Introduction
Magnetic: The Experience (Programme) is offered by Abby McKendry (Service Provider).
These Terms of Purchase set out how you (the Client) can make purchases from our Site. Please read them carefully. We pride ourselves in providing a high level of customer service and ensuring that you are clear in respect of all of your rights relating to your purchase. Ahead of making any purchase you will be asked to tick a box on our Site which says “I Accept the Terms and Conditions of Sale”. In ticking that box, you will be accepting the terms set out here.
The Terms of Use for our Site and our Privacy Statement can be found on separate pages of coaching.abbsolutestudio.com
By purchasing the programme, you as the purchaser of Programme and participant in Programme are agreeing to the following Terms of Use, which constitute a legally binding agreement between you and the Service Provider.
We are based in the UK and our Terms of Purchase are governed by UK legislation. Our digital documents and courses can be downloaded worldwide. It is always our aim that you will be fully satisfied with your purchase. Should you have any questions about your purchase we will be happy to assist.
Purchase Terms
We are proud of our Programme, and the results which clients can achieve. If you purchase Magnetic: The Experience, you are purchasing an online service via the ThriveCart platform and live calls via Zoom, and will receive access details once your initial payment has been processed.
You agree that you are 18 years of age or older. You acknowledge and understand that any information such as, but not limited to, usernames and passwords, that grant you access to the programme, are unique to you. Sharing your Programme log-in information will result in automatic termination from the programme.
The Coaching Relationship:
The purpose of the coaching relationship is for the Servicer Provider to support the Client (you) to achieve their goals. Coaching is a non-therapeutic intervention intended for Client, who wish to enhance their performance or improve their work or personal situation. You agree that your participation in the programme does not create a partnership, joint venture, agency or employment relationship with the service provider.
The service makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in the programme. You agree each individual is different, and that the service provider does not guarantee any recommended product, service, or other recommended to you during the Term will also work for you. You understand and agree that any testimonials, examples, or results presented by the service provider on marketing materials, social media platforms, website, or any other forum are the experiences of one programme participant. You understand and agree that the service provider does not represent or guarantee in any way that you will achieve the same or similar results. You are solely responsible for any decisions you make from the information provided in our Programme.
Live calls: The Client acknowledges that with the scheduled group mastermind calls, given all time-zones around the world, not all group calls are guaranteed to be within all Client's waking hours. It is the Client’s responsibility to attend the meetings at the scheduled time. The Client shall not receive any refund, partial or otherwise, if they are unable to attend some or all of the group calls - call recordings will be uploaded to the Thrivecart platform within 48 hours for replay.
Service Provider's Responsibilities and Deliverables:
Service Provider is responsible for managing the coaching programme process (including timekeeping), maintain confidentiality (subject to certain exemptions), and deliver the following package inclusions:
• 9x group calls over the 3 month period from January 2024
• Voxer group support Monday-Thursday 9am-5pm GMT
• Access to The 'Scale Hub' of trainings and resources
• Call recordings uploaded in a timely manner
• 1:1 onboarding call
• 90 day personalised goal plan
• 3-months free membership to 'The Freedom CEO Society'
• Responses to email and voxer queries within 48 hours (unless stated otherwise)
Client's Responsibilities:
1. You agree that your successful participation in the programme requires that you complete assignments, where appropriate.
2. You agree to communicate with the service provider honestly and promptly where necessary.
3. You agree to engage in the programme to the fullest extent possible, and understand and agree that your degree of success in the programme is dependent on your commitment and consistency.
4. You agree that you are solely responsible for implementing any techniques or changes recommended by the service provider and the programme.
5. You agree to act respectfully towards Service Provider. and other Programme participants. You agree not to make any harassing, derogatory or demeaning comments to Service Provider. or about Service Provider.or Programme participants in any Programme forums, including Service Provider's webpage and all Service Provider social media platforms.
6. You agree to be respectful of all information disclosed by Programme participants, and agree not to share this information to anyone outside of Programme, at any time, for any reason.
Payment Terms:
The total fee for the Programme is outlined on the programme sales page hosted on Thrivecart. You have the option to pay for Programme via Paypal, Apple pay, Google pay or credit card through Thrivecart. Please note, payment is processed by third party payment processors governed by their own Terms of Use, and your personal information is processed in accordance with our own Privacy Policy available on coaching.abbsolutestudio.com
If paid in full: You will pay the service provider in full prior to start of the programme. You will not be enrolled in the programme nor have access to materials and calls until the service provider has received your payment in full.
If paying in installments, automatically charged by service provider via Thrivecart: You will pay the service provider your first payment as outlined on checkout. Subsequently, you will automatically be charged monthly by the service provider from the date of first payment during the term, through your initially selected payment method.
If paying an initial deposit: You will pay the service provider your deposit amount, as stated on the sales page, in full prior to start of programme. Subsequently, you will receive a further link to pay the remaining total of the programme, minus your deposit amount. At this point, you will opt to pay in full or in installments - detailed as above. You understand your deposit is non-refundable, and by paying your deposit you agree to payment of the remaining total of the programme.
Payment Failure: If the Service Provider charges you the full amount of programme and your payment method is declined in any way, Service Provider or their payment processor will notify you and you have 1 week to pay the full amount owed. You will not have access to the programme or materials unless and until the full balance owed is paid.
If you elect to pay for the programme in automatic installment payments and your payment method is declined in any way, Service Provider or their payment processor will notify you, and you have 1 week to satisfy the amount owed on the delinquent installment payment. After 1 week, if you have still not paid the amount owed, the Service Provider reserves the right to terminate your access to the programme and all materials immediately. If your access is terminated, you are still liable to the Service Provider for all outstanding balances for the entirety of Term. The Service Provider reserves the right to pursue outstanding balance owed to the fullest extent of the law, including, but not limited to, authorising a debt collection agency to collect amounts owed or legal recourse.
Default for Invoiced Instalment Payments: If you pay for the programme in installment payments and your payment method is declined, you have 1 week after the failed payment in order to pay the outstanding balance with a different payment method. If after 1 week you have not paid your outstanding balance due, the Service Provider will terminate your access to the programme and all materials. If your access is terminated, you are still liable to the Service Provider for all outstanding balances for the entirety of Term. The service provider reserves the right to pursue any outstanding balances owed to the fullest extent of the law, including, but not limited to, authorising a debt collection agency to collect amounts owed or legal recourse.
Refund Policy: Due to the digital and live nature of the programme, the programme is offered to you as is. No refunds will be issued.
Disclaimer:
Abbsolute Studio / Abby McKendry is not an employee, agent, lawyer, doctor, manager, therapist, PR, business manager, dietician, financial analyst, psychotherapist or accountant. Client understands that Service Provider has not promised, shall not be obligated to, and will not;
(1) procure or attempt to book your employment or business or sales for Client
(2) perform any business management functions including but not limited to, accounting tax or investment consulting, or advice with regard there too;
(3) act as a therapist providing psychoanalysis psychological counselling or behavioural therapy;
(4) act as a public relations manager
(5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or media exposure for client;
(6) introduce client to coaches full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this programme. If the parties continue their relationship, a separate agreement will be entered into.
The service provider cannot guarantee that our website, and the programme materials available through Thrivecart, Voxer and Zoom, will be available at all times. Service Provider may experience technical problems, or websites may be temporarily down for maintenance purposes. You agree that we are not liable or responsible for any damages stemming from your inability to access our website, Thrivecart, Zoom or Voxer.
Earning Disclaimer:
Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using a product, ideas and techniques. We do not position this service as a get rich quick scheme. Your level of success in attaining results depends on the time you devote to the programme, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Intellectual Property:
You agree that all programme materials and content provided by the Service Provider is provided for your personal, informational, non-commercial use only. Content is owned by the Service Provider and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all: Service Provider;s website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code, digital downloads or other materials, digital or non-digital (materials include but are not limited to, text, photos, graphics, video) created by service provider, Any other form of information created by the Service Provider available to you immediately prior to and during the programme.
You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter content in any way.
Indemnification:
Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages, or proceedings, including, but not limited to, Service Provider's services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys' fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys' fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and / or nonperformance of Service Provider's duties here under and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruptions, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.
Non-Disclosure:
Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to the Client, including but not limited to customer lists, contacts, financial data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets.
Agreement:
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. If a dispute arises out of this agreement that cannot be resolved by mutual consent, the Client and Service Provider agree to attempt to mediate in good faith for up to 30 days after notice given.
The terms and conditions of this Agreement may be modified or amended as necessary by the Service Provider at any time.
By purchasing Magnetic: The Experience via the Thrivecart platform, you indicate that you understand, agree to and accept the terms and conditions.
Should you have any queries or trouble accessing the programme or materials after purchase, please email Abby@abbymckendry.com
Last updated 20th February 2024
These terms are fully effective from : 11th September 2023