Spiritual Yogi’s UNSHAKABLE Group Coaching Intensive is brought to you by Quiet Mind Massage Therapy & Yoga Studio, LLC.
Quiet Mind Massage Therapy & Yoga Studio, LLC DBA: www.Spiritual-Yogi.com and Spiritual Yogi.
User agreement for Spiritual Yogi’s UNSHAKABLE group coaching intensive.
IMPORTANT: READ CAREFULLY. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT
A. YOU HAVE READ THIS AGREEMENT,
B. YOU UNDERSTAND IT, AND
C. THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between
Spiritual Yogi/Quiet Mind Massage & Yoga
www.Spiritual-Yogi.com
Ginger@Spiritual-Yogi.com
And CLIENT NAME
CLIENT Email address
(“YOU”, an individual)
Collectively the “Parties”
WHEREAS, Spiritual Yogi’s UNSHAKABLE Group Coaching Intensive/Quiet Mind Massage Therapy & Yoga Studio, LLC is engaged in this business of yoga instruction and client life coaching services; and
WHEREAS, YOU desire to engage Spiritual Yogi’s UNSHAKABLE Group Coaching Intensive/Quiet Mind Massage Therapy & Yoga Studio, LLC to provide life coaching services and yoga instruction to YOU in the form of Audio and/or Visual Online Yoga Practices and Meditations, Audio and/or Visual Video Presentations, Journaling and periodic group coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1 Programs: Under the terms of this Agreement, Spiritual Yogi UNSHAKABLE Group Coaching Intensive/Quiet Mind Massage Therapy & Yoga Studio, LLC agrees to provide life coaching services and yoga instruction to YOU in the form of Audio and/or Visual Online Yoga Practices and Meditations, Audio and/or Visual Video Presentations, Journaling and periodic group coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2 Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the 12-week Spiritual Yogi’s UNSHAKABLE Group Coaching Intensive/Quiet Mind Massage Therapy & Yoga Studio, LLC.
1.1.3 Termination: Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2 Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Ginger Dunaway $1,500 (or other agreed upon discounted price) for the 12-week Spiritual Yogi’s UNSHAKABLE Group Coaching Intensive/Quiet Mind Massage Therapy & Yoga Studio, LLC and thereafter, ongoing access to the curriculum for your future reference.
1.3 Refunds: Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC abides by a strict, 14-day refund policy. By accepting the terms of this Agreement, YOU agree and understand that once the 14-day period is over from the date of payment, you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund after the 14-day period from payment.
SECTION 2: NO WARRANTIES
2.1 Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC provides Program(s) related to life coaching and yoga instruction only and guarantees no specific results. YOU take full responsibility for YOUR own success.
2.2 Limited Liability: In no event will Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
The Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
SECTION 3: Confidentiality
3.1 Confidentiality: Only authorized users, who have duly attained access to any Programs offered by Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the System are the sole Intellectual Property of Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC, Spiritual Yogi’s UNSHAKABLE Group Coaching Intensive/Quiet Mind Massage Therapy & Yoga Studio, LLC and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of Spiritual Yogi’s UNSHAKABLE Group Coaching Intensive/Quiet Mind Massage Therapy & Yoga Studio, LLC, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Spiritual Yogi’s UNSHAKABLE Group Coaching Intensive/Quiet Mind Massage Therapy & Yoga Studio, LLC uses in connection with services rendered by Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC are marks owned by Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1 Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2 Indemnification: YOU will, at your own expense, defend, indemnify, and hold Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC relating to the Program, whether oral or written.
4.4. Amendment: Spiritual Yogi/Quiet Mind Massage Therapy & Yoga Studio, LLC reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at Spiritual-Yogi.com.
Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Alabama. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING (IF APPLICABLE), STRICT 14-DAY REFUND POLICY, AND CONFIDENTIALITY.
Personal Responsibility and Release of Healthcare-Related Claims
The client acknowledges that they take full responsibility for their life and well-being as well as the lives and well-being of their family and children (where applicable) and all decisions made during and after the Program. The Client expressly assumes the risks of the program, including the risks of trying exercises, practices and the risks inherent in making lifestyle changes. Client releases Coach from any liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which Client ever had, now has, or will have in the future against Coach, arising from Client’s past or future participation in, or otherwise concerning the program, unless arising from the gross negligence of Coach.
Disclaimer: The Client understands that the role of the Life Coach is not to provide healthcare, medical, or nutritional therapy services; or diagnose, treat, or cure any disease, condition, or other physical or mental ailments of the human body.
Instead, the Coach is a mentor and guide trained in life coaching to help Client reach their goals by devising and implementing positive, sustainable lifestyle changes.
The Client understands that the Coach is not acting as a doctor, registered dietician/nutritionist, psychologist, or other licensed or registered professional. Any advice given by the Coach is not meant to take the place of advice by these professionals. The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
In case of default payment, I am responsible for the total amount of the balance. I have read, understand, and accept the information and conditions specified in this agreement. The Client agrees to the above financial and cancellation policies. In the case of default payment, I am responsible for full payment of the balance, interest accrued, and any collection costs. I have read, understand, and accept the information and conditions specified in this agreement.
CLIENT SIGNATURE:
By signing up for this program you agree to this contract
DATE: Date that you signed up acts as date signed