She Makes it Happen Membership Terms of Purchase
Effective date: May 13, 2025Â Â
1. Parties
1.1 Agreement Scope and Acknowledgment. This Online Program Participation Agreement
(this “Agreement”) is a legal agreement between you (the “Client”) and JoselynMartinez Inc.
(the “Company”). By clicking on the “I Agree” link and providing the remaining information
requested (including payment) required to successfully enroll in the She Makes it Happen
Membership (the “Program”), you agree to the following legal terms and conditions that govern
your participation in the Program. As used herein, you, the Client together with the Company, are
the “Parties,” and each is a “Party.” In consideration of the mutual covenants set forth herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
2. Services
2.1. Program Services. The Company agrees to provide the following services to the Client in
connection with the Program (the “Services”). The Company agrees to facilitate a 6-Month
Membership Group which will consist of:
a. Access to one (1) or more audio trainings per week, for the duration of the six 6 (month)
membership.
b. Lifetime access to all trainings released during the Client’s active six month membership term.
c. Weekly Group Check-Ins via Telegram.
d. Access to the Private She Makes it Happen Telegram Group 2025 for the duration of the six
(6) month membership.
2.2. Program Materials. The Company may also provide the Client with certain video
recordings and other video, electronic, or print materials required to participate in these meetings
(the “Program Materials”).
2.3. Program Changes. The Company reserves the right to modify the Program schedule,
content, or format as necessary to accommodate unforeseen circumstances or to enhance the
Program experience. The Client will be notified of any significant changes in advance.
3. Company-Client Relationship3.1. Client Responsibility. The Client is solely responsible for creating and implementing their
own physical, mental, and emotional well-being, decisions, choices, actions, and results arising
out of or resulting from the Services provided by the Company. The Client acknowledges that the
Services may involve different areas of their life, including work, finances, health, relationships,
education, and recreation. The Client agrees that deciding how to handle these issues and
implement related choices is exclusively the Client’s responsibility.
3.2. Services Not Therapy. The Client understands that the Services are not therapy, do not
substitute for therapy if needed, and do not prevent, cure, or treat any mental disorder or medical
disease. The Client acknowledges that the Services do not involve the diagnosis or treatment of
any mental disorders as defined by the American Psychiatric Association and are not a substitute
for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or
other professional advice. The Client must seek such independent professional guidance as
needed.
3.3. Participation Commitment. The Client agrees to communicate honestly, be open to
feedback and assistance, and create the time and energy necessary to participate fully in the
Program.
4. Schedule and Fees
4.1. Fee and Effective Date. The fee for the Client’s participation in the Program is as follows:
• Pre-Sale Option: $27 for the first month, followed by 5 (monthly) payments of $97.
• Pay in Full Option: One-time payment of $397 at the time of registration.
The Program operates on a rolling enrollment basis. The Client’s 6-month membership term
begins on the date of their initial payment and registration, regardless of when the Client joins
within the Program cycle. Access to group calls, Telegram support, and program materials will
be provided from the Client’s registration date forward.
4.2. Payment Terms and Authorization.
If the Client selects the monthly payment plan, payments will be automatically charged to the
Client’s card on file each month for the duration of the six (6) month Program. The Client hereby
authorizes the Company to charge their payment method on file for the full duration of the
payment schedule unless cancellation is requested as outlined below.
4.3. Cancellation of Recurring Payments.
Monthly subscribers may cancel their membership at any time; however, cancellations must be
submitted at least 7 days prior to the next billing cycle to avoid being charged for theupcoming month. Cancellations made after this window will take effect in the following billing
cycle.
4.4. No Refunds.
All payments made by the Client are final, non-refundable, and non-transferable. Due to the
nature of the Program and immediate access to digital materials and support, no refunds will be
provided under any circumstances—including for pay-in-full purchases.
4.5. Payment Failure.
If a payment is declined or otherwise unsuccessful, the Company reserves the right to terminate
access to the Program immediately. It is the Client’s responsibility to ensure payment
information is current and accurate.
4.6. Transferability.
Client may not resell, assign, or transfer their registration or participation in the Program to
another party.
4.7. Chargeback Policy
The Client agrees not to initiate a chargeback or dispute any payments made under this
Agreement with their financial institution. If the Client has a concern about billing, they must
first contact the Company at [email protected] to resolve the issue in good faith.
In the event a chargeback is initiated, the Client understands and agrees that:
• They forfeit access to the Program and any related materials, content, and support.
• The Company reserves the right to present this Agreement and any relevant
documentation to the financial institution as proof of the Client’s access and acceptance
of these terms.
• The Client will remain responsible for any outstanding balance due under the payment
plan, and legal action may be pursued to recover such amounts.
4.8. Late Payment and Fees.
If a payment is not successfully processed within five (5) calendar days of the scheduled billing
date, a late fee of $25 USD will be added to the outstanding balance. Continued failure to make
payment may result in:
• Suspension or termination of Program access at the Company’s discretion.
• Additional collection efforts or legal action, in which the Client may be responsible for
any associated costs, including reasonable attorneys’ fees.
It is the Client’s responsibility to ensure that valid payment information is on file and updated as
needed to prevent failed transactions.4.9. Billing and Cancellation Inquiries
All questions regarding billing, payment issues, or cancellation requests must be submitted in
writing to [email protected]. Please include your full name and the email address
used at the time of registration.
If you are on a recurring monthly plan and wish to cancel, notice must be submitted at least 7
days before your next billing date to avoid being charged for the upcoming cycle.
5. Privileged Information and Recordings
5.1. Privileged Communications. The Client acknowledges that communications with the
Company as part of the Program are not protected by any legal privilege, such as therapist-client,
as the Program does not provide medical or psychological services.
5.2. Use of Recordings. The Client consents to being recorded during the Program and agrees
that the recordings may be used for Program Materials, marketing, portfolio, and promotional
purposes, including on the Company’s website or social media. The Client waives any moral
rights to the recordings and acknowledges that the Company may edit or alter these materials as
needed.
5.3. Data Protection. The Company will store and use personal data in compliance with New
York privacy laws, including the New York Shield Act (General Business Law §§ 899-aa, 899-
bb), and applicable federal privacy laws, including the Federal Trade Commission Act, where
applicable. Personal data will only be collected and used for purposes directly related to the
Program, including program administration, communication with the Client, and delivery of
services. Personal data will not be shared with unauthorized third parties without the Client’s
explicit consent, except as required by law. The Company will implement reasonable
administrative, technical, and physical safeguards to protect personal data from unauthorized
access, disclosure, alteration, or destruction.
5.4. Confidentiality. The Client agrees to keep confidential all proprietary information shared
during the Program, including but not limited to the Company’s teaching methods, Program
Materials, and discussions with other Program participants. The Client shall not share, disclose,
or reproduce such information without the Company’s prior written consent.
6. Intellectual Property Rights
6.1. Ownership of Program Materials. The Company is and will remain the exclusive owner of
all right, title, and interest in all Program Materials and related content (collectively, the“Company Materials”), including any copyrights, trademarks, trade secrets, or other intellectual
property rights.
6.2. Moral Rights Waiver. The Client waives any moral rights in content created by or with the
Company, acknowledging that materials may be edited, repurposed, or otherwise altered.
6.3. Copyright Enforcement. The Company retains the right to enforce intellectual property
rights and seek damages for unauthorized use of Program Materials.
7. Termination
7.1. Termination by Company. The Company may terminate this Agreement at any time with
notice to the Client.
7.2. Proportional Refunds. If the Company terminates the Agreement, a proportional refund
will be provided for Program Meetings not held. A proportional refund is based on the fee paid
by the Client divided by the total number of scheduled Program Meetings, multiplied by the
number of remaining meetings.
7.3. Refund Flexibility. If services cannot be rendered due to issues beyond the Company’s
control, the Company may issue refunds or reschedule Program Meetings.
8. Limited Liability
8.1. Limitations on Liability. The Company makes no guarantees, representations, or warranties
with respect to the Services. The Client waives any claims for liability against the Company,
including claims related to injuries, illnesses, or damages.
8.2. Service Interruptions. The Company is not liable for interruptions caused by technology
failures, platform outages, or unforeseen issues.
8.3. Indemnification. The Client agrees to indemnify, defend, and hold harmless the Company
and its officers, directors, employees, and agents from and against any claims, liabilities,
damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related
to the Client’s breach of this Agreement or misuse of the Services or Program Materials.
9. General Provisions9.10. Business Hours and Communication
The Company will communicate important Program updates via email and Telegram. While the
She Makes It Happen Telegram Group 2025 is actively monitored, please note that real-time or
immediate responses are not guaranteed. Clients are expected to engage respectfully within
the group and understand that communication is intended to support the collective Program
experience.
The Company observes all major U.S. holidays and reserves the right to close or pause services
for vacation, rest periods, or planned breaks. Any extended closure will be communicated in
advance via email or Telegram.
9.1. Notices. Each Party shall deliver all notices, requests, consents, claims, waivers, and other
communications under this Agreement (“Notices”) by e-mail addressed to the other Party at the
e-mail addresses set forth below (or to such other e-mail address that the receiving Party may
designate from time to time in accordance with this Section).
Joselyn Martinez Inc.:
E-mail: [email protected]
Client: To the e-mail address included in the registration form for the Program.
Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving
Party has received the Notice and (b) the Party giving the Notice has complied with the
requirements of this Section. Should there be a change to the contact information above, both
Parties agree to inform the other Party immediately after such changes are made.
9.2. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of New York. The Company and the Client consent to the
exclusive jurisdiction of the state and federal courts located in New York County, New York, for
resolving any disputes arising out of or relating to this Agreement.
9.3. Dispute Resolution and Attorneys’ Fees. If a dispute arises out of or relating to this
Agreement that cannot be resolved by mutual consent, the Parties agree to attempt to mediate the
dispute in good faith for up to three (3) days after notice is given by one Party to the other. If the
dispute remains unresolved after mediation, the prevailing Party in any resulting legal action
shall be entitled to recover reasonable attorneys’ fees and court costs from the non-prevailing
Party.9.4. Severability. If any provision of this Agreement is found to be invalid, illegal, or
unenforceable, the remaining provisions shall remain in full force and effect. The invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law.
9.5. Waiver. The failure of either Party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict
compliance with every provision of this Agreement.
9.6. Force Majeure. Neither Party shall be liable or responsible to the other Party, nor be
deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling
or performing any provision of this Agreement when and to the extent such failure or delay is
caused by or results from acts beyond the affected Party’s reasonable control. Such acts include,
but are not limited to:
(a) acts of God;
(b) flood, fire, earthquake, or explosion;
(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or
other civil unrest;
(d) government order or law;
(e) actions, embargoes, or blockades in effect on or after the date of this Agreement;
(f) actions by any governmental authority;
(g) epidemic or pandemic; and
(h) national or regional emergencies.
The Party experiencing such an event shall use reasonable efforts to notify the other Party within
two (2) days of the event and work together in good faith to arrange substitute Program Meetings
or otherwise mitigate the impact of the event.
9.7. Assignment. This Agreement may not be assigned by the Client, in whole or in part, without
the prior written consent of the Company. Any such assignment or attempted assignment without
consent shall be null and void. Subject to the foregoing, this Agreement shall be binding upon the
Parties and their respective successors and permitted assigns.
9.8 Headings. Headings used throughout this agreement are for administrative convenience only
and will be disregarded for the purposes of construing and enforcing this agreement.
9.9. Entire Agreement. This Agreement expresses the final, complete, and exclusive agreement
between the Company and the Client and supersedes any prior or contemporaneous agreements,
understandings, or communications between the Parties relating to the same subject matter. This
Agreement may only be amended by a written agreement signed by both Parties.
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Please confirm that you have read and understood the terms of this Agreement by clicking the “I
Agree” button below. On behalf of the Company, I look forward to your participation in theÂ
Program.
Joselyn Martinez
JoselynMartinez Inc.
