Membership Agreement

FLOURISH Integrative Medicine, LLC

Membership Agreement & Terms of Service

IMPORTANT: READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT & TERMS.

BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:

YOU HAVE READ THIS AGREEMENT,
YOU UNDERSTAND IT, AND
THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.

This Agreement (“Agreement”) is a legal contract between Flourish Integrative Medicine, LLC, located at 2505 SW Spring Garden St Suite 200, Portland, Oregon, 97219 (“FLOURISH”).

Whereas, FLOURISH is engaged in this business of integrative medicine and/or entrepreneurship training and educational course programs for personal growth.

Whereas, YOU desire to engage FLOURISH to provide to YOU integrative medicine and/or entrepreneurship training and/or educational course programs for personal growth in the form of Webinars, Audio and/or Visual Presentations, Online Meetings, periodic Personal Coaching and Evaluation, and Social Media exchanges;

Now, therefore, the Parties agree as follows:

SECTION 1: Program Fees

1.1 Programs:
Integrative Medicine and Entrepreneurship Training Program:
Under the terms of the Agreement, FLOURISH agrees to provide integrative medicine and entrepreneurship training and/or educational course programs for personal growth to YOU in the form of Webinars, Audio and/or Visual Presentations, Online Meetings, periodic Personal Coaching and Evaluation, and Social Media/Email exchanges (“Program(s)”) in exchange for a Program Fee. Program Fees will be listed on the Teachable website. Your access to such Services is made conditional on payment of such Program Fee.
Or,
Mindset Foundations and The Sacred Terrain Sisterhood:
Under the terms of the Agreement, FLOURISH agrees to provide educational course programs for personal growth to YOU in the form of Webinars, Audio and/or Visual Presentations, Online Meetings, periodic Personal Coaching and Evaluation, and Social Media/Email exchanges (“Program(s)”) in exchange for a Program Fee. Program Fees will be listed on the Teachable website. Your access to such Services is made conditional on payment of such Program Fee.

1.1.2 Term: The term of this Agreement will commence upon YOUR acceptance of the Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled FLOURISH program(s). The specific course term is specified on this Teachable sales page. The term for any membership program is a minimum of three months.

1.1.3 Termination: FLOURISH may terminate this Agreement at any time at her discretion upon notice to YOU. Paragraph 3.1 below shall survive termination of the Agreement, binding YOU in confidentiality in perpetuity.

1.2 Program Fees: By accepting the terms of the Agreement, YOU agree and understand that you are committing to pay in full all program fees as listed on the Teachable website.

1.3 Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by FLOURISH, YOU affirmatively agree and acknowledge that Flourish Integrative Medicine, LLC, may at any time reproduce and disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful

1.4 No Refunds: FLOURISH abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by FLOURISH. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success.

SECTION 2: No Warranties

2.1 Success not Guaranteed: By accepting the terms of the Agreement, YOU agree and understand that FLOURISH provides Program(s) related to business consulting and coaching and/or personal development only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone’s success is different and dependent on factors, such as your own drive, dedication, and motivation. Any examples or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience income loss by using the Program(s). In other words: FLOURISH does not guarantee results, you are responsible for your own success, and there is inherent risk you may lose money, as with any business venture.

2.2. Limited Liability: In no event will FLOURISH be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if FLOURISH has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent of enforceable under applicable law.

2.3 Commitment to the Services: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend ALL scheduled Q&A and coaching sessions, when included as part of the Program(s). You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully making that effort. FLOURISH agrees to provide you with education, support, and coaching to the very best of their ability.

SECTION 3: Confidentiality

3.1 Confidentiality: Only authorized users, who have duly attained access to any Program(s) offered by FLOURISH by personally agreeing to the terms of this Agreement are permitted to use and participate with such Program(s). Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third part, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.

3.2 Confidentiality of other Participants: By accepting the terms of this agreement and participating in FLOURISH programs, YOU are agreeing to complete confidentiality for all participants in all programs. YOU will not share any personal information, trade secrets, or practice processes of any participant in the FLOURISH programs.

3.3 Plagiarism: By agreeing to the terms of the Agreement and by participating in the FLOURISH programs, YOU agree you will not engage in plagiarism of the content, ideas, brand assets, or any other private property of any participant in the FLOURISH programs.

3.4 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Education System are the sole Intellectual Property of FLOURISH under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and FLOURISH, FLOURISH and their third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the Education System, included associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, the Agreement does not grant you ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of FLOURISH, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that FLOURISH uses in connection with services rendered by FLOURISH are marks owned by FLOURISH. This agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

SECTION 4: Not Medical Advice

4.1 Educational Materials: By accepting the terms of the Agreement, YOU commit to fully understanding that the advice given in these courses is for educational information only and is not meant to replace the care and advice of YOUR private medical provider. Any changes YOU make to YOUR own health or regimen should be done under the care of your provider. YOU will, at your own expense, defend, indemnify, and hold FLOURISH harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, expenses, including attorney fees, arising out of or in connection with any use of the Services of this Agreement.

4.2 Treatment Strategies: By accepting the terms of the Agreement, YOU understand that any treatment strategies are meant for educational information. If YOU choose to follow said treatment strategies for YOURSELF or YOUR clients, YOU understand that you are using them at YOUR own risk and YOU, at your own expense, defend, indemnify, and hold FLOURISH harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, expenses, including attorney fees, arising out of or in connection with any use of the Services of this Agreement.

SECTION 5: Miscellaneous

5.1 Non transferability: The rights and obligations under his agreement are personal to YOU. YOU many not assign or transfer any rights or obligations under this Agreement.

5.2 Indemnification: YOU will, at your own expense, defend, indemnify, and hold FLOURISH harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, expenses, including attorney fees, arising out of or in connection with any use of the Services of this Agreement.

5.3 Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and JEN OWEN concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with JEN OWEN previously, whether written or oral.

5.4 Amendment: JEN OWEN reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.theflourishcenter.co.

5.5 Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Oregon. The venue for any dispute shall be in the County of Multnomah.

5.6 Attorney’s Fees and Legal Expenses: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made part of any award or judgment rendered.