Survive and Thrive Agreement
Welcome! I am excited that you are able to join us for Survive and Thrive program which is an online educational series. I request that you participate in only those activities that you are physically, mentally, emotionally, and spiritually able to do, and that you notify me of any restrictions you have regarding any of the activities, and I will do my best to accommodate them. Your well-being and comfort is of the utmost importance to me.
What This Agreement Means in "Regular People Speak"
In summary, this agreement is pretty much standard for this type of event and is intended to protect both you and I.
- 1That you may access the online educational series after you agree to this document by checking the 'box" and pay
- 2Expectations and responsibilities for both you and I
- 3Your investment
- 4Refund policy
- 5that I own the material distributed and that you may only use it for your individual use
- 6that you are voluntarily purchasing this educational series and agree to the Consent, Release, Waiver and Disclaimer
- 7that you absolve us from any liability of any kind
- 8other legal jargon
The Agreement details are below:
Please read the following information carefully and let us know if you have any questions before checking the box.
By checking the “I agree to the terms and conditions" box I agree to all of the terms of the Survive and Thrive Agreement, you acknowledge that you have read, understand, agree to and accept all of the terms in this Agreement. Checking the box prior to having access to purchasing this Agreement, is permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to checking the box, and your checking the box indicates that you are in agreement with all of the terms of this Agreement. Breast Cancer Conqueror, LLC acknowledges that we have read, understand, agree to and accept all of the terms in this Agreement. This Agreement is being made between Breast Cancer Conqueror, LLC, of 100 N. Howard St. Suite W Spokane, WA 99201 (“Event Facilitator” or “me” or “I” or “my” or “us” or “our” or “we” or “Facilitator) and the you (“attendee” or “you” or “your”). We both legally agree to the following:
The Survive and Thrive program (“Program” or Event”) will include a deep dive into the 7 Essentials System®. The entire educational series includes presentation recordings, expert interviews and downloadable resources. You are provided access to a virtual dashboard which contains all the content.
You will be enrolled in the Program upon:
- Checking that you agree to this agreement
- Payment in full or make first payment
Your Program (“Program or “Event”) will include:
- More than ten hours of educational recordings
- Diving into the each of the 7 Essentials System® and how to Integrate Conventional Treatments and Natural Medicine.
What you will need to access the Survive and Thrive program.
- Desktop computer, laptop, tablet or smartphone with an internet connection
- The Survive and Thrive program will is recorded meaning you can only access by connecting with internet links we email to you.
Investment and Payment: You agree that you are financially willing and able to invest in this Event by choice, and that by so doing, you are not incurring any economic hardship in any way. Your investment will be $130 or three payments of $47, unless you were offered a special promotion.
Payment Authorization and Receipt: If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Event without any additional authorization, and you will receive an electronic receipt. If I choose to provide you with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Event will be put on hold until payment is made.
- You may request a 100% refund within three days of your purchase.
- There are no refunds after three days.
Intellectual Property Rights.
The Event Facilitator retains all ownership rights to the materials provided to you through your participation in the Event. Any copyrighted and original materials shall be provided to you for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received at or in relation to the Event electronically or otherwise without the Event Facilitator’s prior written consent. All intellectual property, including the copyrighted Event materials, shall remain the Event Facilitator’s sole property and no license to sell or distribute any materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Event content, including any of the Event materials.
Consent, Release, Waiver, and Disclaimer.
By enrolling in this program, you hereby agree to the following:
- You voluntarily desire to participate in the program and you take full and sole responsibility for your life and well-being and all decisions made before, during and after the program.
- You acknowledge that you are choosing to participate voluntarily in Program Activities and you recognize that these Program Activities may contain certain inherent risks. You represent that you are in good health and you understand that you may decline from participating in any of the Program Activities if you deem it to be in your own best interest. You voluntarily and expressly assume the risks of the Event and all Program Activities.
- You understand that you are responsible for reading all information provided by the Event Facilitator before and during the program, including any and all Agreements, schedules, policies, procedures and notices related to the program.
- You understand that the information provided at or in conjunction with the Program Activities and Event is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered mental or physical health care professional. You understand that the Event Facilitator is not acting in any capacity as a medical or mental health care provider. You understand that the Event Facilitator is not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body during the course of the Event. Rather, the Event Facilitator is serving as an Event Facilitator, guide, educator, and mentor.
- You agree to seek the advice of your physician or another qualified health care professional prior to and during the Event regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food or other allergies or sensitivities, dietary restrictions, or any medications you are currently taking. You understand that you are advised to speak with your own physician or mental health provider before attending the Event or implementing any Program Activities. You agree to not disregard or delay seeking professional medical advice or stop taking any medications without speaking to your own physician or mental health care professional.
- You acknowledge that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use or non-use, of any information provided before, during or after the Event, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from the Program Activities and Event to your life, family or business. You fully agree that there are no guarantees as to the specific outcome or results that you can expect from using the information you receive on or through the Program Activities and Event, including no guarantees that you will have any other specific result.
Limitation of Liability, Indemnification & Release of Claims
By attending and/or participating and/or accessing the Program Activities and Event, you agree to absolve the Event Facilitator of any damage, liability or loss that you, or any other person, may incur from use of the information, products or materials that you receive before, during or after the Event and Program Activities. You agree that the Event Facilitator will not be liable to you, your family, dependents or heirs, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for your participation in or reliance on the Program Activities or Event,
You agree now that you fully and completely hold harmless, indemnify and release the Event Facilitator and any of the Event Facilitator’s agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the Event Facilitator’s businesses from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that were to arise in the past, present or future by you, your family or heirs, your business or company, or any other third party or entity for any action, default or omission in any way related to the Program Activities and Event.
In no event will the Event Facilitator be liable to you or to any party for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on this Event, the Program Activities, or its information, programs and/or services, including, without limitation, personal injuries, accidents, misapplication of information, or any other loss, malady, disease or difficulty, or otherwise, even if you are expressly advised of the possibility of such damages or difficulties, whether caused by the fault of you, the Event Facilitator, other attendees, other third parties, a force majeure, or any other act or circumstance outside of the control of the Event Facilitator.
Other Important Terms
Notice: All correspondence or notice required regarding the Event or this Agreement shall be made to me at Brian@BreastCancerConqueror.com and to you at the e-mail address provided with your billing information. Should your e-mail address or contact information change at any time throughout the course of the Program, it is your responsibility to provide your new contact information to me within 7 days of any such change.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement. In the event that any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining portions of the Agreement which shall be severed and remain in full force.
Governing Law: This Agreement shall be construed according to the laws of the County of Spokane in the State of Washington
Dispute Resolution: It is hoped that should we ever have any differences, we could be able to work them out through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must submit your complaint to me with full details about your dissatisfaction via e-mail to me at my e-mail address below. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No award of consequential or of any other type of damages may be granted to you. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Spokane County in the State of Washington and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
Non-Disparagement: In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including social media, designed to disparage the Program or me, including the Thrive and Survive Event, Breast Cancer Conqueror and my business. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.