TERMS & CONDITIONS OF PURCHASE
(Individual Sophrology Sessions)

EFFECTIVE DATE: Tuesday, September 8, 2020

INDIVIDUAL 1:1 SOPHROLOGY SESSIONS: (the ‘Program’)

MARIANNE DE KLEER: (‘I’, ‘we’, ‘us’)

These Terms and Conditions of Purchase (these “Terms and Conditions”) constitute a legally binding contract between Marianne de Kleer (“Marianne de Kleer,” “I, ” “we,” or “us”) and you (the “client,” “participant”) regarding your purchase of individual sophrology sessions (the “Program”) described in attached order (the “Order”). The applicable Order shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms of Use”) and privacy policy (“Privacy Policy”). These Terms and Conditions, the applicable Order, the Terms of Use, and the Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions shall prevail over the Order; the Order shall prevail over the Terms of Use; and the Terms of Use shall prevail over the Privacy Policy.

THE NUTSHELL:

You’re about to make a beautiful investment for your wellbeing. But, as with all things, it’s always a good thing to make sure we’re all on the same page.

Please read these T&Cs carefully. The ‘nutshell’ version is first, then the full legal details are underneath that. By purchasing individual sophrology sessions you accept that you understand and adhere to these T&Cs.

You understand that:

• Sophrology is NOT a substitute for any medical or psychotherapeutic treatment. If you are undergoing any treatment, it is imperative that you continue your treatment as prescribed by your practitioner.
• The results you get from this program will depend largely on your participation – the more you put in, the more you’ll get out
• Each full program (or protocol) is personalized to your needs and your objective. Ideally, you will follow through on all the sessions to complete the protocol and gain the full benefits.
• You are fully responsible for your own well-being during all sophrology sessions and throughout the duration of the program, including all your choices and decisions made outside of our appointments.
• As a sophrologist, I am bound to the deontological code set by the Sophrology Union (Chambre Syndicale de la Sophrologie – France), which includes: confidentiality, non-judgement, kindness and respect. Confidentiality may be broken if:
  • I am concerned that the client may harm herself and/or others.
  • I am required by law.
    

SERVICES PROVIDED:

• 1 sophrology session lasting 60-75 minutes, in the context of a full program designed around your needs and objective (between 8 to 12 sessions total)
• Access to PDFs of the exercises chosen for homework after each session
• Audio recordings of select Guided Positive Visualizations

FEES & PAYMENT

The cost for each Individual Sophrology Session is $65 (all prices in USD). Payment is made at the time of booking your appointment.

CANCELLATION NOTICE

A minimum of 24-hours’ notice must be given if a scheduled appointment must be changed, otherwise the appointment will be considered forfeited.

DISCLAIMER

THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. I DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PROGRAM.

WHEN ADDRESSING WELLNESS MATTERS IN ANY OF MY PRODUCTS, WEBSITES, VIDEOS, NEWSLETTERS, PROGRAMS, OR OTHER CONTENT, I’VE TAKEN REASONABLE EFFORT TO ENSURE THAT I ACCURATELY REPRESENT MY PROGRAMS AND THEIR ABILITY TO HELP YOU IMPROVE YOUR LIFE. HOWEVER, MARIANNE DE KLEER DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS USING ANY OF MY PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON MY WEBSITES OR IN MY PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE WELLNESS.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICES IS AT YOUR SOLE RISK. BY PURCHASING AN INDIVIDUAL SOPHROLOGY SESSION, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT MARIANNE DE KLEER OFFERS NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND WELLNESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS.

YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY MY CUSTOMERS OR AUDIENCE REPRESENTED IN MY PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY ME, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN MY PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY MY OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. I OFFER NO PROFESSIONAL, MEDICAL, PSYCHOLOGICAL, OR NUTRITIONAL ADVICE.

ADDITIONAL TERMS & CONDITIONS

A) GOVERNING LAW

You and Marianne de Kleer have entered into this Agreement in France and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Marianne de Kleer, shall be determined in accordance with the laws of France, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

B) WAIVER OF LIABILITY

You, the client, here and forever agree to release, indemnify, discharge and hereby hold harmless Marianne de Kleer and it’s respective agents, representatives, heirs, assigns, contractors, and employees from all claims, demands, damages, losses, rights of action or causes of action, liabilities, and /or expenses, present or future, arising out of, or connected with, your participation in the Program, without limitation, which may occur as a result of following advice tendered and released, or training rendered. You further declare and represent that no promise or inducement has been made to enter into this agreement.

C) BINDING EFFECT

This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. We may assign this Agreement at any time without notice to you. You have no right to assign this Agreement, by operation of law or otherwise. The Products are non-transferable.

D) TERMINATION

Marianne de Kleer is committed to providing all participants with a positive experience. If you fail, or Marianne de Kleer suspects that you have failed to comply with any of the provisions of this Agreement, Marianne de Kleer, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Marianne de Kleer under this Agreement will survive expiration or termination of this Agreement for any reason.

E) CHANGES

Marianne de Kleer reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Marianne de Kleer website or you may be notified by either e-mail or postal mail. If you have any questions, please contact marianne@mariannedekleer.com.

F) INDEMNIFICATION

By purchasing individual sophrology sessions and/or using the exercises, you, to the extent permitted by applicable laws, agree to defend, indemnify, and hold harmless Marianne de Kleer, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns 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 your breach of this Agreement and/or your misuse of Products. You recognize and agree that all of Marianne de Kleer’s owners, officers, directors, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Marianne de Kleer.

G) BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement or the Products (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after the commencement of the arbitration. As set forth in Section 6(J) below, nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

H) CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

I) EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of Marianne de Kleer’s intellectual property rights and confidential and proprietary information by you, Marianne de Kleer will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Marianne de Kleer may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the courts in France for purposes of any such action by Marianne de Kleer.

J) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.

K) COMPLIANCE WITH LAW

The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

L) NO WAIVER

The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.