RELEASE

You acknowledge and take full responsibility for your life and well-being, and all decisions made during and after the Program.  In furtherance and not in limitation of the foregoing, you hereby and forever waive, release and discharge me, my heirs, executors, administrators, assigns, officers, agents, employees, representatives, executors, and all others acting on their behalf (the “Released Parties”) from any and all claims or liabilities for injuries or damages to your person and/or property, including those caused by negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with your participation in the Program or in connection with services provided by me or the Released Parties.

LEGAL ITEMS

This Agreement may not be modified. The waiver by either party of a breach, right, or obligation shall not constitute a waiver of any other or subsequent breach, right, or obligation.  If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect.  This Agreement sets forth the entire agreement between the parties and supersedes all prior proposals, agreements, and representations between the parties, whether written or oral, regarding the subject matter herein.  Neither party may assign this Agreement without the prior written consent of the other party. This Agreement shall be binding upon and shall benefit the parties and their respective successors and permitted assigns.   Except as provided to the contrary herein, those provisions of the Agreement that by their nature and context are intended to survive the termination of this Agreement shall survive any termination of this Agreement.  This Agreement shall be construed and interpreted in accordance with the laws of the state in which the Healing Mentor resides (New York) without reference to its conflict of law provisions, and with the same force and effect as if fully executed and performed therein.  Each Party hereby consents to the exclusive personal jurisdiction of the State and Federal Courts where the Healing Mentor resides (New York) and acknowledges that the venue is proper only in such courts. 

NON-DISCLOSURE OF COMPANY MATERIALS.

Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted, and developed specifically for Company. The client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.

The company’s program is copyrighted and the original materials that have been provided to the Client are for the Client’s individual use only and are granted as a single-user license. The client is not authorized to use any of the Company’s intellectual property for the Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

Further, by agreeing to these conditions, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

NON-DISPARAGEMENT.

Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents.  Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

INDEMNIFICATION.

Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.

DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association.  The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Rochester, NY.  The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period.  The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the state of New York, regardless of the conflict of laws principles thereof.

ENTIRE AGREEMENT; AMENDMENT; HEADINGS.

This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.  No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.  The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

ACCEPTANCE.

This Agreement is deemed signed and accepted by Client upon purchase of the bundle.

SEVERABILITY.

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

WAIVER.

The waiver or failure of the Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

CHANGES TO THIS AGREEMENT.

The company may revise these terms and will always post any updated or more recent versions on the Company website. By continuing to use or access the Program after any revisions come into effect, the Client agrees to be bound by the revisions.

CLIENT RESPONSIBILITY; NO GUARANTEES.

The client accepts and agrees that the Client is 100% responsible for the progress and results of the Program. The company will help and guide the Client; however, participation is the one vital element to the Program’s success that relies solely on the Client. The company makes no representations, warranties, or guarantees verbally or in writing regarding the Client’s performance. The client understands that because of the nature of the program and the extent, the results experienced by each client may significantly vary. By purchasing, the Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach its goals as a result of participation in the Program, and Company’s comments about the outcome are expressions of opinion only.  The company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.

By purchasing this program, you are acknowledging acceptance of this Agreement. By doing so, you acknowledge that: (1) you have read this agreement; (2) you have had an opportunity to discuss the contents with me and, if you desire, to have it reviewed by your attorney; and (3) you understand, accept and agree to abide by the terms hereof. By moving forward, you agree to release and hold harmless Irene McKenna, Irene McKenna Coaching, LLC, and Frequency Recoded, from any claim, action, loss, liability, or damages that may arise from your participation in this work.