectation of a specific result that he or she holds Company responsible for.
- Client agrees and understands that Company has created numerous original, creative works in connection with the Membership Site, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership Site, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Membership Site.
- Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Membership Site without refund, as well as access to any Membership Site or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Membership Site, she/he is gaining access to view all content and information available as part of the Membership Site. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to use the information provided as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Membership Site without written permission by Company;
- Post, distribute, copy, steal or otherwise use any portion of the Membership Site or its content, or information obtained via other members in the group Membership Site without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Claim any content created by Company as part of the Membership Site or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Company was Client’s work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
- Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Membership Site, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Membership Site. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
- Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)
- If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in WA within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
- This Agreement shall be governed by and under control of the laws of WA regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of WA are to be applicable here.
- This agreement may be altered, amended, changed, extended, or updated depending on current laws, structure of Membership Site, or Company’s business. Client’s continued use of the Membership Site constitutes an agreement to the most updated version of this Agreement.
MEMBERSHIP SITE OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to Membership Site. While the below is subject to change, at the time of purchase, Membership Site includes access to the following:
- Meghan March Superfans group and all of its included spaces, as listed below:
- Welcome Superfan, Discussion, Newsletters
- Behind the Scenes, Video Releases, Fan Favorites
- Real Romance, Reader of the Month, More Meghan March, It’s Your Turn