AGREEMENT AND WAIVER AND RELEASE OF LIABILITY
As consideration for participating in Breathwork, Coaching & Advisement with Kareen Zahr Walsh (BCAKZW), along with any of my affiliates (collectively, “You”), voluntarily enter into this Agreement and Waiver and Release of Liability (this “Agreement”) with Revampologist, LLC and Kareen Zahr Walsh (collectively, the “Company” or “We”).
1. Assumption of Risks. You understand that participating in BCAKZW entails inherent risks and challenges associated with an intensive program of personal and business development, including, but not limited to, physical, mental or emotional distress that may accompany significant life changes. You understand that the Company cannot and does not seek to eliminate all of these risks, in part, because they facilitate the educational and other objectives of BCAKZW. You expressly agree to assume all of the risks from my participation in BCAKZW, whether inherent or not and whether described above or not.
2. No Guaranteed Outcomes. You agree to behave professionally, courteously and respectfully. You acknowledge and agree that Your participation is the vital element to BCAKZW success. The Company makes no guarantee or warranty that BCAKZW will meet Your requirements or that all clients will achieve the same results. You understand that outcomes can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in BCAKZW. Joining BCAKZW does not guarantee that you will take any specific action and does not offer any guarantee of success. As such, You understand that the Company makes no guarantee, representation or warranty of any nature or kind that BCAKZW will be effective or will result in any particular outcome. You agree that You will not hold the Company responsible, in whole or in part, for any result that You do or do not achieve.
3. Disclaimer of Warranties; Waiver and Release. THE CONTENT FOR BCAKZW IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO BCAKZW INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM BCAKZW AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
THE COMPANY EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM BCAKZW. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY THAT LINKS TO OR FROM BCAKZW OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS PROVIDED BY BCAKZW. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS OF ANY THIRD PARTY. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO ANY OF BCAKZW’S INFORMATION, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
BCAKZW IS NOT A SUBSTITUTE FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. BCAKZW IS NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH BCAKZW. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED THROUGH BCAKZW.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
4. Indemnification. You, on behalf of your heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives (now, collectively, “You”), agree to indemnify, defend and hold the Company, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of this Agreement. You shall use your best efforts to cooperate with the Company in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by You.
5. Limitations, Including No Substitute for Medical Treatment. BCAKZW does not constitute behavioral health treatment, counseling, or the practice of psychotherapy. The Company is not responsible for any decisions made by You resulting from Your participation in BCAKZW. And, if You were to become involved in litigation, information revealed by You could be discoverable as there is no “coach-client privilege” in Connecticut.
6. Confidentiality. You agree not to disclose any teleconference bridge numbers or other access codes to any third party. To provide You with the highest quality of service, You understand that Kareen Zahr Walsh may discuss and receive coaching on certain topics anonymously and hypothetically with other coaches within Revampologist, LLC.
7. Non-Disparagement. You agree, both during and after the term of this Agreement, not to disparage, or make any disparaging remarks, or make remarks which could be construed as disparaging, or send any disparaging communications or communications which could be construed as disparaging concerning the Company, its respective reputation, business performance, and officers, directors, agents, and employees, to anyone.
8. Restrictions on Use; Limited License. All BCAKZW content provided by the Company to You (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is the Company’s property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used by BCAKZW is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) maintained by the Company for BCAKZW are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Content. No Content or any other Internet site owned, operated, licensed, or controlled by the Company may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to You does not include, and specifically excludes, any rights to: resell or make any commercial use of any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
9. Payment. You acknowledge that payment in full is required when invoiced based on amounts agree to below.
10. Termination by You. You understand that you are free to terminate BCAKZW at any time after signing this Agreement. You understand that if you terminate this agreement, abandon the program at any time, no refunds will be made. You will have access to the online program to review and utilize up to at least 12 months after the program commences to get the value out of what you have paid for.
Termination by the Company. Once BCAKZW has begun, should You violate any terms of this Agreement to which You have expressly acknowledged and agreed, the Company may, in its sole discretion, to terminate services. Upon removal from BCAKZW, You will not receive any refund. You understand that the terms of this Agreement shall survive Your removal from BCAKZW.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) PARTICIPATION IN BCAKZW OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY PARTICIPANT IN BCAKZW OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS’ FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO BCAKZW OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
13. Dispute Resolution; Limitation of Liability. In the unlikely event of a dispute arising from or relating to BCAKZW or this Agreement, the dispute shall be settled by binding arbitration, which will occur via telephone by an arbitrator that is mutually-approved by the parties. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs.
14. Miscellaneous. This Agreement shall be governed by the laws of the State of Connecticut without regard to its conflicts of laws provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement.
Each member of Revampologist, LLC is an express third-party beneficiary of this Agreement, fully entitled to enforce his or her rights hereunder.
No amendment, change or modification to this Agreement shall be valid unless it is in a writing signed by both parties.
This Agreement may be executed by an electronic, jpeg, PDF, facsimile or other digital method of signature, and all such methods of signature shall be fully binding.
By checking the box on the enrollment form and submission of payment has proven that You HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS.
Investment for the service you are electing will be charged according to your selection. By purchasing the offer, you are agreeing to the terms in this agreement.
All sales are final.
Authorization to charge based on the above investment election is authorized upon the submission of the enrollment form via PayPal or Square integration.