Effective date: May 1st 2023
The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. If you have any questions, please raise any questions before signing to make sure we are all on the same page moving forward.
In exchange for purchasing an online course with Nidhi, you agree to be bound by the following conditions.
- Parties. This Agreement is made between The Conscious School LLC, a Limited Liability Company operating in the State of New York (“we,” “us,” and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).
- Our Commitment to You. We promise to provide you with online courses and/or coaching services.
- What We Expect of You.
3.1 Time Integrity. We expect you to commit to your personal wellness by showing up on time to each scheduled session, ready to participate. We also expect you to honor the cancellation policy detailed in section 6 below.
3.2 Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services.
3.3 Commitment. You are expected to implement the wellness plan as intended. If you have any concerns or requests, please contact us via email, so we can make any necessary modifications.
3.4 Health Communication. You are expected to communicate about any health issues and to provide a transparent and detailed wellness intake that includes any medications you are on, illnesses you have been diagnosed with, and other important health related details that may affect how we approach our work together.
- Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and The Conscious School LLC (the “Term”).
5.1 Payment Method on File. You may elect to keep a credit card or other method on file with us. By placing a card on file, the cardholder and account holder give permission to charge the card for any session,auto-debit membership and/or cancellation fees (if applicable) accrued in accordance with the cancellation policy detailed below.
5.2 Declined Charge. In the event of a declined credit card/debit card when charging for monthly payments, your Services will be immediately suspended, pending you updating your payment information and paying the amount due in full.
5.3 Refunds. Please note that due to the digital nature of these courses, we do not provide refunds. Once accessed, the courses are considered "used" upon purchase.
- No Guarantees. The Conscious School LLC cannot guarantee the success of, or any particular outcome from the Services. We promise to provide you with the opportunity and Services to support you and see you grow, but the success of the Services ultimately depends on you.
- Ownership of Materials. All the content that we have provided to you, including but not limited to videos, documents, PDFs and other course materials and downloads, are for your use only and are not to be re-distributed or re-used. The Conscious School LLC also retains the rights to all of its intellectual property, including but not limited to, copyrights, trademarks, patents, and trade secrets. Anyone who improperly distributes The Conscious School LLCs intellectual property or other content shall be liable for any and all of The Conscious School LLCs damages resulting from your breach of this provision.
- Substitute Services. The Conscious School LLC has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.
- Affiliate Sales. The Conscious School LLC is dedicated to promoting products and services that will be of interest to our community. In the course of providing our Services, we may recommend, highlight, sell, or link to our affiliates’ products and services that may be beneficial to you, and, in some cases, we may receive a small commission from our affiliates. Regardless of whether we receive a commission, we will only link to products and services that we support and that we truly believe will be helpful to you. Please note that in cases where we recommend, highlight, sell, or link to health supplements or similar products, these products may not be approved by the Food and Drug Administration or other agencies.
- Medical Disclaimer. The Services provided by The Conscious School LLC is educational and informational in nature and is provided only as general information and does not constitute medical or psychological practice, advice, opinion, diagnosis, treatment or guarantee. The Services do not create any doctor-patient, therapist-patient or any other professional relationship and are not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. You are responsible for your own health care decision-making and should obtain necessary consultations with appropriately licensed health care professionals such as physicians and psychologists. Any advice and recommendations provided by The Conscious School LLC are not comprehensive and do not include all the potential information regarding the subject matter, but are merely intended to serve as one resource for general and educational purposes.
- Legal Fees. You will be responsible for any and all legal fees incurred by The Conscious School LLC regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
- Waiver. Before the Services can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign, or otherwise agree to, that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
- Force Majeure. The Conscious School LLCwill not be liable for any failure or delay regarding the Services if such failure or delay is: beyond the reasonable control of The Conscious School LLC, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
- Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of New York. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of New York. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by The Conscious School LLC of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,”(or something similar) the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.
Effective date: May 1st 2023
Before participating in The Company’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us, and to have you release The Company of any liability if you get injured or sick, if you have complications or side effects, or if anything else goes wrong.
If you are a minor in the State of New York or in your place of residence, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1.Parties. We are The Conscious School LLC, a Limited Liability Company based in the State of New York. In this Waiver, we will refer to ourselves as “The Company,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”
- Inherent Risks. You understand that receiving the Services poses inherent risks and potential side effects, some more obvious or serious than others. These risks could possibly result in serious harm, so we want you to be aware of them beforehand. Potential side effects and injuries include but are not limited to:
- Over-supplementation or improper supplementation resulting in allergic reactions, detox reactions, digestive distress, headaches, worsening of existing symptoms, etc.
- Emotional, psychological and physiological changes, distress, disorientation related to changes in lifestyle, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.
- There are additional risks posed by receiving the Services outside of The Company’s facilities, as this is a different environment. You acknowledge that where you agree to receive the Services outside of The Company’s facilities you accept the increased and additional risks that come with this setting.
- If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
- Affirmation of Health. By agreeing to receive the Services, you agree that you are healthy enough to receive them. If you are unsure, you affirm that you have sought medical advice and consulted with your primary care physician to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre-existing medical conditions, physical injuries, weakness, or are pregnant or post-natal, you should consult with your doctor first before engaging with the Services. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.
- Medical Disclaimer. You fully understand that The Conscious School LLC is not a medical or healthcare professional and that the Services and any information, consultation or facilitation provided byThe Conscious School LLC does not constitute medical treatment or advice. You acknowledge and agree that your use of any dietary, lifestyle or wellness recommendations or information is completely voluntary and you are solely responsible for freely choosing to implement them. 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. You understand and agree that any service rendered by The Conscious School LLC is not designed to diagnose, cure or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind.
- Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by The Conscious School LLC. By signing, electronic signing, or clicking “I Agree” (or something similar), you are confirming your voluntary engagement and assumption of the risks of the Services.
- Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against The Conscious School LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Services with The Company, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Services. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
- Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops and Services whether in person (inside or outside), online, or via video conferencing tool.
- General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of New York. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of New York. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.