Her Sanctuary Membership Agreement

Effective date: Upon registration and payment for membership.

 

Agreement

 

Agreement: This is a binding agreement between you (herein referred to as “Client”) and The Practice for Women, Inc. (herein referred to as “The Company,”) (each party collectively as “Parties”), in consideration of the mutual promises made herein.

WHEREAS, Company provides training and consultation in the areas of spirituality and life coaching, support and guidance,

WHEREAS, Client wishes to retain Company on the terms and conditions set forth herein to provide such services,

NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:

 

Services

 

Company agrees to provide services of Her Sanctuary Membership (herein referred to as “Her Sanctuary” or “Program” or “Membership”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program. 

 

Disclaimer

Client understands The Practice is not an employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietitian, nutritionist, financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. Spiritual guidance, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Spiritual guidance services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions.

Client understands that The Practice has not promised, shall not be obligated to and will not; act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands The Practice will not provide health care, mental health services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

Client understands that the information in this membership is NOT medical or or mental health advice and is not meant to take the place of seeing licensed health professionals.

 

Program Structure

 

The Practice Ceremony

Each month Michelle offers a live Practice Ceremony. This is a time to gather as a global community in sacred practice, ritual, deep conversation, and connection. This ceremony is a sacred touch point and an escape into yourself that you won't want to miss. It becomes your monthly ritual and connection with your higher self. It's a time where we get to share and connect with our community in real time. This gathering is not another online meeting, or a typical class. It is sacred, devotional, and feels like coming home. Offered on the New Moon of each month via Zoom. All gatherings are recorded and available to members.

 

Sisterhood Check-in Circle

Each month we have a sisterhood check-in circle. This is a time to gather live, meditate, and check-in about the monthly Practice prompts. You will have time to connect deeper with your sisters and give and receive feedback. Offered every Full Moon of each month via Zoom.

 

Monthly Playlist and journal prompts 

Each month, Michelle shares a custom playlist and journal prompts for you to use in your personal practice.

 

Private Facebook Group and 24/7 Connection

Gather with us online and deepen into our sisterhood in our private Inner Circle FB group. This is a place to seek support, connect, ask questions, and get to know your community.

 

Priority Invites

Throughout the year we will be announcing retreats, trainings, and opportunities to work with us in a deeper way. As a member of Her Sanctuary you will receive priority invites and discounts.

 

*In-Person Ritual (Hybrid Members Only)

For women local to Portland, Oregon, you can upgrade to a hybrid membership, where we meet in person once a month for deep, authentic sisterhood. Come experience a The Practice body meditation, conversation, support, and community. We gather one Friday evening a month from 7-9pm PST.

 

Fees

Online Membership: The Full Price of this Program is ninety-seven dollars ($97 USD) per month. All fees in US Dollars. The program requires a 3-month commitment. Client may pay through debit or credit card. Client grants Company the authority to charge the card(s) provided until payment is complete and every renewal thereafter until membership program ends or Client requests cancellation.

Hybrid Membership: The Full Price of this Program is one-hundred forty-seven dollars ($147 USD) per month. All fees in US Dollars. The program requires a 3-month commitment. Client may pay through debit or credit card. Client grants Company the authority to charge the card(s) provided until payment is complete and every renewal thereafter until membership program ends or Client requests cancellation.

 

Methods of Payment

Client elects to pay by monthly, and Client authorizes the Company to charge Client’s credit card or debit card.

 

Refunds

Program requires a 3-month commitment. Client is responsible for full payment until the end of the first three months of the program, even if client chooses to cancel early. Should the Client choose to cancel participation in the Program beyond the three months, Client can request a cancellation within 14 days of the next payment, and will not be billed for future months. If Client decides to rejoin at a later time, the previous rate cannot be reinstated and Client will be charged the current membership price. A cancellation does not refund the previous month’s charges. 

 

Confidentiality

The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with the Company or with other Participants during the Program. 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 will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Further, by signing below you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

Consent to video and promotional photography

Client hereby grants to the Company and 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 and photography for the Program.

Client hereby authorizes Company to photograph and record (on tape, film, or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Program; 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 Program.

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.

Company owns all rights and proceeds resulting from Client’s Appearance. Company is not obligated to utilize the authorization granted by Client hereunder.

 

Non-Disclosure of Program Materials

Material given to Client in the course of Client’s participation in the program is proprietary, copyrighted and developed specifically for the Program. Client agrees that such proprietary material is solely for Client’s own personal use. Client agrees not to make use of Program for commercial purposes in any manner. Any disclosure to a third party, copying or republishing any portion of this Program or its contents is strictly prohibited and constitutes infringement.

 

No transfer of intellectual property

The Her Sanctuary Membership is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of The Practice for Women, Inc. No license to sell or distribute Company’s materials is granted or implied. 

 

Client responsibility

Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Consultant will help and guide Client however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that as with any business endeavor, 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.

By signing below, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief among other remedies to prohibit any such violations and to protect against the harm of such violations.

 

Force Majeure

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

Severability/Waiver

If any provision of this Agreement is held 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.

 

Non-Disparagement

Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

 

Miscellaneous

1) LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.

Client agrees that 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 Company’s services or enrollment in the Program.

2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.

3) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.

4) TERMINATION. Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client become disruptive or difficult to work with, or upon violation of the terms. Client will still be liable to pay the total contract amount.

5) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, 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, attorneys 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 product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

7) 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.

8) NOTICES. Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties at the addresses appearing below. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or electronic mail, provided sender maintains confirmation that the notice was properly transmitted on that date.

This Agreement shall be binding upon and insure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

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.

This Agreement shall be governed by and construed in accordance with the laws of the state of Massachusetts, regardless of the conflict of laws principles thereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date first above written.

 

Contact

If you have any questions, concerns or complaints about Her Sanctuary Membership Agreement, please contact us:

• By email: [email protected]