Client Agreement
for Programs

Welcome! I am looking forward to working with you! Please read this information carefully and sign at the bottom.

This Agreement is being made between Body Temple Yoga, LLC and (“Participant” or “you”). We both legally agree to the following:

1. Program Description.

Your are enrolling in The VIP DAY with Daniella. (“Program”). As part of this VIP DAY you will receive:

• One hour onboarding call to discuss and map out your specific goals for your VIP DAY.
• Your VIP DAY = One day (5 hours) with Daniella to maximize all the goals that were discussed and agreed upon from your onboarding call with Daniella.
  
• Follow up call for one hour to go over results and next steps.

2. Expectations and Responsibilities.

During the VIP DAY, you can expect that I will:

• Come prepared.
• Devote my full attention during our time together.
• Serve as your mentor, teacher and supporter.
• Stretch you outside of your comfort zone, at times if needed.
• Offer support, encouragement, feedback and guidance.
• Build and create a supportive environment with minimal disturbances pertaining to the elements I can control.

I expect that you as a participant will:

• Show up on time without distractions.
• Participate with care, kindness, and respect to yourself and me.
• Come fully prepared to give your best efforts to the VIP DAY.
• Complete all action steps to maximize your results.
• Promptly provide payment for the Program.
• Be open to new ideas and willing to stretch and grow.
• Ask any questions you may have as they arise.

3. Scheduling and Communication.

Contacting Me: Should you need to reach me personally, please contact me via email at daniella@daniellac.com or through our private Facebook group. I will do my best to respond to you within 24 hours on weekdays. On weekends and holidays, I will do my best to reply to you by the next business day. Any e-mails, calls or texts related to your Program are for quick questions and you will receive brief responses. If you want to discuss Program content or your own situation at length, I may request that you raise your questions or concerns as part of the group weekends or in the Facebook group.

Any admin related inquiries, please contact our office at support@daniellac.com

Group Zoom Calls & Trainings: Please plan to come to the group calls and trainings on time.

Call Recordings. All Program calls will be recorded. Recorded group calls will be available to the group participants following the call. You will be notified when the recordings are ready. By participating in the Program and speaking at any time during any call, you are consenting to the recording of your voice, image and/or name and likeness.

4. Investment and Payment.

Investment:  You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way.

• If paying in full, your investment is $5000 and must be made upon enrollment in the program.

• If paying the payment plan in installments, the down payment of $3500 must be made upon enrollment in the VIP DAY, and the remaining amount of $3500 will be due by the end of the VIP DAY for total of $7,000.

Payment Authorization and Receipt:  If paying by credit card or debit card, you give us permission to automatically charge your credit card or debit card as payment for your Program without any additional authorization, and you will receive an electronic receipt.  If I choose to provide you with an invoice instead, you are required to manually pay it by the date due on the invoice or your Program will be put on hold until payment is made. Please note that chargebacks are not permitted and you are agreeing that upon enrollment and by participating in this Program for any length of time, you will make payment in full and all payments are non-refundable.

Missed Payment:  If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3 day grace period to make the payment following the due date, otherwise your Program payment will incur a late fee of 10% of your monthly payment . If no payment is made within the 3 day grace period, your access to the Program will be on hold until payment is made. If no payment is made, the program will automatically terminate and you will no longer be granted access.

Refund Policy: It is my commitment for you to be happy with your Program. However, because I have invested considerable time and effort in your Program, if you decide to withdraw at any time for any reason, you are still fully responsible for making all Program payments, and no refunds will be provided.

5. Confidentiality.

Confidentiality Related to Group Calls. Confidentiality is important to me. At the same time because this is a group setting, you are aware that when you participate in a group call or interact with any group members by any means during the Program, including in the group forum, Facebook group, VIP Training Retreats or other public settings, you are voluntarily sharing and disclosing information which may be seen, heard, collected and used by others, and therefore, I cannot be responsible for any unauthorized use of any or all of the information that you share with other group participants, whether during the calls, online, in private conversations, or in any other manner.

Confidentiality Related to Extra Private One-on-One Calls. These private calls are not included in the program. They are optional and there for you if you need them at any time, whether for make ups for missed content or you want extra support. You will need to book and submit extra payment for these calls. I will keep all information that you share with me during one-on-one calls confidential. I will not disclose any information that you share with me during the one-on-one calls to anyone else unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) when required by law, (3) when the safety, health, privacy rights, intellectual ownership rights, and/or any other rights of any participants may be threatened or have been violated, or (4) you have specifically given me prior written permission.

6. Intellectual Property Rights.

Your Work Product. I acknowledge that you hold all intellectual property rights in any of your work product resulting from participation in the Program, including but not limited to copyright and trademark rights as business ideas or content. I agree not to claim any such ownership in your work product or intellectual property at any time.

My Intellectual Property Rights. I retain all ownership and intellectual property rights to the Program content, media (including photos and videos) and all materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content, media (including photos and videos) and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.

7. Personal Responsibility, Disclaimer & Release of Claims.

Personal Responsibility & Assumption of Risk:  You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Program and you knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program content or materials. You agree to: (1) be mindful of your own well-being during the course of this Program, (2) act with respect and care without causing harm to any other group members (including but not limited to their work product and/or other intellectual property rights or other rights), and (3) recognize that you are solely responsible for your results.

Disclaimer:  I have used care in preparing the information provided to you, but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that I am not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. Do not start or stop taking any medications because of anything you have read or received through this Program. Any recommendation of any specific programs, products or actions are simply offered for educational purposes, and you need to check with your own medical professional before using any of these programs, products or taking any actions that may affect your body or your health in any way.

Limitation of Liability, Indemnification, and Release of Claims: I will not be held responsible in any way for the information that you request or receive through this Program, including my services, products, and Program materials and any other information you have received from or through me related to this Program to the fullest extent permitted by law. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permitted by applicable law. You agree to hold me free of all liability and responsibility for any actions or results for adverse situations created as a direct or indirect result of specific information or recommendations that you receive through this Program.

8. Media Release

I authorize Body Temple Yoga LLC (“Company”) to use the following personal information with my name, likeness and/or identity, including, but not limited to, the following items for which I have given permission to use (collectively “Images, Audio and Remarks”):

1. My image – including pictures, photos, headshots, portraits, digital images, and video images of me, whether from the front, side or back.
2. My voice – including sound, audio and video recordings.
3. My written remarks – including interviews, quotes, and written testimonials.

Use in Marketing and Communications. I give Company the full right to use, edit, alter, exhibit, publish, reproduce and distribute my Images, Audio and Remarks in any and all media, marketing, advertising, promotional and/or business communications (“Marketing and Communications”). Marketing and Communications include but is not limited to, e-newsletters, blog posts, social media, books, e-books, seminars, webinars, trainings, conferences, case studies, website content, membership sites, promotional and sales pages, paid programs, products and services, opt-in gifts, cable and broadcast television, brochures, and other electronic and print media.  I understand that this permission extends to all languages, media, formats and markets now known or later devised in the future, and that this permission shall continue forever.

Created by Company. I understand and agree that any Image, Audio or Remark containing my name, image, likeness, voice, and/or written remarks created, videotaped, audiotaped, written or originated in any way by Company or his/her agent or through my interaction, participation or involvement with the Company will become the Company’s sole property that I grant the Company an irrevocable, perpetual and royalty-free license to use. 

Not Created by Company. For any Image, Audio or Remark that I solely create outside of my interaction, participation or involvement with the Company that I voluntarily share with the Company, I grant the Company an irrevocable, perpetual and royalty-free license to use such Image, Audio and/or Remark but I retain my ownership rights to the original work and may use the original work in other settings. I understand that the Image, Audio and/or Remark that I provide to the Company may or may not be returned to me, based on the Company’s discretion. Should I reference, use, quote, or share an Image, Audio or Remark that was created by me specifically for the Company, I agree to give credit and attribution to Company as well as to myself.

Waiver and Release. I give Company the full right to edit, give, sell, transfer, and exhibit the Images, Audio and Remarks, or any reproductions, however the Company sees fit. I waive the right to inspect or approve any edited, unfinished, or finished product, and I hereby hold harmless, release and forever discharge the Company from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf have, may have, or could now or in the future by reason of this authorization, including any reasonable expectations of privacy or confidentiality with respect to the Images, Audio and Remarks.

No Compensation or Royalties. I acknowledge that my participation with the Company is voluntary, and therefore, I will receive no financial compensation for my Image, Audio or Remark, whether originated by the Company or by me. I forever waive the right to receive any payment, including royalties, for use of any of the Images, Audio and Remarks, or parts of them. 

Affiliates. Should I be an affiliate of the Company choosing to promote or market the Company’s programs, products and/or services, I understand that any affiliate commissions or compensation for my involvement with the Company are separate and unrelated to my Image, Audio or Remark, and such compensation is not being provided in any way for the use of my Image, Audio or Remark and will be addressed through separate affiliate terms and conditions. 

9. Overnight VIP Retreats

Description: 

The Heart Wisdom Leader VIP Training Retreats (“Retreat”) will include a variety of activities to support the work we will be doing together, possibly including but not limited to yoga, business retreat facilitation, dance, beach walks, ocean swims, meditation practices, asana demonstrations and special outings.

The Heart Wisdom Leader VIP Training Retreats (“Program Activities”) lunches will be provided. You are responsible for your own personal snacks, breakfast and dinners. 

Prior to the Retreat, you will receive a How To Prepare and What To Bring email.

You will be enrolled in the Retreats upon the receipt of: (1) this signed Agreement and (2) payment in full or the receipt of your down payment.

Scheduling, Travel and Hotel Accommodations.

You are responsible for booking your own travel (including air and/or ground transportation) and your room reservation at a hotel or Airbnb of your choosing. You are also responsible for following all Airbnb and Retreat policies.

10. Other Important Terms.

Termination: If either of us want to terminate the Agreement at any time, we both agree to notify the other at least 3 days in advance by e-mail. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.

Notice:  All correspondence or notice required regarding the Program shall be made to each of us at the respective e-mail addresses in the signature block below. Should your e-mail address, billing or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change.

Force Majeure:  In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for me to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, I will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.

Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time so long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement. If any section of this Agreement is found to be unenforceable, all other sections shall be held in full force and effect.

Governing Law:  This Agreement shall be construed according to the laws of the County of San Diego and in the State of California in the United States.

Dispute Resolution:  Should we ever have any differences, it is hoped that we could work them out amiably through e-mail correspondence. However, if we are unable to seek resolution in 14 days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the County of San Diego in the State of California where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

Non-Disparagement: You agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media at any time. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.

By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you agree with all of the terms of this Agreement.

Teacher and Program Leader 

daniella@daniellac.com

Daniella Cotreau