Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by FERTILITY FRIDAY (which includes http://fertilityfriday.com/, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by [INSERT FORMAL COMPANY NAME– i.e. include Inc. or LLC], (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “[INSERT COMPANY TRADEMARKS]”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [INSERT LEGAL EMAIL ADDRESS]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, [INSERT COMPANY PRIVACY POLICY URL]. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

REGARDING YOUR PARTICIPATION IN FERTILITY FRIDAY PROGRAMS

Qualifications and Style of Practice

I am a certified Fertility Awareness Educator and Holistic Reproductive Health Practitioner (Justisse College). I have been teaching Fertility Awareness since 2004, and I have personally used the Fertility Awareness Method and charted my own cycles for over 16 years.

My passion, and purpose is working with women in the areas of women’s health, women’s reproductive health, fertility. I strive to honour women’s bodies through my work and help women reconnect with their bodies and their femininity. To that end I regularly seek educational opportunities that enable me to deepen my knowledge in these areas.

I will meet you where you are, with care and respect for your individual needs
without judgement or discrimination. I regard our process as a partnership, in which we reflect together on the purposeful meaning of your concerns and work toward your desired well-being and outcome. I will consign my knowledge and experience to the service of assisting you with your goals. Issues such as how often you see me, topics for discussion, and treatment goals will be tailored to your needs and may differ from other clients.

Consultation & Referral

If you describe symptoms that compromise your well being, and that cannot be addressed through our work together, or are outside of my scope of practice We may refer you for consultation with other mental or physical healthcare providers such as a physician, naturopath, psychologist, psychiatrist, massage therapist, hypnotherapist, etc.

Confidentiality & Records

The privacy of your personal information is an important part of your care. We recognize the importance of protecting your personal information and I am committed to collecting, using, and disclosing your personal information responsibly.

All verbal and written communications between us, in the context of our professional relationship, will be kept strictly confidential. We will not share information concerning you, including the fact that you see me as a healthcare provider, without your written consent, or that of your parent or legal guardian if you are a minor or dependent adult. We will not use information concerning you for purposes of research, teaching, public lecture, or publication without written consent, and without protecting your identity.

Circumstances under which We may be legally obliged to break the confidentiality of our work together, and which may require others to intervene.

1. If you convey information to me indicating that a minor child is subject to abuse, neglect, or other criminal acts. We are required legally to notify the proper authorities.
2. If you place another person at risk of bodily harm, We are required legally to notify the person in question as well as the proper authorities.
3. If you place yourself at risk of bodily harm, We are required legally to take preventive actions as well as notify the proper authorities.
4. If a court subpoenas my records or myself

Under the above circumstances We will ensure that only the required information is released, and that it is released only to authorized persons. We will fully inform you of the release and the reasons for it. Before releasing information, We will attempt to discuss the issues with you, and assist your taking responsibility for reporting yourself (when relevant) and/or for protecting yourself and/or others.

Circumstances under which the confidentially of our work together may be compromised.

1. A 3rd party (e.g. Insurance, Employee Assistance Plan) reimbursing you for fees paid for our work may require a diagnosis and periodic reports.
2. If you convey information to me indicating that a dependent adult or elder is subject to abuse, neglect, or other criminal acts.
3. If you experience a medical emergency, that requires me to share relevant information with your attending physician(s) or other healthcare providers.
4. To communicate with other treating health-care providers

Under these circumstances We will attempt to discuss the issues with you, and help provide you with details of anything I am required to reveal (if permitted) and request your written consent to break confidentiality.

Email Consent

Due to the nature of email communication, there are inherent risks concerning privacy. If you choose to use email communication, you acknowledge the following:

Emails concerning treatment recommendations or suspected diagnoses will be made part of my client records. Certain types of advice and/or support cannot be given over email (medical advice, diagnosis, etc.). Email communication is primarily an opportunity to clarify previous discussed strategies and recommendations, as well as ask questions & receive support between appointments.

By signing the agreement section of this Client Disclosure Form, you have agreed that you have given your informed consent for the collection, use and/or disclosure of your personal information as outlined above.

You have read and understand how my personal information will be used, and the steps being taken to protect my information. You are giving your informed consent to the collection, use, and/or disclosure of your personal information as detailed above.

Cancellation & Refund Policy

If you decide to withdraw from the program within the first 7 days of enrollment, you will receive a refund on the balance of the program (less the prorated amount for the sessions you have attended and the supplies and course materials you have received). There is no refund available on program packages after 7 days. There is no refund available on individual sessions booked outside of a program package.

If you are trying to conceive and become pregnant before our program is complete, congratulations! Please note that there are no refunds on any unused classes or sessions in this situation. If you become pregnant mid program you may wish to save any unused consultations for charting support postpartum.

Missed Appointments

Appointments will take place primarily over Zoom unless otherwise stated. The frequency of appointments is determined by individual need. Sessions range from 60 minutes to 90 minutes in length, and begin promptly at the scheduled time. If you are running late, please notify me in advance. If you need to cancel or reschedule an appointment, I require 24 hours notice except in the case of emergency. If you do not provide me with 24 hours notice of a missed appointment, you will be responsible for the cost of the appointment, and our missed appointment will be counted against the total number of appointments in your package.

You are entitled to a specified number of private consultations during the program you’ve signed up for. You must schedule your private consultation during the specified time frame outlined in the program. If you fail to schedule all sessions within the specified time frame they will expire. You will not be reimbursed for any unused sessions.

Statement Of Responsibility

You acknowledge and agree that Lisa Hendrickson-Jack of Fertility Friday has not represented to you in any way that contracting for her services guarantees that you will not experience an unplanned pregnancy, or that you will experience a planned or desired pregnancy. Accessing services through Fertility Friday does not guarantee that you are healthy or free from any health care risk, that you will or will not be protected in any manner against AIDS or any other sexually transmitted infections, or that you will not suffer injury if you follow the judgment and advice of Lisa Hendrickson-Jack of Fertility Friday during your work together. You further acknowledge Lisa Hendrickson-Jack is not a Doctor, a Naturopath, or a Nutritionist.

You clearly acknowledge and agree that you personally assume all risk and/or legal liability related to your use or implementation of this information. You clearly acknowledge and agree that the accuracy, completeness, usefulness of the fertility awareness method and the application of and reliance on the information you learn throughout any of the Fertility Friday Programs is at your own risk.

Payment Options

Your first payment is due upon signing up for the program, prior to our first meeting. If you are paying in installments a payment plan will be established and each subsequent payment will be deducted in 30 day intervals via PayPal or Stripe.

Statement of Informed Consent

1, I understand that Lisa Hendrickson-Jack is not a Medical Doctor/Naturopath and/or Nutritionist.
2. I understand that any advice and/or recommendations given to me are not mutually exclusive from any other treatment and/or advice from another health care practitioner, now or in the future.
3 I understand that I am at liberty to seek or continue care with any other medical provider that I choose at any point both during and after our work together.
4. I understand that I am free to accept or reject any treatment advice and/or suggestions recommended to me for the duration of this program.
5. I understand that I am encouraged to work jointly and collaboratively with other health professionals as needed at any point during this program.
6. I understand that I am fully responsible for any and all possible risks, injury and complications that may arise from any and all treatments recommended to me for the duration of this program.
7. I understand that participating in Fertility Friday programs in no way guarantees that I will not experience an unplanned pregnancy.
8. I understand that participating in Fertility Friday programs in no way guarantees that I will experience a planned or desired pregnancy.
9. I understand that the services offered by Lisa Hendrickson-Jack are not covered by medical insurance or health insurance providers, and that fees are due prior to our first consultation together, and any subsequent consultations I purchase outside of our initial package/agreement.
10. I understand that 24 hours notice is required for appointment changes or cancellation, and if I miss an appointment without notice I am responsible for the appointment fee. In other words, I understand that if I do not provide 24 hours notice and miss an appointment, my missed appointment will be counted against the total number of appointments in my package.

Agreement

I have read this document and understand its terms. I consent to these practices and policies. I understand that any questions or concerns I have regarding this document or any aspect of this agreement should be directed to: [email protected]

I agree not to distribute the program materials, including giving access to client areas of the website, to anyone else.

I agree to participate fully, and I will ask questions to clarify anything I don’t understand. I am committed to doing everything I need to do to get the results that I want from this program.

Last Updated: December 11, 2017

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