Embrace Her & Thrive Terms and Conditions
This SERVICE AGREEMENT (“AGREEMENT”) is made as of by and between Embrace Her & Thrive, a Maryland company, (“EHT” or “Company”), and (the “Client”) (collectively referred to herein as the “Parties”, and each a “Party”).
TERMS OF PARTICIPATION
Please read carefully. By purchasing this product, you agree to follow the terms stated herein.
PROGRAM/SERVICE
Embrace Her & Thrive agrees to provide the Program, “Embrace Her & Thrive”, identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
DISCLAIMER
Client understands Katrina Williams a.k.a. Dr. Kat ("Consultant") is not an employee, doctor, course therapist, registered dietician, or psychotherapist. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment with Client; (2) act as a doctor providing medical advice, diagnosis, or treatment; (3) act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy; 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.
FEES
a) In consideration of the provision of the Company’s services and unless terminated sooner under the terms of this Agreement, Client shall pay to the Company a service fee , which is reflected in section b of the “Fees” section.
b) The fee for Embrace Her & Thrive is paid in 1 payment of $779 (due today).
c) If a payment plan is agreed upon between the Client and the Company, you are responsible for all payments due plus any additional fees.
d) If Client elects to make installments, Client authorizes the Company to charge Client’s credit card or debit card. If Client elects to pay in full, Client may pay by credit card or debit card.
QUALITY OF WORK GUARANTEE
The Company guarantees the quality of the Program. Client understands there are no guarantees to outcomes due to variables outside of the Company’s direct control.
CANCELLATION POLICY
The program is non-cancelable and non-refundable for everyone who enrolls in the Program. Client may request to postpone, delay, and or enroll in the next scheduled program without penalty due to reasons including; but not limited to natural disasters, religious observances, and vacations. Client understands that payments are due as specified in the current payment plan, regardless of a delay request or other issues. All delay requests are discretionary as determined by Embrace Her & Thrive.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS IN THE PROGRAM:
This program offers personal development, wellness, health, mindset, and authentic living information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your physical or mental health, you should always consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health related advice from your health-care professional because of content in the program. The use of any information provided in the program is solely at your own discretion.
Nothing stated or posted in the program or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Lastly, as you gain insight you may notice physical feelings and emotions arise; some new and some familiar, though with the skills provided and care for self your feelings will change and grow with you. If you require additional support while exploring emotions and patterns within the course please do so at your discretion.
CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Program is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
CONFIDENTIAL AND PROPRIETARY INFORMATION
(a) Any confidential and proprietary information that the Company Service Providers heretofore developed, learned or became aware of as employees, directors, managers, officers, stockholders or members of a Party (collectively, the “Prior Confidential Information”) shall be protected under this agreement. Neither Party nor any of the individuals that provide the Services shall, either during or at any time after the Term, directly or indirectly, in any manner utilize or disclose any Confidential Information to any individual, firm, corporation, company, association or other entity without the prior consent of the other Party (unless legally compelled to do so, provided however, that only to the extent necessary to allow the provision of Services, the Company Entities and/or any of the individuals that provide the Services may disclose Confidential Information in a limited manner reasonably calculated to ensure non-disclosure of such information. The term “Confidential Information” does not include information, knowledge or factual data that: (A) becomes part of the public knowledge or literature, other than as a result of disclosure thereof by a Party or any of the individuals that provide the Services in breach of this Agreement; (B) was disclosed to the Company Entities, or any of the individuals that provide the Services on a non-confidential basis by a third party that is known by the Company Entities, or any of the individuals that provide the Services, after reasonable inquiry, to have the right to disclose the same; (C) was independently developed by the either Party, their affiliates or agents or any of the individuals that provide the Services; or (D) was already known to the Parties, their affiliates or agents or any of the individuals that provide the Services before they received such information and was not obtained from a source known by the Parties, their agents or any of the individuals that provide the Services, after reasonable inquiry, to have been prohibited from the right to disclose the same.
(b) If a Party or any individual that provides the Services on behalf of such Party becomes legally compelled (by deposition, interrogatory, request for documents, order, subpoena, civil investigative demand or similar process issued by a court of competent jurisdiction or by a governmental body) to disclose any Confidential Information, then such Party will give prompt prior notice of such requirement to the other Party so that the other Party or any of its affiliates may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Agreement[kw1] . If such protective order or other remedy is not obtained then only that portion of the Confidential Information that is required to be disclosed will be disclosed by such Party or the individual that provides the Services on behalf of such Party, and commercially reasonable efforts will be made by that Party to obtain assurance that confidential treatment will be accorded such portion of such Confidential Information; provided, the Party required to disclose the Confidential Information may require the other Party, to either (i) advance the third party costs and expenses necessary for such Party to seek to obtain such confidential treatment or (ii) reimburse its out-of-pocket costs and expenses incurred to seek to obtain such assurance of confidential treatment hereunder.[kw2] [NB3]
(c) The provisions herein governing Confidential Information shall be separate and in addition to any other agreements or obligations that each Party and their partners, employees, or agents may be subject to regarding the confidential, trade secret and/or proprietary nature of information related to the other Party or its affiliates and the provisions set forth herein shall not in any way supersede or otherwise limit any such other agreements or obligations. Notwithstanding the foregoing, the provisions herein governing Confidential Information shall supersede any other agreements or obligations regarding such information only to the extent necessary to allow the Services to be performed as contemplated by this Agreement.
DISPUTE RESOLUTION
If a Dispute arises then either Party may deliver to the other Party a written notice along with reasonable supporting detail (a “Dispute Notice”) with respect to such Dispute and the Parties shall negotiate in good faith to resolve any such Dispute, and any resolution agreed to in writing by the Parties shall be final and binding upon the Parties. If the Parties have not reached a final resolution within thirty (30) days from the date of delivery of any Dispute Notice, then each Party shall have the right to cause the matter to be submitted to an arbitrator, who shall be selected by the American Arbitration Association and shall have expertise in the subject matter of the Dispute Notice (the “Arbitrator”), whose written final decision shall be final and binding upon the Parties. The fees, expenses, and costs of the Arbitrator shall be borne equally by each Party except to the extent specifically awarded otherwise by the Arbitrator. All materials submitted to the Arbitrator (including the final decision of the Arbitrator) shall be considered Confidential Information and subject to the Confidential Information section hereof.
ENTIRE AGREEMENT; WAIVERS AND AMENDMENTS
This Agreement sets forth the entire understanding between the Company and Client relating to the subject matter hereof, superseding all prior understandings and agreements, whether written or oral. The Company reserves the right, in its sole discretion, to change the Terms under which the Program is offered. The most current version of the Terms will supersede all previous versions.
SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. No Party may assign, delegate, or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, either Party (or such Party’s permitted successive assignees or transferees hereunder) may assign or transfer this Agreement as a whole without consent to one or more of such Party’s affiliates or to an entity that succeeds to all or substantially all of the business or assets of such Party.
NO THIRD-PARTY BENEFICIARIES
Except as provided in the preceding sentence, nothing in this Agreement shall confer any rights upon any person which is not a party or a successor or permitted assignee of a party to this Agreement.
GOVERNING LAW
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Maryland, without regard to the conflict of laws principles thereof.
CANCELLATION POLICY
The program is non-cancelable and non-refundable for everyone who enrolls in the Program. Client may request to postpone, delay, and or enroll in the next scheduled program without penalty due to reasons including; but not limited to natural disasters, religious observances, and vacations. Client understands that payments are due as specified in the current payment plan, regardless of a delay request or other issues. All delay requests are discretionary as determined by Embrace Her & Thrive.
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