TERMS AND CONDITIONS DISCLAIMER AND AGREEMENT

Effective date: March 31, 2025

This BeecomingMom Community, Courses, Trainings and Resources Terms and Conditions Disclaimer and Agreement and (“Agreement”) is made by and between MelParentWell, LLC, an Wisconsin business (“Coach”) and the below-signed Client.

 

1. AGREEMENT.  By registering, purchasing, using and/or continuing to use Coach’s Services, participating in Coach’s Program and/or accessing Coach’s Materials, Client agrees to be bound by the terms and conditions of this Agreement.  Selecting the “I agree to these terms and conditions” button on any checkouts throughout the company site is equivalent to an electronic signature, binding the purchaser and user to the agreements outlined herein.

 

1. DEFINITIONS.

“Program” will include instruction, tutoring and coaching with the focus on enhance mental and physical wellbeing in motherhood. 

“Coach’s Materials” include information and content, including written materials and videos provided to Client as part of the Program. 

“Client” shall include any person who registers for the Program. To be a Client, you must be 18 years or older and by entering into this Agreement you represent that you are at least 18 years old and agree to be bound by these terms and conditions.

“Commencement Date” means the date that the Service Fee is paid in full.

“Services” will include, without limitation, advising Client on improving energy, balancing hormones, regulating gut health, enhancing mindset, and increasing strength and toning, establish personalized workout regimens, access to workout video library, establishing relationships with other mom's,  1:1 coaching, training, webinar modules, videos and any of the Coach’s Materials provided to Client.   

 

1. COMMENCEMENT AND DURATION.  This Agreement shall begin on the Commencement Date and shall continue for the duration of the Program enrolled into Client’s access to the Program and Coach’s on-line portal upon expiration or termination of the Program, whether or not Client has accessed and/or viewed any or all of the modules and videos in the Program. Specific durations of programs outlined in individual sections of this agreement.

 

1.   SERVICE FEES.  To enroll in the Program, Client must pay the Service Fee in full, or as agreed upon through payment plan.  

 

1. LICENSE.   

 

5.1 Subject to the terms and conditions set forth in this Agreement, the right to view the Program and access to Coach’s Materials is limited to Company’s paying Client.  Coach’s Program and/or Materials shall not be provided to any third-party and shall not be reproduced, copied, downloaded, recorded or replayed without the express written authorization of Coach.  Accordingly, Client is prohibited from downloading, recording, storing, reproducing, transmitting, displaying, printing, copying, selling or distributing the Program or Coach’s Materials.  

 

5.2 All right, title, and interest (including all copyrights and other intellectual property rights) in the Program or Coach’s Materials belong to the Coach and Client and shall not acquire any ownership interest, copyright or other intellectual property rights or proprietary interest in the Program or Coach’s Materials or copies thereof.

 

5.3 Client shall not record or reproduce for sale, download/post to the Internet or otherwise misappropriate the Program or Coach’s Material in any fashion or do anything that infringes on Coach’s proprietary ownership or copyright interest.

 

5.4 Client may not remove or obscure any Coach badge, icon, label, trademark, watermark or other notice contained in the Program or Coach’s Materials 

 

1. ACCESS TO SERVICES.

 

6.1 Only Client shall be entitled to access the Program and/or Coach’s Materials. Client may not share any information, templates, materials, or intellectual property with anyone.

 

6.2 Content and features of the Program and/or Coach’s Materials may be amended, changed or withdrawn by Coach at any time without notice. Coach shall not be responsible or liable for any harm or damages to Client as a direct or indirect result of a decision to alter, remove, or change Coach’s Program or Coach’s Materials without notice.

 

 6.3 All reasonable efforts will be made to ensure that the Program and/or Coach’s Materials will be accessible to Client at all reasonable times.  However, Coach shall not be responsible for circumstances beyond Coach’s control which may affect Client’s ability to view or access the Program and/or Coach’s Materials and Client agrees that there will be no right to any refund or reimbursement in such circumstances. 

1. TERMINATION 

 

7.1 TERMINATION BY Coach.  Coach may terminate or suspend its performance of all or part of its obligations under this Agreement immediately and without liability for compensation or damages where Client: (a) fails to comply with the terms and conditions of this Agreement including all payment obligations; (b) makes or issues any communication which is defamatory or which portrays Coach in a negative or false light or which is harmful/potentially harmful or prejudicial to the Coach; (c) misappropriates or uses without permission or authorization Coach’s Materials, information or Website; or (c) engages in any act intended to harm or damage the Coach.

1. REFUND POLICY AND UPGRADE OPTION

 

8.1  FOR THE HIVE METHOD 1:1 COACHING

The company has a strict no refund policy across all its other offerings and services.

 

By using and/or purchasing The Hive Method Program, 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 these terms that you have agreed to prior to completing the purchase of the The Hive Method, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If 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 report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

As part of your The Hive Method purchase, you will receive access to a free community group through Slack, The Hive. This group is for The Hive Method + The Hive purchasers only and is used as community and support amongst you and others who have purchased The Hive Method, or The Hive. 

 

THIS GROUP IS NOT CONSIDERED TO BE MENTORSHIP OR COACHING FROM MEL AND THE BEECOMINGMOM TEAM

 

The group can be shut down at any time without recreation. It is optional to join, and you can be removed from the group at any time by its admins.

The client has access to the The Hive Method and corresponding materials included in purchase at time of purchase for the length of the coaching program; 6 months as agreed upon in individual contract. If The Hive community is discontinued or removed from the site in the future, the Client will no longer be able to have access to the materials.  

By checking the box on the applicable checkout page,  “I have read and agree to the terms and conditions of this page as follows” Client understands that they are entering into a binding contract.

8.2 FOR THE HIVE ONLINE COMMUNITY

 

Considerable resources and attention have gone into the creation of The Hive Online Community. You will gain access to The Hive Community through Slack channel. Membership to The Hive Channel is monthly ($49.00), with discounted price for 3 mo ($140.00), 6 mo ($280.00), and 1 year ($560.00). There will be supplemental written and video resources provided by the Coach through this channel. This is Intellectual Property exclusive to paid The Hive clients. All members of The Hive Community are to be respectful. Profanity, foul language, and degrading comments, as determined by the Coach, are not tolerated and will result in removal and termination of access to The Hive Channel. As such, client understands and agrees that no refunds or chargebacks will be issued to Client by Coach for any reason. Client agrees not to sign this document unless it’s fully agreed upon that Client will not request a refund, remove their card from file, or file a claim or request Client’s bank or credit card company for a chargeback or stop payment payments made to Coach under this Agreement.  Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any dispute Client may have with respect to amounts paid to Coach hereunder must be addressed directly between Client and Coach. If a chargeback occurs, Client shall be deemed to have materially breached this Agreement and shall forfeit all remaining Services that have not yet been performed under this Agreement and Coach shall have no further obligation to Client. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one and one-half percent (1.5%) per month until paid in full by Client.  Coach shall be entitled to recover from Client all damages, costs, expenses, including reasonable attorneys’ fees, associated with pursuing collection and/or recovery of the amount of any chargeback.

 

1. Processing Fees. This contract and commitment into consulting with the Company is non-cancellation and nonrefundable, however, if the Company determines it appropriate to end terms early, the Client will be responsible for the Kajabi processing fee for any refunded amounts.  Furthermore, if the Client requests to change the card on file, he/she may do so prior to collection of payment.  If the card on file is changed after collection, and a refund of payment is needed prior to collecting the new information, the Kajabi processing fee will be the responsibility of the Client.

 

b)Term. The Term of this Agreement shall commence on the date of execution of this Agreement by Client (“Commencement Date”) and shall continue for a period of 6 (6) month consecutive calendar months  After completion of the six (6) month Term and initial payment, Client will have the opportunity to continue working with the company during which case a new contract agreement will be signed and agreed upon. Or, the Client will be removed from The Hive.  Due to the nature of this, there is a strict no cancellations and no refund policy for any and all reasoning including all personal reasons and reasons outside of one’s control, no pauses, and no “roll-overs” for time missed.  ***It is ultimately up to the Client to participate in the way he/she desires. After the Client finishes The Hive Method 1:1 6mo coaching, or The Hive and is no longer a paying client, Client will no longer be coached or have access to coaching portals. However, the Client may keep any downloaded materials that they utilized during the program. 

1. LIMITATION OF LIABILITY AND DISCLAIMERS.  

 

9.1 Coach makes no express or implied warranty regarding the Program, Program contents or Coach’s Materials.  The Program and Services provided by Coach are provided on an "AS IS" and "AS AVAILABLE" basis, and Coach makes no express or implied warranties under this Agreement, including without limitation, that the Program, Program contents, Coach’s Materials or Services are complete, accurate and/or free from errors.  Accordingly, Coach shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Program and/or Coach’s Materials; (b) the unavailability or interruption of the Program and/or Coach’s Materials or the supply of the Services, (c) Client's use or misuse of the Program and/or Coach’s Materials, (d) Client's use of any computer, server, Internet service, Wi Fi system or other equipment in accessing or attempting to access the Program and/or Coach’s Materials or Services, (e) the content of the Program and/or Coach’s Materials, (f) any delay or failure in performance beyond the control of Coach, or (g) any act, omission or negligence of any third party over which Coach has no control.

 

9.2 Coach’s Program and Coach’s Materials are intended to provide educational instruction, mentoring and coaching with the focus on improving holistic wellness in motherhood. Coach does not warrant or guarantee any type of specific results, changes, or outcomes through use of the Services, the Program and Coach’s Materials. Client agrees and acknowledges that Client’s use of any information contained in the Program is purely voluntary.  Although Coach will be providing coaching Services for and on behalf of Client, ultimate success depends on the dedication and effort of the Client.  

9.3 Coach shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from or alleged to be caused by Coach or the Services provided by Coach under this Agreement.  Should it be determined by a court or tribunal that Coach is liable to Client as a result of any claim including, without limitation, any breach or alleged breach of any term or condition of this Agreement, for any breach or alleged breach of any express or implied warranty, misrepresentation, for any act, omission or claim of negligence, or violation or alleged violation of any federal, state or local law or statute, Coach’s liability shall be fixed and/or limited to refunding the Service Fee paid by Client either in whole or in part and Client agrees than in no circumstance will Coach be liable to Client for any special, indirect, incidental or consequential damages of any kind. Coach’s liability to Client, including loss or damage caused by negligence, if any, shall be reduced to the extent Client caused or contributed to Client’s alleged loss or damage

 

9.4 Coach’s liability to Client for loss or damage of any kind (including loss or damage caused by negligence), if any, shall be reduced to the extent that Client caused or contributed to that loss or damage

9.5 The Coach’s Materials and/or Services provided to Client are for reference purposes only and are not intended to constitute traditional medical care, or personal training. Client further understands and acknowledges that Coach the coach is in no way practicing under her medical licensure as a Advanced Practice Nurse Practitioner, or Advanced Practice Nurse Prescriber. The Services provided under this Agreement are not intended as a substitute for professional medical advice. 

9.6 By accessing Coach’s website and reviewing Coach’s Program and materials, Client understands and agrees that Coach makes no guarantees or warranties regarding the condition of website, including functionality, existence of viruses or other components that may harm Client’s computers, uninterrupted use, constant access and availability, and the like.  Coach will make every effort to make Coach’s website available for access to Client at all times.  However, from time to time the website may be down for maintenance, repairs or updates, as a result of “crashing” or overuse, or other reasons, known or unknown to Client, and Client agrees and understands that this may occur without explanation. Should this occur, Client understands and agrees that Coach shall not be responsible or liable for any damages, losses, interruption caused to Client or Client’s business and Client shall not receive or be entitled to any refund or reimbursement, either in full or pro rata, as a result thereof.

 

9.9 Any password or ID number issued by Coach to Client is personal and confidential to that Client.  If Coach suspects that any password or ID is being used by an unauthorized user, Coach reserves the right to cancel or disable the Password or ID number.

 

TESTIMONIALS.  Coach solicits testimonials from Clients to provide comments, feedback and information from their experience with Coach’s Program.  By executing this Agreement, Client agrees to permit Coach to use, publish, post, and/or communicate any testimonial and otherwise grants Coach a royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, post, advertise, communicate, transmit, copy, edit, exploit or otherwise publicly disseminate any communication or testimonial submitted by Client, in whole or in part, with or without identifying Client as the author of the original post or comment. If Coach so chooses to identify Client, Client also grants Coach the right to identify Client as the author of any communication or testimonial, by name, initials, email address, screen name, or any other reasonable manner of identification.  Any and all testimonials used for the purpose of engaging Client into purchasing the programs, resources, training, and coaching provided by Coach do not in any way guarantee that the Client will experience similar results.

 

1. USE OF CLIENT’S INFORMATION AND IMAGE.  Coach may use personal or business information of Client for the purposes of: a) providing the Services under this Agreement, b) processing Client invoicing, billings and payments, and c) communicating with Client.  Coach may also provide personal or business information about Client to third parties in furtherance of the Service provided by Coach under this Agreement. Client irrevocably grants to Coach the right to use the Client’s name, video, photograph, image, likeness, persona, voice or audio recordings and/or video recordings, in all forms of media whatsoever, whether in original, composite, modified, edited or adapted format or form, for any and/or all purposes, including without limitation, testimonials, advertising, trade, educational or promotional use, or any commercial purpose whatsoever in perpetuity (both during the undersigned’s lifetime and after death).  Client waives, releases and forever discharges Coach from any liability or claim that may arise regarding the use of the undersigned’s name or image as described above including, without limitation, any claim alleging, tortious conduct, negligence, breach of duty, breach of contract, defamation, libel, slander, negative light, misappropriation of name/image/likeness, humiliation, embarrassment, mental pain/distress, damage to reputation, injury to person/character, unauthorized use of images/likeness/photographs, invasion of privacy, exploitation, infringement of moral rights, violation of publicity rights, violation of property interest, unauthorized use of a personality’s right of publicity, any violation of any state or federal trademark or copyright law or statute, common law copyright infringement, federal or state right of publicity law, right to privacy law, or any other state, federal law, statute or common law claim regarding the use of Client’s name and/or image.  

 

1. REPRODUCTION AND COMPETITION RESTRICTION.  The Program and Coach’s Materials is for the use of the Client or other authorized user only and may not be replicated, copied or transmitted to any third party for sale or any other commercial use or purpose without our prior written consent of Coach.  Client shall not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained in the Program or the Coach’s Materials for sale or other commercial purpose other than as permitted by this Agreement.

 

1. OWNERSHIP OF MATERIALS.  Coach’s Materials are and shall remain the sole and exclusive property of Coach and are disclosed to Client in reliance on Client’s agreement to maintain Coach’s Materials as confidential and not to use or disclose Coach’s Materials to any person except for use by Client under this Agreement.  Client understands that this Agreement shall not convey to Client any ownership, property or other rights of any kind in Coach’s Materials

 

1.   NON-DISPARAGEMENT.  Client agrees that during the Term of this Agreement and at all times thereafter, Client shall not disparage the name, reputation or goodwill of Coach or any of its officers, directors, owners, members, employees, products, Coach’s Materials or Services.

 

1. MISCELLANEOUS

 

15.1 Entire Agreement.  This Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written, express or implied other than those contained in this Agreement. Subject to the foregoing, should there be any conflict between this Agreement and the Coaching Agreement entered into between Coach and Client (if applicable), the terms of the The Hive Method, or The Hive Agreement shall control. 

 

15.2 Assignment.  This Agreement may not be assigned by Client to anyone.  Coach may assign all rights and obligations under this Agreement without prior consent from Client.

 

15.3  Waiver.  The failure of a party to require the performance of any obligation herein by the other shall not be deemed a waiver of future compliance herewith and shall not affect the right of a party to require compliance at any time thereafter.  Any remedies contained herein shall be cumulative and not alternative.

 

15.4 Governing Law/Venue. All disputes between Coach and Client hereto, including any and all disputes arising out of this Agreement, shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the procedural and substantive laws (and not the conflict of law rules) of the State of Wisconsin, United States of America (“USA”). Any dispute arising under or out of this Agreement or between Coach and Client hereto shall be heard by either the state (circuit or superior) court located in Waukesha County, Wisconsin, and the parties consent and otherwise agree to the personal jurisdiction of said courts. Coach and Client hereby irrevocably waives all claims of lack of jurisdiction and forgoes any right to object on the basis that any dispute, action, suit or proceeding has been brought in an improper or inconvenient forum or venue. Should Client file a suit or claim in a venue or forum other than as provided herein, Client shall pay to Coach all costs, including attorneys’ fees, travel costs and local counsel fees, associated with dismissing the improperly filed matter or otherwise related to transferring said action to the proper court and/or venue. Subject to the foregoing, Coach reserves the right to domesticate or seek judicial enforcement of any order or judgment enforcing the restrictive covenants contained herein as it deems necessary to effectuate same.  In the event this section violates any state or federal law, the parties agree to omit, exclude, remove or blue-pencil the violating language without affecting the enforceability of the remaining provisions of this Agreement.

 

15.5 Waiver of Jury Trial.  Client irrevocably waives, to the fullest extent permitted by law, any right to a trial by jury in any legal proceeding arising between the parties including any dispute arising out of this Agreement

 

15.6 Amendments and Modifications.  The terms and conditions as contained in this Agreement may be changed or updated at any time and Coach reserves the right to make any change or update at any time in its sole discretion.  It shall be the burden of Client to routinely check for updates to terms and conditions.  By continuing to use Program and/or Coach’s Materials, Client agrees to be bound by the terms and conditions, including any amendments thereto. If Client is not in agreement with Coach’s terms and conditions or any amendments thereto, Client shall notify Coach of same, in writing.

 

15.7 Cost of Collections.  Should any account be subjected to collection efforts or litigation, Coach shall be entitled to all amounts due plus late fees, collection fees, attorneys’ fees, costs, expenses and interest at the maximum statutory rate established by applicable law.  

 

15.8 Authority.  Client represents and warrants that she has the actual authority to enter into this Agreement and bind Client to the terms contained herein and by signing below, Client agrees to the terms and conditions of this Agreement

 

15.9 SMS Messaging.  By inputting your phone number you consent to receiving text and/or audio messages from the company related to programs, offers, and other marketing materials.

Contact Us

If you have any questions, concerns or complaints about these Terms and Conditions, please contact us:

• By email:[email protected]
• By visiting this page on our website: beecomingmom.mykajabi.com