TERMS OF PARTICIPATION CATOR MEDIA, LLC
YOU ARE YOUR MEDICINE 1:1
TERMS OF PARTICIPATION
BY PURCHASING YOU ARE YOUR MEDICINE (HEREIN REFERRED TO AS “PROGRAM”) YOU (HEREIN REFERRED TO AS “ATTENDEE” OR “PARTICIPANT”) AGREE TO THE FOLLOWING TERMS STATED HEREIN
Cator Media LLC (herein referred to as “Company”), agrees to provide the You Are Your Medicine program (herein referred to as “Program”) as identified in online commerce order form. Participant agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
This Agreement is made by and between the undersigned participant, hereinafter referred to as the “Participant” and Cator Media, LLC referred to as “Healer” or “Coach” or “Company”.
Breathwork often involves powerful emotional and physical release. It’s a deep and powerful form of self-exploration, healing and transformation. The roots of Breathwork comes form ancient healing technologies and spiritual practices. During a Breathwork Healing Session essential oils and music are used to access deeper states of consciousness. I understand that after Breathwork Healing Session I might find that I need additional support or therapeutic practices.
I understand that breathwork is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, therapy or counseling tailored to any individual.
I understand that should I have any reservations about breathwork due to a physical or mental condition that I will contact my physician or therapist for professional advice.
I understand and assume full responsibility for my own physical, emotional and mental health and hold harmless Cator Media/Thérèse Cator and its agents from any physical, emotional and/or mental damage that may be attributed to Breathwork or its agents.
I agree to hold Cator Media/Thérèse Cator and its agents from any and all loss, liability, injury, damage or cost which may arise out of or in connection with participation healing or coaching services. I agree that should I engage in a discussion related to health care/business/ any life matters: I’m encouraged to continue to visit and to be treated by my healthcare professionals, including, without limitation, a physician. I understand that the Healer /Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, massage therapist, psychologist or other licensed or registered professional. Accordingly, I understand that the Healer is not providing health care, medical or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body.
I understand that healing and coaching services is not the to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. I will seek independent professional guidance for legal, medical, financial, business, spiritual, or other matters.
I understand that all the decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my sole responsibility.
I understand and agree that Thérèse Cator/Cator Media has not and will not make any express or implied representation or assurance regarding the potential profitability, or likelihood of success of any healing, transaction, investment, opportunity, strategy. Further, Thérèse Cator/Cator Media is not rendering medical, legal or financial advice.
I understand that all sales are final for this Breathwork/Meditation Circles. I understand that there are no refunds, exchanges or transfers available for healing and coaching services.
I authorize Cator Media to bill me as payment for the services selected. I understand that payment for services are due at the time of booking.
Testimonial Consent and Release
I, am of legal age, herby grant, irrevocably and perpetually to Cator Media, LLC and its subsidiaries, affiliates, successors and assigns thereof, attest the following:
Should I give a testimonial I grant the use of my voice, photograph, and record my name, voice, appearance, likeness, and/or written testimony along with any materials furnished by me in whole or in part in any program/service provided by Cator Media, LLC.
Participant hereby acknowledges that no payment or compensation shall be received for participation to record and publish Attendee’s name, voice, appearance, likeness, and/or written testimony, or any other materials furnished by Participant in whole or in part. All Participant testimonies whether verbal, written or exhibited shall not be scripted and represents Participant’s own opinions and beliefs and are true and correct to the best of Participant’s knowledge.
Participant hereby authorizes the Company to photograph, record, or release (on tape, film, print, website or otherwise), the Appearance; to edit at its discretion; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name and likeness in connection with coaching.
I hereby release and agree to indemnify and hold harmless Cator Media, LLC and its subsidiaries, affiliates, successors, assigns, officers, directors, agents, owners, employees, thereof, from any and all claims, actions, causes of action, damages, expenses, court costs, attorney fees, liability damage or judgment brought forth as a result of my participation or testimonial materials furnished by me.
Participant hereby waive all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Participant’s Appearance. The Company owns all rights and proceeds resulting from Participant’s Appearance. The Company is not obligated to utilize the authorization granted by Attendee hereunder.
Communication with Company
All written communications should be sent via email. For questions regarding scheduling or the Program/Service, please email firstname.lastname@example.org as it is the exclusive Company email address. Company will answer your questions regularly Monday through Friday and during non-holiday and non-vacation weeks. Please allow for a forty-eight (48) hour response time within that window. The Attendee understands that email sent after hours and on a weekends or holidays will receive a response upon our return.
Independent Contractor Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In these Retreats no such persons shall be deemed employees of the other party by virtue of participation or performance hereunder.
Non-Solicitation Of Personnel
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Any Violation of paragraph is ground for Termination from the Retreat without forgiveness.
In the Retreat that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation Of Liability. Attendee agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Attendee releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Attendee accepts any and all risks, foreseeable or unforeseeable.
Attendee agrees that Company 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 Company’s services or enrollment in the Program. Attendee knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Attendee may sustain as a result of participating in this Program.
Attendee further declares and represents that no promise, inducement or agreement not herein expressed has been made to Attendee to enter into this release. The release made pursuant to this paragraph shall bind Attendee’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the Retreat that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Attendee, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Company is committed to providing all Attendees in the Program with a positive Program experience. Attendee agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Attendee’s access to Program without refund or forgiveness of monthly payments if Attendee become disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Attendee will still be liable to pay the total contract amount.
E) Indemnification. Attendee shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Attendee shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Attendee recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Attendee, Attendee is responsible for any and all arbitration and attorney fees.
G) Equitable Relief. In the Retreat that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: email@example.com.
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Attendee.
BY PURCHASING THIS SERVICE, THE PARTICIPANT HAS READ AND AGREES TO THE WORKING AGREEMENTS ABOVE.