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By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by MADISON WAWRYK (“Coach”), acting on behalf of INTENTIONAL MOVEMENTS AND COACHING LTD (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

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In consideration of the risk of injury while participating in Yoga, Somatics, or breathing practice, and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge MADISON WAWRYK (“Coach”), located at #3-523 11th Street E, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

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I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY, AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

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I agree to indemnify and hold harmless INTENTIONAL MOVEMENTS AND COACHING (“Company”) against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If INTENTIONAL MOVEMENTS AND COACHING (“Company”) incurs any of these types of expenses, I agree to reimburse them.

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I acknowledge that INTENTIONAL MOVEMENTS AND COACHING (“Company”) and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of MADISON WAWRYK (“Coach”).

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I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, the condition of participants, equipment, vehicular traffic, and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event.

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I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT BY SUBMITTING PAYMENT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE INTENTIONAL MOVEMENTS AND COACHING, MADISON WAWRYK, AND ALL OF THEIR AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THEM FOR PERSONAL INJURY OR PROPERTY DAMAGE.

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To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of INTENTIONAL MOVEMENTS AND COACHING (“Company”), MADISON WAWRYK (“Coach”), its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

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In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

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I acknowledge that COVID-19 has been declared a global health crisis, and that it is highly contagious, especially in areas of close contact with others. I understand that COVID-19 can be contracted from a variety of sources, including asymptomatic or pre-symptomatic carriers who might not realize they have the virus.

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I further acknowledge that MADISON WAWRYK (“Coach”) has put precautionary measures into place to minimize the potential risk of exposure and spread of the virus, but that MADISON WAWRYK (“Coach”) cannot guarantee that I will not become infected by the virus while utilizing her services. I understand that my risk of exposure to COVID-19 is increased as a result of my participation in this service, and that potential exposure may occur as a result of the actions of myself, MADISON WAWRYK (“Coach”), or other business patrons.

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While participating in this service offered by MADISON WAWRYK (“Coach”), I understand and agree to abide by the recommendations for limiting the potential spread and exposure of COVID-19, including but not limited to:

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• Stay home when showing symptoms.

• Maintain 6-foot social distancing whenever possible.

• Wear a cloth face covering when 6 feet of distancing is not possible.

• Wash hands often with soap and water for at least 20 seconds, especially after coughing, sneezing, blowing your nose, using the restroom, or being in a public place, or use hand sanitizer when soap and water are not readily available.

• Avoid touching eyes, nose and mouth with unwashed hands.

 

By I am aware of the risks of participating in this event during the COVID-19 global pandemic. I understand that MADISON WAWRYK (“Coach”) has put preventative measures into place to minimize the risk of COVID-19 spread and exposure. I agree to accept all risk and assume responsibility for any potential exposure to COVID-19 while participating in all services. I release and waive my right to bring suit against MADISON WAWRYK (“Coach”) in connection with exposure or spread of COVID-19.

 

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by MADISON WAWRYK (“Coach”), acting on behalf of INTENTIONAL MOVEMENTS, LTD (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

TERMS.

 

Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the products, courses, programs, and/or services (collectively known as the “Services”) as outlined on www.madilikestomove.com and/or any associated domains (collectively known as the “Website”).

 

The scope of Services rendered by the Coach pursuant to this Agreement shall be solely limited to those provided for on Coach’s Website and/or the Sales page associated with said Services.

 

Coach reserves the right to substitute Services equal to or comparable to the Services offered for Client if reasonably required by the prevailing circumstances.

Client agrees to be open, present and prepared to complete the work as a team together. Client is responsible for his/her own success and implementation of objectives met.

 

Depending on the Services purchased, some materials may be delivered through a membership site. The Client shall not damage the membership site or engage in any illegal or fraudulent activity, and the Company reserves the right to remove the Client at any time.

 

Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client shall not share, copy, distribute, disseminate, or sell the materials and/or any login information for either commercial or non-commercial purposes.

 

The Services may include a complimentary WhatsApp group (“Group”). The Company is not liable for any limitation of access to Group caused by Facebook. The Client shall abide by any guidelines set forth in Group, and Coach or Company may suspend Client’s access to Group at any time and for any reason. The Company and Coach may archive or delete Group at any time and for any reason.

 

If applicable to the Services purchased, the Company shall set the dates and times for coaching calls at a time agreed upon with the Client. All calls and sessions included in the Services will expire within the timeframe provided on the Coach’s Website and/or the Sales page associated with said Services. The Client shall not receive any refund, partial or otherwise, if they are unable to attend some or all of the coaching calls or cancels a scheduled call with less than 24hrs notice. The Client acknowledges that the Company shall schedule coaching calls at times of day to accommodate the client. However in group coaching programs, the Company will make an effort to accommodate all time-zones of Clients around the world, and not all group coaching calls will be within their waking hours.

 

METHODOLOGY. Client agrees to be open-minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Services provided. Coach may revise methods or parts of the Services based on the needs of the Client.

 

DISCLAIMERS. By participating in the Services, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and their services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counselling or any other type of therapy or advice. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided. The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations, and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

 

Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of the use of Coach’s website, programs, products or services.

 

DISCLAIMER OF WARRANTIES, NO GUARANTEES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. 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 the Agreement, Client acknowledges 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 Coaching Package. Company makes no guarantee other than that the services offered in this Coaching Package shall be provided to Client in accordance with the terms of this Agreement.

 

PAYMENT AND REFUND POLICY. Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount. The Company does not offer refunds to ensure that clients are fully committed to the Program. There are no exceptions to the refund policy. If the Client selects a payment plan option, the Client agrees to pay fees to the Coach according to the payment schedule set forth on the Coach’s website, or otherwise provided to the Client, and the payment plan selected by the Client (the “Fee”). The Client shall pay for the program in full. The Client authorizes the Company to charge the credit card(s) at the time that charges are due and shall not require a separate authorization for each charge. In the event the Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by the Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to all three credit reporting agencies as a delinquent account.

 

CONFIDENTIALITY. This 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 during discussions, coaching sessions, or otherwise. The Coach acknowledges that all information provided by Client will be kept strictly confidential, as permissible by law. Client acknowledges that Coach may share confidential information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. 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 safeguarding the Parties' 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 date of purchase shall survive the termination, revocation, or expiration of this Agreement.

 

INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of the Services, the Coach maintains all of the copyright, other intellectual property rights, and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement.

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IF APPLICABLE: RECORDING OF CALLS. Client acknowledges that group coaching sessions and/or group calls may be recorded for the purpose of the Services and may be accessed by the group.

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RELEASE. Client agrees and understands testimonials provided to the Coach will be made public and be utilized for marketing purposes. Client agrees and understands that by providing a testimonial, the Client is consenting to the use of Client’s likeness, writing, and voice in any media in perpetuity by the Company for whatever purpose as the Company sees fit.

 

 

NON-DISPARAGEMENT. Client agrees, during and after participation in the Services, to refrain from making any statements, whether oral or in writing, that negatively impact the Company’s program, business, services, products, or reputation.

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GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation, execution, delivery, performance, and any termination of this Agreement.

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LIMITATION OF LIABILITY. By using INTENTIONAL MOVEMENTS, LTD services and purchasing these Services, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Client agrees that Coach 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 the Services. Client agrees that the use of these Services is at the Client’s own risk.

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DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the Canadian Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Saskatoon, Saskatchewan or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.

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ASSIGNMENT. This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement as this program is non-transferable.

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GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan, regardless of the conflict of laws principles thereof.

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ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.