Please note that the information that you receive during your readings, services, consultations, and coaching calls are not meant to diagnose, treat, or cure any diseases.By accepting appointments and services with A’Tondra Vinchealle and The Mermaid’s Wisdom, you agree to assume full responsibility for your actions and how you choose to implement the information you receive.Since you may receive referrals for services from The Mermaid’s Wisdom and/or A’Stronger~U Fitness, Health, and Wellness, by accepting this appointment you show that you agree with the Terms and Conditions, as well as the Privacy Policies of both The Mermaid’s Wisdom and A’Stronger~U Fitness, Health, and Wellness.
The Mermaid’s Wisdom Terms and Conditions
TERMS OF SERVICE
All customers and visitors to www.TheMermaidsWisdom.com (the “Website” or “Site”) or to the premises where The Mermaid’s Wisdom offers services are The Mermaid’s Wisdom’s (“(The Mermaid’s Wisdom)”) Terms and Conditions as expressed below.
Web communications are a highly regulated and monitored activity by government agencies in many countries. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree, do not use this Website. This statement is designed to inform you of basic general legal positions and liabilities relating to your use of this site, your use of the training, exercise, nutrition, coaching, and fitness services, and for you to attest to the fact that you, not the company, will be responsible for your own actions.
This Terms of Service contains twenty-three sections.
- Limited License & Use of the Service: You are granted a non-exclusive, non-transferable, limited license to access and to use the Site.
- Right to Change Site: We reserve the right to modify, suspend, or discontinue the Site at any time.
- Site Interruptions: We make every effort to minimize site interruptions.
- Site Contents: All materials on the Site are owned, controlled, or licensed by (The Mermaid’s Wisdom).
- Consulting a Doctor/Activity Risk: Always consult a doctor before engaging in any strenuous activity.
- Release of Liability Agreement: You must sign, either in writing or digitally, the (The Mermaid’s Wisdom) Release of Liability Agreement prior to beginning a training, exercise, nutrition, coaching, or fitness services with (The Mermaid’s Wisdom).
- Media Release: You must sign, either in writing or digitally, the (The Mermaid’s Wisdom) Release of Liability Agreement prior to beginning energy therapy, reiki, yoni steaming, training, exercise, fitness, nutrition, and/or coaching services with (The Mermaid’s Wisdom).
- Non-Compete and Non-Disclosure: You must sign, either in writing or digitally, the (The Mermaid’s Wisdom) Release of Liability Agreement prior to beginning a reiki therapy, energy therapy, yoni steaming, training, exercise, nutrition, or coaching or fitness services with (The Mermaid’s Wisdom).
- Payments, Refunds, and Class Cancellation Policy: Prices are subject to change at any time.
- Cancellation and Termination of Service: Service may be cancelled or terminated at any time.
- Gym Membership Policy: A gym membership at your chosen facility of service is mandatory for all in-person personal training, small group personal training, and nutrition coaching services.
- Proprietary Rights: (The Mermaid’s Wisdom) owns all rights, title, and interest in the Site.
- User Comments, Feedback, and Other Submissions: (The Mermaid’s Wisdom) may use any of the comments you send to us. Comments must not violate any right of a third party.
- Account Security: You are responsible for safeguarding your password.
- Disclaimer, Limitation of Liability and Indemnity: (The Mermaid’s Wisdom) disclaims all warranties.
- Dispute Resolution: Users agree to a pre-determined dispute resolution procedure.
- Choice of Law: This agreement is governed under the laws of the State of Texas.
- Termination: Both (The Mermaid’s Wisdom) and the user may terminate this agreement at any time, but your continued use of the Site will not terminate your obligations under these Terms of Service.
- Entire Agreement: This is the entire and exclusive agreement between the user and (The Mermaid’s Wisdom).
Welcome to www.TheMermaidsWisdom.com (the “Site”). The Site is provided as a means for visitors and Members (users who pay for the energy therapy, reiki therapy, yoni steaming, personal training, group training, nutrition coaching, lifestyle coaching, wellness coaching, and/or support services). Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE, CONTENT OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR CONTENT.
If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We ((The Mermaid’s Wisdom) or the “Company”) reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site.
In order schedule an appointment or trial session, you must schedule on the www.TheMermaidsWisdom.com website and provide a payment credit or debit card for your file. To purchase memberships or assessments, you can (a) sign-up online (b) call the number listed on our website or (c) show up at the (The Mermaid’s Wisdom) host facility and sign up with one of our The Mermaid’s Wisdom Coaches. If you already have a username and password you can visit online account, choose your service, and remit your payment there.
Please note that if you make a purchase of any kind through the website you agree to allow (The Mermaid’s Wisdom) to keep your credit or debit card on file. If you purchase any of our memberships or services, you agree to allow (The Mermaid’s Wisdom) to keep your credit card on file. If you fail to comply with the cancellation policy set forth in Section 11, you will be assessed the following fees based on your service:
Mandatory Forms Completion Policy
Please be aware that completion of any and all compliance forms, waivers, and other documents that sent to you for completion prior to your appointment MUST be completed AND returned at least 24 hours PRIOR to your scheduled appointment.
Please note that failure to return ALL of your COMPLETED, SIGNED, AND DATED forms prior to your 24-hour deadline will result in IMMEDIATE cancellation of your appointment and any applicable cancellation fees will be assessed and charged to your card on file. Said fees will not be refunded, held, transferred, or exchanged for other services and you will be unable to book future services until your balance is paid in full.
If you have purchased a month-to-month or a 3, 6, 9, 0r 12-month service, your forms MUST be completed at least 24 hours PRIOR to your scheduled start date. You WILL NOT be allowed to begin your program until AFTER you have remitted your completed, signed, and dated forms. Neither your program package start date nor your billing date will be adjusted due to your failure to complete, sign, date, and remit your forms. Any missed sessions will not be refunded, exchanged, held, or transferred.
You should be aware that programs expire as described on the www.TheMermaidsWisdom.com website or on our scheduling website and that class future packages, program and service prices are subject to change.
We accept MasterCard, Visa, Discover, American Express. You can book appointments and program start dates up to 2 weeks in advance.
(The Mermaid’s Wisdom) provides you the convenience of using our automatic draft service. In the event, you want to cancel your subscription of any of (The Mermaid’s Wisdom) ’s services, you shall provide written notice through the “Contact Us” section of the website. This is the only accepted method of cancellation. (The Mermaid’s Wisdom) requires 30 business day notice before the auto-renew date of your program. Should you cancel within the 30-business day window you will be subject to another monthly, 3, 6, 9, or 12-month subscription of your program (depending on the payment option you chose upon enrollment into the program). For example, if you signed up for a 12-month program and you fail to cancel by the 30-business day cancellation deadline, your program will be renewed for another 12 months and your card will be charged accordingly. Please allow up to 30 business days to cancel the automatic draft service.
Also, please note that if you choose to cancel a monthly subscription to a program prior to the end of your chosen term (for example, if you subscribe for a 6-month term and desire to cancel in your 4th month of service) you will be charged a cancellation fee of 95% of the remaining balance on your program.
For example, if you subscribe to Silver Membership to 6 months of Small Group Training for Women at $660.00 per month and your billing date is on the 30th of the month, but you send a WRITTEN cancellation via the “Contact Us” page on the 13th of the month in the 4th month of your program, then that means you leave 2 months outstanding on your 6-month agreement. Upon receipt of your written cancellation via the “Contact Us” page, your card will be IMMEDIATELY charged 95% of ($660.00 x 2) $1320.00, which will be a total of $1,254.00. If you were to send a written cancellation via the “Contact Us” page on the 17th of the month, your card will be charged the full price of one more month of service, PLUS 95% of the remaining balance. So, you would be charged $660.00 + 95% of the remaining month of service ($660.00) which would be $627.00 for a total of $1,287.00.
Our cancellation policy is non-negotiable under any circumstances.
Your credit card/debit card will be charged for your order when you submit payment. (The Mermaid’s Wisdom) will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. (The Mermaid’s Wisdom) shall charge a processing fee of seventy-five dollars ($75) in the event you provide (The Mermaid’s Wisdom) with an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that (The Mermaid’s Wisdom) may incur in its efforts to collect any unpaid balances from you.
3.Limited License & Use of the Site
You are granted a non-exclusive, non-transferable limited license to access and use the Site. The Site does not review or pre-screen the contents of electronic data uploaded or posted to the Site (“Content”), and the Company claims no intellectual property rights with respect to the Content.
You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Site, use of the Site, or any portion of the Site, including, but not limited to the HTML, Cascading Style Sheets (“CSS”), or any visual design elements without the express written permission from the Company.
You agree not to modify, reverse engineer, adapt, or otherwise tamper with the Site or modify another website so as to falsely imply that it is associated with the Site, the Company, or any other software or Site provided by the Company.
You agree not to use the Site in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, and obscene or in violation of these Terms of Service.
You agree not to use the site to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
4.Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend, or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, or feature offered through the Site.
(The Mermaid’s Wisdom) makes every effort to keep the Site and Service up and running. However, the Site is hosted through a third party, and we do not always have advanced notice of such interruptions. If site interruptions occur, we will make every effort to get the Site up and running as quickly as possible.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled and/or licensed by (The Mermaid’s Wisdom). Other trademarks appearing on the Site are the trademarks of (The Mermaid’s Wisdom) and/or its subsidiaries.
The Site and the Contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
7.Consulting a Doctor/Activity Risk
Prior to participating in any new consultation, program, therapy, or activity, you should seek the advice of your physician or other qualified health professional. You agree that (The Mermaid’s Wisdom) assumes no risk or liability for your participation in the activities and that you participate at your sole discretion and risk.
You shall not use (The Mermaid’s Wisdom) ’s facility, service, or equipment in such a way as to endanger the health or safety of you or others. You shall be responsible for any property damage or personal injury caused by you or your guests. You agree not to violate any laws while at (The Mermaid’s Wisdom).
8.Release of Liability Agreement.
Before beginning any services with (The Mermaid’s Wisdom), you must sign the Release of Liability Agreement in person at our studio. By signing the Release of Liability Agreement, you will waive certain rights, including the right to sue, so please read it carefully and discuss with your attorney or advisors before signing. Our Release of Liability Agreement is as follows:
I, the undersigned, being aware of my own health and physical condition, and having knowledge that my participation in any exercise program may be injurious to my health, am voluntarily participating in program, therapy, consultation, coaching, course, and/or physical activity with The Mermaid’s Wisdom.
Having such knowledge, I hereby release The Mermaid’s Wisdom, their representatives, agents, and successors from liability for accidental injury or illness which I may incur as a result of participating in the said physical activity. I hereby assume all risks connected therewith and consent to participate in said program.
I agree to disclose any physical limitations, disabilities, ailments, or impairments which may affect my ability to participate in said fitness program.
- Media Release.
You authorize The Mermaid’s Wisdom), its employees, agents, representatives, personnel, and contractors who are acting on behalf of The Mermaid’s Wisdom to create and/or obtain and use your photograph, your voice or quotes/excerpts of your written or verbally expressed words, your artwork or photograph of your artwork, your name, alias, or biographical information, a video and/or audio recording or other likenesses of yourself (hereafter collectively referred to as “Your Likeness”) for purposes related to the mission of The Mermaid’s Wisdom, including instructional and/or educational purposes, publicity, marketing and promotion of The Mermaid’s Wisdom and its programs without receiving compensation of any kind. You understand Your Likeness may be copied/reproduced and distributed by broadcast/rebroadcast, radio transmission/retransmission, news releases, mail-outs, emails, billboards, signs, brochures, placement on websites, social media and/or electronic delivery, publication, display, or promotion on any and all other media, and you further understand that your Likeness in accordance with this Authorization for Use of Image, Voice, Performance, Artwork, or Likeness (hereinafter sometimes referred to as “this Authorization). you waive any right to inspect or approve the finished product or material in which The Mermaid’s Wisdom may eventually use Your Likeness.
You relinquish and give The Mermaid’s Wisdom all rights, title, and interests in and to Your Likeness, including any copyright therein. This authorization shall be binding upon your heirs, successors, assigns, and legal representations.
You understand that, although The Mermaid’s Wisdom will endeavor to use Your Likeness in accordance with standards of good judgment, The Mermaid’s Wisdom cannot warrant guarantee that any further dissemination of Your Likeness will be subject to The Mermaid’s Wisdom supervision and control. Accordingly, you release The Mermaid’s Wisdom from any and all liability related to dissemination, reproduction, distribution, and/or display of Your Likeness in print or any and all other media and any alteration, distortion, or illusionary effect of Your Likeness, whether intentional or otherwise, in connection with said use. you also understand that you may not withdraw your permission for use of Your Likeness which was granted with this Authorization.
- Non-Compete and Non-Disclosure
The Mermaid’s Wisdom and Client, Patient, or Participant agree as follows:
Energy Therapy, Reiki Therapy, Yoni Steaming, Lifestyle Coaching, Personal Training/Group Training/Nutrition Coaching/Assessment and Testing. Client, Patient, or Participant agrees to attend and participate in training, nutrition coaching, testing, and/or assessments conducted by The Mermaid’s Wisdom.
Confidential Information. While involved with The Mermaid’s Wisdom or attending THE MERMAID’S WISDOM Training courses, Client, Patient, or Participant will be exposed to certain valuable information that THE MERMAID’S WISDOM deems confidential (hereafter the “Information”). This Information includes, but is not limited to, the THE MERMAID’S WISDOM exercise method, techniques, program, processes, unpublished materials, products, and all other information included in the scope of the confidential Information as described below, all of which are collectively referred to for convenience as the “THE MERMAID’S WISDOM Workout.” THE MERMAID’S WISDOM, Inc. wishes to disclose the Information only if it can do so without risk that the Information’s value will be diminished. Client, Patient, or Participant understands that THE MERMAID’S WISDOM, has invested substantial effort into developing this Information and the THE MERMAID’S WISDOM Workout, and that Client, Patient, or Participant’s unauthorized disclosure of the Information would irreparably damage THE MERMAID’S WISDOM. The Information cannot be adapted, renamed, or reengineered in any manner to create, teach, or offer a similar program, routine, or workout
Scope. The scope of the confidential Information includes the THE MERMAID’S WISDOM energy therapy, reiki therapy, yoni steaming, exercise, nutrition, coaching, fitness, or any other business or service method or program methods, Client, Patient, or Participant programs, and mobile solutions including, but not limited to, the following:
3.1. The Information includes the teaching techniques, instructional and other materials, and concepts in the presentation package, workbooks, and demonstrations that The Mermaid’s Wisdom will make available to the Client, Patient, or Participant only upon him or her signing this Agreement.
3.2. The Information includes designs, text, movement techniques, course materials, video and audio material, coaching methods, techniques, and materials, workout routines, combinations, and the concept of the THE MERMAID’S WISDOM Workouts in general which themselves are among THE MERMAID’S WISDOM’s trade secrets.
3.3. The confidential Information includes THE MERMAID’S WISDOM’s “know-how,” clients, client lists, Client, Patient, or Participant candidate and Client, Patient, or Participant lists, certification standards, databases, marketing, tactics and strategy, merchandising, licensing, licensees, vendors, personnel contracts and their terms, business models and plans, compilations, techniques, devices, intellectual property, methods, processes, copy, formats, packaging, brand names, formulas, patterns, products, slogans, and illustrations.
3.4. The Information includes all trade secrets and other information about THE MERMAID’S WISDOM’s methods, programs, business, and techniques to which Client, Patient, or Participant is exposed while involved with THE MERMAID’S WISDOM in any capacity.
3.4.1. In consideration of THE MERMAID’S WISDOM disclosing this Information to Client, Patient, or Participant, and training him or her to become a THE MERMAID’S WISDOM Client, Patient, or Participant, Client, Patient, or Participant hereby agrees that the Information is and shall be kept confidential, except as Client, Patient, or Participant is authorized to disclose it by THE MERMAID’S WISDOM and only after being approved as a Client, Patient, or Participant. Client, Patient, or Participant also agrees that information and resources which he or she develops or obtains while reviewing the THE MERMAID’S WISDOM Information or serving as an THE MERMAID’S WISDOM Client, Patient, or Participant automatically become the property of THE MERMAID’S WISDOM, and that Client, Patient, or Participant will inform THE MERMAID’S WISDOM of those developments. Client, Patient, or Participant agrees that all such Information shall be used only to benefit THE MERMAID’S WISDOM. Client, Patient, or Participant also agrees to keep the Information secret and to hold it in confidence except as Client, Patient, or Participant is authorized to disclose it by THE MERMAID’S WISDOM. Client, Patient, or Participant agrees that he or she will not divulge, without consent, any of the Information to anyone who does not need to know to further THE MERMAID’S WISDOM’s purposes unless: (a) the information is known to Client, Patient, or Participant prior to obtaining it from THE MERMAID’S WISDOM; (b) the information is, at the time of disclosure by Client, Patient, or Participant, then in the public domain; or (c) the information is obtained by Client, Patient, or Participant from a third party who did not receive it directly or indirectly from THE MERMAID’S WISDOM.
Independent Client, Patient, or Participant. In carrying out the obligations and duties under this Agreement, it is understood and agreed that Client, Patient, or Participant is acting as an independent Client, Patient, or Participant and not as an agent, partner, or employee of THE MERMAID’S WISDOM. Neither party shall have the right to bind or obligate the other in any manner whatsoever nor shall a party be liable for the representation, act or omission of the other party, which is contrary to the provisions of this Section.
Best Efforts/Loyalty. The Client, Patient, or Participant shall at all times be aware and conscious of the fine reputation enjoyed by The Mermaid’s Wisdom and shall strive in a proper, professional and ethical manner to promote and enlarge the The Mermaid’s Wisdom’s business and not in any way impair or adversely affect such reputation. Further, the Client, Patient, or Participant will not directly or indirectly in any way intentionally do or engage in any activities which shall discredit, damage, hurt, or ruin the reputation and practice of the The Mermaid’s Wisdom at any time.
Termination. On termination of this Agreement in any manner, or for any reason, Licensee shall immediately cease and desist from all participation with THE MERMAID’S WISDOM or uses of the Information in any form or manner. Client, Patient, or Participant agrees to return to THE MERMAID’S WISDOM all materials related to the THE MERMAID’S WISDOM Workout, including all documentation, copies, notes, diagrams, computer data storage media, and other materials containing any portion of the Information immediately upon conclusion of Client, Patient, or Participant receiving services from THE MERMAID’S WISDOM or from an THE MERMAID’S WISDOM Licensed Facility, or when THE MERMAID’S WISDOM’s Client, Patient, or Participant term ends, whichever is earlier.
Tradename Protection. Whether or not confidential or already public, THE MERMAID’S WISDOM trademarks and trade names, and its written and recorded materials are protected by federal and state law, including copyright and trademark laws, from unauthorized reproduction or use, and may not be used or reproduced in any way without The Mermaid’s Wisdom’s consent.
Authorized Disclosures by THE MERMAID’S WISDOM Client, Patient, or Participants. Once approved as an THE MERMAID’S WISDOM Client, Patient, or Participant, he or she agrees to comply with all guidelines in the THE MERMAID’S WISDOM material that he or she will receive as part of the Client, Patient, or Participant’s training, coaching, services, and all other materials provided to Client, Patient, or Participant by THE MERMAID’S WISDOM from time to time, including but not limited to all guidelines relating to use of all THE MERMAID’S WISDOM names and logos in all promotional activities associated with the Client, Patient, or Participant’s training as an THE MERMAID’S WISDOM Client, Patient, or Participant. Client, Patient, or Participant may not use or disclose the names, logos, or Information in any other manner or context without THE MERMAID’S WISDOM’s written consent. Client, Patient, or Participant may not teach others to teach the THE MERMAID’S WISDOM Workouts or to be THE MERMAID’S WISDOM Workout Client, Patient, or Participants, and Client, Patient, or Participant may not certify others in the THE MERMAID’S WISDOM Workout without the express authorization of THE MERMAID’S WISDOM. Client, Patient, or Participant may not authorize any facility to represent that it is an authorized or licensed THE MERMAID’S WISDOM Facility. Client, Patient, or Participant understands that the materials that will be distributed to Client, Patient, or Participant, are copyrighted works, and that they may not be copied, reproduced, licensed, displayed, performed, or distributed in any manner except as expressly authorized.
Non-competition. Client, Patient, or Participant agrees not to manufacture, sell, deal in, or otherwise use or appropriate the Information for the Client, Patient, or Participant’s own use including, but not limited to, creating derivative works, adaptation, imitation, redesign, reverse engineering, digitization, or modification. The Client, Patient, or Participant agrees that he or she will not market, or cause to be marketed any energy therapy, reiki therapy, yoni steaming, exercise, nutrition, coaching, fitness, or any other business or service method or program that is substantially similar to the THE MERMAID’S WISDOM programs to anyone in the world at any time during the time Client, Patient, or Participant is reviewing the Information or receiving services for THE MERMAID’S WISDOM or serving as a THE MERMAID’S WISDOM Client, Patient, or Participant and for an indefinite period of time thereafter. Client, Patient, or Participant further agrees that he or she will not market, or cause to be marketed any program or method using the same or a substantially similar method to persons or businesses whom are then-present clients, contractors, directors, employees, or Client, Patient, or Participants of THE MERMAID’S WISDOM at any time. If the provisions contained in this non-competition provision are deemed to exceed the time, geographic, or other limits imposed by applicable law in any jurisdiction, then such provision shall be deemed reformed in such jurisdiction to the maximum extent permitted by applicable law.
Breach. Client, Patient, or Participant acknowledges that THE MERMAID’S WISDOM will suffer immediate and irreparable harm as a result of any violation, breach or threatened breach of this Agreement by Client, Patient, or Participant. THE MERMAID’S WISDOM shall be entitled, and Client, Patient, or Participant hereby consents to the issuance in any court of competent jurisdiction, with or without notice, and in addition to any other remedy, including damages, which may be available at law or in equity, to temporary, preliminary and permanent orders and injunctions, without bond, restraining and enjoining such breach or violation by Client, Patient, or Participant and any other person, corporation, partnership or other entity including their officers, directors, shareholders, employers, servants or agents who may be acting in concert with Client, Patient, or Participant or to whom such confidential Information may have been disclosed.
Non-assignment. This Agreement is not assignable, and shall bind the Parties and their heirs, fiduciaries, affiliates, directors, shareholders, partners, and successors.
Prior Agreements. This is the Parties’ entire Agreement. It supersedes any and all prior agreements whether written or oral and may be amended only by a separate writing.
Authority to Bind. The persons signing below represent and warrant that each has the full power and authority to bind the party on whose behalf he or she signs, even if he or she signs on behalf of a corporation.
Governing Law. This Client, Patient, or Participant Agreement shall be governed and interpreted by the laws of the State of Texas.
Severability. If any provision of this Agreement is determined to be unenforceable, that provision shall be reformed as set out above, or severed if such reformation is not applicable, and all other provisions shall remain in effect.
- Payments, Refunds, and Cancellation Policy
The prices displayed on the site are quoted in U.S. dollars. (The Mermaid’s Wisdom) reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Paid Appointment Services
When you schedule your appointment, know that I am creating time, space, and energy for your experience, even before your appointment time arrives. So, if you cancel at the last minute or do not show for your time, your appointment will be cancelled and you will have to purchase another time slot. Cancellations must be made in this scheduler at least 48 hours prior to your scheduled appointment time. After 2 cancellations or rescheduled appointments, you will forfeit your original payment and you will have to purchase a new time slot.
From time to time, I may offer Complimentary Services. When I do this, I create the same time, space, and energy for you that I would create, if you had paid full price for the service. So, to protect the integrity of all of these services, please understand that cancellations or reschedules of complimentary services will be accepted only one time, at least 48 hours prior to your scheduled appointment time. On the second cancellation or reschedule, you will be disallowed from scheduling complimentary services and you will have to pay the full price for a full consultation. All cancellations or reschedules must be made in in this scheduler.
There are no refunds, holds, exchanges, or transfers on any products or services, under any circumstances.
Subscriptions, Memberships, Coaching Programs, and Support Programs
ALL SUBSCRIPTIONS, MEMBERSHIPS, COACHING PROGRAMS, AND SUPPORT PROGRAMS REQUIRE AT LEAST A 3-MONTH COMMITMENT. There are no refunds, holds, exchanges, or transfers. Missed appointments and classes will not be held, refunded, exchanged, transferred, or rolled over into the following month. If you are on a payment plan and you miss a payment, you will not be allowed access to the program until you have made your payment. Any missed time, due to non-payment, will not be refunded, held, exchanged, transferred, or rolled over to the end, for any reason. If you wish to discontinue, you must send a written notice, via email, to email@example.com, AT LEAST 30 DAYS PRIOR TO THE BEGINNING OF YOUR 3RD MONTH. If not, you will be agreeing to another 3-Month Term and you will be responsible for your next payment in full (if you paid in full), or monthly payment (if you signed up for a payment plan).
If your Consultation requires a Follow-Up appointment, you will receive a link to schedule that appointment. Follow-up appointments must be scheduled within 14 days of your consultation. Failure to schedule your Follow-up consultation within 14 days will result in forfeiture of your Follow-up appointment and you will need to pay to schedule a new consultation to begin the process over again.
We reserve the right to change the price and will try to provide notice of such changes. Payment for services will accepted via MasterCard, Visa, Discover, and American Express.
12.Cancellation and Termination of Accounts
(The Mermaid’s Wisdom) has the right to suspend access to any user at any time for failing to comply with these Terms of Service. Upon cancellation or termination, all content associated with such subscription will be deleted immediately. There will be no refunds, holds, exchanges, or transfers of any payments.
13.Clinic, Gym or Other Host Facility Policy
The membership to the facility where your in-person sessions are held is MANDATORY if a membership is required for customers to use the facility. You will not be allowed to begin your sessions without obtaining a membership. If at any point your membership is cancelled or suspended while you are still on your program, you will not be allowed to attend any sessions until you have reinstated your membership. Your start and end dates will not be moved and your missed sessions cannot be made up, refunded, held, exchanged, or transferred.
(The Mermaid’s Wisdom) owns all legal right, title, and interest in the Site, including any intellectual property rights which subsist in the Site, and any comments or submissions you make to or through the Site. You may not use any of (The Mermaid’s Wisdom) ’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
15.User Comments, Feedback, and Other Submissions
(The Mermaid’s Wisdom) is pleased to hear from users and welcomes your comments regarding our products and Service. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that (The Mermaid’s Wisdom) may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to the Company. (The Mermaid’s Wisdom) is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. (The Mermaid’s Wisdom) has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead (The Mermaid’s Wisdom) or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. (The Mermaid’s Wisdom) takes no responsibility and assumes no liability for any Comments posted by your or any third party.
16.Personal Information Submitted Through the Site
You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify (The Mermaid’s Wisdom) of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of information to (The Mermaid’s Wisdom), it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Products and Service.
18.Disclaimer, Limitation of Liability, and Indemnity
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and (The Mermaid’s Wisdom) agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to
- (The Mermaid’s Wisdom) at:
(The Mermaid’s Wisdom) Legal Department
Bellaire, TX 77401
(2) You at: your last-used billing address or the billing and/or shipping address in your online profile.
If this Dispute Resolution process does not result in satisfaction of the Dispute, then you agree to submit the issue to non-binding mediation in Fort Bend County. Both you and (The Mermaid’s Wisdom) agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
20.Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Texas, Fort Bend County, and/or the Southern District of Texas. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of (The Mermaid’s Wisdom) ’s right to require strict observance of each of the terms herein.
If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or (The Mermaid’s Wisdom). You may terminate this Agreement at any time by termination your account and discontinuing use of the Site. The Company also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Ownership of Personal Responsibility
As always, you are an autonomous Being and therefore are fully responsible for making the most informed decisions about your health and wellness. None of the information provided during your appointment, in any of our materials, or that is found on our website is meant to diagnose, cure, or treat any disease or ailment.It is your responsibility, Sis, to consult your Primary Care Provider before, during, and after adding anything new to your health and wellness lifestyle. By scheduling using this site or using any of The Mermaid’s Wisdom’s services, you agree that you are solely responsible for any injury or reactions that may result from you utilizing any of the information provided by The Mermaid’s Wisdom, it’s owners, partners, affiliates, employees, and contractors.