SERVICE OFFERING AGREEMENT
July 27, 2022
What are the Sessions?
The Sessions are private in-person or online sessions that are run by Seth Lyon to support you in your healing journey using somatic practices.
What support is available?
If you should have any questions around our policies, technical support, how Sessions are delivered, what is involved and its suitability for you and your personal and professional needs, do not hesitate to email Seth at email@example.com
For online Sessions, participants must have an internet connection fast enough for decent quality on video calls. If you don’t know if your internet is fast enough please try out a ZOOM call or Skype call with a friend beforehand, and make sure they can see and hear you clearly.
Participants agree to be on time and present before each Session commences.
Participants must be open to feedback and have a willingness to be coached.
As an adult learning experience, participants are expected to truly honour their investment and show up for themselves 100%.
Participants acknowledge that if, in the reasonable opinion of the Company or any of its teachers, representatives, or moderators, including Seth Lyon, (“Company Representatives”), they are acting in a disrespectful manner to Company Representatives, any or all further Sessions may be cancelled without refund.
Sessions may also be cancelled if, in the reasonable opinion of any Company Representative, there are issues in the working relationship with a participant.
Confidentiality and Limited License
By participating in a Session, you agree and acknowledge that the Company and you may each record a Session. You may also be provided with supplemental materials, including audio recordings or educational information, after a Session. All information shared during or provided after the Session is considered strictly confidential and is not to be publicly shared without approval by the Company or Seth Lyon.
Any information provided to you or otherwise accessed in connection with Sessions shall be in accordance with this Agreement, our website terms, and any other terms included each time such information is provided or accessed.
Can I get a refund?
To ensure commitment to the times, to oneself, and to Company Representatives leading each Session, refunds are only available if you cancel with at least 24 hours’ notice. We may also grant refunds if you cancel due to illness or emergency within the 24-hour window. In all other cases, there are no refunds.
Changes to this Agreement
Please note that we reserve the right to modify the timing of the Sessions, and all other offerings listed in this Agreement, when reasonably necessary or advisable. In such cases, we will use reasonable efforts to communicate with you in the event of any such changes to this Agreement.
Assumption of risks
I agree that I am aware and understand that the Sessions and related activities may involve risks and dangers, including but not limited to the risk of injury or the commencement or worsening of physical or psychological conditions. I acknowledge that I am voluntarily participating in the Sessions and the related activities and freely accept and fully assume any and all of the risks and dangers involved, whether caused by the negligence of the Company, Company Representatives, or otherwise.
By participating in the Sessions, I expressly waive and release any and all claims (“Claims”) which I have or may have in the future against the Company or Company Representatives, including their respective affiliates, employees, agents, and representatives (collectively, the “Indemnified Parties”) on account of any injury or damage arising out of or attributable to my participation in the Sessions or the related activities. I agree not to commence or bring any Claims against the Indemnified Parties and I irrevocably release and discharge the Indemnified Parties from liability under the Claims.
Please note that the Sessions are not a substitute for professional medical advice, diagnosis, or treatment. It is intended to address somatic, nervous system based trauma. The Sessions, and their related content and information, has not been scientifically evaluated and should not be used as a substitute for medical or psychiatric advice, cannot diagnose or treat any medical or psychiatric condition and does not replace care from your physician. We are not psychiatrists, psychologists, or medical professionals. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call your local emergency services immediately.
Limitation of Liability
The Company’s liability with respect to its obligations under this Agreement or otherwise, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, and even if the Company has been advised of the possibility of such damages and for any and all claims arising under or in connection with this Agreement, regardless of the form of action, shall not exceed the aggregate amount of the fees that you pay hereunder.
In no event shall the Company be liable for any indirect, incidental, or consequential damages of any kind, including without limitation, indirect, special, punitive or exemplarily damages for lost business, lost savings, lost data, and lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages.
I agree that this Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein, without regard to their conflict of laws principles. Should a dispute arise as a result of this Agreement, I agree to submit to the exclusive jurisdiction of the courts of British Columbia and waive any jurisdictional objections to such courts. I further agree that the prevailing party in any action that arises as a result of this Agreement will be entitled to receive from the other party its reasonable legal costs.
Acknowledgement and Independent Legal Advice
I have read the above terms and fully understand them. I am of the legal age of majority in my jurisdiction and am authorized to grant the permissions, waivers, and releases set forth above. I have sought or hereby waive the opportunity to seek independent legal advice prior to accepting the terms of this Agreement.
Scientuitive - Fitness & Wellness Education Inc.