Terms & Conditions of Service
This service agreement in entered into upon purchase of services offered by Brittany Jane Laidlaw, trading as The Earthbody Movement. Upon purchase any and all services, you (herein referred to as "Client") agrees to the following terms stated herein.
Brittany Jane Laidlaw, trading as The Earthbody Movement (herein referred to as "Company") agrees to provide all services (hereby refered to as "Service") as purchased by the Client. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in all Services.
Client understands that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding the results of any Services. Client agrees that their experience is dependent on various factors including but not limited to, participant readiness, life circumstances, mental, psychical or emotional state, movement experience etc, and in no way solely dependent on any information the Company provides to Client.
Client acknowledges that neither the Company, their affiliates, nor any of their respective representatives warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from Services as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided.
Client also understands Brittany Jane Laidlaw (herein referred to as "Consultant") or The Company, is not a dance therapist, psychologist, psychotherapist, counselor, personal trainer, or medical/healthcare professional and should not be treated as such. Whilst the Services may offer therapeutic benefits, it should not be considered a substitute for therapy or professional counseling. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (2) provide references for professional therapy or medical services; (3) introduce Client to Consultant’s full network of contacts, business partners or service providers. Client joins any Service with the full understanding that they are responsible for their own physical and mental health, and for their own experience.
Client understands that a relationship does not exist between the parties after the conclusion of any Service. If the Parties continue their relationship, a separate agreement will be entered into.
You agree that you are responsible for your own health and well-being throughout the duration of any Service. The Company and/or Consultant will not be held liable for any injuries or medical conditions, illness, loss, property damage, death, or emotional issues that may occur, are sustained or aggravated during or after your participation in the provided Services.
Services are open to participants with any level of dance experience (including beginner) and a medium level of fitness. Clients are invited to participate to the best of their ability, based on the capabilities of their own body and personal boundaries. If you have had any serious physical or emotional illnesses within the last 5 years, or are under and medical or psychiatric supervision, please advise the Consultant at the time of booking.
Where travel is involves in the delivery of a Service, the Company shall not be held liable for any consequences arising from transport delays or cancellation of bookings arranged by the client, or for any irregularities in your documentation required for travel.
The Company is committed to providing all clients with a positive Service experience. By purchasing this product, the Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in all Service without refund or forgiveness of monthly payments if the; (1) Client becomes disruptive or violent to the Company; (2) the Client fails to follow the Service guidelines, is difficult to work with, impairs the participation of the other Service participants; (3) and/or is upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Refund and Cancellation Policy
The Client acknowledges that by committing to this Program, the Client is committing to fulfill the financial obligations for the Client’s participation.
IN PERSON EVENTS: In the event of cancellation by the customer, deposits will be refunded outside 60 days of the event commencement date minus a $100 administration fee. Within 60 days of the retreat commencement date, deposits are non-refundable.
In the event that the Company or Consultant cancels a retreat (if minimum numbers are not met, or unforeseeable circumstances occur) you will receive a full refund. If this occurs, you will be advised via email prior to the scheduled retreat. Please note that in the event of cancellation, the Company and Consultant will not be responsible for any other costs other than the retreat payment.
ONLINE EVENTS/MENTORING: Online Services may be cancelled or rescheduled by the client within 24 hours of the original booking. After this time, the Client must pay a $50 missed booking fee. In the event that the Company or Consultant cancels or reschedules an online service (i.e if minimum numbers are not met, or unforeseeable circumstances occur), The Client will receive a full refund for the Service if the Client us unable to attend the newly scheduled time.
No Transfer of Intellectual Property
Material given to the Client in the course of Service delivery is proprietary, copyrighted and developed solely and specifically by the Company. Original materials that have been provided to the Client are for the Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by the Client to a third party is strictly prohibited.
All intellectual property, including Company’s copyrighted program materials, shall remain the solely and exclusively the property of the Company. No license to sell, reproduce or distribute Company’s materials is granted or implied. Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Company or Participants.
Further, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Clients and the Company may share sensitive details about their personal life, medical history, professional career or relationships. It is a condition of Service delivery that you agree to respect the integrity of the Company's Services and hold any sensitive or personal information disclosed during Service delivery in strict confidentiality.
The Company respects Client’s privacy and insists that Client respects the Company and other Clients. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by other Clients or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Service Participants. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will not reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
All Services have been developed for strictly educational purposes. Client accepts and agrees that the Client is one fully responsible for their experience and outcomes from the Service provided. The Client understands that because of the nature of the Services provided, the outcomes experienced by each Client may significantly vary due to the unique history, health and personal circumstances of each Client.
Accordingly, any benefits or outcomes mentioned in connection with the Service provided by the Company and Consultant are aspirational only and indicative of what may be achieved based on the experience of the Company and Consultant, and that of past clients. The Company makes no representations, warranties or guarantees verbally or in writing. Whilst the Company is committed to delivering the highest quality experience possible, it is a condition of purchase that you agree the Company and Consultant cannot be held responsible for Services that do not meet your expectations or do not achieve the outcomes you desire. Company assumes no responsibility for errors or omissions that may appear in any program or service materials.
Film & Photographic Materials for In-Person Events
Client hereby authorizes the Company to record, photograph, or release (on tape, film, print, website or otherwise), any media throughout Client hereby grants to the Company and to its licensees, all rights of every kind and character whatsoever in perpetuity in and to Client’s appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage, written script, testimonials, print images and photography for in-person Services such as events.
Client hereby authorizes the Company to photograph, record, or release (on tape, film, print, website or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the in-person event; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name and likeness in connection with the in-person event. Client hereby waive all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Client’s Appearance. The Company owns all rights and proceeds resulting from Client’s Appearance. The Company is not obligated to utilize the authorization granted by Client hereunder.
Severability / Waiver
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
BY PURCHASING ANY SERVICES, I HAVE READ AND AGREE TO
THE SERVICE AGREEMENTS ABOVE.