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I agree to be bound by these terms:
1. Parties
The term “Company” refers to Elysia Hartzell individually, and any company that she may start in the future.
The term “Trainee” refers to the purchaser of the Sacred Soul Alignment™ Training Program.
2. Scope
The scope of this Agreement covers Trainee’s and Company’s agreements about their relationship created through Trainee’s participation in Company’s Sacred Soul Alignment™ Training Program. This Agreement covers intellectual property rights, liability, disclaimers, and other important legal implications of entering into this relationship.
3. Fee
Trainee purchased a spot in the Sacred Soul Alignment™ Training Program for $2400 (or $1999 if purchased Early Bird Rate). There will be no opportunity for refunds of this fee regardless of the reason for the request.
4. Intellectual Property Rights
Company owns intellectual property rights to the healing modality, Sacred Soul Alignment™. Company retains full ownership rights. Trainee is NOT purchasing any portion of ownership of the intellectual property rights to the name Sacred Soul Alignment™ or to the healing modality itself.
Trainee is not allowed to and will be in breach of this contract if she purports to train others in this healing modality or if she holds the modality out to be her or his own.
5. Trainee’s Acknowledgements
Trainee acknowledges that she has purchased a spot in the Sacred Soul Alignment™ Training Program and that the purpose of this training program is to teach Trainee how to use the Sacred Soul Alignment™ healing modality.
Trainee agrees:
1) To use the appropriate trademark symbol when referencing Sacred Soul Alignment (™ while the trademark application is pending and ® upon approval);
2) To not train others on the Sacred Soul Alignment™ modality unless trainee enters into a separate agreement with Company;
3) To not claim the modality as her own and to reference Company when discussing the origin of the modality.
6. No Guarantees
Company provides no guarantees about the results that Trainee will experience while taking the Sacred Soul Alignment™ Training Program nor does Company guarantee the results Trainee will have when utilizing the Sacred Soul Alignment™ in her practice. Further, Trainee should never guarantee the results her clients may experience.
7. Disclaimers
The Sacred Soul Alignment™ energy healing modality does not replace medical, psychological, financial, or legal advice or services. Company does not purport to offer, and Trainee agrees that Company does not offer a professional service of any kind, including medical, psychological, financial, or legal. Company does not prevent, treat, diagnose, or cure any disease or condition of any kind. Trainee should never hold herself out to provide these professional services when providing the Sacred Soul Alignment™ healing modality.
8. Warranties
Company and Trainee warrant that they have full authority to enter into this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
9. Whole Agreement
This Agreement constitutes the entire agreement between Trainee and Company. This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations.
10. Modification; Waiver
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. In order to make the waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
11. Severability
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
12. Limited Liability
THE AMOUNT OF COMPANY’S LIABILITY RECOVERABLE BY TRAINEE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Notices
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid and sent to the party’s address.
14. Dispute Resolution; Costs and Fees; Applicable Law/Venue
Both Company and Trainee agree to make every effort to resolve disputes without the need for third party assistance. Otherwise, Company and Trainee agree to utilize Arbitration, which will be held in Washington state.
Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Hawaii. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Washington.
If Company is the successful party to the dispute resolution, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled.
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