TERMS and CONDITIONS

These terms and conditions govern your participation with me, Kari Alajoki d/b/a Embody, as follows:

  1. Scope of Services.
    • The scope of services to be provided are as follows:  

A fifteen (15) week educational and informative program to be conducted over Zoom or some other remote means whereby you will receive program content delivered in live sessions and/or via mp3 or other electronic means with one or more live group calls to be scheduled by me.  Additional one-on-one sessions are available at an additional cost to be scheduled at our mutual convenience.  Some sessions may be conducted in group format and you agree to maintain confidentiality with what is discussed in those sessions.

  1. The program materials cover a wide variety of energy work including meditations, visualization techniques and content.

For any live or one on one sessions, once scheduled they are not changed or re-scheduled absent mutual agreement. Each such session shall be deemed completed at its conclusion. With respect to missed sessions, any make up or repeat sessions shall only be performed if I agree in my sole and absolute discretion.  With respect to live sessions, they shall start and end on time and no accommodation shall be made for tardy arrival or missed sessions. 

  1. Disclaimer
                By enrolling in the program and/or working with me, you agree that my content and services are not therapy, mental health care, a substitute for western medicine or the traditional medical treatment, nor are any representations as to healing being made. You agree that anything you learn in the programs or from my Client is used at your own risk and that you agree to release and hold me harmless of and from any and all claims of injury, illness, or death. You agree that I am not promoting any medical advice whatsoever nor am I advocating the discontinuance of any prescribed medications or medical treatments. 
  2. You are Ultimately Responsible for Results.

You understand that any results of the program or my content rest entirely with you and your own abilities and therefore you agree and understand that the program does not guarantee any particular result, or any outcome whatsoever. 

  1. Independent Contractor Status.

I am an independent contractor and nothing within the Agreement shall be construed to create a joint venture, partnership, agency, or other employment relationship between us.  

Fees:

You agree to pay for services in the amount indicated on the order form and you agree to allow me to charge your credit card in that amount, waiving any right of charge back. You also agree to pay a non-refundable deposit after the 1st group session of $500. Failure to make Full Payment will result in the cancellation of your enrollment and the forfeiture of your Deposit. There are no refunds for cancellations made after the first group session.

You agree that this relationship as well as all information that is shared in any sessions shall be confidential.  In the event I am subpoenaed or otherwise commanded by lawful process to disclose information, you agree that you will defend, indemnify and hold me harmless of and from any liability or claims arising from such disclosures.   

  1. Notes.

 All of my notes and the curricula for my programs and context shall remain my sole and exclusive property.

  1. Limitation of Liability; Defense, Indemnity and Hold Harmless.

You agree that my liability under this agreement is limited to the monetary amount you have paid me. Neither of us shall be liable to the other for lost profits or other consequential damages. 

  1. Recording of Sessions.

The sessions may be recorded by audio or video systems, even if conducted by telephone, and you consent to the recordings.

  1. Nondisparagement.

You agree not to disparage or make negative statements about me or my programs or services.

  1. Confidentiality of Proprietary Information and Material.

You agree to keep confidential all information conveyed in the program or through my services including but not limited to my books, training materials, lessons, questionnaires, surveys, client lists, other writings or electronically stored or recorded materials, and other information used in the delivery of my programs, content or services (Confidential Information).  You agree to use such Confidential Information only for your own personal development and for no other purpose or use whatsoever.

You acknowledge and agree that any violation of the Confidential Information provision of the preceding paragraph will cause me to suffer irreparable harm for which I will not have any adequate remedy at law. I shall be entitled to injunctive relief without bond, including, but not limited to, temporary restraining orders and/or preliminary or permanent injunctions, to restrain or enjoin any violation or threatened violation. My right to injunctive relief shall be in addition to, and not in lieu of, any other legal or equitable remedies that may be available to me, including but not limited to monetary damages to the extent they are calculable. Any action for injunctive relief shall be brought exclusively in the courts located in or having jurisdiction over Wadena County, Minnesota.

  1. Termination and Cancellation.

You may not terminate this Agreement unless I fail to appear and deliver the services as scheduled absent good cause.  

This Agreement is terminable by me if in my sole discretion you do not cooperate, do not or cannot do the work necessary or for any other reason I find that the stated goals cannot be met due to your actions.  Termination for these reasons does not excuse or relieve you of the obligation to pay all sums under this Agreement.

  1. Minnesota Law Governs.

This Agreement is formed in Wadena, Minnesota where I maintain my principal place of business and therefore this Agreement and any dispute arising between the Parties to this Agreement shall be governed by the laws of Minnesota without regard to its conflict of laws or choice of laws principles.  

  1. Dispute Resolution.

 Except for injunctive relief, the Parties agree that any and all disputes between them shall be resolved exclusively by arbitration to be conducted in or near Wadena County, Minnesota, and you irrevocably consent to personal jurisdiction there.  In addition, the Parties agree to waive their right to trial by jury.     

  1. Prevailing Parties.

In the event of a dispute between us arising out of this Agreement, including a dispute over any unpaid invoices, the prevailing party shall be entitled to recover from the non-prevailing party all of its attorney’s fees and costs. 

  1. Forbearance to Not be Waiver.

The failure or forbearance of any Party to exercise any of its rights under this Agreement shall not serve as a waiver of any future right to so enforce or exercise any or all of its rights, nor shall it serve as a modification of this Agreement.

  1. Force Majeure.

Neither party will be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its control, including and without limitation: weather; failures or fluctuations in electric power, heat, light, air conditioning or telecommunication equipment; strikes, lockouts, or other industrial disturbances; civil disturbances; acts of war; acts of terrorism; fires; or acts of God. Neither party shall, however, be excused from performance if nonperformance is due to causes which are removable or remediable and which the non-performing party could have, with the exercise of reasonable diligence, resolved or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance, give written notice to the other party describing the force majeure circumstances preventing continued performance of the obligations of the Agreement.  An epidemic, pandemic, outbreak of SARS, outbreak of COVID-19, or any other health crisis or economic / governmental shutdown shall not be a force majeure if in my sole discretion, the services can be delivered virtually or remotely over the telephone, internet or some other electronic means.

The headings in this Agreement are for ease of reading and reference only and are not intended to be a part of or affect any term or condition of this Agreement.

To the extent that any paragraph, clause, sentence or part of this Agreement shall be deemed void and/or unenforceable, said paragraph, clause, sentence or part shall be severable from this Agreement without affecting the validity of the remainder of this Agreement.

  1. Entire Agreement.

This is the entire agreement between us; it supersedes all other negotiations and discussions prior to the execution of this agreement.  You agree that no other representations have been made by me to induce you into entering into this agreement and no modification to the terms of this agreement shall be effective unless in writing signed by both parties.          

  1. Counterparts. 

This Agreement may be signed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Electronic signatures are as binding as original, physical signatures.

CONSULTING

I am passionate about helping moms!

Let me successfully help you through the process of discovering what you would like your perfect life to look like. We will take the steps needed to evaluate patterns that hold you back, and make a plan that incorporates small changes so that you become the mom you have always dreamed of!

A HEADLINE POINTING OUT GREAT ADVANTAGES

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