TERMS AND CONDITIONS OF SALE
1. Terms and Conditions. These Terms and Conditions of Sale (these “Terms”) apply to the sale and delivery by Seller to Customer of the Product as set forth in the Agreement to which theseTerms are attached. These Terms are incorporated into the Agreement and, in combination therewith, constitute the entire agreement between the parties with respect to the sale and delivery of the Product. The Agreement is expressly limited to these Terms, and any and all terms or provisions submitted by Customer which add to, conflict with, or otherwise modify these Terms or the Agreement are expressly rejected.
2. Assumption of Risks. I understand that participating in life 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 working towards significant life changes. By signing this Agreement, I am freely and voluntarily assuming the risks arising from my participation in life coaching (including unforeseen risks).I take full responsibility for my personal health and well-being, my actions and decisions, and my personal care during my coaching engagement and thereafter.
3. BreathWork/Somatic Work. If it so happens that breathwork or somatic work ore related work (collectively “Breathwork”) 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 activity and I voluntarily enter into this Agreement. I understand that Breathwork is a personal growth experience designed to enhance the quality of life. I understand that this Breathwork activity will involve strong connected breathing and may include guided meditation. I understand that Breathwork can involve dramatic experiences accompanied by strong emotional and physical responses. I understand that I may find Breathwork physically, emotionally, and/or mentally stressful. I hereby affirm, and acknowledge you are relying upon this affirmations, and 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 activity, or which would cause any risk of harm to myself or other participants. I understand that this Breathwork 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 activity. Whether or not I decide to obtain a physician's consent prior to my participation in Breathwork, 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 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. 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 Stefanos Sifandos or Kosmic Consciousness, Inc.
4. 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. Coaching does not guarantee that I will take any specific action and does not offer any guarantee of success. As such, I understand that the Company makes no guarantee, representation or warranty of any nature or kind that coaching will be effective or will result in any particular outcome. I agree that I will not hold the Company or my coach responsible, in whole or in part, for any result that I do or do not achieve.
5. 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, Christine Hassler in her individual capacity, and each of the Company’s Authorized Coaches, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns plus Stefanos Sifandos, Kosmic Consciousness INC. and their respective directors, officers, employees and agents if i participate in Breathwork (collectively, the “Hassler Group”) from and against any and all claims, demands, losses, liabilities, 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 or any other educational programs or services or any advice, information, suggestion, or recommendation that I receive in connection herewith, 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 (collectively herein the “Released Claims”).I agree to indemnify and hold harmless 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 Stefanos Sifandos, Kosmic Consciousness INC. 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.
6. 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, arbitration, demand or proceeding against any member of the Hassler Group based upon any Released Claim, and (ii) I will indemnify, defend and hold harmless the Hassler Group and each of them from and 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 my obligations under this Agreement.
7. Confidentiality. I agree to preserve the sanctity and safety of any group coaching process in which I participate by maintaining the confidentiality of all information provided to me by any party within the Hassler Group or otherwise communicated to me hereunder including without limitation by other coaching clients during group coaching sessions. I agree not to disclose any teleconference bridge numbers or other access codes to any third party. To provide me with the highest quality of service, I understand that my coach may discuss and receive coaching on certain topics anonymously and hypothetically with other coaches within the Hassler Group. I agree to confidentiality with respect to all information communicated by both the Company, and Authorized Coach and the other coaching clients during group coaching sessions, and acknowledge that any breach of this confidentiality may cause irreparable harm and the Company may seek injunction along with its other legal remedy. Except as and to the extent required by law I will not disclose information related to my coaching hereunder that could be construed in any way to be in conflict with this Confidentiality clause.
8. Intellectual Property. To honor and protect the Company’s intellectual property, I agree not to disclose, reproduce or distribute written materials, techniques or methods received from the Hassler Group to any third party without Company’s prior written consent. I understand that the Company’s written and recorded materials are protected by United States 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.
9. Independent Counsel.I represents and warrants that I am executing this Agreement with full knowledge and understanding of its terms, that I have obtained all necessary medical and/or legal approvals to enter into this Agreement.
10. Waiver.I acknowledge that any amendment to, or waiver of, any provision of this Agreement must be agreed to in writing by Company. A waiver by any Party of a breach of any of the provisions of this Agreement will not operate or be construed as a waiver of any other provision of this Agreement or of any subsequent breach of the same or any other provisions of this Agreement.
11. Non-Disparage. I agree to not make disparaging or derogatory remarks, whether oral or written, about the Company, Authorized Coaches or any other defined Hassler Group member.
12. Social Media/Filming. I understand that filming, taking of photos or posting of content of the Coaching Sessions on any social media handle or for any use that is not explicitly authorized is strictly prohibited and will constitute a breach of this Agreement.
13. Payment and Cancellation Policy. I acknowledge that payment in full is required at least 24 hours prior to any coaching session. I understand that the Company maintains a 24-hour cancellation policy and if I cancel an appointment less than 24 hours prior to the session, full payment is still required. For Monday sessions, a Friday cancellation is required. If I am late for an appointment, Company has the right to have the coaching session end at the previously arranged time, without a discount of fees, unless arrangements were agreed upon beforehand. No refunds shall be issued under any circumstances including my failure to attend a scheduled session.
14. Termination. I understand that I am free to terminate my coaching engagement at any time, but I understand and agree that I will not receive a refund including without limitation for any outstanding or pre-paid sessions. Coaching sessions are non-transferable, but I may apply them towards coaching with another Authorized Coach approved by me and the Company. I understand that the terms of this Agreement shall survive the termination of my coaching engagement.
15. Dispute Resolution; Limitation of Liability. In the unlikely event of a dispute arising from or relating to my 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 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 member of the Hassler Group is found liable for any loss or damage, then to the fullest extent permitted by law, the aggregate collective liability of the Hassler Group shall be limited to a refund of amounts I have paid for services under this Agreement.
16. Miscellaneous. This Agreement shall be governed by the laws of the State of California 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 member of the Hassler Group is an express third-party beneficiary of this Agreement, fully entitled to enforce its, his or her rights hereunder. No amendment change or modification to this Agreement shall be valid unless it is in a writing signed by both parties. This Agreement may be executed by an electronic, jpeg, PDF, facsimile or other digital method of signature, and all such methods of signature shall be fully binding.