EMPRESS EXPERIENCE™ 1:1 COACHING PROGRAM TERMS OF USE

BY PURCHASING, YOU AGREE TO THE FOLLOWING TERMS:

This COACHING AGREEMENT (“Agreement”) is made as of the date of purchase (“Effective Date”), by and between You (“Client”) and Lisa Fabrega International, LLC (“Company”, and collectively, the “Parties”), for the purposes of creating and experiencing more of what is good, true and beautiful in the world. 

WHEREAS, Company provides coaching and support to help Client achieve her life goals (“Services”); and

WHEREAS, Client wishes to retain Company on the terms and conditions set forth herein to provide such Services.

NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:

1. Program.

Company agrees to provide its Services in the EMPRESS EXPERIENCE 1:1 Coaching program (“Program”).

STRUCTURE:   

  • Up to 2 hours a month of coaching where Client can bring anything they need help with to the table and get coaching & support from Company.

  • Coaching calls normally arranged every 2 weeks, but can be arranged in different configurations where it’s needed and whenever Company’s schedule is able to accommodate it). Up to 20 hours are provided within this agreement.

    • Please note it is up to the client to schedule these sessions and respond in a timely manner.  Company will not chase client to schedule the sessions. 
    • If sessions are not scheduled by the middle of the month and there is no more room in Lisa’s schedule, only one session can be rolled over, once throughout the entire duration of the program.  After that, any sessions that are not scheduled in a timely manner, as indicated above will be forfeited. Rollover session must take place within one month after program end, if not, it is forfeited.
    • Sessions expire at the end of every month, sessions that are missed cannot be rolled over to the next month.
    • Sessions for which the client shows up more than 10 minutes late without 24 hours notice of said lateness to Lisa or Client Care team at support@lisafabrega.com are automatically canceled and forfeited.
    • Any homework assignments or links Client wants Company to review prior to the session should be placed in a Google Doc and a link to the Google Doc should be shared in the Accountability form provided prior to each session with Lisa. Alternatively, client can email support@lisafabrega.com with documents to make sure Lisa gets them before sessions.  Accountability form and any documents for review by Lisa prior to session must be provided to Lisa no less than 2 business days prior to Client’s session with Lisa.  Business days are Monday-Friday.  Forms submitted after 6pm pacific on Fridays will not be counted for Monday appointments. 
    • All sessions require 24 hours notice to cancel and reschedule.  Any sessions not canceled with at least 24 hours notice are considered canceled late and therefore are forfeited.
  • Text Access to Company, Monday thru Friday, 12pm-6pm Pacific Time (Company is under no obligation to respond to client immediately. ) Client may use text via iMessage, WhatsApp or Voxer.  
    • Texts are a bonus of the program and Company is under no obligation to respond to all texts nor to respond to them within a specific time frame.  
    • On occasion certain questions from Client may not be suitable for text and may require more in-depth exploration, in which case Company will inform Client to bring that question to their next call.  Texting is not to be used for extensive coaching.  
    • Client should not rely on texting as main form of communication with Company--phone sessions are to be used as main form of communication.    Text access is there for extra bits of support and love when needed.

BONUSES:

  • Access to Capacity Shift Program for the duration of Client’s time working with Company.

In order for this arrangement to work, Client & Company will adhere to the below “value statements” and “core agreements”:

  • Company will not chase Client to schedule appointments or reach out for support—Client is responsible for scheduling sessions in a timely manner before Company’s schedule fills up.  
  • This is an equal effort coaching relationship, where Client takes full responsibility for asking for what he/she needs and reaches out when help/support is needed to schedule appointments or text Company/Lisa.  Company/Lisa is not responsible if Client does not reach out for support when he/she needs it.
  • Client will give Lisa/Company no less than 1 week’s notice when scheduling an appointment.

  • Company does not anticipate that Client will need more than 2 hours of coaching total per month.  If Client consistently needs more than 2 hours a month and/or more than 30 minutes a week in voice messaging or texting, a conversation will be scheduled to discuss and re-visit the coaching arrangement to include more hours if possible (and this will change the investment level too).

  • If Client is on a monthly payment arrangement, Client understands this is not a “pay to play” arrangement. The investment in the program is in full and payments are simply there to help the client break up the investment into 10 payments, not to “pay for that month’s sessions.” Client understands that when Client signs up to work with Company, they are holding a spot for 10 months in the Company and others are being turned away for said spot. In addition resources and administrative support are being pre-paid and allocated for Client for the entire 10 months of their arrangement with Company. Therefore, whether or not Client chooses to receive a full two hours of coaching in any given month or complete all their sessions, they are still required to make all of their payments.

  • What makes the work that Company/Lisa does so effective is that trust is a core value of the process.  Client understands how important it is to be “coachable” and to trust and surrender to the process of Empress Experience and the pace set in the program.  Client agrees to consider suggestions and try before dismissing them entirely or pushing back. Client agrees to show up prepared for sessions and ready to get to work. Client understands it is important to respect and trust in the process in order for the coaching relationship to work best and to be nourishing and enriching for both Client and Lisa/Company.

  • Client understands that the Company has policies in effect as part of the work-flow and overall health of its employees and contractors (including but not limited to: not working on weekends, not working set hours, needing up to 48 hours to respond to messages) and those policies shall be honored by Client.  Client will allow at least 48 hours for a response from Company customer service support when sending an email or inquiry to support inbox. Company is under no obligation to respond within any set time frame to inquiries.

  • Client understands that payments are to be treated as seriously as a mortgage. There are no refunds or cancellations as once Client has taken up a spot others have been turned away.

By purchasing and signing up for this program, you, the Client, understand the above and agree to the above core agreements. 

2. Term.

This Agreement shall begin as of the Effective Date and shall last for a minimum of 10 months ("Term"). This Agreement shall automatically renew at the end of the Term for another 10 months unless and until renewal is terminated by either party with 30 days written notice.  Once terminated, any unused sessions shall expire and be forfeited.

3. Termination.

This Agreement shall continue and be automatically renewed at the end of the Term unless Client provides Company with written notice at least 30 days prior to the end of the Term.  Company has the right to terminate this Agreement immediately upon written notice to Client for misconduct or egregious behavior without refund.

4. Investment & Late Fees

The investment in the Program is $25,000 USD (“Investment”), if paid in full. Company offers the following installments to help with financial assistance:

  • 10 installments of $2,600 USD

Should Client choose to pay in installments, you agree that you are responsible for the full amount of the Program.  These installments are not for monthly support but provide you financial assistance to join the Program.

In the event that Client’s payment is declined or missed, a late fee of $50 will be applied immediately. An additional $50 late fee will be charged for every 2 days a payment is late.  Client is responsible for updating credit cards that expire ahead of time by notifying the Client Care team with at least a week’s notice and Client is responsible for calling the bank to make sure charges are approved on time every month. Only one $50 late fee can be waived once as a courtesy to Client.  

Company reserves the right to cancel and / or reschedule any calls during the time in which the Client is delinquent on payment.

5. Refund.

In the event Client must withdraw from the Program for any reason whatsoever, Client remains fully responsible for the unpaid balance of the Investment.  By claiming a spot in the Program, Client has taken up a spot for at least 10 months in the Company’s business and has made it unavailable for another for the duration of that 10 months. This means others are being turned away for this spot.  By signing this Agreement, Client acknowledges that she/he is bound to pay the Investment in full, whether or not she/he withdraws from the program.   There are no refunds given under any circumstances.  Whether Client chooses to complete the program or not, Client understands she/he/they must pay the full remainder of the balance due. Client understands Company can terminate the contract at any point for misconduct or egregious behavior and they will still be responsible for the full balance and no refunds or partial refunds will be given.  

6. Disclaimer.

Client understands that Lisa Fabrega, Lisa Fabrega International, LLC, and the individuals teaching, leading, or otherwise participating in the Program are not licensed therapists, or other licensed professionals and are not means to replace the care and advice of licensed therapists, doctors, or other licensed professionals.  

7. Client Responsibility; No Guarantees.      

Client accepts and agrees that Client is 100% responsible for her progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only.  Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement. Client acknowledges that Company cannot guarantee any results for publicity as such outcomes are based on subjective factors that cannot be controlled by Company.  Client acknowledges the risks of participating in this Program and releases Company and its owners, officers, employees, and subsidiaries from all claims, demands, losses, causes of action, suits, or judgments of any and every kind that Client may have arising out of, or in connection with, Client’s participation in this Program.

8. Confidentiality.     

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either Party during discussions, Coaching sessions, or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, information shared on coaching calls and shall not include information rightfully obtained from a third party.  Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.  The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.  Both Parties agree that any and all Confidential Information learned as of the Effective Date and shall survive the termination, revocation, or expiration of this Agreement.

9. Compelled Disclosure of Confidential Information.

Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.

10. Non-Disparagement.  

Client shall not make any false, disparaging, or derogatory statements in public or private regarding Company, its employees, or agents.  Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

11. Dispute Resolution.   

If a dispute arises between the Parties, the Parties shall attempt to resolve the dispute through a good-faith negotiation or mediation. If a resolution is unavailable, the dispute will be submitted to the American Arbitration Association.  The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Tampa, Florida.  The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period.  The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.  

12. Governing Law.   

This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, regardless of the conflict of laws principles thereof.

13. Entire Agreement; Amendment; Headings.  

This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.  No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.  The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

14. Counterparts.  

This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.

15. Severability. 

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

16. Waiver.  

The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

17. Assignment.   

This Agreement may not be assigned by either Party without express written consent of the other Party.

18. Force Majeure.   

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. 

If for some reason a pandemic or government travel restriction prevents us from moving forward on the date of any live events/retreats, we will work together to find another suitable date and time to meet or the in person component can be turned virtual as well. No refunds will be given if in person components need to be rescheduled or turned virtual.

 

CONSENT & RELEASE AGREEMENT

This Consent and Release Agreement (“Agreement”), is made by and between Lisa Fabrega International, LLC. (“Company”) and “You” (“Participant”) and is effective upon purchase.

  1. TERMS. Participant irrevocably and absolutely consents, grants and conveys to Company the right to photograph, video and record Participant’s name, voice, appearance, likeness, and/ or written testimony along with any material furnished by Participant, in whole or in part, in any program provided by Company. The right to publish, exhibit and distribute the use of Participant’s name, voice, appearance, testimonial and/or likeness along with any material furnished by Company, in whole or in part, worldwide, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, radio, television and promotional materials, events and/or marketing plans.

    Participant agrees that it has no rights to the publication, photographs, reproductions, negatives, videos or films, and all rights to such materials belong to Company.

  2. PAYMENT. For valuable consideration, the adequacy of which is acknowledged by Participant, for Company interviewing Participant, and knowing Company will expend substantial expenses and time in reliance upon this Agreement, Participant waives his/her right to receive compensation for his/her story unless a separate written document is executed.

  3. INDEMNIFICATION. Participant hereby releases, discharges and agrees to save harmless Company and its employees or agents, affiliates, legal representatives or assigns and all persons acting under its permission or upon its authority or for whom it is acting, from any liability by virtue of any publication of Participant’s likeness or testimonial, including, without limitation, claims for libel or invasion of privacy, as well as any liability arising by virtue of any story, whether intentional or otherwise, that may occur or be produced in the making of such publication or recording(s) or in any processing tending towards the completion of the finished product.

  4. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association.  The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Florida. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period.  The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

  5. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida regardless of the conflict of laws principles thereof.

  6. ENTIRE AGREEMENT; AMENDMENT; HEADINGS. This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.  No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.  The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

  7. COUNTERPARTS. This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.

  8. SEVERABILITY. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

  9. WAIVER.  The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

  10. By making this payment, Participant hereby grants and conveys to Company all right, title, and interest in and to record Participant’s name, image, voice, statements and/or story including any and all photographic images and video or audio recordings made by Company.  Participant further states that she has read the above authorization and release prior to its execution, and that she is fully familiar with the contents thereof.  If Participant is under the age of 18, Participant’s parent or legal guardian grants and conveys such interest on behalf of Participant.

IF THE CLIENT IS MEETING WITH THE COMPANY IN PERSON,
THE FOLLOWING RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT (“Agreement”) WILL BE IN EFFECT

  1. In consideration of being allowed to participate in any way in the Company’s workshop, related events and activities (“Activity”), I, the undersigned, acknowledge, appreciate, and agree that: 
  2. Certain activities including, but not limited to; traveling to and from the airport and hotel, traveling on a national flight to any of the retreat locations and back as well as adventures at the retreat locations have risks of injury, including serious injury.  I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such activity.  I further agree and warrant that if, at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity.
  3. I will notify Company’s employees, staff, or volunteers if I suffer from any medical or health condition that may cause injury to myself, others, or may require emergency care during my participation.
  4. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS and dangers, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for my participation. I acknowledge that these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, of the negligence of Company.  I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a resultof my participation in the Activity.
  5. If I get COVID-19 while on the way to, at or returning from a retreat or live event with Company, I do not and will not hold Company liable for contracting COVID-19 or any losses as a result of contracting COVID-19.
  6. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Company, its sponsors, employees, staff, volunteers, other participants, owners and lessees of the premises on which the Activity is conducted (“Releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; and I further agree that if, despite this Agreement, I, or anyone on my behalf makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
  7. I hereby grant and convey to Company all right, title, and interest in and to record my name, image, voice, or statements including any and all photographic images and video or audio recordings made by Company.

I ACKNOWLEDGE THAT I AM 18 YEARS OR OLDER, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

Last Modified: March 2021