Agreement 10 Week

Consultant-Participant Agreement

Plain-speak description: I need to have a signed copy of this, from you, by law. Simply put, this agreement outlines the format and length of our program together, it goes over your rights as a client and participant, it reminds you not to steal my intellectual property, and it has us both agree never to sue each other, should disagreements arise! I've never had a single issue with anyone I've ever worked with, and I certainly don't anticipate having anything but success and a transformative time with you. Thank you for going through these legal motions!

So:

1. Please enter your name, today's date, your email and tour address in the boxes below.

2. Then, please click the box that says, "I understand that by clicking this box, I agree to the following agreement and hereby affix my electronic signature." and press "Send."

3. A copy will be sent to you as well as to me.

Thank you and I so look forward to our work together,

signature purple

LiYana Silver

This following is an agreement (“Agreement”) made today,  (today's date) between  (“You” or the “Client” or the "Participant") residing at  at the email address of  and LiYana Silver (“I”, “Me”, “Consultant” or “Us”), residing at 23 Regulus Court, Alameda, CA 94501.


I understand that by clicking this box, I agree to the following agreement and hereby affix my electronic signature.



Coaching Program Sessions – Format and Term

The Term of this agreement will be the duration of the Participant’s Coaching Program which begins 09/14/09 and ends 11/016/09 (“End Date”).

The following is the schedule of sessions for your Coaching Program:

All classes are from 5:15 – 6:45pm Pacific time; 8:15 – 9:45pm Eastern time.

For "Living Relationships" – Partners only:

Session #1: Monday, September 14, 2009
Session #2: Monday, September 21, 2009
Session #3: Monday, September 28, 2009
Session #4: Monday, October 5, 2009
Session #5: Monday, October 12, 2009
Session #6: Monday, October 19, 2009
Session #7: Monday, October 26, 2009
Session #8: Monday, November 2, 2009
Session #9: Monday, November 9, 2009
Session #10: Monday, November 16, 2009

For "Living Radiance" – Women only:

Session #1: Wednesday, September 16, 2009
Session #2: Wednesday, September 23, 2009
Session #3: Wednesday, September 30, 2009
Session #4: Wednesday, October 7, 2009
Session #5: Wednesday, October 14, 2009
Session #6: Wednesday, October 21, 2009
Session #7: Wednesday, October 28, 2009
Session #8: Wednesday, November 4, 2009
Session #9: Wednesday, November 11, 2009
Session #10: Wednesday, November 18, 2009

Scheduling

Sessions will begin and end at the appointed time, even if the Participant was late in starting the session. For example, if started late, sessions will not run late. If the Participant needs to miss a session, a recording and all materials will be made available. Sessions will not be repeated. The schedule will then resume with the next scheduled session.

If the session is rescheduled, late in starting or interrupted due to the cause of the Consultant, the time will be made up in a future session and/or an additional complimentary session scheduled. Consultant provides recordings from each session, recommendations, homework and at-home practices for the Participant as well as online support and email access between live sessions.

Coaching Program Session Fees, Payments and Refunds

The Participant may either pay the full amount of the Coaching Program Fee before the date of the first session (“Option 1”) or in order to assist the Participant to afford this Program, the Participant may pay for Program Fee in installments (“Option 2”). Other payment arrangements may be considered, but must be agreed at the time of signing this Agreement.

In the event of absence or withdrawal from a Program, for any reason whatsoever, the Participant will remain fully responsible for the unpaid balance of the Program. Under no circumstance will Consultant refund any payments made by the Participant. By signing this Agreement, Participant agrees to be legally obligated to pay the full amount of this Program.

Disclaimer of Health Care Related Services

Consultant encourages the Participant to continue visiting and treating with their healthcare professionals, including, without limitation, their physician and psychologist. Participant understands that the person teaching and leading this program (“Consultant”) is not acting in the capacity of a doctor, licensed dietician-nutritionist, massage therapist, psychologist or other licensed or registered professional. Accordingly, Participant understands that the Consultant is not providing health care, medical, mental or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever, any disease or ailment of the human body or mind.

Participant understands that the content of sessions can often consist of an intense emotional and personal nature. Participant understands that they have freely chosen to work the Consultant, and understands that the information received should not be seen as medical, nursing, or psychological advice and is certainly not meant to take the place of seeing licensed health professionals. In the event that the Participant believes that they have received medical or other advice, which, in their opinion, constitutes an effort to “treat” or “cure” them in any manner whatsoever of any disease or ailment of the human body, the Participant will notify the Consultant immediately and in writing by certified mail, return receipt requested.

Personal Responsibility and Release of Health Care Related Claims

Participant acknowledges that they take full responsibility for their life and well-being, as well as the lives and well-being of their family and children (where applicable), and all decisions made during and after this Program or individual sessions.

Participant expressly assumes the risks of the Program or sessions, whether or not such risks were created or exacerbated by the Consultant. The Participant releases the Consultant, his/her heirs, executors, administrators and assigns, and its officers, directors, shareholders, employees, teachers, lecturers, agents, health counselors and staff (collectively, the Releasees) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law, admiralty or equity, which against the Releasees, Participant ever had, now has, or will have in the future, arising from the Participants’ past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Releasees.

Confidentiality and Proprietary Materials

Participant acknowledges that all of the materials, concepts, techniques, methods, and information (collectively, the “Materials”) to which you may be exposed to during your Coaching Program or Individual Sessions, whether exposed to such Materials orally and/or in writing, directly or indirectly, are proprietary to, and the sole and exclusive property of the Consultant, LiYana Silver. Participant acknowledges that the Materials constitute commercially valuable and confidential property, the design and development of which required extensive investment, substantial effort, time and money. Participant further acknowledgess that the Materials are organized and presented in such a manner as to make them distinctive property of, and proprietary to the Consultant even if some of the Materials (or versions thereof) may otherwise be available in the public domain. All rights of the Program, Sessions and the Materials are expressly reserved by and to the Consultant. You will not reproduce, copy or otherwise duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the Materials without My prior written consent (which such consent may be withheld in the sole and exclusive discretion of Consultant). You understand that violation of this provision will likely cause Me to suffer harm which may be irreparable, entitling Consultant to obtain restraining orders and other injunctive relief. The foregoing restraining orders and injunctive relief shall be in addition to all remedies available under law.

Arbitration and Limited Remedies

In the event a dispute arises between the parties, either arising from this Agreement or otherwise pertaining to the relationship between the parties, the parties will submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Participant in the event that an award is granted in arbitration, is refund of the Coaching Program Fee, or the amount of the consumed Individual sessions, depending on the nature of this Agreement. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Participant.

Miscellaneous Provisions

This Agreement shall be construed in accordance with the laws of the State of California, without regard to the conflicts of law rules thereof. No adverse inference shall be drawn against the party whose attorneys physically prepared this Agreement. This Agreement is intended to be as broad and inclusive as California law permits. In the event that any term, provision, covenant or condition of this Agreement is found to be invalid, illegal or otherwise unenforceable, the remainder of the Agreement shall continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. This Agreement sets forth the entire understanding of the parties on the specific matters addressed herein, and supersedes any and all prior agreements, understandings and negotiations, both written and oral, between the parties. The parties acknowledge that no statements, whether oral or written, not expressly set forth in this Agreement have been relied upon or are intended to be made part of this Agreement. This Agreement may not be amended or modified except by a subsequent written agreement executed by all of the parties hereto. The waiver of any party to a breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party hereto, unless such waiver is expressed in a subsequent written agreement executed by all of the parties. The headings for this Agreement are for organizational and drafting purposes only and shall not affect the substantive rights and obligations herein.

IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date first written above.

signature purple

LiYana Silver
Date: 09/10/2009

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