PARTICIPANT SERVICES AGREEMENT (the “Agreement”)

The EDS Clinic PLLC HOPE FOR HYPERMOBILITY PROGRAM

 

Participant Information

Service Purchased: HOPE FOR HYPERMOBILITY PROGRAM

(the “Program”).

Investment: $497 in 1 pay option or $189 in 3 pay option (189/month x 3 months)(hereinafter referred to as the “Investment”).

 

This Agreement is made effective as of date signed by and between The EDS Clinic PLLC (hereinafter referred to as the “Company”) and PARTICIPANT (hereinafter referred to as the “Participant”). The Participant and the Company will collectively be referred to herein as the “Parties”.

 

The Parties hereby agree to the following:

 

1. Program/Service Description

 

• Recorded course hosted by Kajabi
• Open Clinic hours: 1 hour over Zoom every month in a group setting
• Support: at Open Clinic hours. There is no email, phone or clinic support with this program. This is referred to hereafter as "Company Calls/Sessions"
• There is no patient-provider relationship established in this online self-paced program or at the group Open Clinic Hours. Rebecca Mass-Krajewski ARNP-BC is not giving direct medical advice and is operating in a coaching setting, not as any participants medical provider.

 

1. Payment

The Participant will pay the Investment pursuant to the following terms:

Investment: $497 in 1 pay option or $189 in 3 pay option (189/month x 3 months)

Payment Schedule / Due Dates: Investment due on or before at time of contract signing and if 3 pay option investment due to begin with purchase and continue monthly for 3 total payments

Payment may be completed by using credit card, debit card, or HSA card through Stripe payment processing center.

• Late / No Payments:

Payments are due on or before the due dates listed in this section. Late payments will not be accepted. If a payment is not made on or before the due dates stated herein, the Company will send the Participant an email with instructions on how to make immediate payment.

• Cancelled Card

The Participant will not cancel their credit or debit card to avoid further payments once contract is signed.

• Refund Policy: No Refunds

The Company will do everything within their ability to ensure the Participant’s satisfaction with the Program. The Company expects that the Participant will do the same. Refunds will not be issued for Company services already conducted. If, for any reason, the Company is unable to fulfill their obligations to the Participant, the Participant will be refunded in full for any part of the Program paid for but not yet rendered.

• No Chargebacks

The Participant will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Participant’s credit card and/or form of payment (ie, PayPal, Stripe) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

 

3. Term & Termination

The Program access is for 90 days and begins immediately upon investment and contract signing (the “Term”). The Participant understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon. 

 

The Participant may not terminate the Agreement prior to the end of the Term. The Company may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Participant for any unused portion of the Program.

 

4. Participant Commitments

The Participant agrees to the following as part of the Program:

• The Participant shall participate fully in the Program to the best of their ability. 
• The Participant shall immediately inform the Company of any issues or difficulties they may have with the Program.
• The Participant shall complete payment of the Investment according to the Terms herein.

 

5. Company Commitments

The Company agrees to the following as part of the Program:

• The Company shall participate fully and intently in the Company Calls, and any other part of the program, to the best of their ability.
• The Company will support the Participant to the best of their abilities in accordance with Section I of this Agreement.
• The Company will not, at any time, either directly or indirectly, use any information disclosed by the Participant for the Companies own benefit, nor will the Company disclose or communicate, in any manner, any information to a third party about the Participant. The Company will not divulge that the Parties are in a Companies relationship without your express permission.

 

6. Disclaimer

The Participant understands that the Company is a Health company/Clinic founded by Rebecca Mass-Krajewski ARNP-BC.

 

The Company is a nurse practitioner with a medical license and in no way is she responsible for the Participant’s medical treatment during the program. If the program includes elements that the Participant decides they could apply to their health the Participant will discuss and clear any and all changes to the Participant’s lifestyle, food intake, exercise regimen, or medical treatment with their qualified medical professional or physician before implementing changes or habits suggested by the Company. The Participant confirms that they have or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle. The Participant understands that the Company is not a nutritionist, medical doctor (MD, DO, ND), and/or a psychotherapist or psychologist.

 

7. Cancellations & Rescheduling Appointments

If the Company is unable to keep Open Clinic hours for any reason the Participant will receive an email update. 

 

8. Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Participant’s sole and exclusive remedy for negligence, failure to perform, or breach by the Company hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE PARTICIPANT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

 

9. Indemnification

Participant agrees to indemnify and hold harmless the Company, The EDS Clinic PLLC, and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against The EDS Clinic PLLC or the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Participant and/or the Company.

 

10. ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of WA. The arbitration hearing shall be held in the state of WA within 15 miles of Redmond WA. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Participant shall be a refund of any amount paid to the Company.

 

11. Entire Agreement

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

 

12. Severability

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

13. Applicable Law + Venue

This Contract shall be governed by the laws of the state of WA. Any action brought by any party arising out of or from these Terms shall be brought within the state of WA, County of King.

 

14. Photograph and Testimonial Release

The Participant grants the Company the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Participant's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Company’s website, and to the Company’s future Participants. The Participant understands that they will not receive any compensation for use of their likeness, testimonial, or image. The Company will make all reasonable efforts to conceal the identity of the Participant, unless otherwise granted permission by the Participant to share their name or identifying information. The Company will always seek separate Testimonial release beyond this contract for any use of individual testimonial or likeness.

The Participant will not take any screenshots or plagiarize the Program. They will not share their login with someone else.

 

14.  Confidentiality                                    

The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.   

                                                                       

Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.

 

I HEREBY CERTIFY THAT I, THE PARTICIPANT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.

 

Signed online

 

[END OF AGREEMENT]