By purchasing any of the products and services for sale on this website, you agree to the following terms and conditions. When you purchase any template, ebook, course or other digital product from us, you are granted a single non-exclusive, revocable, royalty free, worldwide license to the product you have purchased. Due to the nature of digital products, we will not offer a refund, therefore the onus is on you to read the product page thoroughly. We reserve the right to change any pricing without prior notice.

1.Services.

In connection with your participation as a Coaching Program participant, Company shall provide services to The Program, Rapid Mindset Shift Program. Services of this program are described in the program details document. Services begin on the date of purchase.

2.Terms.

By completing and signing the application below, you authorize the Company to charge your credit card or debit card, or cash your check, as indicated above, as payment for Program Services in the full amount of the applicable fee. Furthermore, you agree that if you are accepted into the Program, you are responsible for full payment of fees for the entire course of the Coaching Program, regardless of whether or not you actually attend or choose not to attend the Coaching Call Sessions, and regardless or not of whether you selected a lump sum payment or monthly payment plan.

To further clarify, no refunds will be issued and all monthly payments must be made on a timely basis. If a monthly payment becomes more than 7 days late, the entire balance becomes due and payable immediately at day 8. This is not an installment contract. Client agrees that all funds paid to Company by credit card are good-faith funds and are non-cancelable. Client agrees never to issue a “chargeback” to Company’s account at any time for any fees paid to Company by Client.

We are committed to providing all Program participants with a positive coaching experience. By checking the box, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the Coaching without refund or forgiveness of remaining monthly payments if you become disruptive or

difficult to work with, if you fail to follow simple instructions given on the coaching calls, or if you impair the participation of the Coach in the Coaching Program or Online Groups.

By checking the box, you agree that if you miss any scheduled Coaching Calls, you have access to all recordings during the Commitment Period. It is important to note that your benefits MUST be used during the Commitment Period.

3. Privacy.

We respect your privacy and insist you must respect the privacy of fellow participants in the Coaching Program. By signing below, you agree to not violate the publicity or privacy rights of any Program participant. We respect your confidential and proprietary information ideas, plans, and trade secrets (collectively “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company. By signing below you agree (a) not to infringe any Program participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (b) that any Confidential Information shared by the Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company, (c) that you agree not to disclose such information to any other person or use it in any other manner other than discussion with other Program participants during Program sessions, (d) that all information and material provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company, and (e) that the reproduction, distribution, and sale of these materials by anyone but the Company is strictly prohibited. Further, by signing below, you agree that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

4. Disclaimers.

We have made every effort to accurately represent the Program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve same or similar results. Each individual’s success depends on many different factors, including his or her background, dedication, desire, and motivation. By signing below, you acknowledge as with any business endeavor there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Program. By signing below, you acknowledge that you have represented to the Company that payment of your Program fees will not place a significant financial burden on you or your family. The Program coach or coaches are not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by the Program instructors is not intended as such. You should refer all legal, tax, accounting and financially related inquires to appropriately qualified professionals. Neither Diane Forster, Inc., nor Diane Forster or her associates shall be liable for any loss or damage caused by Client’s reliance on any of the advice, opinions, statements or other Services provided hereunder, and instead, Client expressly agrees to waive and release Diane Forster, Inc., or Diane Forster from and against any and all claims, liabilities, damages, judgments, costs and expenses relating directly or indirectly to the Services provided hereunder. Client shall defend, indemnify and hold harmless Diane Forster, Inc., or Diane Forster and their respective managers, members, partners, employees and clients (the “Indemnified Parties”), from and against all third party claims, liabilities, suits, losses, damages and expenses, including costs

and reasonable attorney's fees (collectively, “Claims”), asserted against or incurred by the Indemnified Parties, relating directly or indirectly to the relationship of the Parties under this Agreement and/or the delivery of Services hereunder.

5. EXCEPT FOR A CLAIM OF INDEMNIFICATION PURSUANT TO THE PRECEDING PARAGRAPH, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY PUNITIVE DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIANE FORSTER, INC. DBA DIANE FORSTER UNDER ANY THEORY (INCLUDING FOR COSTS AND EXPENSES), EVER EXCEED THE TOTAL AMOUNT OF THE COACHING FEE PAID TO DATE AS OF A DATE CERTAIN.

If a dispute or difference of any kind whatsoever (a “Dispute”) arises between the Parties in connection with, relating to or arising out of this Agreement, including the interpretation, performance, non-performance, or termination hereof, the parties shall attempt to settle such Dispute in the first instance by mutual discussions. If such Dispute has not been resolved within thirty (30) days by mutual discussions, the Parties shall endeavor to settle the Dispute by mediation using the services of the Mediation Program of the American Arbitration Association, the California Association of Professional

Mediators or any other national mediation organization jointly agreed upon by the Parties prior to any recourse to arbitration pursuant to the following paragraph. If such Dispute cannot be settled within ninety (90) days after submission to mediation (the “Mediation Period”), such Dispute shall be submitted to the American Arbitration Association for determination before a single arbitrator in accordance with its commercial arbitration rules. Subject to the limitations regarding maximum amount of liability set forth herein, the costs of the arbitration shall be borne equally by the parties unless the arbitrator determines that one party pursued the Dispute in bad faith or for dilatory reasons. The award rendered in any arbitration commenced hereunder shall be provided in a reasoned written decision consistent with the law applicable to such Dispute. The award shall be final and conclusive and judgment thereon may be entered in any court having jurisdiction for its enforcement. Neither party may appeal to any court from the arbitration decision except for bias, conflict of interest or manifest disregard of the law.

6. Non-assignable.

Neither party shall assign this Agreement without the written consent of the other, and upon such unpermitted assignment this Agreement shall be deemed null and void.

7. Governing Law; Jurisdiction and Venue.

This Agreement and performance hereunder shall be governed by the laws of the State of California. Sole venue and jurisdiction for any proceedings under this agreement shall be in the state and federal courts located in San Diego County, CA, United States.

8. Force Majeure.

Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood, or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement, until as soon as practicable after a force majeure condition ceases to exist.

9. Notices.

All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested at the address stated below for Client, and for the Company, Diane Forster, Inc. 153 S. Sierra Avenue #1418, Solana Beach, CA 92075, Attn: Ms. Diane Forster. Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.

10. Severability; Entire Agreement.

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. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.