**Be sure to read for cancel and refund policy!
The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. If you have any questions, please raise them before signing to ensure we are all on the same page moving forward.
In exchange for agreeing to work together with Ignite Ur Wellness Business, you agree to be bound by the following conditions.
Contractual Terms
1. Parties. This Agreement is made between Alison McLean, a Sole Proprietorship operating in the State of California (“Ignite Ur Wellness Business”, “we”, “us”, and “our”) and you, the undersigned (electronically or by hand) or the person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).
2. Our Commitment to You. We promise to provide you with Business Coaching and Yoga Instruction services, as outlined in Schedule “A” Services (the “Services”). To provide the best possible experience, we will also do the following:
2.1. We aim to help you achieve and exceed your personal wellness and business goals. With this in mind, we will strive to provide you with the highest quality Business Coaching and Yoga Instruction Services to exceed your expectations.
2.2. Our one-on-one programs give you a completely customized experience based on your specific needs, goals, and abilities. Group programs, by nature, are designed to be more general to suit the varying levels and profiles of all participants.
2.3. We value communication, so we will clearly communicate with you about any preparation instructions, follow-up information, or scheduling details related to your Services.
2.4. With our Business Coaching, you can expect to grow your audience and increase your revenue.
2.5. We undertake to do all preparation necessary before sessions and to structure sessions in such a way as to optimize time to benefit you.
3. Qualifications. We hold the following professional qualifications and certifications: Doctor of Physical Therapy, Massage Therapist, Certified Coach, Yoga Teacher and Yoga Therapist.
4. Scope of Practice.
4.1. Here is what we will be doing together: We offer Business Strategy, Mindset Coaching, and Yoga Instruction.
4.2. Here is what we will not be doing together: We do not provide medical diagnosis, treatment, or relationship counseling.
5. Scope of Practice/Not Professional Medical Advice. Please know that we only have the qualifications listed above and that the scope of our practice in offering our services is to work with you to raise awareness and work toward best practices for your business growth and development and your general personal health and wellness. Despite our qualifications, within this scope of practice, we do not provide professional medical advice, and we highly recommend that you seek professional medical advice if you feel you have a disease that must be diagnosed or treated.
6. What We Expect of You. Just as you invest in us, we also invest time and energy in you. For you to gain the most from the Services, here is what we expect of you:
6.1. Respect. We expect you to show kindness and respect to all staff, other participants, and everyone you interact with at Ignite Ur Wellness Business.
6.2. Time Integrity. We expect you to commit to your business and personal growth and wellness by showing up on time for each scheduled session and being ready to participate. We also expect you to honor the cancellation policy detailed below.
6.3. Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services.
6.4. Commitment. To achieve the best possible outcomes, we ask for your commitment to the Services, including dedicated work outside of sessions, consistent attendance at live calls, and reviewing any missed sessions via replay. You understand and agree that assignments or exercises form an integral part of coaching and commit to completing such work in a timely manner to get the full benefit of coaching.
6.5. Communication. We encourage you to be open and honest about your business, including your goals and any areas where you feel you need support. For yoga instruction, please share any physical limitations you may have. This information is crucial for us to tailor our approach and help you achieve your best results.
6.6. Materials. You understand and agree to provide the materials needed for each coaching session (e.g., computer, tablet, paper, pencil, etc.).
7. Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Ignite Ur Wellness Business (the “Term”).
7.1. Either party may terminate the Agreement at any time by providing 14 days advance written notice to the other party via email. However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A” Services.
8. Payment. Payment details and cost for the Services are outlined in Schedule “A” Services.
8.1. Payment Method on File. You may elect to keep a credit card or other method on file with us. By placing a card on file, the cardholder and account holder give permission to Ignite Ur Wellness Business’ staff to charge the card for any session, auto-debit membership and cancellation fees.
8.2. Declined Charge. In the event of a declined credit or debit card, your Services will be immediately suspended, pending you updating your payment information and paying the amount due in full.
8.3. Chargebacks. It is common for the bank or lender managing the chargeback dispute on your behalf to keep fees and administration costs, which result in a loss for Ignite Ur Wellness Business for the services already rendered. You will also be responsible for any fees and administration costs taken from us due to a chargeback issue that ends with a determination in favor of Ignite Ur Wellness Business.
9. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted our cancellation and refund policy:
9.1. Refunds. Services are non-refundable.
Excessive absence of communication and/or presence will result in the client paying remaining balance and lose access to portal and materials.
9.2. Cancellation & Reschedule Policy. Please give 24 hours notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement. If you give less than 24 hours notice, your session will not be rescheduled.
9.3. Late Arrivals/Early Terminations. Ignite Ur Wellness Business will not adjust fees to make for time lost because of your late arrival or early termination of a session. Any lost time because of the late arrival or early termination by Ignite Ur Wellness Business will be rectified by extending a lesson by mutual agreement.
10. Fluctuation of Payments. You understand that we reserve the right to change our prices and that in your acceptance of these new prices and continued payment, you continue to be bound to all the terms of this Agreement. We will always provide at least 30 days notice before raising any prices and will communicate with you to ensure you are aware of any changes.
11. Confidentiality. We operate and grow in a safe space. Everything shared throughout the Services is strictly confidential. You, on the other hand, are free to share anything you choose to. We may choose to share anonymous information about you for professional or promotional purposes, but confidential or personal information will only be used to complete the Services, except for in the following scenarios:
11.1. To provide any necessary or relevant information to a medical or healthcare professional or entity
11.2. As required by law or court order
11.3. When there is a risk of imminent danger to yourself or others
11.4. Where there is a reasonable suspicion that a child or any vulnerable person is in need of protection.
12. No Guarantees. Ignite Ur Wellness Business cannot guarantee the success of, or any particular outcome from the Services. We promise to provide you with the opportunity and Services to support you and see you grow, but the success of the Services ultimately depends on you.
13. Ownership of Materials. All the content we have provided to you, including but not limited to videos, documents, and PDFs, is for your use only and may not be re-distributed or re-used.
14. Substitute Services. Ignite Ur Wellness Business has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in-person classes.
15. Affiliate Sales. Ignite Ur Wellness Business is dedicated to promoting products and services that will be of interest to our community. In the course of providing our Services, we may recommend, highlight, sell, or link to our affiliates’ products and services that may be beneficial to you, and, in some cases, we may receive a small commission from our affiliates. Regardless of whether we receive a commission, we will only link to products and services that we support and that we truly believe will be helpful to you. Please note that in cases where we recommend, highlight, sell, or link to health supplements or similar products, these products may not be approved by the Food and Drug Administration or other agencies.
16. Medical Disclaimer. The Services provided by Ignite Ur Wellness Business within this scope of practice are educational and informational in nature and are provided only as general information and do not constitute medical or psychological practice, advice, opinion, diagnosis, treatment or guarantee. The Services do not create any doctor-patient, therapist-patient or any other professional relationship and are not a substitute for medical diagnosis, advice, treatment, or other professional healthcare. You are responsible for your own healthcare decision-making and should obtain necessary consultations with appropriately licensed healthcare professionals such as physicians and psychologists. Any advice and recommendations provided by Ignite Ur Wellness Business are not comprehensive and only include some of the potential information regarding the subject matter but are merely intended to serve as one resource for general and educational purposes.
17. Legal Fees. You will be responsible for all legal fees incurred by Ignite Ur Wellness Business regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
18. Waiver. Before the Services can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign, or otherwise agree to, that form and this Agreement so that we can be absolutely sure you understand and agree to it.
19. Force Majeure. Ignite Ur Wellness Business will not be liable for any failure or delay regarding the Services if such failure or delay is: beyond the reasonable control of Ignite Ur Wellness Business, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
20. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of California or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
21. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Ignite Ur Wellness Business of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which, taken together, constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having You click “I Agree”(or something similar), the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.
Intellectual Property Rights
- This course contains original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by Ignite Wellness and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
- You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Website, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee / Licensor Rights: Our Limited License to You
- Copy, edit, distribute, duplicate or steal any information on Website, or any Content therein, including that which has been posted by a third party,
- Use, post, distribute, copy, steal or otherwise use any portion of Website, including content or products, without written permission from Ignite Wellness and/or Alison McLean and understand that any such use may constitute infringement, which may give rise to a cause of action against you.
- Hold any of our Content out to be your own, and understand that doing so constitutes stealing and is a violation of our intellectual property rights.
- Share purchased materials or information with others who have not purchased them.
- Use any portion of our Website, including Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.
- You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.
- vii.Any requests for written permission to use any content posted on our Website may be made by sending an email with your written request to [email protected].
- Your ability to view Content on our Website grants you a limited, revocable, non-transferrable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase a product, package, or service from our Website, you will also be granted a limited license to use the information contained therein, as outlined in the Terms of Use or Client Agreement associated with each product or service available for purchase.
- As a licensee, you understand and agree that you will not:
- Licensee / Licensor Rights: Your License to Us
- You may be able to post your original content to our Website, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age.
- When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
- You agree you are wholly assigning any intellectual property ownership rights to us by your action and decision to post on our Website, or otherwise provide us with content, with access to our Website constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favorable treatment in return.
- Testimonials: Our Website may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others’ experiences with our services, website and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee. You also understand and agree that the individuals featured may have different medical history and health status, and what worked for them may not work for you; you agree to use common sense, and consult your personal medical provider before beginning any program we offer, and/or before implementing any information found on Website.
Your Conduct
- Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
- You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
Use of Free Materials or Content
- At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Ignite Wellness credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.
Disclaimer
- The purpose of this course is solely to provide educational information, opinions, and information about our coaching programs and packages, as well as other ways to work with us and/or learn about Ignite Wellness]. Any Content on this Website, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, nor are we making any guarantees regarding your health, wellness, or personal goals, any coaching program, or any results stemming therefrom. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary.
- While I am a licensed physical therapist and yoga teacher, this course is solely for the purpose of providing information and education about health and wellness, yoga, as well as information on how to work with me as a coach or purchase an online program of ours. Please note none of my coaching packages or services include personalized medical treatment or attention of any kind, and none of the Content contained herein is meant as medical advice.
- You understand and agree that our Course and the Content and Products produced are not to be relied upon in any way as medical advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, therapist, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your health and well-being, or any similar professional that may address your own individual situation.
- Your decision to visit our Website, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Ignite Wellness harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email, and agree you will not make any claims against us or the company herein.
Technology Disclaimer
- By using our Course, you understand and agree that Ignite Wellness makes no guarantees or warranties regarding the condition of Website, including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.
- We will make every effort to make our Course available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Website, and you agree to simply check our Website at a later date to confirm when it has been relaunched.
- We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.
Information You Provide
- In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products or services, you will also be required to submit payment information and a billing address, and may be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.
- You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.
- You also agree that you are to remain financially responsible for any purchases made through our Website by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.
Online Purchases
- You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.
- You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
- Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
- You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.
Indemnification
- You agree at all times to defend, fully indemnify and hold Ignite Wellness and any affiliates, agents, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
- We will attempt to monitor any comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.
- Should you choose to utilize information offered on our website, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.
Limitation of Liability
- You understand and agree that the information offered via Website is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. You understand that your decision to use any information or purchase any products or services offered on our Website is purely voluntary. Should you choose to purchase products or services via our Website, you understand and agree that we may not know your personal and specific situation in full, and have no way of knowing of a program’s specific applicability to your life or fitness level. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm as a result of choosing to utilize information found on or purchased from our Website. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your mental or physical health, income, finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.
- You understand and agree that Ignite Wellness is not to be held liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing information found on Website, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Course, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
- You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Course, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
Release of Claims
- You also agree that under no circumstances will we be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Website or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.
WAIVER AND RELEASE OF LIABILITY
Welcome to Ignite Your Wellness Business! Before participating in our Business Coaching Services, please take the time to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). If you have any questions, please contact us before agreeing so we can ensure we are on the same page.
The purpose of this Waiver is to protect both you and us. For your benefit, we want to make it clear that Business Coaching involves inherent risks. While these risks cannot always be foreseen, we want to make you aware of some common potential challenges so you can make an informed decision about whether our Services are right for you. These challenges may include outcomes, implementation and execution difficulties and emotional and mental challenges.:
This Waiver also protects us from lawsuits. We strive to provide the best possible Business Coaching and support, but we cannot operate effectively if we are constantly concerned about potential lawsuits, whether the claims are real, perceived, or frivolous. By agreeing to this Waiver, you agree not to sue us for any reason related to our Business Coaching services, regardless of fault. You will also be bound by all other terms of the Waiver.
If you are a minor in the State of California or in your place of residence, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1. Parties. We are Alison McLean, a Sole Proprietorship based in the State of California. In this Waiver, we will refer to ourselves as “Ignite Ur Wellness Business,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver as “you” or “your.”
2. The Services. While with us at Ignite Ur Wellness Business, you may receive the following Insightful and Productive Business Coaching services and more (the “Services”):
2.1. Business Coaching.
2.2. The Services include all services we make available for online streaming and participation, all of our pre-recorded audio or visual material, and services that take place outside of Ignite Ur Wellness Business’ facilities, including outdoors or at your home.
2.3. The Services may also include our recommendation or sale of products or third-party services. We may receive affiliate commissions from any such sales. If you have any questions about this, please ask us directly.
2.4. Please note that this list may not be comprehensive. Business Coaching is an evolving field in which practitioners continually learn new and improved systems, technologies, techniques and modalities. Therefore, this Waiver will apply fully even if you receive a Service not explicitly listed here.
3. Qualifications. We hold the following professional qualifications and certifications: Doctor of Physical Therapy, Massage Therapist, Certified Coach, Yoga Teacher and Yoga Therapist.
4. Scope of Practice.
4.1. Here is what we will be doing together: We offer Business Strategy and Mindset Coaching.
5. Inherent Risks. You understand that Business Coaching comes with some inherent personal and professional development risks. These can include facing difficult truths about your business, experiencing setbacks while implementing new strategies, and encountering emotional challenges as you step outside your comfort zone. These experiences could impact your business, income, and personal well-being.
5.1. Outcomes and Guarantees. Coaching can provide guidance and support, but your business success ultimately depends on various factors, including your efforts, market conditions, and other circumstances beyond our control. We do not guarantee specific financial results or business outcomes. Business coaching can provide guidance, support, and strategies but doesn't guarantee specific outcomes like increased revenue or market share. The success of your business depends on many factors, including your own efforts.
5.2. Implementation and execution. Our Services will provide you with strategies, tools, and support, but the implementation and execution of these strategies within your business are solely your responsibility.
5.3. Investment/Return. Business Coaching requires a financial investment, which may take time to see tangible results. There is a risk of investing money without achieving the desired outcomes.
5.4. Personal Challenges: Building and running a business can be emotionally and mentally challenging. Business coaching can involve exploring and questioning personal beliefs and values and addressing difficult topics or requiring you to step outside your comfort zone to achieve your goals.
5.5. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.
6. Coaching. You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising from the coaching relationship and your coaching calls and interactions with Ignite Ur Wellness Business. As such, you agree that Ignite Ur Wellness Business is not and will not be liable or responsible for any action or inaction or any direct or indirect result of any services provided by Ignite Ur Wellness Business. You understand that coaching is not therapy, does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. 6.1. Life Coaching. Life Coaching can touch many areas of your life, including mental health, career, family, friendships, and more. In receiving life coaching services, you may begin changing your life in many ways. For example, you may confront difficult issues and realize suppressed thoughts or feelings. There is a risk this could lead to distress, depression, anxiety, and other mental health concerns as you work on yourself. You may also experience changes to your relationships, both positive and negative, as you reevaluate your personal interactions. Additionally, you may make changes associated with your career, which could lead to
6.2. Business Coaching. We do our best to give you the best Business Coaching possible so you can reach the next level of success. Every decision comes with risk; sometimes, things do not work out as planned. Ultimately, your business decisions are solely your responsibility. By signing this Waiver, you accept responsibility for any outcomes, and you agree that Ignite Ur Wellness Business is not responsible for any loss of income to your business or any other negative consequences that may result from any changes to your business that you choose to implement during or after receiving the Services.
6.3. Group Coaching. The risks we discuss above may be enhanced when receiving coaching in a group setting. Every body, mind and soul is different. Solutions that benefit most people may have the opposite effect on you.
7. Home Studio. In-person consultations Ignite Ur Wellness Business may be operated from a private home environment. Accessing a private home includes the potential of uneven paving and/or paths, steps without railings, an unenclosed swimming pool and/or hot tub, plants that may cause allergic reactions and insects associated with those plants, including bees, and the potential of encountering pets that may be unpredictable
and may also cause allergic reactions. These are all risks you should be aware of, and you agree to release Ignite Ur Wellness Business from any liability associated with these risks.
8. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Services with Ignite Ur Wellness Business. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Services.
9. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Alison McLean and her members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Services with Ignite Ur Wellness Business, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Services. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.
10. Continued Agreement. Agreement
to this Waiver will act as your continued agreement to all ensuing Services and any further interactions with Ignite Ur Wellness Business, whether in person, online, or via video conferencing tool.
11. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of California or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
12. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.
You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.
SCHEDULE “A” SERVICES
100K Awaken Business Coaching
Cost
USD $5500 one (1) payment
USD $6000 six (6) equal payments over six (6) months (USD $1000 x 6)
Duration
1:1 Business Coaching
Three (3) sessions per month Total of 20 sessions over six (6) months
Each session is 50 minutes
Any sessions not used within six and a half (6.5) month period will be forfeited.
Payment
Payment is expected at the time of booking.
Installments must be paid every four (4) weeks.
Made it. Excited to do great things!
AGREED and ACCEPTED