Terms of service.
Amanda Stephens
Wellness Coach
Section A;
Agreed Terms Between
(1)
Prairie Soul Wellness- Amanda Stephens
Box 116
Plenty, SK
S0L2R0
(2)
The guest of Amanda Stephens or online platforms, and/or purchaser/
subscriber of Prairie Soul Wellness (“Programs”) by Amanda Stephens, aka
“the Client”
Section B; Important Notes:
(1) All payments are non refundable
(2) All payments are due in full and completion no exceptions
(3) It is recommended you print and keep a copy of these terms and conditions as they will not be filed and may change from time to time
(4) These Terms should be read in full
(5) Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date or substitution or credit of equal or greater value, however we are not liable to you for events that occur outside our control.
(6) If you (Client) are a current or previous client of Amanda Stephens (Prairie Soul Wellness, PSW) - and you register for another program or offering at anytime - you must be in good financial standing across all offerings and services provided, past and present, in order to continue receiving goods and services from PSW. Should you default in one program or offering with ANY missed or late payment, we reserve the right to remove you from ALL programs, courses, services, and offerings immediately and without warning. There is a possibility of resuming as normal once all payments are brought back into good standing - at the sole discretion of PSW.
(7) PSW holds a high standard for kindness, courteousness, professionalism, confidentiality, and compassion. If Client is found to not be adhering in a kind, courteous, professional, confidential and compassionate manner with PSW, it’s team members, clients, or students - both past and present - PSW reserves the right to remove Client from ALL programs, courses, services, Facebook groups, email lists, membership portals, and PSW offerings immediately and without warning.
Section C; Programme
(1)
The programme will be provided over the course of time described in the programme (in addition to the initial registration period in addition to the length of that time), and shall be delivered by a (possible) combination of online sessions, telephone sessions, and online modules as described in the program being purchased.
(2)
The date and time of the sessions will be outlined within the emails & Facebook group, however these are subject to change. We will provide as much notice as possible of any changes, but are not liable to you in any way for such change to dates and times. Please check the site regularly for changes to dates and times.
(3)
Group telephone conversations and/or video calls (if applicable) will start and end as scheduled regardless of what time you join the call. This may be extended at our discretion, but if we need to end at the scheduled time, we will not be obliged to refund you any amounts in relation to such session
(4)
This is an online course and as such any digital materials included in the Membership will require the following hardware and software and other functional requirements in order to be fully used: computer or tablet device and internet access.
(5)
The online sessions of the Programme are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
(6)
If anywhere the term “Lifetime Access” is used - this is to reference the length of the life of the program itself - not the lifetime of PSW, Amanda Stephens, nor the lifetime of any particular Client themselves. The life of the program itself is described as the length of time it is actively being offered by PSW. For any course or program materials the Client would like to keep, it is highly encouraged and recommended that the Client immediately download and save such resources to their own computer for private use only, as there are no guarantees that PSW third party site won’t crash at anytime, or when PSW will choose to take the program down, once the live portion has ended. PSW reserves the right to make ANY and ALL changes to it’s courses, programs, membership sites, membership portals, and availability of such programs and courses once the agreed upon course materials and services have been rendered. Any sharing, copying, or re-distribution of PSW content in whole, or in part, is punishable by law. PSW is not liable for any course or program materials not downloaded and saved by the Client.
(7)
You agree to keep workbook user details and your password for the site Confidential (if applicable) at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs, or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
*** Should we discover that you (the Client) have intentionally shared your login credentials with anyone else so as to "share" access to any one of PSW groups, programs, or offerings, all access to ANY PSW offerings will be immediately terminated without question or warning. All remaining outstanding balances will be due to be paid in full immediately, and legal proceedings may be undertaken as this is considered theft. ***
Section D; Payment
(1)
The total price payable for the program is as set out in the summary of key terms in your program description and is non refundable.
(2)
You may choose to pay by installments (if this is set as an option) or in one lump sum and the total price payable shall depend upon which you have chosen and shall be as set out in the summary of key terms.
(3)
If you choose to pay in installments (if installments is an option), a deposit of the amount set out in the summary of key terms is payable on registration for the program. You will then be automatically charged for your remaining installments every 30 days until the total price payable has been paid. Such invoices must be paid within 7 days of the date of that invoice.
(4)
Should you choose to drop out of any PSW programs you are still legally obligated to make all agreed installment payments as agreed upon at registration of the program - such as when PSW is financing your purchase of one of our programs, coaching, or group coaching packages with one of our installment options provided. No exceptions.
Failure to make timely payments as agreed at registration will result in the following;
1. Immediate termination from Access to the Membership Portal (if applicable).
2. Immediate Removal from the Private Interactive Group Setting such as the Private Facebook Group correlated with your Course or Program.
3. A NSF Fee (Non-Sufficient Funds) of $50 per delayed payment that must be paid prior to program access being re-instated. This is to account for the added time and expense in admin fees in personally addressing your account and following up for payment.
4. A wait period of 7 days to bring your account back into good financial standing, before our Collections Agency is contacted, as well as your amount owing reported to vital credit report agencies such as Equifax and TransUnion, which may affect your ability to qualify for future credit-related purchases, loans, mortgages, vehicle financing, credit lines and/or credit cards.
(5)
Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the due date we reserve the right to i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of HSBC from time to time in force and/or ii) suspend the availability of the program until such time as the payment is made or the Contract is terminated by PSW. We reserve the right to terminate the contract at anytime once a payment is missed or delayed.
Section E; Recording, photography and filming
(1) We may wish to record, photograph or film a programme/event and reserve the right to do so for the purpose of future programmes/events and/or promoting future programmes/events or otherwise.
(2) You consent to us recording, photographing or filming (“Recordings”) you without any fee payable to you (other than as set out below). This consent includes Recordings of your participation in our live events, webinars, online courses, offline courses, presentations, and otherwise (“participations”) as well includes your past, present and future participations.
(3) You acknowledge and agree that we shall be entitled to edit, copy, add to, adapt or translate the Recordings at our discretion and, in respect of the Recordings, you hereby irrevocably waive in favour of us, our assignees and licensees the benefit of all moral rights and performers' rights arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any jurisdiction.
(4) You agree that we may use such Recordings of you for purposes including (without limitation) promotion of future programmes, events and/or courses and to create content for future programmes, events and/or courses.
Section F; Warranties, Representations and Guarantees
(1) All warranties and representations are excluded to the fullest extent permitted bylaw. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
(2) We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
Section E; Intellectual Property
(1) We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme. Nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.
(2) You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Programme.
(3) We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme were provided only.
(4) You may not use any of our Intellectual Property Rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
(5) We may from time to time record the Programme being delivered during your attendance. You authorize us to use your image and voice in any such recordings without payment, other condition or need for further consent.
(6) You acknowledge that certain information contained in the Programme and Programme materials is already in the public domain.
(7) You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission.
(8) The provisions of this Section E shall survive termination of the Contract
OUR LIABILITY
The material is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
We offer no professional legal, medical, psychological or financial advice. By purchasing any product and/or services of Amanda Stephens- PSW you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance.
We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and in no way is our content a promise to or guarantee of future earnings. We’ve taken every effort to ensure that we have accurately represented our programs and their ability to improve your life.
We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through us. The information contained in or made available through our sites (including but not limited to information contained on videos, social media, message boards, comments, phone calls, in emails, in text files, or in chats) cannot replace or be a substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of our content, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Yoga or fitness related activities
I understand that participating in the yoga and fitness classes are voluntary and there are many benefits to being physically active as well as risks. The reaction of the heart, lungs, and blood vessel system to exercise cannot always be predicted with accuracy. I know that there are risks of certain abnormal changes occurring during or following exercise, which may include but not limited to abnormalities of blood pressure or heart rate. Use of resistance equipment and engaging in vigorous cardiovascular training may possibly lead to musculo-skeletal strains, pain, and injury if warm-up, gradual progression, and safety procedures are not followed. I take full responsibility if an injury should happen, I DO NOT hold the instructor/coach accountable if an injury to, from or during a session should happen.
I understand and agree that I am in good physical condition. That I have no disabilities, impairments, or ailments preventing me from engaging in active exercise that would be detrimental to my heart, my safety, comfort, or physical condition if I participate. I also agree to listen to my body and rest/make adjustments when needed.
I state that I have had a recent physical check-up and have my physician’s permission to engage in physical activity.
· I, Amanda Stephens, maintains confidentiality for all of my clients, with the following exception(s): if a client share that they are in the process of, or planning to hurt themselves or someone else, I break confidentiality by whatever means I can in order to ensure no one is harmed.
· It is also possible that I would break confidentiality if required to do so by law.
· Of course, in this digital age, I can make no guarantees that my cell phone or email would not be hacked, though naturally I do what I can to prevent that from happening (and, of course, I am fallible).
· Coaching in an unlicensed and unregulated industry. I am NOT a therapist and DO NOT diagnose or treat conditions. Coaching is to be used on an “at your own risk” basis and is not recommended as a substitute for therapy.
· If you have been diagnosed or in treatment for a mental health-related conditions in the past, you are advised to continue with that treatment
Legal Disclaimer, Limit of Liability and Disclaimer of Warranty
Viewing a Recorded Session
Information, instructions and content delivered by the fitness instructors and / or personal trainers in this recording are provided as part of online programming (such as fitness webinars and / or instructional videos) and only on the condition that these will not be the basis of any claim, demand, or cause for action. Individuals acting on the information, instructions, or content of online programming (such as by performing actions, stretches, routines, or maneuvers) do so voluntarily and at their own risk. Individuals are responsible for ensuring their physical environment and location is free from hazards, equipment, or other item or factor that may cause harm to the individual.
No International Use
You must be present in Canada to view any of this online programming. No representations are being made that this recording is appropriate or available for use in locations outside Canada and no liability for loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever, in connection with the use of this recording is assumed by anyone associated with the production of this recording. If you view this recording outside of Canada, you assume any and all responsibility and liability for any claims for damages that may arise.
Copyright All rights reserved.
No part of this recording may be reproduced, or transmitted, in any form or by any means, for personal or commercial purposes, electronic or mechanical, including recording or from any information stored in a retrieval system, without the prior written permission of the copyright holder. Any person, legal person, corporation or organization that does any unauthorized act in relation to this recording may be liable to criminal prosecution and civil claims for damages.
I have reviewed and completed a Par Q- can be view with this link. http://eparmedx.com/
I have read the foregoing information and understand it. Any questions that have occurred to me have been answered to my satisfaction.