Terms and Conditions - Magic Makers Collective

TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Jenny Fenig Worldwide, LLC (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein.

MEMBERSHIP/SERVICE

Jenny Fenig Worldwide, LLC (herein referred to as “Jenny Fenig Worldwide, LLC” or “Company”) agrees to provide Membership, “Magic Makers Collective™️” (herein referred to as “Membership”) identified in online commerce shopping cart. As a condition of participating in the Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Membership, the Company shall provide the following to Client:

A Password Protected Membership Site Area: The Company shall maintain a Membership Area that will include video and audio lessons, templates, worksheets, checklists and other training and support information. You shall have access to this Membership Area for as long as the Membership Area exists. In the event that Company intends to close the Membership Area, it shall provide clients with a 30 day notice and the ability to download the resources contained in the Membership Area, which is what is referred to as “Lifetime Access” in our marketing materials.

Membership Participant Facebook Group: The Company shall create and maintain a closed Facebook group for clients of the Membership. This is a community run group, meaning that clients are encouraged to help each other. The Company employs a Community Team, who is charged with overseeing the group and ensuring that it runs smoothly.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership.

Client understands Jenny Fenig (herein referred to as “Consultant”) and Jenny Fenig Worldwide, LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Membership. If the Parties wish to continue their relationship, they shall execute a separate agreement.

FEES

In consideration of Your access to the Membership, you agree to pay the following fees.

You may choose between an annual payment of $999 (due immediately) or monthly payments of $111 (minimum commitment = 3 months).

Once you purchase the Membership, the initial price You purchased at will remain the same even if the price increases after your initial purchase, unless You purchase during a promotional period. However, if You cancel Your subscription at any time and re-subscribe at a later date, Your new subscription will be purchased at the most current rate. In other words, Your initial purchase price will be grandmothered in as long as You do not cancel your subscription after Your initial purchase.

If You have signed up for a month-to-month subscription, the subscription renews automatically each month on the same day You originally signed up on and Your debit/credit card will be charged the fee stated at the time of purchase.

If You opt for monthly payments, you will remain responsible for those payments unless you are granted a cancellation according to the Membership’s Cancellation Policy set forth below. In the event that any payment is not made, the Company shall immediately suspend Your access to the Membership.

If You have signed up for an annual Membership subscription, the subscription renews automatically at the end of twelve (12) months and Your debit/credit card will be charged the fee stated at the time of purchase. Your subscription will start as soon as Your debit/credit card is successfully charged.

METHODS OF PAYMENT

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your Membership access will be removed.

You understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

CANCELLATION POLICY

We do not allow for refunds for monthly or yearly subscriptions.

If you would like to cancel a monthly subscription after your 3-month minimum has been fulfilled, please note that in order to not get billed for next month you must cancel 7 days before your next bill date. Once cancelled, you will no longer be charged going forward. Payments for the next billing cycle will not be refunded, so please make sure to cancel 7 days prior to your upcoming billing date.

Why do we require a 3-month minimum for monthly members? Because we know the power of committing to a practice for a season. Plus, it helps to create a strong community without the revolving door feel many other memberships have.

If you would like to cancel an annual subscription, you may do so at any time. Please note, however, that you need to cancel at least 7 days prior to your renewal date to prevent the next year’s subscription from being processed and billed.

Upon cancellation of your subscription (whether month-to-month or annual), you will no longer have access to the members-only portal and will be removed from the Facebook Group prior to the last business day of the month in which your membership is active. All assets in the members-only portal are downloadable during the length of your subscription.

If you have any questions, problems or would like to submit your cancellation request, please let us know by contacting our support team directly. The support desk can be reached at: support@jennyfenig.com.

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Membership, you hereby agree to respect the privacy of other Membership participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Membership participants outside of the bounds of the Membership unless you receive express written permission from such other participant to share the information. Similarly, the content of the Membership contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, its owners and employees, and other Membership participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Membership, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Membership, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Membership are the trademarks of their respective owners.

Your participation in the Membership does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Membership, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Membership.

The Company content is not for resale. Your participation in the Membership does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Membership will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Membership, which provides education and information. The information contained in the Membership, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Membership and/or any information and resources contained in the Membership. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Membership.

The information, software, products, and service included or available through the Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Membership. The Company and/or its suppliers may make improvements and/or changes in the Membership at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Membership for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Membership, with the delay or inability to use the Membership or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Membership, or otherwise arising out of the use of the Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Membership.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Jenny Fenig Worldwide, LLC’s website and purchasers shall be notified.

TERMINATION

The Company is committed to providing all Membership participants with a positive and productive experience. You agree that the Company, at its sole discretion, may limit, suspend, or terminate your right to participate in the Membership without refund of payment if you become disruptive or difficult to work with, fail to follow Membership guidelines, if your behavior impairs the ability of instructors or fellow participants to participate in the Membership, or if You otherwise violate this Agreement.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Membership and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Membership. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Great Barrington, Mass.

This Agreement shall be construed in accordance with and governed by the laws of the State of Massachusetts and any action brought under this contract will be filed in the County of Berkshire. By entering into this contract, both parties agree to submit to the jurisdiction of the State of Massachusetts with regard to any action that arises out of this contract.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent this Membership and its potential. Every Client’s success depends on many factors, including Client’s background, dedication, desire, motivation, and the nature of the business in which Client is engaged. You represent to the Company that payment of your fee will not place a significant financial burden on You or your family and that any decisions or actions You take in response to advice or information acquired in the Membership, and their consequences, are your sole responsibility.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the Membership, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

If you require further clarification, please contact support@jennyfenig.com.

Last Updated: December 3, 2020