Community Agreement & Waiver
We are thrilled that you have decided to join FEM Forever "the Program" and to have you in our community. By signing this Community Agreement and Waiver “the Agreement” you are voluntarily entering into a legally binding contract to participate in our Program. The purpose of this Agreement is to inform you of the activities we will be doing together and what risks are involved.
Please read this document carefully and contact us before you sign if you have any questions or concerns. This Agreement must be signed on or before participating in the first Program session.
This AGREEMENT is between:
you (“Client”) and The Yellow Rose & Co. (the Facilitator).
This Agreement becomes effective on the first day you join the Program. Aspects of this Agreement including but not limited to confidentiality and intellectual property continue indefinitely.
FEM Forever is a supportive community of like-minded women offering continued support and encouragement. The Program is an ongoing support group with a private Facebook Page, monthly journal prompts, once monthly support calls / educational sessions. Our goal is to support you in growing to help you connect more with your inner voice and intuition.
Expectations for You & Your Facilitator
As a member of FEM Forever you agree to:
A. Respect the community and its members by:
• Contributing to a culture of positivity, kindness and vulnerability
• Allowing others to contribute however they feel comfortable
• Holding space for those being vulnerable
• Maintaining confidentiality of the material presented and what community members shared with you and the group both during Zoom sessions and in the Facebook group.
• Keeping your camera on during Zoom calls unless it is absolutely necessary not to.
B. Show up and be present by:
• Being honest with yourself and with your Facilitator to help you achieve the best results
• Come to each session ready to listen, contribute, be open minded and ask questions.
• Hold yourself to high standards and take the action that you committed to yourself.
Due to the group nature of the Program we cannot reschedule meetings for individual participants.
C. Acknowledgements
• You understand and agree that the Facilitator is not providing services as a naturopathic doctor but as a Facilitator of education and support only.
• You are fully responsible for your physical, mental and emotional well-being during the Program. Any decision you make as a result of what you have learned in the Program is your own choice and responsibility.
• You may choose not to accept or incorporate the information you receive in this Program.
• You may choose to discontinue the Program at any time.
• This Program does not involve a diagnosis of any health issues and is not a substitute for professional medical advice.
D. Your Facilitator will
• Come prepared and deliver an organized support call monthly
• Work hard to keep you motivated, on track and inspired
• Listen to your needs and concerns and support your goals
• Facilitate meaningful conversations to provide connection within the group.
• Keep all information that you provide to her confidential unless that information poses a risk of harm to you or another person
The Facilitator has the right to hire assistants, subcontractors, or employees to implement
the Program and these individuals will be held to the same standards of confidentiality and privacy as all members of the Program. The Facilitator reserves the right to reschedule a session if they are not able to attend and cannot find a suitable replacement.
Fees, Payment & Termination.
The Client agrees to pay the Facilitator monthly or annually to participate in the Program.
Refunds: This Program is non-refundable. Should the Client wish to cancel her Program, she can do so on Thrive cart before the next billing cycle.
The Client may terminate this Agreement at any time. No refunds will be provided. Cancelations are permitted. The Client understands and accepts that even if she terminates this Agreement, she is still bound by the obligations contained in this Agreement regarding confidentiality and intellectual property
The Facilitator may terminate this Agreement if she believes that the Client’s participation in the Program poses a risk of harm to other members of the Program or to the Client. It is at the Facilitator’s discretion to make this determination. The Facilitator may also terminate this Agreement if she discovers that the Client has breached any term of this Agreement. The Client will not be provided a refund if she is removed from this Program.
Inherent Risks, Voluntary Acceptance of Risk & Non-Medical Advice.
You understand that participating in the Program has inherent risks, some of which are more obvious than others. By signing this Agreement you accept that participation in this Program may bring up subjects that are vulnerable and may give rise to uncomfortable feelings. No participant is obligated to share any information they are not comfortable sharing.
You accept full responsibility for your choices, actions, and results, and expressly assume the risks of the Program for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated by the Program.
By signing this Agreement the Client understands that all information in the Program is for educational purposes only and to be used as a guide towards supporting the Client’s health and wellbeing. The information in this Program is not and should not be relied upon as medical advice. None of the information in this Program, including handouts, documents, videos, images or information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. Although efforts are taken to ensure that any health information provided in this Program is reliable and supportive, we cannot guarantee that it reflects the most up-to-date medical or health research. The Client acknowledges and accepts that the Facilitator is not acting in the capacity of a healthcare professional including a therapist, nutritionist or naturopathic doctor and that none of the information provided in this Program has been created specifically for the Client or to suit the Client’s individual needs or concerns. The Facilitator will not diagnose, treat or cure in any manner whatsoever any disease, condition, physical or mental ailment the Client may have and it is at the Client’s discretion to accept and integrate the information she receives in the Program as it suits her needs.
Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard or delay seeking professional medical advice or treatment because of something you have learned in the Program or read in the Program materials.
Release, Waiver and Indemnity. General Disclaimer.
By signing this Agreement, you fully and completely hold harmless, indemnify and release the Facilitator and the The Yellow Rose & Co, and any of its directors, officers, shareholders, employees, staff, contractors, agents, administrators, successors, family members and assigns or anyone affiliated with the Yellow Rose & Co. (the “Released Parties”) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to the Program, even if such claim was reasonably foreseeable. You are releasing the Released Parties from all losses, damages, personal injuries or death, howsoever caused including out of negligence, during your participation in the Program. 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 Program. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
The Facilitator makes no guarantee or warranty that the program will meet the Client’s requirements. The services and all other goods and information provided by the Facilitator herein are provided on an “as is” basis without warranties of any kind, either express or implied. The Facilitator disclaims all warranties, express or implied, arising by law or otherwise, with respect the services or any other goods and information provided by, through or on behalf of the Facilitator under this Agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or noninfringement and any implied warranty arising from course of performance, course of dealing or usage of trade.
Confidentiality & Intellectual Property Rights
For the purposes of this Agreement, Confidential Information shall be understood to be any information you share with FEM Forever and/or your Facilitator which is not shared with the general public. The parties acknowledge the sensitivity of the Confidential Information and shall not share it with any third party unless specifically directed to do so by the Client, or by a legal obligation. This includes all discussions and any written materials. The Facilitator will make every effort to safeguard the Client’s personal information. The Facilitator may use the Client’s situation and results or the Client’s testimonials in future work without making reference to the Client’s identity. The Client will not be identified by their full name. The Client understands that all information she hears from other members of FEM Flourish during group sessions is confidential and shall not be discussed outside of the meeting.
All Program materials are the intellectual property of the Yellow Rose & Co. The Yellow Rose & Co retains all ownership and intellectual property rights to the content provided to you during your participation in the Program. Your participation in the Program and receipt of the Program materials does not grant you a license to copy, sell, reproduce or distribute the materials received from the Program for any purpose whatsoever. The copyrighted and original materials you are provided are for your individual use only. All intellectual property, including the copyrighted Program materials, shall remain the sole property of the The Yellow Rose & Co. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Program materials.
Acknowledgments
The Client acknowledges and agrees:
a. that the Client has fully read and understood this Agreement;
b. that the Client has had the opportunity to obtain legal advice about the Agreement; and
c. that the Client accepts the terms and conditions set out in this Agreement, including but not limited to, those which deal with the waiver of all claims against the Facilitator and
acknowledgment that the Facilitator is not offering services as a medical or healthcare provider.
I acknowledge and agree that I have read, fully understand, and agree to be bound by each and every clause in this Agreement and have been given the full opportunity to discuss all implications, legal or otherwise, of this Agreement.