$2,000.00 USD

The following Terms and Conditions (the "Agreement") are entered into by and between You ("Customer" or "You") and Powerful Health Coaching LLC ("Company", "We", or "Us").

Program

The Company agrees to provide You with access to the Group Coaching Program titled, "Whole Health" ("Program"). As a condition of participating in the Program, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Effective Date

This Agreement shall commence and be enforceable with respect to each Customer upon the date that Customer initially registers for the Program.

Terms of Use and Privacy Policy

The Company’s Terms of Use and Privacy Policy are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to You. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Fees

In consideration of Your access to the Program, You may choose between a single payment of $2,000 (due immediately) or 4 monthly payments of $525. If You select the payment plan, You must pay the initial payment today, and then Your selected payment method will be automatically charged the following 3 payments on a monthly basis, for a total payment of $2,100. If You opt for monthly payments, You will remain responsible for those payments. The Program has a "No Refunds" policy, so You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend Your access to the Program.

Payment Plan Authorization

If You elect for the payment plan, You hereby authorize the Company to charge Your credit card or debit card automatically according to the terms set forth in the Fees section above.

No Refunds

All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.

To the extent You are in a jurisdiction that has a legal cooling-off period, You recognize that accessing the material in the Program will forfeit any rights You might have under that cooling-off period.

Term Of The Program

The Program shall run from March 24th, 2024 through December 31st, 2024. Unless otherwise noted in the Program Details below, the Company’s responsibilities shall cease after December 31st, 2024.

Program Details

As part of the Program, the Company shall provide the following to the Customer:

Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If You fail to abide by those rules, You will forfeit Your right to participate in that Group. In the event You lose Your right to participate in the Group as a result of rules violation, You shall not receive a refund.

Group Coaching Sessions – As a member of the Program, You will have access to twice monthly coaching calls. The Company shall provide You with details about how to participate in these coaching calls.

 

Client-Coach Relationship

An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:

Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Client specifically agrees to be open to coaching.

Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary. Although Nissa Keyashian of Powerful Health Coaching LLC is a physician psychiatrist, she is not your physician psychiatrist.

By participating in the coaching, you agree to accept personal responsibility for the results of your actions. You agree that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.

 

Yoga

You desire to engage voluntarily in the yoga & fitness sessions in order to attempt to improve your wellness.

 

You understand that the purpose of the movement programs is to develop and maintain overall wellness, flexibility, joint mobility and decrease stress. All sessions include warm-up, breathing and movement. The programs include, but are not limited to gentle yoga, faster pace yoga, restorative yoga & various fitness modalities.

 

You understand that you are to listen to the feedback your body is giving you and you are responsible for monitoring your own condition & throughout the session, should any pain occur, you would cease my participation and inform the instructor.

 

In signing this consent form, you affirm that you have read this form in its entirety, and you understand the nature of the program. You also affirm that your questions regarding the program have been answered to your satisfaction.

 

In the event that medical clearance must be obtained prior to your participation in the program, you agree to consult your physician and obtain written permission from your physician prior to the commencement of any exercise program.

 

You also give your permission to allow photos of you be taken during class sessions to be used solely for the purpose of The Company’s marketing purposes.

 

Also, in consideration for being allowed to participate in this exercise program, you agree to assume the risk of such exercise, and further agree to hold harmless The Company, its employees and agents from any and all claims, suits, losses or related caused of action for damages, including, but not limited to, such claims that may result in your injury or death, accidental or otherwise, during or arising in any way from the sessions.

 

Breathwork

  1. Participant certifies that he/she looked over the medical contraindications and does not have any medical or physical conditions which would impair or affect his/her ability to engage in any activities or which would cause any risk of harm to Participant or otherwise endanger Participant’s health while attending the breathwork Program. If participant has any medical contraindications and would like to take a musical journey they will abstain from engaging in the directed breathwork and simply listen to the music.
  2. Participant is aware that certain activities he/she may engage in during the Program are physically, emotionally and/or mentally stressful. Among other processes, it will include breathing that is faster and deeper than normal over a prolonged period which can cause dizziness, palpitations, tingling/numbness of the extremities, carpopedal spasms [involuntary contractions of the muscles of the hands and feet], tetany, ringing/roaring in the ears, clouded/distorted vision, perceptual distortions, and feelings of lightness, astonishment and/or euphoria. Physical Activities can also include violent twisting and turning while prostrate and other exertions not normally engaged in by Participant. Loud music is also used with the described activities. 
  3. Participant agrees to assume full responsibility for his/her own physical, emotional and mental health and hold harmless Organizer, and/or any Neurodynamic Breathwork Facilitators and Apprentices working with organizer at the Program from any physical, emotional and/or mental damage that may be attributed to the Program or any participation therein. Participant further holds harmless organizer from any and all loss, liability, injury, damage or cost which may arise out of or in connection with participation in the Program.
  4. Participant understands that this Neurodynamic Breathwork Event is intended as a personal growth experience and should not be used as a substitute for psychotherapy.
  5. Participant acknowledges that he/she has been fully advised concerning the types of activities which will be engaged in during the program, and understands the risks and difficulties that may arise during the program. Participant understands that he/she may leave at any time.  Participant understands that by executing this release and engaging in the program, he/she is assuming those risks which are inherent to the activities involved.
  6. Participant understands that since their experience will be guided by their own psyche/inner healer, despite any representations made by any of your staff, or in any of your websites or other marketing materials regarding Neurodynamic Breathwork workshops, Organizer cannot guarantee any specific type of experience, result or benefit from participating in the workshop. Participant also understands that they will not be entitled to any return or reimbursement of any of my payment for any reason.
  7. Participant understands that contra-indications may exist for the anticipated activities if Participant is or has been suffering medical or psychological/psychiatric conditions requiring professional care; and that the activities described can also trigger suppressed traumas. Hence, Participant represents that he/she is not currently, nor for the preceding five years been, under the treatment and care of a physician or therapist for any of the medical contraindications. If they are, as described above, they can simply take a musical journey and not engage in the directed breathwork.
  8. Participant understands and agrees that he/she is attending the Program at the discretion of Organizer and can be dismissed from the Program at any time without being informed of the reason for dismissal. Participant also understands and confirms his/her agreement that Organizer makes no guarantee of any type of experience or any experience whatsoever.
  9. Participant understands that he/she may not record – audio or video – any portion of these sessions or any persons participating therein. Any recording will not be taken of any person except with the advance consent of the person being photographed.
  10. Participant acknowledges that he/she has been advised (a) concerning the types of activities which will be engaged in during the Program, and understands the risks and difficulties that may arise during the Program; and (b) that if Participant feels too uncomfortable to continue at any point during the breathwork, he/she is to stop immediately and check in with Organizer before continuing Participant understands that he/she may decline to do any of the activities. Participant understands that by executing this release and engaging in the Program, he/she is assuming those risks which are inherent to the activities involved.
  11. Participant acknowledges, understands, and agrees that this Agreement, and all of the releases, terms and conditions contained herein, shall apply with equal force and govern any future Neurodynamic Breathwork Programs in which participant partakes with Organizer thus obviating the need for them to sign this Agreement each and every time they partake in any Neurodynamic Breathwork activities or events. Participant further agrees to bring any changes in their Medical condition to Organizer’s attention before participating in any Neurodynamic Breathwork event.
  12. If Participant is under 18 years of age, participant must have one of his/her parents or guardians present at the Program.

 

Confidentiality

The Company respects the privacy of its customers and will not disclose any information You provide except as set forth in this Agreement.

As a condition of participating in the Program, You hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, You shall not share any information provided by other Program participants outside of the bounds of the Program unless You receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.

Materials Provided By You During The Program

The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting Your Submissions, You are granting the Company, our affiliated companies, and necessary sub-licensees permission to include Your Submissions in the Program going forward.

In other words, the Company has the right to include Your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program going forward.

No compensation will be paid with respect to the use of Your Submissions, as provided herein. The Company is under no obligation to post or use any Submissions You may provide and may remove any Submissions at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting Your Submissions, You warrant and represent that You own or otherwise control all of the rights to Your Submissions as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input, or submit the Submissions.

Personal Responsibility

By participating in the Program, You accept personal responsibility for the results of Your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program do not guarantee that You or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.

No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the Program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Program or any portion of it, Your sole and exclusive remedy is to discontinue using the Program.

Choice of Law & Choice of Forum

The Parties agree that this Agreement shall be construed under the laws of California regardless of any choice of law rules.

Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in San Jose/California under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Fee Shifting

The Parties agree that the prevailing Party in any action relating to or arising out of this Agreement will be awarded its reasonable attorneys’ fees and costs incurred as a result of such a proceeding.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate Your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Miscellaneous Clauses

The Parties further agree:

Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.

No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.

Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of that Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic and pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.

 

Whole Health 2024

Nurture your physical, mental, emotional and spiritual health

What you'll get:

  • Healing community
  • Coaching, Breathwork, Yoga & Meditation
  • CME

[ Although Nissa Keyashian is a physician, she is not my physician ]