Courses & Coaching

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. 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.