Carefully read the following terms and conditions of MV Coaching User Agreement, Disclaimer & Disclosure. If you agree with these terms, indicate your acknowledgment above.
MV COACHING USER AGREEMENT
IMPORTANT: READ THIS CAREFULLY BEFORE ACCESSING OR USING MARI VASAN’S/MV COACHING’S PROPRIETARY MATERIALS, WHICH INCLUDES ANY AUDIO AND/OR VISUAL PRESENTATIONS, AND/OR PROGRAMS ASSOCIATED WITH MARI VASAN.
BY ACCESSING OR USING THE PROGRAM, YOU ACKNOWLEDGE THAT:
1. YOU HAVE READ THIS AGREEMENT WHICH INCLUDES THE MV COACHING USER AGREEMENT AND THE MV COACHING DISCLOSURE AND DISCLAIMER AGREEMENT (THE “D&D AGREEMENT”) AND,
2. YOU UNDERSTAND THEM, AND
3. YOU ACCEPT AND AGREE TO BE BOUND BY THEIR TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THE D&D AGREEMENT AND THIS AGREEMENT, YOU CANNOT ACCESS OR USE ANY OF MARI VASAN’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH MARI VASAN, AND YOU WILL CONTACT US IMMEDIATELY AT [email protected].
[AGREEMENT, DISCLOSURE AND DISCLAIMER FOLLOWS]
You are entering into (the “Agreement”) by MV Coaching, LLC (“MV COACHING”),
(“YOU” or “YOUR”) (collectively the “Parties” and individually “Party”).
WHEREAS, MV COACHING is engaged in the business of HypnoCoaching.
WHEREAS, YOU desire to engage MV COACHING to provide an online course and/or coaching services to YOU in the form of webinars, audio and/or visual presentations, movement sessions, hypnosis, and potential personal coaching and evaluation.
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Program. Under the terms of this Agreement, MV COACHING agrees to provide hypnocoaching services to YOU in the form of webinars, audio and/or visual presentations, (the “Program”) in exchange for a fee (the “Program Fee”), which will be determined according to Paragraph 1.2 below. Your access to the Program is conditional on MV COACHING’s receipt of the Program Fee.
1.1.1. Term. This Agreement will commence upon YOUR acceptance of this Agreement and payment of the Program Fee. YOU agree and understand that upon commencement of this Agreement, you will become enrolled in the Program.
1.2 Program Fee. By entering into this Agreement, YOU agree and understand that you are
committing to pay MV COACHING
A. One (1) Immediate Payment of $995.00
The Program Fee is for the entire program “REBOOT, UPGRADE & REIGNITE”, which includes eight (8) online modules plus associated online resources and email support. You will have free access to the online modules. The Fee described in (A) above will be payable in full prior to you receiving the course for that 12 months after that, you can choose to subscribe to continued access for a fee of just $50 per month.
1.3. Promotional Material. By entering into this Agreement, YOU affirmatively agree and acknowledge that MV COACHING may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, YOUR experience in the Program, including any specific results experienced by YOU over the course of YOUR participation. YOU agree and acknowledge that this includes any written statements you may publish through social media accounts and online forums, as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event related to the Program. YOU further represent and warrant that any statements or testimonials that you make shall be correct, accurate, and truthful. Additionally, YOU irrevocably and permanently grant, assign and convey to MV COACHING in perpetuity the right to use, film, broadcast, distribute, license and sublicense, and exhibit in any form now or later developed, including publications for promotion on website entries and social media sites, YOUR name, likeness, image, photograph, voice, and video as related to and in conjunction with YOUR attendance of any Program event and/or participation in the Program (collectively “THE Materials”). THE Materials may include video of your participation in Program sessions. YOU irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of THE Materials.
1.4. Commitment to the Program. By entering into this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program to the best of YOUR ability. YOU also acknowledge that creating results requires sustained effort and that YOU are prepared and committed to faithfully make that effort.
SECTION 2: INDEMNIFICATION AND NO WARRANTIES
2.1. Success not Guaranteed. By entering into this Agreement, YOU agree and understand that MV COACHING is only granting YOU access to the Program, which attempts to teach YOU techniques intended to help YOU take control of YOUR emotional wellbeing. MV COACHING guarantees no specific results. YOU take full responsibility for YOUR own success. YOU acknowledge that everyone's success is different and depends on numerous factors, including, but not limited to, YOUR own dedication, openness, coachability, resourcefulness, and motivation. Any examples of testimonials are not meant as a promise or guarantee of YOUR success, and YOU should not rely upon them in any manner whatsoever. Please be aware that YOU are completely and totally responsible for YOUR own success, and there is a risk YOU may not achieve the results you want or that others achieve.
2.2. Disclaimer of All Warranties. WITHOUT LIMITATION OF THE WAIVER OF WARRANTIES PROVIDED IN THE D&D AGREEMENT, MV COACHING HEREBY FURTHER DISCLAIMS, IN CONNECTION WITH THE PROGRAM, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS-IS” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER.
2.3. Limited Liability. In no event will MV COACHING be liable to YOU or any party related to YOU for any damages, including damages related to a decline in mental or physical health, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if MV COACHING has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.4. Indemnification. YOU will, at YOUR own expense, defend, indemnify, and hold MV COACHING, its officers, members, managers, agents, attorneys, subcontractors, and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with YOU being granted access to the Program, this Agreement and/or MV COACHING’s provision of any service.
SECTION 3: Confidentiality
3.1. Confidentiality. Subject to the terms and conditions herein, only YOU are being granted access to the Program, during which you will be exposed to MV COACHING’S proprietary and/or confidential information (collectively “Confidential Information”). Unless specifically and expressly authorized by the Company in a consent, YOU shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of MV COACHING’s Confidential Information, including, but not limited to, materials (whether in electronic form or made available to YOU in private social media groups, or otherwise), documentation, techniques, formulas, methods, processes, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials. YOU agree to (i) hold the Confidential Information in trust and not to disclose the Confidential Information; and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement. MV COACHING (or its licensor) shall at all times retain all rights, ownership, title, and interest in any MV COACHING’s Confidential Information.
3.2 Intellectual Property. YOU acknowledge that any and all intellectual property, including -- but not limited to, Confidential Information, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program (collectively the “Intellectual Property”) -- is the sole intellectual property of MV COACHING. YOU further acknowledge and agree that, as between YOU and MV COACHING, MV COACHING and its third-party licensors own and shall continue to own all right, title, and interest in and to the Intellectual Property. 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 any Intellectual Property or any intellectual property rights of MV COACHING, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that MV COACHING uses in connection with services rendered by MV COACHING are marks owned by MV COACHING. This Agreement does not grant YOU any right, license, or interest in such marks or Intellectual Property, and YOU shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto.
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. Integration. This Agreement, along with any additional terms or policies incorporated herein by reference, including the D&D Agreement, represents the entire Agreement between YOU and MV COACHING concerning the Program, and this Agreement and the D&D Agreement supersede and replace any prior proposal, representation, promise or understanding relating to the Program, whether oral or written. YOU represent, warrant and agree that YOU are not relying upon any prior proposal, sales call, representation, promise or understanding relating to the Program, whether oral or written. While this Agreement and the D&D Agreement are intended to be read as one agreement, in the event of an express conflict between the terms of this Agreement and the D&D Agreement with respect to the Services, this Agreement will govern with respect to such Services to the extent of such conflict.
4.3. Modification. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and is modifiable only by a duly signed written instrument.; however, MV COACHING reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.MariVasan.com.
4.4. Waiver; Binding Effect; Counterparts. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of MV COACHING, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure of MV COACHING to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorized to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the Parties and their heirs, legal representatives, successors, and assigns.
4.5. Governing Law and Jurisdiction. This Agreement and any disputes relating to this Agreement shall be governed and construed in accordance with the laws of the United States of America and the State of Florida, without regard for its conflicts of laws principles. Disputes will be resolved as provided for under “Dispute Resolution” in the D&D Agreement.
4.6. Remedies. In the event of a breach or threatened breach by YOU of any of the provisions of this Agreement, YOU hereby consent and agree that MV COACHING shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
4.7. Enforceability; Severability; Construction. The invalidity of any portion of this Agreement whether declared invalid by a court or otherwise shall not affect the validity of the remainder of the Agreement. If a court of competent jurisdiction should find the provisions of any provision of this Agreement to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.
DISCLOSURE AND DISCLAIMER
NOTICE - This is a legally binding agreement that affects your legal rights. Please read carefully.
I wish to obtain services offered by MV Coaching, LLC, a Florida limited liability company (the “Company”), which may include life or relationship coaching, guided meditation, hypnosis, breathing exercises, movement and dance, as well as other services deemed helpful by MV Coaching and me (collectively, the “Services”).
In consideration for being allowed to participate in Services provided by MV Coaching, the receipt and sufficiency of which is hereby acknowledged by the Participant, I hereby agree with MV Coaching, to the fullest extent permitted by law, to the following:
A. PARTICIPANT REPRESENTATIONS: I hereby make the following representations and warranties to the Company prior to my receipt of the Services, and agree to notify the Company, prior to the receipt of any further Services should any of the foregoing become untrue:
• I am at least eighteen years old and have not been declared legally incompetent.
• I am voluntarily receiving, and participating in, the Services.
• I have no severe medical, physical, or mental or emotional health conditions that would preclude me from receiving the Services, or that would cause the Services to have an adverse effect on me.
• I have never been diagnosed with or treated for epilepsy or any psychosis (i.e. schizophrenia), nor do I believe that I suffer from epilepsy, psychosis or a similar ailment.
• I do not have any current medical issues that would put me at risk for listening to hypnosis audios or doing movement sessions.
• I am not participating against medical advice.
• I am solely responsible for notifying the Company of any changes to my health, which could affect my ability to participate in the Services in a reasonably safe and healthy manner.
• I am hereby expressly acknowledging that the course utilizes hypnosis to help bring about change.
B. PARTICIPANT ACKNOWLEDGEMENTS AND CONSENTS:
• I acknowledge that hypnosis is a method of voluntarily inducing a pleasant state of relaxed concentration, during which the conscious mind is relaxed and relatively inactive, and the subconscious mind is more receptive.
• I acknowledge that hypnosis as well as coaching, is a collaborative and cooperative process. I understand and agree that results from the Services depend in part on my participation, and I assume full responsibility for my actions or inactions that relate to any Services.
• I acknowledge that no one can be hypnotized against their will, and accordingly that I must be a willing hypnosis subject. I further acknowledge and agree that under hypnosis I cannot be made to do anything I am not willing to do, and that a hypnosis subject must be willing and cooperative for hypnosis to work. I accept full responsibility for the consequences of my receipt of, and participation in, the Services.
• I understand that, while hypnosis is a tool for positive change, unknown individual risks and circumstances can arise from my receipt of the Services that cannot be foreseen and that can influence or reduce results. Accordingly, I recognize that I could experience negative reactions from the Services, and accordingly, I accept any and all risks for any adverse reactions that I may have.
• I acknowledge and agree that hypnosis as offered by the Company is not a medical treatment, but a process whereby an individual is taught to use his or her abilities for his or her own benefit.
• I acknowledge and agree that hypnosis is not, and is not a replacement for, medical treatment, psychological or psychiatric treatments, or counseling.
• I acknowledge and agree that MV Coaching and/or hypnosis does not treat, prescribe for, or diagnose any condition, and that MV Coaching strongly recommends that I inform my doctors and therapists of my use of coaching and hypnosis.
• I understand that the Practitioner is a facilitator of hypnosis and is not practicing any profession that requires a license under the laws of the State of Florida, nor is the Practitioner a “therapeutic hypnotherapist,” as that term is defined under the laws of the State of Florida.
C. NO WARRANTIES
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I EXPRESSLY UNDERSTAND AND AGREE THAT MY USE OF THE SERVICES IS AT MY SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
D. NO GUARANTEES
I acknowledge and agree that no promise or guarantee of any outcome has been made between me and the Company or any or its affiliates, owners, managers, employees, shareholders, officers, directors, other personnel, representatives, agents or independent contractors (collectively, the “Company Persons”). I agree and understand that the Company is providing Services that attempt to teach me techniques that are intended to help me take control of my emotional wellbeing. I acknowledge that everyone's success is different and depends on numerous factors, including, but not limited to, their own dedication, openness, and motivation, among many other factors. I understand that the Company guarantees no specific results, and there is a risk I may not achieve the results I want or that others achieve.
E. LIMITATION OF LIABILITY
The Company will not be held responsible or liable in any way for the Services, including (without limitation) for any damages, injury or economic loss arising from or related to the Services.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY COMPANY PERSON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF PARTICIPANT’S USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR GROSS NEGLIGENCE, AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF $100 OR A REFUND OF ALL, PRODUCTS OR SERVICES PUCHASED BY YOU IN THE LAST TWELVE (12) MONTHS.
F. DISPUTE RESOLUTION
The Company hopes that should it and the Participant ever have any differences, they could be worked out amicably. However, should the Company and I be unable to seek resolution within a reasonable time, I agree with the Company that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with by JAMS’ current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Prior to seeking arbitration, I agree to send an e-mail to the Company and include all of my reasons for dissatisfaction with the Services. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. I also agree that should arbitration take place, it will be held in Palm Beach County, Florida, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. I further understand and agree now that the only remedy that can be awarded to me through arbitration is $100 or the full refund of Participant’s payments made to the Company for the Services in the last twelve (12) months. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to me. I agree with the Company that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. I also agree that this agreement shall be construed with the laws of the State of Florida.
In the event of a dispute between me and the Company, I agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage the Company, any Company Person, the Services, or any of the Company’s programs, products, or services. Where requested by law or arbitration, of course, I am not prohibited from sharing my thoughts and opinions as a part of the legal process.
If any terms of these foregoing arbitration terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
G. INDEMNIFICATION
I agree at all times to defend, indemnify and hold harmless the Company, as well as any and all Company Persons, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Services, or Participant’s breach of any obligation, warranty, representation or covenant set forth in this agreement or in any other agreement between me and the Company.
H. Release of Claims
By using the Services, I hereby fully and completely hold harmless, indemnify and release the Company and each of the Company Persons, and anyone otherwise affiliated with the Company’s business, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Services.
I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ AND UNDERSTAND ITS TERMS, AND I KNOWINGLY AND VOLUNTARILY EXECUTE IT UNDER MY OWN FREE WILL, WITHOUT RELYING ON ANY OTHER ORAL OR WRITTEN STATEMENT OR REPRESENTATION OF THE COMPANY. I AM AWARE I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.