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By clicking “Buy Now,” “Sign Up”, “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling in a program, product or service, you (Client) agree to be provided with products, programs, or services by Nadine Bruder (Coach), acting on behalf of Nadine Bruder (German Tax ID: De274290928) (the Company), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

PROVISION OF SERVICES

Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the products, programs, and/or services (collectively known as the Services) as outlined on https://love-and-create.com and/or any associated domains (including third-party-hosted learning management systems) (together, the Website).

The Coach will provide the Services as and only to the extent detailed on the Website, and will not be required to provide any other services.

The Coach reserves the right to substitute services equal to or comparable to the Services offered for the Client if the Coach considers it is reasonably required in the circumstances.
Where a product or program is described as including “Lifetime access”, this means that the Company will continue to provide access to the Client for as long as the product or program is available for purchase (that is, for the lifetime of the product or program).

 

The Company retains full discretion to withdraw, amend or substitute the product or program, but agrees to provide the Client with written notice no fewer than 14 days prior to doing so.

To the extent applicable, the Client acknowledges and agrees that:

1. it is solely responsible for creating and implementing what is taught by the Services in respect of its own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the provision of the Services. As such, the Client agrees that neither the Coach nor the Company are or will be liable or responsible for any actions or inaction taken by the Client in relation to the Services, or for any direct or indirect result of the provision of the Services;

2. the Company is not engaged in the practice of medicine, it does not offer any medical advice, treatments or diagnoses to the Client, the Services are provided solely for the Client’s convenience and the Services are not meant for the provision of diagnosing, preventing, monitoring, predicting, treating or alleviating illness, disease, injury or disability;

3. coaching is a comprehensive process that may involve different areas of the Client’s life, including work, finances, health, relationships, education, and recreation, and that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility;

4. it will comply with this Agreement and all applicable laws;

5. it will provide the Company with all documentation, information, instructions and cooperation reasonably necessary to enable the Company to provide the Services; and

6. it will not infringe any third-party rights in working with the Company and in receiving the Services.

 

The Company will provide all Services in good faith and in a diligent manner, using all reasonable endeavours (if and to the extent applicable) to find solutions that are aligned to the Client, the Client’s circumstances and the Client’s desired outcomes. If applicable to the Services purchased, the Company shall set the dates and times for individual and group coaching calls.

 

The Client shall not receive any refund, partial or otherwise, if they are unable to attend some or all of the individual or group coaching calls. The Client acknowledges that the Company shall schedule individual and group coaching calls at all times of day to accommodate time-zones around the world and not all individual or group coaching calls will be within their waking hours.

Any testimonials or examples shown through Coach’s Website, programs, and/or Services are only examples of what may be possible for Client. The Coach makes no representation as to the outcome of the Client’s participation in the Services.

PAYMENT AND REFUND POLICY

Upon execution of this Agreement, the Client agrees to pay to the Company the full purchase amount (Purchase Price).

If Client elects to pay the Purchase Price through a payment plan option (Payment Plan), the Client agrees that the Company will (via a third-party payment processor) automatically charge the Client’s credit card for each monthly instalment on a recurring monthly basis. The Client expressly consents to, authorises and instructs the Company to deduct the monthly instalments from the Client’s nominated account as an automatic payment in accordance with this Agreement. A transaction fee may apply to payments made via credit card.

In the event Client fails to make any of the payments within a Payment Plan during the time prescribed, the Company has the right to immediately disallow participation by the Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls.

Under no circumstances will the Client threaten to, or make any chargebacks to, the Company’s account or cancel the credit card that is provided for payment without the Company’s prior written consent. The Client will be required to pay the Company’s legal fees, debt collector fees and mercantile agent fees associated with recouping payment.

Certain consumer protection laws and regulations under the German Civil Code (BGB), may confer the Client with rights, warranties, guarantees and remedies relating to the Coaching Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in this Agreement excludes the Client’s statutory rights as a consumer under the BGB. 

Subject to the Client’s statutory rights under the BGB, all amounts paid by the Client under this Agreement are non-refundable.

INTELLECTUAL PROPERTY RIGHTS

The Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in any materials provided to the Client in the course of providing the Services. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach or the Company to the Client, nor grant any right or license other than those expressly stated in this Agreement.

RECORDING AND REDISTRIBUTION OF CALLS

The Client acknowledges that group coaching sessions and/or group calls may be recorded. The Client also acknowledges and grants permission for the recordings to be redistributed and/or resold at a later date by the Company.

RELEASE

The Company may take photographs, videos, audio recordings, or other recordings during the provision of the Services that Company may use for future commercial or non-commercial purposes. The Client agrees and understands that by participating in the Services, the Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose the Company sees fit.

 

DISCLAIMER OF WARRANTIES

 

The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.

 

LIMITATION OF LIABILITY

 

In no event shall the Company or the Coach be liable to the Client for any indirect, consequential or special damages.

The Client agrees that its participation in the Services and any associated activities is entirely voluntary. The Client expressly acknowledges and accepts any risk of personal injury and/or damage that may arise from the use of the Services by the Client.

Notwithstanding anything else in this Agreement and to the maximum extent permitted by law, the Company’s aggregate liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Company under this Agreement at the relevant time.

ASSIGNMENT.

This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. The Client may not assign its rights under this Agreement as the Services are non-transferable.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of Germany, Berlin.

ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.