1.    PURPOSE OF THE TERMS & CONDITIONS

The Purpose of these terms & conditions is to enter a coaching relationship between the Coach and the Client, where the Coach will train the Client in the ShapeFX™ Method of lymphatic drainage with a workload of  ten hours, to be carried out in person at a location agreed to by both parties, for two days.

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The date agreed for this course is per the purchased ticket, as advertised on the event information.

Considering that the duration of the course is estimated, the Coach may, at their sole discretion, adjust the workload of the course to be taught to reduce or extend its duration, according to the schedule to be informed to the student.

 

The contracted service includes: a) theoretical and practical training in person; b) handout in PDF; and, c) certificate of completion of the course and qualification in the technique, d) access to the Coach for 6 (six) months for questions and clarifications.

 

2.    COMPENSATION

The value of this contract is $2,197 CAD + taxes.

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3.    CLARIFICATIONS

All content made available for the course, whether audiovisual or written, is the exclusive property of the Coach and is protected by national intellectual property legislation, with reproduction, transmission, dissemination, storage, recording, exhibition being prohibited. Copy, by any means, whether total or partial, of the content made available by the Coach (handout and classes) is prohibited.

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The Client declares to be aware that any type of reproduction of the material made available by the Coach in its virtual environment (website), whether through public display or not, partial or total, regardless of the intention to earn profit, will subject it to applicable civil and criminal charges, without prejudice, to the duty to indemnify the Coach for all damages and losses caused, in addition to a contractual fine of 100 (one hundred) times the value of the course, and reimbursement of all revenue unduly earned with the illegal sales of materials and classes made available by the Coach.

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If the undue use of the course content by the Client is verified, the Coach may, after determining the due responsibilities, immediately block access to classes, cancel this contract with reason, without prejudice to the determination of losses and damages caused to it, with the consequent filing of the appropriate judicial and criminal claim against the Client.

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The Client must attend the course classes in accordance with the established schedule.

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The class of the course is completed when the entire schedule previously made available is fulfilled.

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The Client is responsible for accessing and fully attending the course content, not being entitled to any type of access replacement, or right to any type of compensation, discounts or benefits, for not having possibly attended to the classes made available by the Coach.

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4.    IMPROPER USE OF IMAGE AND/OR METHOD - GENERAL CONDITIONS

In view of this contract, the Client is aware that it is expressly prohibited to record the techniques and/or guidelines given by the Coach in the course whether by means of audio or video.

It is expressly forbidden for the Client to reproduce and teach the techniques taught by the Coach in its course; and the Client cannot, in any way, teach classes, symposiums, courses, workshops, among other forms of propagation of the "ShapeFX™ Method" to any person, under penalty of civil and criminal liability of the transgressor, as well as application of a fine for non-compliance with this contract, in the amount of 100 (one hundred) times the value of this course, in addition to reimbursement of any and all advantages earned as a result of the sale of improperly pirated content.

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The Client further agrees to a moratorium of 3 (three) years during which they will not teach any third parties any form of lymphatic drainage, lymphatic massage, Brazilian massage, Brazilian lymphatic drainage, abdominal massage, detox massage, or any related massage techniques. The Client agrees to reimburse the Coach for non-compliance of this contract the amount of 100 (one hundred) times the value of this course, in addition to reimbursement of any and all advantages earned as a result of the sale of improperly pirated content.

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It is also expressly forbidden for the Client to appropriate the "ShapeFX™ Method" as if it were their own, changing the name of the technique, partially or in full, but using identical or similar procedures to those taught in the course, under penalty of making the offender responsible for the penalties provided for in Canadian legislation, both in the civil and criminal court, as well as the imposition of a fine for non-compliance with this contract, in the amount of 100 (one hundred) times the value of this contract.

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The Client must use on their patients a technique identical to the one taught by the Coach during the course, and must use the name and/or logo of the "ShapeFX™ Method" in the dissemination of their work in all their media/social networks.

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The Client must also respect and strictly follow the table of values stipulated for each procedure - and third parties cannot be charged amounts of less than $100.00 CAD (one hundred Canadian Dollars) for each session of the treatment given.

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The Client expressly agrees that it may not reproduce, duplicate, copy, sell, resell or exploit any part of the services made available by the Coach, especially with regard to the course taught, without express written permission from the Coach.

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The Client expressly authorizes the Coach to republish the results of its work related to the course taught in its social media, including, but not limited to, Instagram, Facebook and/or website.

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5.    LIMITATION OF LIABILITY

Under no circumstances will the Coach and/or its employees be liable for any damage, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, loss of revenue, lost savings , loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the services and/or information provided by (a) qualified professional (Client), or for any other claim related (in any way) to the use of the services provided, nor to any errors or omissions in any content, or any loss or damage of any kind as a result of the use of the service or any content (or product) posted, transmitted or otherwise - available through the service, even if advised of such possibility.

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The Coach will not be responsible in any way, in cases where the Client may hurt and/or cause injuries to its patients, or develop the technique taught in the course incorrectly, coming to harm their clients and patients in any way, with any and all damage being the sole and exclusive responsibility of the Client.

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It is the responsibility of the Client, to appropriately disclose to their own clients the contraindications for this massage and if they must obtain medical clearance before receiving it.

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6.    GENERAL CONDITIONS FOR REGISTRATION

The registration period will end 10 (ten) days before the course date.

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The registration of the CLIENT student will only be ensured after confirmation of payment of the registration, as well as upon receipt by the Coach of this contract duly completed and signed.

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If the registered Client needs or decides to cancel his/her participation, including due to an unexpected emergency (severe illness or safety issues, for example), the Client with a confirmed date may re-book at the convenience of the Coach. If no dates are available, the client will receive a refund of 80% of the total value of the course. Deposits are strictly non-refundable.

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The Coach's team is not responsible for reimbursing any expenses associated with the course, such as: hotel reservations, air fares and/or private expenses with third parties, for example; in case of cancellation by either party, or due to the change of course dates by the team, such charges being the sole and exclusive responsibility of the Client student.

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If the Client student does not attend and/or does not attend the course, there will be no refund of amounts paid.

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After the completion and/or availability of the course classes, there will be no refund to the Client student.

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7. CONFIDENTIALITY

All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Client, unless the disclosure is required pursuant to process of law.

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Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Coach.

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8. INTELLECTUAL PROPERTY

Hereby, the Client agrees that any intellectual property provided to him/her by the Coach will remain the sole property of the Coach, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.

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9. EXCLUSIVITY

The Parties agree that this Agreement is not an exclusive arrangement and that the Coach is entitled to enter into other similar agreements with other clients. 

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10. LIMITATION OF LIABILITY

In no event shall the Coach be liable for any damages for any indirect, consequential or special damages.

The Coach, hereby, makes no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the coaching services negotiated, agreed upon and rendered.

The Client declares to have previously read this contract and the course regulations, agreeing with all its terms and conditions, and the regulations may be unilaterally modified by the Coach.

The Client is civilly and criminally responsible for the veracity of the data, statements, information and documents that are provided and for the consequences that arise from them.

The Coach does not guarantee, under any circumstances, that the connection systems with the services (via telephone, cable, or any other means of internet access) are free from possible failures and/or interruptions, not being responsible for the quality of the network. used to access the contracted service, since it is maintained by third parties, other than the Coach, and, therefore, is beyond its control, management and responsibility.

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11. SEVERABILITY

In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.

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12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Canada.

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13. ALTERNATIVE DISPUTE RESOLUTION

Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to the laws of Canada.

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14. ATTORNEY FEES

In the event of any dispute between the Parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

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15. ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.