Terms & Conditions
Why terms & conditions for an online course?
Embodiment is brave and transformational work. Our intention is to communicate with honesty and integrity. If you take an online course, you will be sent these Terms & Conditions and be asked to sign it to join the course.
This online course agreement (the “Agreement” and “Waiver”) outlines our mutual expectations and the terms and conditions for participating in our online courses as well as openly communicating the risks associated with our courses.
Please be aware that if you do not sign this Agreement and Waiver and agree to its terms, you will not be able to participate in our online courses.
For those joining the course, please read thoroughly and sign underneath "Agreement" and "Waiver" by entering your name and clicking "I Agree."
Part 1: Agreement
By signing up for our online course program, you agree to be bound by the following conditions:
1. Parties. This Agreement is made between Embody Soul LLC (“ES, “we”, “our”, and “us”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
2. The Course. ES is providing you with the online educational course and activities that you are purchasing, (collectively the “Online Course” and “Activities”). This agreement for the Online Course covers all of our educational courses, including Dance Healing Training, Wild Embodiment Series, continuing education, personal development courses, and any other course, workshop, education or activity we offer.
3. Term + Termination. This Agreement will be binding upon your signature deposit payment or full tuition for the Online Course. Once signed, you will receive your emailed welcome letter and information on access to your Online Course. Please note that if you violate any of the terms of this Agreement, ES may terminate this Agreement and you will not be entitled to any refunds or continued working relationship with ES.
4. Payment. Payment of the Online Course is due upon completed purchase of the Online Course. You agree to pay the full tuition price, including the possibility of payments in installments or recurring subscriptions, of the Online Course as advertised through our media and website.
5. Refunds. Our refund policy is as follows: The Online Course is fully refundable within three business days of purchase, if the course has not yet begun.
5.1. Students wishing to cancel after the 3 days, yet prior to the course start date will receive a full refund, minus the minimum deposit of one monthly payment (monthly payment amount varies by course).
5.2. No refund is available after the first class has been delivered, or made available to you as a recording if you were not present for the first class.
5.4. No refund will be available if you attend a program and are dissatisfied with its presentation or content, or if you do not actively participate for any reason.
6. Payment Failure. In the event that you break your agreed upon payment plan, you will lose access to the Online Course. In the event of three failed payment collection attempts by ES, you understand that we may contract a collection agency to collect the remaining tuition from you.
7. Individual Login Access. Any passwords and user IDs used to access the Online Course as part of this Agreement are for your individual use only. You are responsible for the security of your password and user ID and for all activities that occur under your user ID and password. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. You further agree that ES will not be responsible for the unauthorized use of your profile by any other person and is under no obligation to confirm the actual identity of any password or user ID.
8. Responsibility. The Online Course is an immersive educational program. You are responsible for your experience and well-being while participating in the Online Course. You agree to support the training environment and contribute to a safe, respectful, and positive experience for everyone.
8.1. The practice of somatic healing arts can produce non-ordinary states of awareness, and Online Course instructors and staff are not responsible for managing every student’s personal needs. The curriculum for the Online Course has been designed to create the optimal education for the majority of students, and your specific experiences may be different from others and different from your expectations.
8.2. If you experience uncomfortable emotions, feelings, physical pain or discomfort, mental anxiety, stress, or depression you agree to seek professional assistance from a qualified therapist or medical practitioner outside of this program.
8.3. The study of somatic healing arts may involve exploring and discussing different belief systems. You agree to respect all the ideas and practices that are presented as part of the Online Course curriculum. Participating in this Online Course does not require or advise you to change your beliefs in any way.
8.4. If you experience an extenuating life circumstance (ie; death in the family, job loss, natural disaster, etc) that requires you to discontinue or postpone your tuition requirements or course participation, we require notice of the issue in writing to firstname.lastname@example.org within seven days of the incident. ES will then determine the most equitable and appropriate course of action in regards to your financial situation and participation ability.
9. Your Conduct. You are solely responsible for all videos, images, information, or other data that you upload, publish, or otherwise use via the Online Course, if applicable. ES reserves the right to remove any kind of offensive or inappropriate content from the Online Course, and to suspend or terminate your access to the Online Course in such an event. You are welcome to remove all content you contributed after the conclusion of the course.
10. Interactions within the Course. You are expected to act respectfully towards others throughout the Online Course and across all relevant platforms. You are responsible for your own actions and interactions with any other user in connection with the Online Course. ES will have no liability or responsibility in this regard, however we reserve the right, but have no obligation, to become involved in any way with disputes between you and any other participants.
10.1 Respecting phone access. In the event that you receive the facilitator's personal cell phone number for a scheduled call, this does not give you 24/7 access to text/call for emotional processing or questions. Please direct your questions to the Mighty Networks learning space or email. If additional one-on-one support is desired, you can schedule a one-on-one coaching session. The facilitator reserves the right to block your phone number at any time, as personal cell phone access is not a part of the Online Course.
11. Confidentiality. You understand that we provide space in an intimate setting in which people may share private and confidential information about themselves or others. Therefore, you agree to respect and maintain the privacy and confidentiality of anything shared during the Online Course across the platforms we utilize, including after it has been completed. This section shall survive the termination of this Agreement.
11.1. You further agree not to post or publish any text, screenshots, videos, or audio recordings of other individuals or download or share any course material provided by ES or another participant outside of this Online Course.
12. No Guarantees. As this is an independent study arrangement, it is up to you what you get out of the Online Course. No guarantees can be made for the results from this program.
13. Ownership of Intellectual Property. All materials provided in connection with this Agreement, including without limitation, written or printed documents, photographs, audio and video recordings and software programs, and all copies and derivative works relating thereto (the “Course Materials”), are and will remain the sole and exclusive property of ES. You have a limited, non-exclusive right to use the Course Materials to the extent necessary to complete the Online Course, but you must be sure to properly attribute and credit ES.
13.1. An example of something you are not allowed to do with the Course Materials would be to create a photocopy or reproduce the Course Materials and give it to a friend or sell it to someone.
13.2. Another example would be to use the Course Materials or other proprietary concepts and techniques to create your own online program or training, or to provide them to someone else who intends to do so.
14. Certification Requirements (for Dance Healing Facilitator Training Program). You must fill out and turn in a worksheet for any class missed live to demonstrate your participation in the recording, complete the Level 2 main project assignment, and complete Level 3 Mentorship in order to be a certified facilitator. Until Level 3 Mentorship is completed, you are not yet considered a Dance Healing Facilitator.
15. Loss of Access. ES retains the right to revoke your access to the Online Course and any Course Materials in the event that you do not make your payments or if you steal any of our intellectual property, or engage in inappropriate or offensive conduct. Access suspension due to non-payment will be restored once you pay your full amount owing.
16. Third Parties. You are prohibited from sharing any information, or content including videos, audio recordings, PDFs and other course materials that you receive through the Online Course with any third parties, without our consent. In the event that you do share any information received or downloaded from the Online Course, ES will exercise our full legal rights to remedy the situation, and may terminate your course access without refund.
Part 2: Waiver
17. Inherent Risks. You understand that participation in the Course Activities (“Course, “Activities”, “Exercises”) entails some risks and potential side effects, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life, so we want you to be aware of them beforehand. Potential side effects or harm include but are not limited to things like:
17.1. Emotional, psychological and physiological changes, distress, disorientation related to changes in lifestyle, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.
17.2. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. I understand that dance includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. If I experience any pain or discomfort, I will listen to my body, discontinue the activity, and ask for support from the facilitator.
17.3. Additional risks that may be posed by your environment for the Activities that are provided remotely, as they take place outside of our facilities and without any personal supervision.
18. Affirmation of Health. By agreeing to participate in any Activities, you affirm that you have no conditions that would pose a significantly increased risk to your health as a result of your participation. If you have any pre-existing medical conditions, physical injuries, weakness, are pregnant or post-natal, you should consult with your doctor first before engaging with the Activities and you must fully inform us about any such conditions before participation. Please communicate and inform us immediately if at any point you do not feel well during the Activities in your Course.
18.1. In consideration of being permitted to participate in the Activities, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the Activities at ES , including those which may result from the negligence of ES.
19. Medical Disclaimer. You fully understand that ES is not a medical or healthcare professional and that the Activities or any information, consultation or facilitation provided by ES does not constitute medical treatment or advice. You understand and agree that Dance Healing is not a substitute for medical attention, examination, diagnosis or treatment.
19.2. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional.
20. Voluntary Assumption of Risk. You have read this Agreement and Waiver and understand the risks of participating in Activities provided by ES Your signature below, electronic signature or clicking 'I Agree’, illustrates your voluntary engagement and assumption of the risks of the Activities.
21. Limitation of Liability. ES makes no representations or warranties of any kind, expressed or implied, with respect to the Online Course or Course Materials, including without limitation, any warranty, fitness for a particular purpose, title or non-infringement of third-party rights, and ES hereby expressly disclaims the same.
21.1. In no event will ES be liable for special, incidental, indirect or consequential damages (including without limitation, lost profits or revenues), or other liability arising out of or in connection with this Agreement, regardless of the form of action, whether or not ES has been advised or might have anticipated the possibility of such damages.
22. General Indemnity. You hereby fully indemnify ES and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you in your use of the Online Course, provided that where ES has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if signed by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
I have carefully read and fully understand and agree to the above binding terms of this Liability Waiver.