Terms of Use for Wait For Enterprises, LLC

[DBA  Ashley Higbee and/or Mama Bear Collective ]

Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.

 Terms of Use:

Our Programs, Products, and Services are owned and operated by Wait For It Enterprises, LLC (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.

These Terms of Use (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time. 

By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. 

If at any time you do not agree with these Terms of Use, please do not use our Programs, Products, and Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services, and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so. 

PAYMENT: 

Payment is collected for our Programs, Products, Services, and Program Materials initially in full or monthly via your payment plan and is collected every month from your initial sign up date until the full completion of payment is paid. You are responsible for keeping your billing information current and up to date. 

In the event that payment is not received by the date due, the Program, Product or Services will not continue and we reserve the right to cease your access to the member portal immediately, and permanently which may affect your ability to access other purchased content . "Lifetime access " is voided when you have a delinquent balance with us. As well as further actions necessary to collect agreed upon payment

No program, product, service, or program materials may not be transferred or sold. All programs, products,  services, all program materials and content are the property of Ashley Higbee dba Wait For It Enterprises, LLC. Any redistribution, sale or otherwise is strictly prohibited without express written consent from Ashley Higbee dba Wait For It Enterprises, LLC

If paying by credit card, or debit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

Memberships:

Payment for Memberships is collected initially in full [annually] or monthly via your subscription every month from the initial sign up date. You are responsible for keeping your billing information current and up to date. Access will be denied and services stopped in the event that payment has not been collected.  

Cancellation:

If you've joined one of our lifetime memberships and need a break, you have options!

1. You can PAUSE your membership:

To do this, email us: [email protected] and we'll help you set that up. We do allow a 2 month/60day only membership pause that honors the price you are paying currently. After 60 days the membership will be cancelled if it’s not resumed. If you’d like to pause it, just let us know on what date and we’ll take care of that for you.

You will not be billed during your "paused" membership, and can pick right back up where you left off.

 2. If you want to cancel.

We'll be super sad to see you go 🥺 but here's how to cancel:

To cancel your membership follow these steps before the next billing cycle:

• Log into your Kajabi account
• Click on your avatar in the top right hand corner in the page header
• Select settings from the drop down
• Click billing info in the top right hand corner of the page
• Find your subscription and toggle on “cancel subscription”

 Refund Policy:

All sales are final. Your satisfaction with our program, product or service is important to us. However, there are no refunds of any sort, due to the substantial time, preparation, care and effort that goes into creating and/or providing each and every one of our programs, products, services and program materials. Therefore, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products or Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our programs, products, services or program materials you understand and agree that all sales are final and no refunds will be provided. 

Since we have a clear and explicit refund policy in this terms of use that you have agreed to prior to completing the purchase of any of our programs, products, or services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the even that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit card report score. The information reported will include your name, email address, order date, order amount, and billing address. Any hardback action will terminate your access to the course regardless of the outcome and will also result in loss of use of the member portal for accessing any other content meaning lifetime access is revoked. 

Right to Use Participant Contributions & Model Release

Through Participant’s participation in any of our programs, products, and services and all program materials, Participant may post materials, comments, or replies to comments (“Participant Contributions”) on group forums, materials, or via email to Company. Participant grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Participant Contributions. 

This Agreement serves as a model release giving Company the irrevocable right to use the photographs and video taken by Company on Group Calls in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Company can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Company. Participant waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Participant, their legal representatives, heirs, and assigns. 

Communication

Company is generally available to provide services during normal business hours: Monday – Friday 9am – 5pm MST, excluding holidays. Company WILL ONLY answer communication through the Program(s) within the group forum platform or private Facebook group. Company will respond to Participant’s questions on the platform within [3 days] during business hours. Company WILL NOT answer any direct messages on social media from Participant. 

Confidentiality & Intellectual Property

Our programs, products, and services and all program materials, contains information that is the intellectual property belonging to Company and to third- parties that license some intellectual property to Company. Company provides Participant with a non- exclusive, non-transferrable single-user license authorizing Participant to use the materials for their individual purposes only. Participant may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Company. 

Participant shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the Company’s coaching materials, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its course and coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Participant further agrees to not disclose to any third party any details regarding the business of any other participant in our programs, products, and services and all program materials. Participant agrees that our programs group support channels via Slack or the Private Facebook Group is a safe space for all participants to share personal struggles, strengths and weaknesses, wins and failures, weight, internal and external habits, etc. and Participant agrees to keep all things learned from other participants strictly confidential within our private support channels. 

DISCLAIMER

The coach is not a physical therapist, medical professional, chiropractor, nutritionist, dietician, naturopath, psychiatrist, psychologist, or other agent of Client. 

Company does not make any guarantees as to the results, including weight loss, pain relief, habit changes or other transformations, of any service provided throughout our programs, products, and services and all program materials. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Participant agrees to take responsibility for Participant’s own results.

Participant acknowledges that, as with any business endeavor and investment, there is an inherent risk associated. Participant agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of our programs, products, and services and all program materials. Participant agrees to indemnify and hold Company harmless for any claims that may arise related to participation from any of our programs, products, and services and all program materials.

You agree that your participation/engagement in any physical exercise or activity, including but not necessarily limited to personal training, movement flows, mindset training, habit changes and or programs offered by Ashley Higbee d/b/a Wait For It Enterprises, LLC is offered and accepted by you via online and that such exercise(s) will be performed at your venue of choice (home, gym or otherwise) and as such you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise, warmup, cool down or otherwise.

This includes injury or damage sustained while and/or resulting from performing exercises and or any exercise related moves/movements demonstrated, watched or otherwise made available by or through Wait For It Enterprises, LLC including the use of any equipment, whether provided to you, bought or owned by you or made available to you otherwise. 

Any and all injuries or damages arising out of the negligence of Ashley Higbee, d/b/a Wait For It Enterprises, LLC whether active or passive, or any of Ashley Higbee d/b/a Wait For It Enterprises, LLC affiliates, associates, independent contractors, employees, agents, representatives, successors, and assigns. 

Your reading this is your acceptance of your assumption of risk which includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), instructional videos, written, audio or verbal instruction or any exercise program, session or group participation including but not limited to weightlifting, walking, jogging, running, aerobic activities, functional movement, yoga, stretches, mobility flows, blast workouts, stress relieving techniques, mindset techniques, habit formation/system/phases, nutrition, sleep techniques, or any other sporting or recreational endeavor. 

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result whether arising out of the negligence of Ashley Higbee d/b/a Wait For It Enterprises, LLC or otherwise. If you are engaged in online training, you acknowledge that you are not being monitored live by any trainer and that there is no liability to or on the trainer, the program or Ashley Higbee, d/b/a Wait For It Enterprises, LLC if there is an injury sustained.

Technology Disclaimer

We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, Slack, e-mail communications, videos, audio recordings, zoom calls, recorded zoom calls,webinars, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

Release & Reasonable Expectations

Participant has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout our programs, products, and services and all program materials will produce different outcomes and results for each Participant. Participant understands and agrees that:

Every Participant and final result is different. 

Weight loss, overall mind/body health and pain relief coaching and/or training is a subjective service and Company may give different information to each Participant depending on his/her needs.

Company will use its personal judgement to create favorable experiences on all Group Calls, but that each Group Call’s core subject may not be applicable to each Participant depending on his/her health needs at that time. 

Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.

You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge Ashley Higbee d/b/a Wait For It Enterprises, LLC including any and all affiliates, related entities, employees, independent contractors, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Ashley Higbee d/b/a Wait For It Enterprises, LLC whether active or passive, or any of Ashley Higbee d/b/a Wait For It Enterprises, LLC affiliates, employees, independent contractors, agents, representatives, successors, and assigns. 

Waiver of Liability

Participant agrees to and takes this waiver in consideration for Wait For It Enterprises, LLC towards our programs, products, and services and all program materials. Having read this waiver, Participant acknowledges that for himself/herself, Participant’s heirs, executors, administrators, representatives, or anyone else who might claim on Participant’s behalf, hereby waives, releases and discharges Company and its officers and directors, staff, employees, agents and volunteers from and against any blame and liability for any injury, harm, loss, inconvenience, or any other damage of any kind whatsoever, which may result from or be connected in any way to Participant’s participating in any of our programs, products, and services and all program materials and on the Group Calls, and Participant agrees to hold them harmless from any such claim(s). In addition to the absolute and unqualified release from all liability, Participant hereby represents that Participant will conduct herself/himself in a prudent manner while participating on the Group Calls. Company reserves the right to release Participant from a Group Call if it feels the Participant’s conduct is inappropriate or disruptive. Participant is aware that by reading this and agreeing to company’s Terms or Use and Policy agreement, Participant is waiving certain legal rights, including the right to sue Company or its officers and directors, staff, employees, agents and volunteers. 

This waiver and release of liability includes, without limitation, mental illness, disease, injuries which may occur as a result of (a) your use of any exercise equipment which may malfunction or break while exercising (b) following exercise instruction online via recorded video/audio (c) negligent instruction or supervision, including personal training, coaching, mindset techniques, habit changes or functional movement exercise, online instruction/training (d) negligent hiring or retention of employees, independent contractors and/or (e) slipping or tripping or falling while engaging in any online exercise, habit based or mindset program or recorded video/audio including injuries resulting from following exercise instructions or anyone else’s negligent performance of exercise instruction (e) training you undertake that is online only without the supervision of a trainer. 

The trainer will provide step by step instruction on completing exercises, and health related techniques, in a safe manner but cannot monitor you while you are completing these exercises, techniques, habit shifts, mindset methods/techniques, stress relief techniques and any other method/technique trainer provides . If you are unable to complete the exercise due to physical limitation, mental illness or lack of understanding DO NOT attempt. If you do attempt, you will be liable for any injury sustained physically or mentally.

You expressly agree that the foregoing release, waiver, assumption of risk agreement is intended to be as broad and inclusive as permitted by the law in the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability,

You are aware and agree that by reading this waiver, you are giving up your right to bring a legal action or assert a claim against Ashley Higbee d/b/a Wait For It Enterprises, LLC or Ashley Higbee d/b/a Wait For It Enterprises, LLC negligence, or for any defective product or instructions used or received while participating in personal training, mindset techniques, habit shifts, functional movement exercise or any online training from Ashley Higbee d/b/a Wait For It Enterprises, LLC. You have read the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

Limitation of Liability

In no event shall Company be liable under this Agreement to Participant or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Participant was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. 

Maximum Damages

Participant agrees that the maximum amount of damages he/she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in their chosen programs, products, and services including all program materials

Assignability and Parties of Interest

Participant shall not assign, sub-contract, substitute, or hire any third party to take the place of Participant in performance of this agreement.

If you have any questions about any term of these Terms of Use, please contact us at [email protected] Thanks!