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The Alchemy Lab Terms and Conditions

ACCEPTANCE OF THE TERMS

  1. PARTIES

In consideration of being permitted to participate in the The Alchemy Lab program (the “Services”), and the value you will gain by participating in the Services, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or the “Client”) and Molly Hamill Ferguson, a California company (hereinafter “Company”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”.

 

  1. ACCEPTANCE OF TERMS OF PURCHASE

The following Terms of Purchase (“Terms”) govern your use of and access to the Services. These Terms are legally binding and it is your responsibility to read them before you purchase the Services. By using and participating in the Services, you accept and agree to be bound and abide by these Terms.

By acknowledging this Agreement, submitting payment, or accessing the Program materials, Client agrees to the following terms:

  1. SCOPE OF SERVICES

(a) The Alchemy Lab includes the following services:

  • 4 calls per month (30-50 minutes in length)
  • A private community chat forum
  • Access to replays of calls

The Program services outlined above are referred to as the “Services” or “Program.”

(b) Program Duration:

The Services must be utilized during the twelve (12)-month duration of your Program term.

(c) Recordings of Group Sessions:

All sessions are recorded by the Company. If you are unable to attend a scheduled session, you will have access to the recording within 72 hours of the session. These recordings are for your personal use only and may not be shared or distributed without the Company’s written consent.

(d) Additional Services:

Any additional services provided by the Company to the Client may require additional fees to be discussed and agreed upon by the Parties.

  1. PAYMENT TERMS

(a) In full consideration of Company’s performance, her obligations and the rights granted herein, Client agrees to pay in full for the Services as set forth on Company’s website. All payments made by Client to Company are non-refundable. If Client elects to pay in monthly installments, payment shall be automatically collected by Company on a monthly basis. If Client elects to pay in monthly installments, Client may not terminate or cancel any future payment obligations. Due to the nature and immediate access to the Services, if Client discontinues participation in the Services, Client hereby agrees to remain responsible for all outstanding payments for the remainder of the Term. Payment will be collected by Company via Credit Card or PayPal through the Company’s website. You hereby give the Company authorization to charge your credit/debit card on file for any outstanding fees. Payment failure will result in termination of the Services, effective immediately. You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with your registration and participation in the Services are correct and that you are authorized to use such payment instrument. You may not resell, assign, or transfer your registration to participate in the Services.

Payment plans will be automatically charged each month on the date of original payment via credit card, ACH transfer, or PayPal.

(b) Late Payments:

Late payments are subject to a 3% late fee every seven (7) days overdue. Access to Services may be suspended for unpaid balances. Services will resume once overdue balances are paid in full.

(c) Payment Security and Chargebacks:

Client agrees not to dispute charges improperly. Chargebacks may result in additional fees, including legal costs, and termination of access to the Program.

There are no refunds. If you are purchasing Solid Gold Brand and for any reason you decide to leave before the full amount is paid off, you will be responsible for paying the difference of the full price of each program that has taken place since you first registered. If payments are late, you will be removed from any current program until payments are back in good standing.

If you are paying through a payment plan, you are responsible for completing each payment regardless if you leave the program or do not complete it in the time-frame provided. There are no refunds.

  1. CLIENT RESPONSIBLITIES
  • Actively participate in the Program
  • Implement strategies and tools provided by the Company
  • Notify Company promptly of conflicts
  • Refrain from sharing Program materials or group content published by other program members outside the Program

Client understands that success depends on their effort, participation, and application of Program resources.

  1. COMMUNICATION

All communication will be acknowledged/responded to within 24-48 hours during regular business hours, excluding weekends and holidays.

Technical issues: hello@mollyhamill.com
Coaching and program questions: https://web.voxer.com/u/mollyhamill

Program and content questions are not supported by email and should be directed to the group Voxer chat.

  1. CANCELLATION AND REFUND POLICY

(a) Cancellation Policy:

If you cancel your participation in the Services for any reason, we will not issue any credits or refunds of the registration or coaching session fee(s), without exceptions. If you elect to pay for the Services in monthly installments and you cancel your participation in the Services for any reason, you will remain responsible for all outstanding payments to the Company for the remainder of the twelve (12) month term.

The Company reserves the right to terminate this Agreement immediately if the Client engages in behavior deemed unprofessional, abusive, or disruptive to the Program or its participants. In such cases, the Client forfeits access to all Services and Program materials, and no refunds will be provided. The Client remains responsible for any outstanding Program fees as outlined in this Agreement.

The Program and Term cannot be paused or placed on hold for any reason without the written authorization of Company.

(b) Refund Policy:

Due to the nature of the Services, all sales are final. There are no refunds. No refunds will be issued for lack of participation, failure to achieve desired results, or changes in personal circumstances. Client’s failure to effectively participate in the Program is not grounds for a refund.

(c) Exceptions to Refund Policy:

If the Company is unable to deliver the agreed-upon services due to issues under its control (e.g., technical failures, unavailability of staff, or other preventable circumstances), the Client may be entitled to a partial or full refund, at the Company’s discretion, for services not rendered. Any refund will be calculated based on the portion of the Program that was undelivered.

(d) Rescheduling of Sessions:

Group sessions/calls will be scheduled by the Company. If the Client cannot attend a scheduled call, the Client may inform the Company; however, the call will take place at the scheduled time. The Client will receive access to a recording of the call within 72 hours of the call taking place. The Client is not entitled to a partial or full refund in the event that the Client misses a live call.

  1. NO GUARANTEES

Company does not guarantee specific results, as success depends on Client’s efforts and participation. We cannot guarantee the outcome of the Services and/or participation in the Program. We make no guarantees other than that the Services described in the Scope of Services section of this Agreement shall be provided to you in accordance with this Agreement. Client acknowledges that Company cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company in marketing materials are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.

Company cannot and does not give any guarantees on results or earnings with our information, courses, programs, masterminds, coaching, plans, tools or strategies.

You recognize and agree that nobody and nothing part of the Company brand has made any implications, warranties, promises, projections, representations, or guarantees whatsoever to you about future earnings, or that you will earn any money, with respect to your purchase of Company programs, courses, trainings, masterclasses or coaching and that we have not authorized any such implication, promise or representation by others. There are no guarantees of results or future earnings.

We may reference our own sales figures and in some cases the sales figures of our previous or existing purchasers. Please understand that we are not guaranteeing your success, and that the results we reference are not typical or average. We are displaying these results for example purposes only. Individual earnings and results will vary, and depend on many factors, including your background, business experience, motivation and work ethic.

From time to time, and upon Client’s request, Company and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

Affiliate links. Company may provide Client with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

  1. CONFIDENTIALITY AND NON-DISPARAGEMENT

(a) Confidentiality:

Both parties agree to maintain the confidentiality of all non-public information shared during the Program. This includes, but is not limited to, personal information, business strategies, and proprietary materials. Client agrees not to disclose or share Program materials with third parties without the Company’s written consent.

(b) Non-Disparagement:

Client agrees to refrain from making defamatory, false, or disparaging statements about the Company, its employees, representatives, or services, as well as other participants, during and after participation in the Program. This does not restrict the Client from sharing honest reviews or assessments in a lawful and professional manner.

(c) Violations of Confidentiality:

Client acknowledges that any breach or threatened breach of confidentiality under this Agreement may cause irreparable harm to the Company, for which monetary damages may be inadequate. In such cases, the Company shall be entitled to seek injunctive relief or other equitable remedies to prevent further violations, in addition to any other remedies available under law.

(d) Client Features:

Notwithstanding the confidentiality obligations in this Agreement, the Company may choose to feature the Client’s likeness, achievements, or success stories on its website, social media channels, or marketing materials. The Client grants the Company permission to share such information, provided that any sensitive or confidential details are excluded unless explicitly approved by the Client in writing.

The Company agrees to provide the Client with a preview of any feature that directly identifies them prior to publication. Features that do not name or specifically identify the Client will not require prior approval.

Opt-Out: If the Client wishes to opt out of being featured after granting permission, the Client must provide written notice to the Company. The Company will make reasonable efforts to remove or cease using the Client’s information in materials published after this opt-out notice is received.

  1. INTELLECTUAL PROPERTY

Program materials are Company property and may not be reproduced, distributed, or shared without permission.

(a) Ownership of Materials:

The Program and all materials provided by the Company, including but not limited to course content, worksheets, frameworks, methodologies, audio/video recordings, templates, and proprietary tools (“Program Materials”), are the sole and exclusive property of the Company. All rights, title, and interest in the Program Materials remain with the Company and/or its licensors.

(b) Limited License:

The Company grants the Client a limited, non-exclusive, non-transferable, revocable license to access and use the Program Materials solely for the Client’s personal, non-commercial purposes. This license does not grant the Client any rights to modify, reproduce, distribute, or create derivative works from the Program Materials without the Company’s prior written consent.

(c) Restrictions on Use:

The Client agrees not to:

  1. Share, sell, resell, or distribute the Program Materials to any third party.
  2. Reproduce, modify, or create derivative works based on the Program Materials.
  3. Use the Program Materials for commercial purposes, such as delivering similar programs or training.
  4. Grant unauthorized access to the Program Materials to others, including sharing login credentials.

(d) Trademark Usage:

The Client acknowledges that any trademarks, service marks, logos, or taglines used in conjunction with the Program are owned exclusively by the Company. The Client agrees not to use these trademarks without the Company’s prior written authorization.

(e) Recordings and Digital Content:

All recordings of Program sessions, including but not limited to live calls, webinars, and other content, are owned by the Company. The Client may access these recordings for personal use during the term of the Program, as provided by the Company. Recordings may not be downloaded, reproduced, or distributed without the Company’s express permission.

(f) Breach of IP Rights:

The Client acknowledges that any unauthorized use or distribution of the Program Materials constitutes a breach of this Agreement and may result in immediate termination of access to the Program, legal action, and/or financial liability for damages.

Client agrees to not share access to the Program materials with others. This includes parties that have not purchased access to the Program, or any other third party that Company has not authorized access to.

  1. LIABILITY LIMITATIONS

Company’s liability is limited to the fees paid under this Agreement.

(a) Exclusion of Damages:

To the fullest extent permitted by law, the Company shall not be liable to the Client for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to this Agreement, even if advised of the possibility of such damages.

(b) Cap on Liability:

The Company’s total liability to the Client for any claim arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client to the Company under this Agreement.

(c) No Guarantees or Warranties:

The Client acknowledges and agrees that the Company makes no guarantees regarding specific outcomes or results from participation in the Program. All Services and Program materials are provided “as is” and without any warranty of any kind, express or implied, including but not limited to fitness for a particular purpose or non-infringement.

(d) Client Responsibility:

The Client accepts full responsibility for their use of the Program materials and Services. The Company shall not be held liable for any decisions or actions taken by the Client based on information provided through the Program.

(e) Exceptions:

The limitations of liability set forth in this section shall not apply to claims resulting from gross negligence, willful misconduct, or breaches of confidentiality by either party.

(f) Force Majeure

If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

  1. DISCLAIMERS

(a) No Professional Advice:

The Client acknowledges that the information presented in the Program is not legal, financial, therapeutic, mental health, or medical advice. The Company is not a law firm, healthcare provider, or financial advisor. All information provided through the Program and Services, including resources delivered via phone/video conference, email, online forums, live events, webinars, and video/audio recordings, is for educational and informational purposes only. Such information should not be used as a substitute for hiring licensed professionals in legal, medical, mental health, or financial fields.

(b) Licensed Professionals Within the Program:

If a coach or individual associated with the Program holds a professional license (e.g., JD, MD, RN, PA, LMFT, therapist, or mental health professional), the Client understands that such individuals are not acting in their licensed professional capacity. Any advice provided is intended solely for educational purposes and does not constitute professional consultation, diagnosis, or treatment.

  1. INDEPENDENT CONTRACTOR RELATIONSHIP

(a) Nature of the Relationship:

This Agreement establishes an independent contractor relationship between the Company and the Client. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. The Company provides services as an independent contractor and retains the right to determine the manner and means by which the Services are delivered, subject to the terms of this Agreement.

(b) Control and Autonomy  

The Company shall have full control over the methods, tools, and procedures used to deliver the Services and is not subject to the Client’s supervision or control. The Company is responsible for furnishing any necessary materials or equipment for performing the Services.

(c) Legal Compliance:

The Company agrees to comply with all applicable laws and regulations related to the provision of Services. Similarly, the Client agrees to ensure compliance with any legal obligations that may apply in the context of this Agreement.

  1. ENTIRE AGREEMENT AND MODIFICATIONS

These Terms are the entire agreement between you and us (Company) regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms).

This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by Company or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

  1. GOVERNING LAW

This Agreement shall be governed by the laws of the State of California as applied to contracts that are executed and performed entirely in California. The Parties agree that the exclusive venue for any proceeding based on or arising out of this Agreement shall be San Diego County, California. The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

  1. ASSIGNMENT 

This Agreement shall be binding on the Parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.

  1. NOTICES

All notices, claims, and demands made upon Company under this Agreement must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.

Notice to Company: Molly Hamill Ferguson
Attention: Molly Hamill
E-mail: molly@mollyhamill.com

  1. MEDIATION

In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in San Diego County, California or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.

  1. SEVERABILITY

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.