REFUNDS AND CHARGEBACKS: In the event that client/participant terminates services prior to the completion of the program, client/participant shall be responsible for the entire fee set forth herein. If using a multiple-payment plan to make payments, Dana Canneto shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.
NO SUBSTITUTE FOR MEDICAL TREATMENT: Client/Participant agrees that he/she will obtain medical services from the professionals/physicians/health care providers of her choice. Client/participant agrees and acknowledges that services of Dana Canneto are not in any way intended to be a substitute for medical treatment of any sort. Dana Canneto services are not a substitute for medical treatment or consultation with a medical and/or psychiatric professional. Client agrees that he/she will solely remain responsible for contacting; communicating with, coordinating with, and otherwise retaining the services of her chosen professionals/physicians/health care providers. Client agrees that he/she will remain responsible to be mindful of his/her own wellbeing during while receiving Dana Canneto’s services and seek medical treatment as needed as Dana Canneto’s services does not provide medical services of any sort. Dana Canneto is furthermore not responsible for any decisions made by Client as a result of the recommendations made by Dana Canneto’s services and/or any consequences thereof.
IN THE EVENT OF A HEALTH CARE EMERGENCY, CLIENT IS HEREBY INSTRUCTED TO IMMEDIATELY CONTACT HER PHYSICIAN. CLIENT SHALL REMAIN SOLELY RESPONSIBLE FOR COMMUNICATING WITH HER HEALTH CARE PROVIDERS, HOSPITAL, AND/OR EMERGENCY SERVICES.
DISCLAIMER OF GUARANTEE: Client/participant accepts and agrees that she/he retains 100% responsible for his/her progress while receiving Dana Canneto’s services. Client/Participant accepts and agrees that she is the one vital element to her success and that Body Divinity cannot control Client and/or Client’s outcome as a result of the services being rendered hereunder in any way.
Participant accepts that, because of the nature of Dana Canneto’s services and the fact that her physician’s will be primarily responsible for her well-being, the results experienced by clients significantly vary. Client’s accepts responsibility for such variance. Dana Canneto and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Dana Canneto shall have no liability whatsoever for any claim relating to any Client’s/participant’s inability to access the services properly or completely or for any claim related to any errors or omissions in the services.
NO TRANSFER OF INTELLECTUAL PROPERTY: Client/Participant agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the materials provided by Dana Canneto’s copyrighted and/or original materials shall be provided to the Client/Participant for his/her individual use only and a single-user license. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Dana Canneto electronically or otherwise without the prior written consent of Dana Canneto. All intellectual property, including Dana Canneto’s copyrighted course materials, shall remain the sole property of Dana Canneto. No license to sell or distribute Canneto’s materials is granted or implied.
To the extent that Client, Client’s voice, Client’s likeness, or Client’s name is featured in any portions of Dana Canneto’s publicly accessible website/programs, Client hereby grants and irrevocable and perpetual license to use the same without any compensation whatsoever to Client. Client acknowledges and agrees that he/she will derive an independent benefit from any such feature and, therefore, will not be compensated at all for the same.
LIMITATION OF LIABILITY: By using Dana Canneto’s services, client/participant releases Dana Canneto from any and all damages that may result from anything and everything related to Dana Canneto’s services. Dana Canneto’s services are only being provided for general training, support and education. By using Dana Canneto’s services, Client releases Dana Canneto from any and all damages that may result from anything and everything related to this Agreement. Client accepts any and all risks, foreseeable or non-foreseeable, arising from this transaction.
Regardless of the previous paragraph, if Dana Canneto is found to be liable to Client/Participant or a third-party in any way, Dana Canneto’s liability to client/participant or to any third party is limited to the total fees Client/Participant paid to Dana Canneto in the 12 months prior to the action giving rise to the liability. All claims against Dana Canneto must be lodged with the entity having jurisdiction within 1-year of the date of the first claim or otherwise be forfeited forever.
Client agrees that Dana Canneto 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 Canneto’s services. Client/Participant agrees that use of this service is at Client’s/Participant’s own risk.
TERMINATION: In the event that client/participant is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Dana Canneto shall be allowed to immediately collect all sums from Client/Participant and terminate providing further services to Client/Participant. Client/Participant shall cease further communications with others enrolled in the program and Dana Canneto’s staff/employees.
INDEMNIFICATION: Client/Participant shall defend, indemnify, and hold harmless Dana Canneto, Canneto’s shareholders, 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 services being offered by Dana Canneto. Participant/client shall defend Dana Canneto in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Dana Canneto recognizes and agrees that all of Dana Canneto’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Dana Canneto.
NON-DISPARAGEMENT. In the event 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 hereinbelow. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Dana Canneto, Dana Canneto’s representatives, or employees, the provisions in this Agreement shall be controlling. This agreement shall govern all services
CHOICE OF LAW/VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the Westchester County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
SURVIVABILITY: The ownership, non-circumvention, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
SEVERABILITY: If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
OTHER TERMS: Upon execution of This Agreement by checking the box provided, the Parties agree that any individual, firm Dana Canneto, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is an Dana Canneto, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
Simply checking the box that you agree to these “Terms and Conditions box shall constitute a legal and binding instrument and that you warrant complete authority to enter into THIS AGREEMENT.