WAIVER AND RELEASE FROM LIABILITY

Effective date: January 22, 2025

I desire to participate in educational programs, courses, consultations, workshops, and related activities offered by Katy Poole Wellness. In consideration of being allowed to participate in any of the Company’s programs, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree to the following:

I hereby waive, release, indemnify, hold harmless, and forever discharge Katy Poole Wellness, including its owners, agents, contractors, employees, officers, directors, affiliates, successors, and assigns, from any and all claims, demands, damages, losses, causes of action, liabilities, costs, or expenses of any kind or nature, whether known or unknown, in law or equity, arising out of or in any way related to my participation in the Company’s programs.

This waiver does not apply to acts of gross negligence, intentional misconduct, or willful wrongdoing by the Company.

For purposes of this Agreement, Katy Poole Wellness, and all related parties listed above, shall be collectively referred to as the “Company.”

This Waiver and Release constitutes the entire agreement regarding liability between the parties and supersedes any prior written or oral agreements relating to the subject matter herein. Any modification must be made in writing and agreed to by all parties.

This Waiver and Release shall remain in full force and effect even after completion or termination of participation in the Company’s programs.

I acknowledge that by checking the box on this page, I am voluntarily giving up substantial legal rights. I affirm that I am at least eighteen (18) years of age and mentally competent to enter into this Agreement.

Terms of Purchase

By clicking “Buy Now,” “Purchase,” “Complete My Purchase,” or any similar phrase, entering payment information, or otherwise enrolling electronically or verbally, you (“Client”) agree to be bound by the following Terms & Conditions and enter into a legally binding agreement with Katy Poole Wellness (“Company”).

Scope of Program

The Company’s programs include, but are not limited to, educational videos, downloadable PDFs, written resources, presentations, recordings, live group sessions, and/or one-on-one coaching.
All materials are provided for educational and informational purposes only and are for the Client’s personal use. Redistribution, resale, sharing, or commercial use is strictly prohibited.

MEDICAL DISCLAIMER

The Company does not provide medical diagnosis, treatment, or medical advice through its programs. Participation in the Program does not create a provider–patient relationship.

All information provided is intended for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Clients should always consult their physician or qualified healthcare provider regarding any medical condition, fertility treatment, or health-related decisions.

DURATION OF ACCESS

Access to program materials is granted for the duration specified at the time of purchase. The Company reserves the right to modify or discontinue access at any time.

PRIVACY & RECORDINGS CONSENT

By checking this box, you consent to the recording of live group sessions or coaching calls. Any recordings, whether intentional or incidental, may be used for educational, testimonial, marketing, or promotional purposes, including on social media platforms. If you have concerns regarding recordings, you must notify the Company in writing prior to participation

PAYMENT TERMS

Client agrees to pay the full purchase price for the program, regardless of payment plan selection. If a payment plan is selected, Client authorizes the Company to charge the payment method on file according to the agreed schedule.

Failure to complete payment may result in revoked access. Client agrees to pay all collection costs, including legal and attorney fees, incurred by the Company in enforcing payment obligations.

REFUND POLICY

Due to the digital and educational nature of the programs, all sales are final.
No refunds will be issued under any circumstances, including dissatisfaction, lack of results, or failure to complete the program.

RESULTS DISCLAIMER

Any testimonials, success stories, or examples shared are not guarantees of results. Individual outcomes vary based on numerous factors outside the Company’s control. The Company makes no representations or guarantees regarding fertility outcomes, pregnancy, health improvements, or any specific results.

INTELLECTUAL PROPERTY

All materials are the intellectual property of the Company or its licensors. Client is granted a limited, non-exclusive, non-transferable, single-user license for personal use only.

Client may not copy, share, sell, reproduce, distribute, or create derivative works from the Company’s materials without prior written consent.

DISCLAIMER OF WARRANTIES

All programs, content, and materials provided by Katy Poole Wellness are offered on an “as is” and “as available” basis, without any express or implied warranties. The Company makes no guarantees regarding the accuracy, completeness, or effectiveness of the information provided, nor that any specific fertility or health outcomes will be achieved. Participation in the Program does not constitute medical advice and does not create a provider–patient relationship. To the fullest extent permitted by law, the Company disclaims all liability arising from the use of or reliance on the Program materials

LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from participation in the program or reliance on its content. Participation is entirely at the Client’s own risk.

NON-DISPARAGEMENT

Client agrees not to make, publish, or communicate any false, misleading, or disparaging statements, whether written or oral, that could reasonably be expected to harm the reputation, business, services, or goodwill of Katy Poole Wellness. This obligation survives the termination or completion of the Program.

ASSIGNMENT

Client may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of the Company. Any attempted assignment in violation of this provision shall be null and void.

SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to best effectuate the original intent of the parties.

MODIFICATIONS AND AMENDMENTS

This Agreement may be modified or amended by the Company at any time in writing. Any such modification or amendment shall become effective upon posting or notification to the Client, and continued participation in the Program constitutes acceptance of the revised terms.

DISPUTE RESOLUTION

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Program shall first be attempted to be resolved in good faith between the parties. If the dispute cannot be resolved informally, it shall be settled by binding arbitration conducted by a single arbitrator in Tennessee, USA, and the parties waive any right to a jury trial. The prevailing party in any dispute shall be entitled to recover reasonable attorneys’ fees and costs, to the fullest extent permitted by law.

VENUE AND APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, USA, without regard to its conflict of law principles. The parties agree that any dispute arising under or related to this Agreement shall be resolved exclusively in Tennessee, USA, and each party consents to the personal jurisdiction and venue of such courts or arbitration forums.

ENTIRE AGREEMENT

This Agreement constitutes the complete and exclusive understanding between the parties regarding the subject matter herein and supersedes all prior written or oral agreements, representations, or understandings. Any modifications, representations, or agreements not expressly included in this Agreement shall have no force or effect.

ALL RIGHTS RESERVED

All rights not expressly granted to the Client under this Agreement are reserved by Katy Poole Wellness.. No part of the Program, content, or materials may be copied, reproduced, distributed, or used in any way without prior written consent from the Company.