Terms of Purchase: Holistic Bodywork / Massage Treatment
This Service Agreement is entered into on this date between yourself ( herein referred to as Client) and Lindsey Stillwell (herein referred to as Company) for the service of Holistic Bodywork.
Company agrees to provide services of 'Holistic Bodywork', Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their reception of services.
Client acknowledges that neither the Company, their affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from these Services as to the healing, transformation, dissolving of symptoms, or content of any information or service provided through the Services.
Client understands that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your personal growth, experience of pleasure, physical change or transformation. Company under no circumstance intends to offer a cure for any physical illness and is not a registered medical doctor or psychiatrist. Company maintains that Services provided are therapeutic and results may vary.
Except as specifically provided in this agreement or where the law requires a different standard, Client agrees that the Company is not responsible for any loss, damage, death, illness or bodily injury, caused by receiving this Service.
To the maximum extent permissible under applicable law, the Company will not be responsible to the Client or any third party claims through the Client for any direct, indirect, special or consequential, physical or other damages arising in any way out of your purchases of Service.
Terms of Purchase: SHAMELESS
Terms of Purchase:
This Service Agreement is entered into on this date between yourself ( herein referred to as Client) and Lindsey Stillwell (herein referred to as Company) for the program 'SHAMELESS: Transmission to Heal'.
Company agrees to provide services of ‘SHAMELESS: Transmission to Heal’ (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client acknowledges that neither the Company, their affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from these Events as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Events.
Client understands that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your personal growth, experience of pleasure, professional performance, audience growth or any results of any kind. Client agrees that their results are dependent on various factors including but not limited to: skill, knowledge, ability, dedication, commitment, and finances and in no way dependent on any information the Company provides to Client.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that the Company is not responsible for any loss, property damage, death, illness or bodily injury, caused by your attendance at the Events. To the maximum extent permissible under applicable law, the Company will not be responsible to the Client or any third party claims through the Client for any direct, indirect, special or consequential, economic, physical or other damages arising in any way out of your purchase or attendance at the Events.
Client understands that they will have 12 months access to this program, and it’s resources and materials- and invited to participate in any other ‘Live rounds’ or adaptions of the program- while the program is publicly operating within that 12 months. The Client reserves the right to make any changes to this program.
The Program shall include:
- Five (5) in-person group sessions on consecutive days; OR a series of online classes offered at Company’s discretion
- Access to online materials, videos and written/journalling content
- Access to the private Facebook community and support
- Weekly Soul Support Live Video Transmission (and their recordings)
The total cost of this program is seven hundred seventy seven dollars ($777 AUD - inclusive of GST for Australian Residents).
If a payment plan is elected, Client agrees to be charged 7 x payments of $111 OR a deposit of $111 and 3 x payments of $222, to be paid within 60 days from the start of the Program.
If the Client’s payment plan deduction defaults- it is in the discretion of the Company to temporarily suspend access to all Company’s Online Membership Portal, videos, ‘playsheets’, resources and templates- until the payments are made in good standing and up to date with the financial agreement.
Either payment method aside from the Early Bird Special amounts to a total payment of seven hundred seventy seven dollars ($777 AUD - inclusive of GST for Australian Residents).
No Transfer of Intellectual Property:
Non-Disclosure of Materials: Material given to the Client in the course of the Events is proprietary, copyrighted and developed solely and specifically by the Company. Original materials that have been provided to the Client are for the Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by the Client to a third party is strictly prohibited.
All intellectual property, including Organiser’s copyrighted Events and/or program materials, shall remain the solely and exclusively the property of the Company. No license to sell, reproduce or distribute Organiser’s materials is granted or implied. Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Company or Participants.
Further, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Refund and Cancellation Policy:
The Client acknowledges that by committing to this Program, the Client is committing to fullfill the financial obligations for the Client’s participation.
A Refund will only be provided at the discretion and approval of the Company, if the Client is unable to complete the full Program.
There are no refunds for change of mind. Transfers of program are only available at the discretion of Company.
The Program has been developed for strictly educational purposes. Client accepts and agrees that Client is the one fully responsible for their progress and results from the Program. The Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature and extent of the Program, the results experienced by each Client may significantly vary. Client acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
Attendance of Sessions:
Please make every effort to attend Group Sessions, Online Transmissions/Classes and be an active participant in the Program- in order to get maximum value. No refunds will be given for non-attendance of sessions.
Therapeutic Coaching During Program:
Client has access to professional coaching during Program. Client acknowledges that while these sessions are therapeutic in nature, Company in no way guarantees psychological, emotional or otherwise diagnosis. Results are not guaranteed. Client enters into the coaching and program with the full understanding that Client is responsible for their own mental health, and for their results.
Client hereby grants to the Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to Client’s appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage, written script, testimonials, print images and photography for the Events, Classes or workshops.
Client hereby authorises the Company to photograph, record, or release (on tape, film, print, website or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Events; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name and likeness in connection with the Events. Client hereby waive all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Client’s Appearance. The Company owns all rights and proceeds resulting from Client’s Appearance. The Company is not obligated to utilise the authorisation granted by Client hereunder.
Independent Contractor Status:
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In these Events no such persons shall be deemed employees of the other party by virtue of participation or performance hereunder.
Sever-ability / Waiver:
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation Of Liability
Client agrees they purchased the Program at their own risk and that Events are only educational services being provided. Client releases the Company, it’s employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities in any way as well as the venue where the Events are being held, and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your participation in the Events. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Organiser’s services or enrolment in the Events. The Company assumes no responsibility for errors or omissions that may appear in any of the Events materials. Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.
The Company is committed to providing all Clients a positive experience. By accepting below, Client agrees that the Company may, at their sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Events without refund or forgiveness of monthly payments if the Client becomes disruptive to the Company or Participants, difficult to work with or upon violation of these terms. Client will still be liable to pay the total Program amount.
Client shall defend, indemnify, and hold harmless the Company, their employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by the Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognises and agrees that all of the Organiser’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
D) Equitable Relief
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction
F) Entire Agreement
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
G) Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Each session requires a non-refundable deposit fee paid at time of booking.
Full payment is to be made within 24 hrs of session.
In the case of cancellation, 24-hrs needs to be given; if your appointment is cancelled within 24 hrs, no refunds will be made, however payment can be transferred forward for a future session, booked within 14 days.
CONTENT & COPYRIGHT:
All content is copyright © Lindsey M. Stillwell 2015-present, photos are used with permission. Content should not be reproduced or copied, in part or whole, without written consent from Lindsey M. Stillwell.
If you are suffering from a pre-existing medical condition or injury, please advise me before your session; responsibility will be yours in the case of exacerbated injuries or conditions.
INCOME & INCLUSIVITY:
Please read my note On Inclusivity for those of low income, social or economic disadvantage, etc.