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TRANSFORMATIONAL HEALTH COACHING AGREEMENT, WAIVER, AND RELEASE OF LIABILITY FOR “EstroBalance” EDUCATION BASED COMMUNITY FOR SELF HEALERS
As additional consideration for receiving Transformational Health Coaching and other services from One Works Holistics LLC (the “Company”) through EstroBalance (the “Virtual Education Program and Community Membership”), I acknowledge and voluntarily agree to the terms of this Transformational Health Coaching and Membership Agreement, Waiver, and Release of Liability (“Agreement”) with this entity. This Agreement shall apply to all products and services provided by the Company through their Virtual Education Programs and Community Membership and any other individual authorized by the Company to provide coaching, education, or other instruction to me during my engagement (each, an “Authorized Coach”).
By proceeding to sign up for the Virtual Education Program and Community Membership and checking the box provided, I accept the above and below Terms and Conditions as they pertain to all products and services provided by the Company through its Virtual Education Program and Community Membership.
- Member Benefits. I understand that as a member, I will receive the following benefits: access to the proprietary Content and Tools Portals, and all products and services, teachings, products, educational content, community forum, inbox features, member information, customer support and service access if needed, live group coaching, guest coaching, transformational breathwork offerings, and any other products or services provided by the Company and its Virtual Education Program and Community Membership Platform. I understand that content will be drip released over a term of 3 months. If membership termination takes place for any reason, access to all of the above stated will no longer be available.
- Nature of Transformational Health Coaching Relationship. I understand that Transformational Health Coaching is not a substitute for counseling, psychotherapy, trauma therapy, mental health care, substance abuse treatment, or medical care, and that neither the Company nor any of its Authorized Coaches make any recommendation to use it in place of any form of therapy or medical care. I understand that an Authorized Coach does not claim to be, is not acting as, and should not be used in lieu of a licensed medical or mental health professional of any kind. If I am currently under the care of a medical or mental health professional, it is my responsibility to consult with that person regarding the advisability of working with a coach or engaging in practices or educational insights provided through my Virtual Education Program and Community Membership; and it is my responsibility to make that person aware of my decision to proceed with Transformational Health Coaching. If at any time I feel the need for professional counseling or therapy, it is my responsibility to seek a licensed professional to provide such services. I also understand that Transformational Health Coaching through my Virtual Education Program and Community Membership is not a substitute for professional advice by legal, medical, financial, business, or other qualified professionals. I am responsible for seeking independent professional guidance in these specialized areas. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my responsibility. I also understand that all information and use of tools provided through my Virtual Education Program and Community Membership is for self development, personal growth, and lifestyle education only. I understand that all of the included items must be applied at my own risk and this is not a substitute for therapy of any kind. All teachings and educational insights, opinions, personal experiences are intended for educational use only and are not meant to be a substitute for medical or mental health support or intervention.
- Assumption of Risks. I understand that participating in Transformational Health Coaching entails risks and challenges associated with an intensive program of personal development, including, by way of example, physical, mental or emotional distress that may accompany significant life changes. By reviewing and checking the assigned box next to this Agreement, I am freely and voluntarily assuming the risks arising from my participation in Transformational Health Coaching through my Virtual Education Program and Community Membership (including risks that cannot be foreseen at this time). I take full responsibility for my personal health and well-being, my actions and decisions, and my personal care during my coaching and membership engagement and thereafter. I take full responsibility for my own well-being while participating as a member of the Company’s Coaching Program and Community.
- No Guaranteed Outcomes. I understand that coaching outcomes can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the coaching process and as a member of the Company’s Virtual Education Program and Community Membership. Coaching does not guarantee that I will take any specific action and does not offer any guarantee of success. I also understand that self healing and improvement in quality of life through the use of this program and the tools provided through my Virtual Education Program and Community Membership is generally not a linear process and there can be worsening and lessening of symptom improvement. I understand that through this process I may experience more heightened physical symptoms or sensations and I understand that it is my responsibility to reach out to a healthcare provider as needed for additional support or medical assistance. As such, I understand that the Company makes no guarantee, representation or warranty of any nature or kind that coaching through its Virtual Education Program and Community Membership or individually will be effective or will result in any particular outcome. I agree that I will not hold the Company or any Authorized Coach responsible, in whole or in part, for any result that I do or do not achieve. I understand and agree to seek additional support or assistance at any time, as it is encouraged through this Virtual Education Program and Community Membership, to help support the process.
- Disclaimer. As a member, I understand that the coaching, instruction, tools, therapies, practices, techniques, member communications, email communications, and all Virtual Education Program and Community Membership and/or Company offerings are not a substitute for professional medical advice, diagnosis, treatment or prevention. All Virtual Education Program and Community Membership Products and Services, as well as Company offerings, are to be used for educational purposes only and are not intended to diagnose, treat, cure, prevent any health condition, symptom, ailment, whether that be emotional, spiritual, physical, or mental. I acknowledge my responsibility to consult with a healthcare professional if I suspect I might need aid of medical or psychiatric treatment, and that if I believe I am experiencing an emergency at any point in time, it is my responsibility to address it, which may include calling 911. Virtual Education Program and Community Membership Products or Services are not directly intended to treat “trauma” or “mental health conditions” even though these terms might be used as common conditions resulting in a chronic stress response and impacting the physical body. I agree to exercise my own due diligence and judgment before applying any advice or recommendations made through the Virtual Education Program and Community Membership, as well as with any information or instruction provided through guest offerings, mentorship and the community, and acknowledge that I take full responsibility for my health, life, and wellbeing, as well as the health, lives, and wellbeing of any dependents.
Any and all contracted, employed, or volunteer mentors, coaches, and teachers providing live or group coaching through the Virtual Education Program and Community Membership are not offering medical or mental health therapeutic services through their coaching, the community forum, or class offerings and are not to be considered doctors or healthcare professionals. I understand that I am responsible for my own health and wellbeing and I understand that I am responsible for contacting and leveraging the advice of healthcare professionals before adopting any of the principles, approaches, methods, techniques and otherwise, provided through the Virtual Education Program and Community Membership. The information provided by and and all members, teachers, coaches through the Virtual Education Program and Community Membership is not for diagnosis or treatment of any health condition. I will always consult a healthcare professional if I suspect I might need additional medical or psychiatric care.
I understand that if I suffer from, or suspect that I suffer from, any kind of psychiatric or psychological disorder including clinical anxiety, depression, or mental illness, I should only use the education-based community platform in consultation and supervision of my Doctor or other qualified Medical Practitioner.
- Waiver and Release of Liability. On my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, I hereby WAIVE, RELEASE AND FOREVER DISCHARGE the Company, Kristen Strychowski, in her individual capacity, and each of the Company’s Authorized Coaches, shareholders, officers, directors, employees, agents, successors, beneficiaries and assignees (collectively, the “Company Members”) from and against any and all claims, demands, losses, liabilities, expenses, injuries, damages and causes of action of any nature or kind that I have or may in the future have arising out of or in connection with my participation in coaching, as a member of the Company’s Virtual Education Program and Community Membership, or any other educational programs or services or any advice, information, suggestion, or recommendation that I receive in connection therewith, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages and causes of action are referred to collectively herein as the “Released Claims”). I will not hold the Company Members liable for any tangible or intangible damage or injury that might occur because of my participation and membership in the Virtual Education Program and Community Membership.
I understand that this Agreement is a legal document in which I are waiving my rights to pursue the Company and/or any Company Members for compensation in the event of any loss in connection with my participation in the Virtual Education Program and Community Membership, that by executing this Agreement I assume all risks of participation therein including the risk of negligence on behalf of the Virtual Education Program and Community Membership, Company, or Company Members, and that I am not relying on any representations or warranties, other than those, if any, provided in this Agreement, made by the Virtual Education Program and Community Membership, the Company, or any Company Members in connection with my participation in the Virtual Education Program and Community Membership.
- Agreement Not To Sue; Indemnity. In addition, on my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, I covenant and agree that (i) I will not institute or attempt to institute any legal action, demand or proceeding against any Company Members based upon any Released Claim, and (ii) I will indemnify, defend and hold harmless the Company and each Company Member against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of obligations under this Agreement.
In the unlikely event of a dispute arising from or relating to any coaching engagement 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 involved 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. I agree that if any Company Member is found liable for any loss or damage, then to the fullest extent permitted by law, the aggregate collective liability of the Company shall be limited to a refund of amounts I have paid to the Company for services under this agreement.
- Confidentiality. I agree to maintain the confidentiality of all information shared by other members or Authorized Coaches during group coaching sessions or other interactions within the Company’s Virtual Education Program and Community Membership. This includes refraining from disclosing personal information, teleconference access codes, or any details shared during sessions to any third party, except as required by law.
I understand that breaching this confidentiality may harm other members and the Company, and such breaches may result in the termination of my membership. I also agree to uphold a respectful community environment by avoiding gossip, negativity, and inappropriate interactions with members, coaches, or teachers.
Additionally, I understand that anonymized information may be shared among Authorized Coaches within the Company to enhance the quality of services provided to me.
- Community Rules and Regulations. As a member, I agree to be respectful, engage in healthy communication, provide meaningful discussion on relevant topics, uphold all confidentiality regulations, and respect the privacy, shares, and contributions of all other members, coaches, and teachers. I will not leverage the Virtual Education Program and Community Membership for personal gain. I understand that I am prohibited from using the Virtual Education Program and Community Membership to market, sell, advertise, or promote my own personal or business related websites, products, services, or otherwise. I understand that plagiarism or abuse of content of any kind will result in termination of membership. Plagiarism and copyright infringement are strictly prohibited. I understand that the Virtual Education Program and Community Membership and Kajabi moderators and coaches have the authority to enforce these guidelines and make decisions on any issues or problems that may arise. I understand and agree to respect those decisions. I understand that failure to comply with community guidelines may result in termination of membership or temporary suspension.
- Intellectual Property. To honor and protect the Company’s intellectual property, I agree not to disclose, reproduce or distribute content of any kind that is accessed through the Virtual Education Program and Community Membership or any of my coach's written materials, techniques or methods to any third party without my coach’s prior written consent or the consent of the Company. I understand that the Company’s written and recorded materials are protected by US intellectual property laws, and I agree not to copy, reproduce or distribute any such materials for any reason without the Company’s prior written consent. This includes any and all content produced by the Company, including but not limited to audio, video, media, PDF, oral or written content. None of the content provided through the Virtual Education Program and Community Membership or provided by the Company is to be copied, plagiarized, distributed, published, reproduced, transcribed, altered, sold, resold or repacked, in any way. All content accessed through the Virtual Education Program and Community Membership is to be used for personal use only by myself as the individual who registered for the Virtual Education Program and Community Membership. I understand and agree to tag and attribute the Company at “@oneworksholistics”, or as otherwise provided by the Company, in public or through social media, if I choose to share or quote any teachings or insights provided through the Virtual Education Program and Community Membership, including the Company or its Virtual Education Program and Community Membership members or guests.
- Independent Counsel. I warrant that I have been provided adequate opportunity for review by counsel of my choice in connection with this Agreement and accept the terms of this Agreement with full knowledge and understanding of the terms herein.
- Non-Disparage. I agree to not make disparaging or derogatory remarks, whether oral or written, about the Virtual Education Program and Community Membership, the Company, Authorized Coaches or participating coaching clients, from now and henceforth.
- Breathwork and Somatic Work. If it so happens that Breathwork or Somatic Work of any kind is part of the service, I acknowledge that I have voluntarily enrolled in this Breathwork activity. I understand that I am under no obligation of any kind to participate in this Breathwork/Somatic Work activity and I voluntarily enter into this Waiver and Release of Liability. I understand that Breathwork/Somatic Work is a personal growth experience designed to enhance the quality of life, and is not a substitute for psychotherapy. I understand that this Breathwork/Somatic Work activity will involve strong connected breathing and may include guided meditation. I understand that Breathwork/Somatic Work can involve dramatic experiences accompanied by strong emotional and physical responses. I understand that I may find Breathwork/Somatic Work physically, emotionally, and/or mentally stressful. I hereby affirm that I am in good health and able to participate in this activity. I do not have any physical or mental conditions which would impair my ability to engage in this activity or which would otherwise endanger my health during this Breathwork/Somatic Work activity, or which would cause any risk of harm to myself or other participants. I understand that this Breathwork/Somatic Work activity is not medically supervised. I have hereby been advised that I should talk to my physician and/or psychotherapist if I have any questions about my physical or mental ability to safely participate in this Breathwork/Somatic Work activity. If I have chosen not to obtain a physician's consent prior to my participation in Breathwork/Somatic Work, I hereby agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in activities that are appropriate for the current status of my health and to modify this Breathwork/Somatic Work activity to accommodate my own needs or limitations. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor before I participate in such activity. I agree to indemnify and hold harmless the Company and all Company Members from and against any and all claims and expenses, including attorney’s fees, arising out of my participation in this Breathwork/Somatic Work activity. In consideration of my participation in this Breathwork/Somatic Work activity, I hereby waive and release the Company and all Company Members from any and all claims, costs, liability and expense for any injury, loss or damage whether known, anticipated or unanticipated arising from my participation in Breathwork/Somatic Work. This Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I acknowledge that I have thoroughly read this Waiver and Release of Liability in its entirety and fully understand it. By signing this document, I am waiving certain rights I and/or my successors might have to bring legal action or assert a claim against the Company and all Company Members.
- Agreement Modifications and Revisions. I understand that I will be notified of any future revisions or modifications to this agreement and will be provided a minimum of 10 days notice to review and accept those revisions. Notices and updates to this agreement will be sent to the email provided upon registration or as updated within the Virtual Education Program and Community Membership Portal. Failure to accept the modified terms may result in termination of membership.
- Miscellaneous. This Agreement shall be governed by the laws of the State of Delaware 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. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and my heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators and representatives. Each Company Member is an express third-party beneficiary of this Agreement, fully entitled to enforce his or her rights hereunder.