ENTER INTO CALM, LLC
1002A N Springbrook Road #309, Newberg, OR 97132 – Tel: (503) 501-8502
COURSE ENROLLMENT AGREEMENT
This HypnoBirthing Course ® Enrollment Agreement (“Agreement”) sets forth the terms and conditions under which the undersigned (“Enrollee”) will attend and participate in HypnoBirthing ® classes provided by Enter Into Calm, LLC, an Oregon limited liability company (“Enter Into Calm”).
Enrollee understands that by signing this Agreement, Enrollee is entering into a legally binding contract, and will be bound by the provisions set forth below effective the date of signature. Enrollee understands and agrees to the following:
Course Schedule; Venue
Courses will be held at the times and locations as made available to Enrollee by and as scheduled with Enter Into Calm. Venue, dates, hours and course content are subject to change at the sole discretion of Enter Into Calm.
Group coaching courses are $375 for 5 courses over a 5-week period. Each group coaching session is 2.5 hours. For more information on individual coaching, please contact Enter Into Calm for additional pricing details. Enrollee will be given thirty (30) days’ notice of any change in fees. Payment options include PayPal and most major credit cards, which may be changed in Enter Into Calm’s sole discretion at any time. The course fee is payable by Enrollee at least one week in advance of first class in order to deliver materials to Enrollee. Refunds shall only be available in Enter Into Calm’s sole discretion. Enrollee must call and leave a message or text at 503.501-8502 to cancel an upcoming appointment. Enter Into Calm may, but is not obligated to, cover material from prior missed appointment in future appointments at no additional charge, but Enrollee will not be entitled to a free makeup appointment. Generally, insurance companies do not cover hypnosis services and as a result, Enter Into Calm does not process insurance claims at this time.
Enrollee may be terminated from participation in the course for (1) behavior creating a safety hazard, disruptive or disrespectful behavior; (2) failure to pay course fees; or (3) any other inappropriate action or behavior at the sole discretion of the instructors of Enter Into Calm. Enter Into Calm reserves the right to refuse service to anyone in its sole discretion. If Enrollee is terminated, the above stated refund policy applies.
Right of Publicity Release
Enrollee hereby grants Enter Into Calm, its representatives and employees permission to use Enrollee’s likeness, including but not limited to Enrollee’s image in photographs or other digital media (the “Media”) in connection with the Course. Enrollee agrees that any Media using Enrollee’s likeness shall be the property of Enter Into Calm. Enrollee hereby irrevocably authorizes Enter Into Calm, its assigns and transferees to edit, alter, copy, exhibit, publish, or distribute Media for any legal purpose, including but not limited to fundraising, advertising, and publicity. Enrollee waives the right to inspect or approve the finished product, including physical or electronic copy, wherein the Enrollee’s likeness appears. Enrollee waives all claims to compensation or damages based on the use of the Enrollee’s likeness by Enter Into Calm.
No Rights to Publish or Disseminate Course Materials
Enter Into Calm will endeavor to provide Enrollee with all course materials prior to the beginning of the course. All course materials, and rights thereto, shall remain solely the property of their original authors and/or owners. Enrollee expressly agrees not to copy, publish, distribute, or share course materials in any manner including but not limited to any digital, online, paper, photocopy, photograph or any other method without the express permission of the original authors and/or owners.
Enrollee has read and agrees to the following:
- I am at least 18 years of age.
- I have read this Agreement and fully understand the conditions and terms of this Agreement and the obligations the parties under this Agreement.
- I understand the State of Oregon does not regulate the practice of hypnotism.
- I understand that this course is not for the purpose of diagnosing, or the treatment of, any physical or mental ailment, and that this course is designed to teach me to use my own natural abilities to bring my mind and my body into a state of relaxation.
- I understand that the content of this course and any materials furnished in connection with the course are in no way intended to be represented as medical advice nor as a prescription for medical procedure.
- I am aware that I should seek the advice of a health-care provider to answer my health-related or pregnancy-related issues surrounding my pregnancy, my labor, or my birth.
- I understand that at the Instructor’s sole discretion, the Instructor may use teaching methods and techniques, including but not limited to sharing stories of true hypnosis occurrences, that may be offensive to Enrollee but are important to the learning process of the Course.
- YOUR USE OF ENTER INTO CALM’S SERVICES IS AT YOUR OWN RISK. WE MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULT OR OUTCOME, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ENTER INTO CALM DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY ENTER INTO CALM SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY ENTER INTO CALM EXPRESSLY CREATING SUCH WARRANTY.
- Waiver of Claims. ENROLLEE UNDERSTANDS THAT THE SERVICES AND DELIVERABLES PROVIDED ARE IN NO WAY INTENDED TO BE REPRESENTED AS MEDICAL ADVICE NOR AS A PRESCRIPTION FOR MEDICAL PROCEDURE. AS SUCH, ENROLLEE, ON BEHALF OF HER/HIMSELF AND ALL FAMILY MEMBERS, WAIVES ANY AND ALL CLAIMS AGAINST ENTER INTO CALM, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS IN CONNECTION WITH ENROLLEE’S PREGNANCY, LABOR, OR THE BIRTH OF ENROLLEE’S CHILD.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTER INTO CALM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY PERSONAL INJURY, MEDICAL CONDITION, LOSS OF MONEY OR PROPERTY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF ENTER INTO CALM KNOWS THERE IS A POSSIBILITY OF SUCH WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ENTER INTO CALM BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO ENTER INTO CALM FOR SERVICES DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT ENTER INTO CALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Please read this section carefully. This section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and Enter Into Calm arising out of or relating to: (a) this Agreement, or the breach thereof, or (b) your use of our services, or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by a binding arbitration administered by use Arbitration Service of Portland Inc. in accordance with its Procedural Rules, with the arbitration to be held in Multnomah County, State of Oregon, USA. The arbitration shall be governed by the Federal Arbitration Act and by the internal laws of the State of Oregon, without regard to conflicts of laws principles. Claims shall be heard by a single arbitrator. The parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The prevailing party shall be entitled to an award of reasonable attorneys’ fees. In arbitration, the parties give up their right to have their Claim decided by a judge or jury, and their Claim is instead decided by an arbitrator. Discovery rights and appellate rights in arbitration are more limited than in court. The arbitrator shall issue a reasoned award in writing, including all findings of fact and law upon which the award was made. YOU AND ENTER INTO CALM AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND ENTER INTO CALM AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SECTION, AND IF THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT OF COMPETENT JURISDICTION, THEN SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
- Agreement Limitation. Nothing expressed in this Agreement is intended to imply or create a partnership, association, joint venture, employee-employer, or franchiser-franchisee relationship between Enrollee and Enter Into Calm.
- Entire Agreement. This Agreement sets forth the entire and exclusive understanding and agreement between the parties regarding their subject matter and supersede all prior or contemporaneous agreements or understandings, written or oral, relating to their subject matter.
- Choice of Law and Venue. NOTWITHSTANDING THE ARBITRATION AGREEMENT, IF ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU HEREBY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN YAMHILL COUNTY, OREGON, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS.