Online Programs Participant Agreement & Liability Waiver Holistic Somatic Courses, Coaching, & Memberships

The Body Intuitive, LLC 

Online Programs Participant Agreement & Liability Waiver

Holistic Somatic Courses, Coaching, & Memberships

1. Introduction

Welcome to The Body Intuitive (“TBI” "Company," "we," "us," or "our").

Should you have any questions or concerns, you can email support@thebodyintuitive.com or call us at 480-999-6087.

Please review the following terms and conditions (the “Agreement) carefully. By participating in any online services including courses, coaching, and/or the TBI Connects Membership (the “Services”) provided by The Body Intuitive, you agree to comply with and be bound by this Participant Agreement and Liability Waiver.

NOTE: Should you decide to decline signing this waiver, you will not be allowed to participate in The Body Intuitive online courses & coaching, and shall not be allowed access to the TBI Connects Membership Practice Portal and Community Chat Portal.

2. Definitions

• “Services” refers to all online coaching, courses, and community access provided by us.
• “Content” includes all materials provided through our Services, such as text, graphics, videos, and other educational resources.
• “Participant” refers to any person who accesses or uses the Services.

3. Effective Date

This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.

4. Services Provided

We offer online mobility services, including personalized coaching sessions, online courses and programs, and access to our community platform. These Services are designed to help users achieve their personal and wellness goals.

The Company agrees to provide access to all of the Services features as described in the specific Services sales page on the Effective Date. This content may include lessons, forms, worksheets, checklists, ongoing live training sessions, and private discussion groups.  The Company may also introduce discounts or bonuses to Participants upon the purchase of other products or services.

Service Categories:

• Online Courses, Programs, and Coaching
• TBI Connects Community Membership: Practice Portal
• TBI Connects Community Membership: Chat Portal

4. Eligibility

You must be at least 18 years old to use our Services. By accessing or participating in our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement. If you are under 18, you may use our services only with the involvement of a parent or guardian.

5. Payment and Refunds

• Fees: Fees for our Services are as stated on our website upon purchase or enrollment. Prices may be subject to change upon subsequent enrollment. The fees charged by the Company shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Company.
• Billing for Memberships: All memberships are billed automatically until expired or canceled. Members will have access to their subscription or course until expiration date, unless membership is terminated due to a violation of this Agreement.
• Violations of Membership Agreement or Code of Conduct: If membership is terminated due to a violation of this Agreement or the Member Code of Conduct, The Body Intuitive will remove the Member from the Membership and will not reimburse the Member for the remainder of any paid subscription period, nor will reimbursements be made for membership cancellations prior to any renewal date. Members may cancel their membership at any time, but financial provisions of this policy still apply. Memberships must be canceled prior to the renewal date in order to end membership charges.
• Refund Policy: Refunds or prorations for partially unused subscriptions may be given at the discretion of the company.

6. Participant Responsibilities

• Account Registration: To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Security: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your password or account. You agree to (a) immediately notify The Body Intuitive of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session.
• Account Responsibilities: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
• Respectful Use: You agree to use our services in a manner that is lawful, respectful, and in accordance with these terms. You are responsible for maintaining the security of your account and for any activities or actions under your account. You agree not to engage in any behavior that is harmful, abusive, or disruptive to the community.
• Prohibited Activities: You may not use the Services for any unlawful purposes or engage in harassment, fraud, or other prohibited activities. You agree to follow our community guidelines, which include prohibitions on harassment, violent or hate speech, doxxing, terfing, and/or any form of discrimination. Violations of these guidelines may result in suspension or termination of your account.
• Community Guidelines & Member Code of Conduct Agreement: Our community forums are designed to be a supportive and respectful environment. You agree to abide by all terms and conditions set forth in the Community Guidelines & Member Code of Conduct and understand that if you do not comply with all specified online community standards, we will revoke your access privileges to the Services, end any subscriptions, and no refunds will be provided.

7. Company Responsibilities for Online Community Oversight

Though the Company strives to enforce these terms and community standards for all participants, you may be exposed to Participant Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates this Agreement or the TBI Connects Member of Conduct, or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the law. If you become aware of misuse of our Service, please contact us support@thebodyintuitive.com.

7. Health & Safety Disclaimer

Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained in these Services or in any of the available Content. These services are not intended to provide medical advice or make medical diagnoses, and may not be tailored to match your energy, health or fitness level. If you are concerned about whether any exercises suggested are right for you, do NOT do them unless and until you have cleared it with your physician.  

8. Disclaimer of Links to Third-Party Content, Sites, and/or Materials. 

As part of the Service, the Company may provide you with convenient links to third party web site(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.

Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company.

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.

The Company takes no responsibility and assumes no liability for any Participant Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users. The Company does not provide any online information as medical or legal advice; only holistic somatic coaching services.

9. Confidentiality and Privacy

The company respects the privacy of its program participants. Please refer to the Company’s Privacy Policy (https://www.thebodyintuitive.com/privacypolicy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use any online Services, you signify your agreement to this Privacy Policy.

10. Use of Content and Intellectual Property

• Content Ownership: All Content provided through the Services is owned by The Body Intuitive or its licensors. You may not use, reproduce, or distribute any Content without our explicit permission. Any use of the Services, including modification, transmission, presentation, distribution, republication, or other exploitation of the Services or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
• Your Usage Rights: You are granted a limited, non-exclusive, non-transferable license to access and use the Content for your personal use only; no redistribution of allowed. You may not reproduce, distribute, or create derivative works from our content without our express written permission. Access to course materials is granted for the duration specified at the time of purchase.
• License Grant of User Content to the Company: By posting any Content via the Service and community membership forums, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.

11. GENERAL TERMS

These terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to these terms or our services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Los Angeles, California, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. International Users The Service is controlled, operated and administered by TBI from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TBI Content accessed through www.thebodyintuitive.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Site are governed by the laws of California, without regard to conflict of law provisions. The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://www.thebodyintuitive.com/privacypolicy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREE MENTORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 

12. Modification Of Terms Of Use

We may update these Terms of Use from time to time. Any changes will be posted on our website, and your continued use of the Services constitutes your acceptance of the modified terms. The most current version of the Terms will supersede all previous versions. TBI encourages you to periodically review the Terms to stay informed of our updates.

13. Termination

We reserve the right to terminate or suspend your access to the Services at our sole discretion if you breach this Agreement. You may terminate your use of the Services at any time by discontinuing your access and/or canceling your membership enrollment.

14. Contact Us

TBI welcomes Questions, comments and requests regarding this privacy policy are welcomed and should be addressed in writing to:

The Body Intuitive, LLC

1011 Camino del Mar, Ste. 252
Del Mar, CA, 92014

support@thebodyintuitive.com 

(480) 999-6087

15. Notice of & Consent to Use Client Testimonials

Acknowledging the personal and private nature of many of the topics covered in our healing work, we take your consent, confidentiality, and privacy seriously. Accordingly, please review and complete this section to indicate your choice for consenting to use your testimonials. This helps us establish clear expectations at the outset of treatment.

Throughout your participation in The Body Intuitive LLC's educational courses and coaching programs, you may be prompted to share your experiences and provide feedback. Testimonials can include a wide range of social feedback: commenting in an interactive group space on a Breathwork course, providing accountability comments to your coach in a 1x1 Personalized Treatment Plan, or tagging the Company on a social media post.

1. Notice of Testimonials

You are notified that “Testimonials” and “Statements” may be recorded or captured as a screenshot, as a teaching method, accountability/progress tool, public testimonial, and value-added benefit to services. You have the right to give and revoke consent for use of testimonials.

1. Consent to Testimonials

If you choose to give consent for testimonials, you hereby acknowledge notice of filming and irrevocably consent to authorizing The Body Intuitive to: (a) Take photographs, videos, or audio Testimonials & Statements that may contain your likeness, name, voice, or image (the “Testimonials, or “Statements”); (b) Take, obtain, edit, display, publish, and distribute Testimonials or other statements from you (the “Statements”); and (c) Use, reproduce, distribute, display, publicly perform, modify, adapt, publish, create derivative works of, and otherwise use, either in whole or in part, with or without attribution, the Testimonials and Statements for any commercial, advertising, or business purpose in any medium, whether now known or hereafter devised. You may revoke consent to use testimonials at any time with written notice to support@thebodyintuitive.com. Allow 30 days for removal of usage from all public domains.

1. Compensation for Testimonials

To abide by professional ethical codes and policies of third-party merchant listing platforms such as Google and Yelp, you will receive no compensation from The Body Intuitive other than any goodwill and publicity that you may receive relating to the publication, distribution, or other use of the Testimonials or Statements as set forth in this release. You understand and agree that the Testimonials or Statements may or may not contain attributions specifically identifying you or any of your property.

1. Owner of Testimonials

You acknowledge that, between the two Parties to this Agreement, The Body Intuitive is the sole and exclusive owner of all right, title, and interest in the Testimonials and Statements, and you hereby assign The Body Intuitive any right, title, and interest you may have herein. You hereby release and discharge The Body Intuitive from any and all claims, losses, costs, liabilities, damages, and expenses you might have in connection with The Body Intuitive’s use, display, dissemination, or exploitation of the Testimonials and Statements, including, but not limited to, any claims for defamation, violation of moral or artist rights, and any right of privacy or publicity.

1. Optional Consent to Sharing Content for Testimonials

The Body Intuitive is constantly inspired by our client’s progress and on occasion may want to share content that may help others find their own path of healing! We also understand your desire for privacy and want to make sure that we only share content that you feel comfortable with having us share, and therefore we have provided several options below that let you choose how we can use your experiences to support and inspire others!

Please pick from the dropdown menu the level of consent to which you agree for The Body Intuitive to share written content, audio, photos, and videos from the content you choose to share in the community chat & practice portals, or conversations in social media, text, or other platforms, for the purpose of testimonials, marketing, and/or teaching purposes: 

(Choose one from dropdown)

>I consent to use identifying information such as full name, instagram handle, likeness, and occupation

>I consent for TBI to use only my first name and likeness in materials and content (for example, only first name and face/body may be shared)

>I consent for my TBI to use my materials and content on condition of anonymity (no personal identifying information shared)

>I do NOT consent to have any of my materials and content used for testimonials, marketing, and/or teaching purposes

16. Disclaimer of Warranties/No Guarantee of Result

The Body Intuitive makes no guarantees or warranties, express or implied, regarding the results or outcomes of participating in our online membership or courses. The success and benefits derived from our programs depend on various factors, including but not limited to individual effort, commitment, and adherence to the program guidelines. Participants acknowledge that results may vary and that TBI is not responsible for any specific outcomes or lack thereof. By enrolling in our programs, participants agree to these terms and understand that they are solely responsible for their progress and results.

The Services are provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Company expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Services, to the fullest extent permissible under applicable law. While the Company endeavors to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Services including, without limitation, the Company provides no representation or warranty that (i) the Services will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Services will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Services at your own risk and liability.

17. Liability Waiver and Release

To the fullest extent permitted by law, The Body Intuitive is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Services.

The Participant hereby agrees to release the Company and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Services (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Services. The Participant will indemnify and hold harmless the Company and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Company and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Services or its content.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, ORDATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AN DEVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages(actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify, defend and hold harmless TBI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TBI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TBI in asserting any available defenses.

Please initial each paragraph to indicate your agreement as follows:

Initials

I am voluntarily participating in educational courses, programs, and/or membership about holistic health and wellness provided by The Body Intuitive. I will be receiving instruction and information concerning fitness and wellness techniques, which may include mobility, yoga, interpersonal relationship skills, and other coaching activities. I represent and warrant that I have no physical or mental health condition that would prevent my safe participation in these activities.

Initials

I acknowledge and agree that The Body Intuitive is not a licensed medical provider and does not provide any medical diagnoses, provide insurance billing codes, or prescribe medications. I acknowledge that taking online holistic health education does not equate to medical treatment, but personal development. I agree that should I have any concerns about any medical condition during my participation in course activities, I will immediately seek the help of an appropriately licensed medical professional.

Initials:

I agree that if I am or if I may be pregnant, have physical injuries, cardiac diseases, mental health disorders, or if I am taking any medications that may result in an adverse reaction in connection with physical and wellness activities, that I will consult with and obtain the permission of a physician prior to engaging in any physical exercise or other activities in connection with these classes.

Initials:

I understand and agree that for any and all participation in any programs, memberships, and community chat forms, I will adhere to the decorum and standards described in these Terms and in the TBI Connects Community Guidelines & Member Code of Conduct 

Initials:

I understand that TBI reserves the right in its sole discretion, to terminate access of the Participant to the Services and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Services or other Participants, and/or fails to follow the Community Guidelines & Member Code of Conduct. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Initials

User Consent To Receive Communications In Electronic Form: You (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to support@thebodyintutive.com. Opting out may prevent you from receiving messages regarding the Company or Special Offers.

15. Signature and Agreement

First and Last Name

Date of Birth

Email Address

Complete Legal/Mailing Address:

Signature

Date of Signature