Courses & Coaching

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS 

 

Mind Body Dharma, LLC (herein referred to as “Company”) agrees to provide the Courses & Coaching (herein referred to as “Program”) as identified to the Client. By signing up for and purchasing this Program, Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

1. DISCLAIMER. Emily Schickli (herein referred to as “Coach”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, social media manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands that the Coach has not promised, shall not be obligated to and will not; (1) diagnose illnesses or act as or replace the advice of a trained medical provider; (2) procure or attempt to procure employment or business or sales for Client; (3) perform any business management functions, including but not limited to, financial consulting, social media management, or brand management (4) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (5) act as a public relations manager. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

2. FEES. The fee for the Program is dependent on where the Client signed up.

3. METHODS OF PAYMENT. Client agrees that the card added in the order form will be automatically charged by the Company on the day the payment is due. If payment is not received by that time or the card is declined, the Company reserves the right to deny access to the materials and/or chat.

4. CALL RESCHEDULING POLICY. The Client acknowledges that it is the Client’s responsibility to schedule any coaching calls (if applicable) within 12 months of purchase. The Client also acknowledges that no coaching calls (if applicable) will be rescheduled unless Client gives 24-hr advance notice or has an emergency. The Coach agrees to provide as much advanced notice as possible if that event occurs on her end.

5. VOXER SUPPORT. If applicable, any Voxer text and voice messaging support starts the moment the Client connects on Voxer to the Coach at mindbodydharma. Client understands it is the Client’s responsibility to connect with the Coach in order to make use of this benefit. Coach is not responsible for the Client remembering to connect with the Coach. Coach will respond to Client’s messages within 48 hours and during the business hours of Mon-Thurs from 9am to 5pm.

6. CONFIDENTIALITY. The Company respects Client’s privacy and insists that Client respects the Company’s, Coach’s, and other Participants' privacy as well. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by the Client, other Participants, or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information. Client agrees not to use such confidential information in any manner other than in discussion with the Coach during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement. Both Parties will keep Confidential Information in strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, the Coach will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this service, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

7. NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this service, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

8. CLIENT RESPONSIBILITY. Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. There is no guarantee that Client will reach their goals as a result of participation in the Program.

9. ASSUMPTION OF THE RISKS AND RELEASE. Client recognizes that there are certain inherent risks associated with the above described activity and Client assumes full responsibility for personal injury or loss of capital to the Client, and further releases and discharges the Coach and Company for injury, loss or damage arising out of the Client’s use of the services of the Company, whether caused by the fault of the Client, the Coach, the Company or other third parties.

10. INDEMNIFICATION. Client agrees to indemnify and defend the Coach and the Company against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of the services of the Company.

11. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

12. NO DURESS. Client agrees and acknowledges that the Client is under no pressure or duress to pay for this program and therefore agree to this Agreement and that the Client has been given a reasonable opportunity to review it. Client further agrees and acknowledges that Client is free to have legal counsel review this Agreement if Client so desires.

13. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.

14. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

15. DISPUTE RESOLUTION. The Parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, the Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

 

16. Purchases Disclosure Statement

By purchasing from our website, you agree to the following terms:

a. Product Descriptions: All products and services are described in detail with relevant images and specifications. Ensure you understand what you are purchasing.

b. Pricing and Currency: Prices are listed in USD. Confirm the currency before completing your purchase.

c. Refund Policy: All sales are final due to the digital nature of our products. Refunds are not offered unless explicitly stated on the product page.

d. Order Fulfillment: Digital products are delivered immediately upon purchase. Physical goods are shipped according to the timelines and methods specified on the product pages.

e. Contact Information: For assistance, contact us at [email protected].

f. Promotions and Discounts: Terms for promotions, discounts, or trial offers are disclosed at the time of purchase.

g. Payment Security: Payment information is processed securely in compliance with PCI standards. We use HTTPS and other security best practices.

h. Card Storage: You may opt to store payment information for future purchases with explicit consent during checkout.

17. International Users

The Service is controlled, operated and administered by MBD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for the compliance with all local laws. You agree that you will not use the MBD Content accessed through emilyschickli.com  and mindbodydharma.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

18. Indemnification

You agree to indemnify, defend and hold harmless MBD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of any terms of his Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MBD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MBD in asserting any available defenses.

19. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY  BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MBD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

20. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MIND BODY DHARMA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MIND BODY DHARMA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MIND BODY DHARMA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIND BODY DHARMA, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISIONS OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIND BODY DHARMA, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

21. Disclaimer

Mind Body Dharma (herein referred to as “Coach”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, social media manager, registered dietician, financial analyst, psychotherapist or accountant. User understands that the Coach has not promised, shall not be obligated to and will not; (1) diagnose illnesses or act as or replace the advice of a trained medical provider; (2) procure or attempt to procure employment or business or sales for User; (3) perform any business management functions, including but not limited to, financial consulting, social media management, or brand management (4) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (5) act as a public relations manager. User understands that a relationship does not exist between the parties after the conclusion of a coaching program. If the Parties continue their relationship, a separate agreement will be entered into.

22. Termination/Access Restriction

MBD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice: To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the SIte. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, without limitation, this section.

You agree that no joint venture, partnership, or agency relationship exists between you and MBD as a result of this agreement or use of the Site. MBS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MBD’s right to comply with governmental. Court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the EM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MBD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MBD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

23. Changes to Terms

MBD reserves the right, in its sole discretion, to change the Terms under which emilyschickli.com and mindbodydharma.com is offered. The most current version of the Terms will supersede all previous versions. MBD encourages you to periodically review the Terms to stay informed of our updates.

24. Contact Us

MBD welcomes your questions or comments regarding the Terms:

Email Address: [email protected]

25. TERM. This release is applicable for the Courses & Coaching provided by the Company from the time of the signing of this release until the end of time.

CLIENT AGREES TO ALL OF THE ABOVE WHEN CLIENT PURCHASES COURSES & COACHING.