Terms of Use: Mindful Self-Compassion Weekend Experience
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Mindful Self-Compassion Weekend Experience outlined below (hereinafter “Participant”) agree and willingly purchase entry into this coaching program, to be provided with services rendered by Becky Sherman, PhD acting as part of Elizabeth Sherman, a sole proprietor in Washington State (hereinafter “Facilitator”), and you agree you are voluntarily entering into a legally binding Agreement with Facilitator, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of three hundred dollars ($300) Participant has agreed to purchase the Mindful Self-Compassion Weekend Experience (hereinafter “Program”). In exchange, Facilitator agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
Program Outline:
Participant agrees and understands that they are purchasing a 2-day experience of Mindful Self-Compassion facilitated by Dr. Becky Sherman.
Participant acknowledges that they have read the Program Outline Addendum and conducted any additional research necessary to feel they understand what is being provided in the Program as well as what is not included. Participant agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Facilitator’s website.
Confidentiality
Facilitator respects each participant’s privacy, and will not reveal anything said by Participant in coaching sessions without prior written consent from Participant, other than in the following scenarios:
Suspected abuse to another individual or self, with your written permission, fee or contractual dispute, unintentional breach due to electronic or online communication (including but not limited to e-mail, Facebook messenger, Instagram direct messaging, WhatsApp), and phone and video recorded sessions.
This Agreement is considered a mutual non-disclosure agreement, meaning both Participant and Facilitator agree not to disclose, reveal, or make use of any confidential information they may learn about either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Participant learns as a result of working with Facilitator, plans or outlines for future programs or packages, information contained in documents or any other original work created by Facilitator, and any and all other intellectual property (discussed below.) Participant understands and acknowledges that this information is not to be openly shared with others who have not participated in Facilitator’s program, and agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program. Participant agrees that they will be in violation of these Terms of Use if they use any of the Content outlined as their own material or repurposes and uses the Content in their own coaching business without express written permission of Facilitator. Participant also understands and agrees they will not disclose or use any information provided to Participant during coaching sessions, discussions, or otherwise.
Participant and Facilitator agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Participant working with Facilitator shall survive the expiration of this Agreement and Facilitator’s services. This means Participant and Facilitator both agree to continue to keep Confidential Information private, even after the completion of working with Facilitator.
Should Participant breach this provision and disclose confidential or proprietary information belonging to Facilitator or another participating in the Program, Participant understands additional action may be taken by Facilitator up to and including legal action.
If any services within Program include sessions via phone, Skype, or any other form of online video or audio session, Participant understands the risks and potential consequences of such sessions, including but not limited to the possibility that the transmission of information could be distorted, interrupted, or accessed by unauthorized persons. Participant gives their informed consent to engage in phone or online video sessions as part of their coaching package.
Participant also understands that due to the “group” nature of the Program, they may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other participants within the same group program via the community chat board available to all members within the membership portal. Participant understands and agrees they will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another participant in the group program. Participant understands if they violate this provision, they may be liable to the third-party group member for infringement. Participant will hold Facilitator harmless from any such third-party action taken against Participant for such infringement or disclosure.
Testimonials
Facilitator may request Participant provide a testimonial to be published on Facilitator’s website, or on various sales materials for this or another Program created by Facilitator. Participant understands that they are not required to give any testimony and understands that the choice to do so is freely up to Participant. There will be no ramifications or change in relationship between Facilitator and Participant if Participant refuses testimonial.
If Participant accepts and provides Facilitator with a testimonial, Participant understands the material, along with a photo of Participant, will likely be published on Facilitator’s website or otherwise. Should Participant agree to provide a testimonial, Participant will agree to review and sign an additional Release, confirming same, and confirming Facilitator’s rights to use Participant’s testimonial. No payment or additional services will be provided in return for Testimonial, and Participant understands they are granting Facilitator an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Facilitator as part of a Testimonial.
Payment and Payment Plans
Participant understands the cost of the program is three hundred dollars ($300), which is payable up front and in full. Participant agrees to render payment via credit card. Participant understands they are responsible for the full payment and agrees to pay the sum requested electronically, via Facilitator’s website or a designated third-party payment processor of Facilitator’s choosing, in full. Absent an agreement regarding a payment plan with Facilitator, Participant must complete payment in full before becoming entitled to any products or services included within Program.
Refund Policy
Due to the subjective nature of the Program provided by Facilitator, and Facilitator’s inability to control Participant’s availability, motivation, external forces, financial situation, or level of engagement in Program, Facilitator is not able to offer refunds once Participant has purchased the program. If Facilitator is somehow unable to provide services as outlined on sales page, regardless of Participant results, Facilitator or her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If Facilitator is not able to reschedule, and no suitable alternative form of service is available, Participant may be entitled to a partial refund, depending on the amount of work Facilitator and Participant were able to complete. If partial services were performed, Facilitator and Participant may come to an agreement whereby a partial refund is issued, at Facilitator’s discretion.
Medical Disclaimer – Not Medical or Professional Advice
The goal of Program is to provide learning modules. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment. Participant understands and agrees that while Facilitator is a licensed psychologist in the state of Washington and has been trained and educated to provide psychotherapy services, Program offers coaching services only, separate and apart from Facilitator’s professional practice. There are no counseling or therapy-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) counseling or therapy services. Participant’s enrollment into Program does not make them Facilitator’s patient, and no therapist-patient relationship is being formed. Facilitator is not attempting nor suggesting Participant enroll in Program in place of a personalized consultation with a licensed psychologist in your geographical area. Program is not intended to be a substitute for medical treatment or therapy/counseling, nor is Program designed to provide Participant with a medical diagnosis, treatment, or other medical services. Participant understands and agrees Program is not providing any medical advice, is not providing any counseling or therapy services, is not a substitute to Participant seeking personalized therapy for herself, nor is it attempting to diagnose or treat any mental or physical medical conditions.
Facilitator encourages Participant to consult a physician and/or a licensed therapist if they suspect they may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician or therapist and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
7. Discontinuation of Program
Program does not provide any medical advice, treatment, or counseling/therapy services to Participant. If at any point during Program, Facilitator believes Participant to be in need of therapy treatment or other counseling services, Facilitator will advise Participant of this, and offer to provide a referral to a licensed professional, if Facilitator knows of one in Participant’s geographical area. Participant has the right to refuse this referral and ignore the recommendation; however, Participant may be asked to discontinue use of Program for their own well-being, until such treatment can be provided. Should Participant wish to disregard Facilitator’s recommendation and wish to continue with Program, Participant agrees to sign an additional waiver confirming this information.
If Participant has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Facilitator, and may or may not be offered.
8. Voluntary Participation
Participant understands and agrees that they are voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Facilitator believes in her services and that Program is able to help many people, You acknowledge and agree that Elizabeth Sherman is not responsible nor liable to Participant should Participant sustain any injuries, incur harm, or encounter any negative ramifications. Participant agrees that they are fully responsible for their health and well-being, including participation in Program and any results therein.
9. Disclaimer / No Guarantees
Participant understands that they must actively participate in the full Program in order to see results; however, results are not guaranteed. While many of Facilitator’s past and current participants have experienced wonderful benefits from the Program, and Facilitator and her team will act in their full capacity to ensure your success and happiness in the Program, Facilitator cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Participant will hold Facilitator and Program harmless if they do not experience the desired results.
Earnings Disclaimer: Facilitator also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Facilitator responsible for Participant earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current participants’ participation in programs, or working with Facilitator contained on Website or in sales material that contain financial information are individual, and results may vary.
Participant understands that all services provided by Facilitator in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Participant is choosing to purchase this Program and work with Facilitator on a purely voluntary basis and does not hold Facilitator or Program responsible should Participant become dissatisfied with any portion of the Program.
Participant agrees that they do not have a cause of action, legal remedy, and is not entitled to a refund should they not achieve the results desired following completion of the program, as long as Facilitator delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Facilitator and Participant.
Participant agrees to hold Facilitator harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Facilitator on her website and within the Program is comprised of information that has worked for Facilitator and other participants, and may or may not be useful to Participant in their personal business or life. Participant understands Facilitator cannot guarantee results from this Program, and has no expectation of a specific result that they hold Facilitator responsible for.
10. Waiver/Assumption of the Risk
Participant understands they are entering into a Program for the purpose of achieving a desired health, fitness, professional, or personal goal through Facilitator’s Program. Participant confirms they are entering into this Program voluntarily and of their own free will.
Participant certifies they have or will be evaluated by their personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related program with Facilitator. If Participant elects not to obtain this medical clearance prior to beginning Program, they understand the potential ramifications of such actions and agree not to hold Facilitator responsible for any such injuries or negative consequences.
Participant understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Participant agrees they are aware of and assuming these risks in order to voluntarily proceed with Facilitator’s Program. Should any such incidents occur, Participant understands it is of no fault or responsibility of Facilitator, and agrees Facilitator is not liable.
11. Intellectual Property
Participant agrees and understands that Facilitator has created numerous original, creative works in connection with the Program, and agrees that Facilitator maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Participant or specifically for Participant, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Facilitator. Participant agrees they may be granted a limited right to use selected materials in the course of their own business, but understands that the original proprietary rights remain with Facilitator. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Facilitator to Participant, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Participant agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Facilitator or obtained through working with Facilitator, without Facilitator’s express written consent. If such behavior is discovered or suspected, Facilitator reserves the right to immediately end Participant’s participation in the Program without refund, as well as access to any program or materials Participant may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Facilitator’s Limited License to Participant: Participant understands that in purchasing the Program, they are gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with them by Facilitator as she sees fit. Participant understands this means they will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in their business and life, as instructed or allowed by Facilitator. As a “Licensee,” Participant understands and agrees that Participant will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Facilitator; post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Facilitator, and understand that any such use may constitute infringement, which may give rise to a cause of action against Participant.
Claim any content created by Facilitator as part of the Program or otherwise given to Participant is their own, meaning they cannot claim any content created by Facilitator was Participant’s work, and use in their business as their own; share purchased materials, information, content with others who have not purchased them.
Participant further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
12. Indemnification
Participant agrees at all times to defend, fully indemnify and hold Facilitator and any affiliates, agents, team members or other party associated with Facilitator harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Participant’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from their actions as a direct or indirect result of Participant’s participation in Program. Should Facilitator be required to defend herself in any action directly or indirectly involving Participant, or an action where we decide Participant’s participation or assistance would benefit Facilitator’s defense, Participant agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Facilitator, free of charge.
13. Dispute Resolution
Should a dispute arise between Facilitator and Participant, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Participant agrees that failure to see results is not a basis for a “dispute” and agrees they do not hold Facilitator responsible for any specific results, or those results which have been achieved by other participants of Facilitator.)
If unable to reach a resolution informally, Participant and Facilitator agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Seattle, Washington within a reasonable amount of time. Participant and Facilitator agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
14. Applicable Law
This Agreement shall be governed by and under control of the laws of Washington regardless of conflict of law principles, and regardless of location of Participant. Participant understands this and agrees that the laws of Washington are to be applicable here.
15. Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Participant and Facilitator, or a party authorized to sign on behalf of either party.
PROGRAM OUTLINE ADDENDUM
Participant understands, acknowledges, and agrees they are purchasing the Mindful Self-Compassion Weekend Experience.
Once Participant has joined, the Program will run for a period of 2 consecutive days. During this time, Facilitator will provide the following products and/or services to all members within the group setting:
(2) 4-hour Zoom sessions consisting of brief teachings, guided meditations, and group sharing.
Participant has carefully read this Program Outline and acknowledges that they are aware of what is, and what is not included within this Program. Participant is aware that this Program Outline includes EVERYTHING included within the Program. If Participant expected additional information, products, services, or other information to be provided in this Program but does not see it here, Participant understands it may not be included. Facilitator is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.
By completing the online purchase and being charged the amount listed above, Participant confirms they have reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Facilitator and their team in order to feel appropriately educated of the Program and product/service being offered. Participant understands they will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.