Busara Wellbeing Corp., a corporation created pursuant
to the laws of Alberta (hereinafter, “Coach”)
For good and valuable consideration, the parties agree as follows:
- Start date:: As outlined in the course and services sign-up. End date: As outlined in the course and services sign-up (the “Term”).
- During the Term, Coach will provide one-on-one and/or small group coaching to You in conjunction with various aspects of wellness and provide You with access to a system or program as further described below and in the attached Schedule “A” (the “Services”).
- You understand and agree that You are responsible for ensuring Your attendance and participation in the Services. If You need to reschedule an appointment, You will provide at least 24 hours of notice to Coach. Failure to provide such notice will result in Your forfeit of the appointment without any reimbursement or reduction in Fees. Coach may reschedule any appointment, by giving You at least 24 hours of notice, barring an emergency or serious illness.
- Unless otherwise set out in Schedule “A”, Coach will perform the Services for the fee as outlined in the course sign-up plus applicable taxes (the “Fee”). The Fee is payable prior to the Services.
- If You do not pay the Fee or any portion thereof when due, Coach reserves the right to suspend or terminate Services immediately until all arrears are paid in full.
- Coach may terminate this Agreement at any time upon written notice to You if Coach believes, in its sole discretion, that:
- You have acted inconsistently with this Agreement, whether literally or in spirit, or
- Coach may, without cause or reason, terminate this Agreement at any time upon the date provided by notice to You. Upon the effective date of such termination of this Agreement Coach will return to You any un-used portion of the Fee (which amount shall be determined by Coach in its sole discretion) for Services not provided as of the date of such termination.
- Subject to s. 6(b), upon Coach’s suspension of Services or the termination of this Agreement, all outstanding Fees shall remain owing and Your obligation to pay shall survive this Agreement.
Ownership & Control
- You acknowledge that any and all information, content, materials, literature, handouts, workbooks, manuals, software programs, data, ideas, concepts, exercises, forms, examples, illustrations, data sets, worksheets, compilations, research, intellectual property, systems, programs, processes, or things provided by, relating to, prepared by, or used by Coach whether or not as part or the result of the Services or the performance of this Agreement (the “Content”) are, and shall remain, the sole property of Coach. You shall not make any unauthorized use of the Content and shall return all copies of the Content to Coach within ten (10) days of the request of Coach. The obligations contained in this Article shall survive this Agreement.
- During and after the Term, and any renewal or extension thereof, You shall treat as confidential and shall maintain in confidence the Content and any information related to Coach and/or the Services. You shall not disclose any Content at any time without the prior approval of Coach to any person or entity except persons and entities authorized in writing by Coach to receive such information or as required by law. You may only copy any or all of such Content as is permitted by Coach or this Agreement. Upon termination or expiration of this Agreement You are granted a non-exclusive, perpetual, royalty-free, Licence to such Content for your personal use which shall be revocable at the sole discretion of Coach upon notice to You. Nothing in this Agreement shall grant to You any property, right, or interest (other than the Licence mentioned above) in any Content. You acknowledge that disclosure of any Content or breach of the provisions of this Article by You will give rise to irreparable injury to Coach or the owner of such information, which is inadequately compensable in damages. Accordingly, Coach, the affected party, or such other party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.
- Coach will keep confidential Your personal information (that is, information which can identify You such as name, e-mail address, gender, or date of birth) and the information You share with Coach, except only as follows:
- as may be required to perform the Services;
- as may be required by law;
- in the event Coach has reason to fear for Your or another’s safety; and
- for any other purpose, provided You give prior written approval for Coach to do so.
- The parties further acknowledge and agree that the covenants contained in Articles 9 And 10 are necessary for the protection of the other party’s legitimate interests and are reasonable in scope and content. The obligations contained in these Articles 9, 10, and 11 shall survive this Agreement.
- The parties agree that the relationship created hereby is that of independent contractor, and this Agreement will not be construed to create a partnership, joint venture, agency or employment relationship between them. Neither party will have the right or authority to create any obligation or responsibility on the other’s behalf or to obligate or bind the other in any respect.
Standard of Care
- The Services will be performed according to the Coach’s knowledge and experience in accordance with commonly accepted standards of practice for coaching and mentoring services. No other warranty, expressed or implied, is made or intended by Coach. Coach does not provide, and is not trained in or licensed to provide, any medical services or to recognize or diagnose psychological or medical conditions. Coach is not and will not be responsible for Your pre-existing psychological or medical conditions or those that may arise during or after the Term whether or not related in any way to the Services. However, Coach may suggest that You contact the appropriate health care providers and reserves the right to discontinue Services, if Coach in its sole discretion determines this is in Your best interest.
Limitation & Disclaimer of Liability
- The Content and any Services are intended only as a guide for informational and educational purposes only and are not, nor intended to be, medical advice or treatment. The Content or Services may contain general information which may be edited, limited, redacted, or altered for educational purposes and may not reflect current developments or information and is not guaranteed to be correct, complete, or current. You should not act on the basis of any information included in the Content or Services without seeking appropriate medical, legal or professional advice on the particular facts and circumstances at issue from a relevant professional licensed in your province or area of that matter. Coach expressly disclaims all liability with respect to actions taken or not taken by You based on any or all of the Content or the Services, or otherwise. Neither the Coach nor the Services endorse or promote any specific treatment, medicine, or product over any other and it is strongly recommended that You seek professional advice from a licensed professional prior to undertaking in any such matter in order to complete Your own due diligence prior to acting.
- It is expressly understood that the Content, the Services, and/or this Agreement may be based on information and assumptions supplied to Coach by You or others, or are derived by Coach, and are not intended, nor can they be construed as, representations or warranties and Coach shall not be howsoever liable or at risk whatsoever in the event any loss, injury (including death) or damage is incurred as a result of the application of any Content or Services, whether directly or indirectly used and howsoever arising. Coach, its directors, officers, shareholders, contractors, and employees, or its subsidiaries’ directors, officers, shareholders, contractors, or employees (all of whom are “Coach” for the purpose of this Article) does not assume responsibility for any result, consequence, damage, or liability whatsoever and howsoever arising.
- The Content and the Services are for Your sole and personal use and benefit and may not be transferred, sold, or assigned without the prior consent of Coach, in its sole discretion. Any use of, or reliance on the Content or the Services, by any party other than You is strictly prohibited. Any use that any third party makes of the Content or the Services shall be at the sole risk of that third party and in no event will Coach be liable to any third party. By using the Content or the Services, the reader hereby finally and irrevocably releases and saves harmless Coach with respect to any claims, actions, causes of actions, damages, expenses, costs (including on a solicitor-client basis), and liability howsoever arising from such use and such indemnity shall survive this Agreement.
- The entire liability of Coach, its directors, officers, employees, and agents, if any such liability, and Your exclusive remedy with respect to any claim, costs, damages, expenses, or injuries under or in any way related to Coach, the Content, the Services or this Agreement shall be limited to the recovery of Your actual and direct damages as proven in and assessed by a Court in a maximum amount equal to the Fees payable hereunder. The obligations contained in this Article shall survive this Agreement.
Your Representations To Coach
- You represent that You:
- are motivated and committed to taking action on Your goals as expressed to Coach;
- will use a reasonable effort and due diligence in reviewing and participating in the Services;
- agree to honour Your scheduled appointments in conjunction with the Services;
- agree to abide by Coach’s policies, procedures, and guidelines, as may be made available, provided, or expressed to You from time to time; and
- understand and agree that it is Your choice to implement or not to implement any content, recommendations, suggestions, advice, or plans from the Content, the Coach and/or the Services, and that any consequences to You, including without limitation any loss, damage or injury to You or to any third party, howsoever related to the Content or Services, or to Your interpretation of the Content or Services, shall be Your sole responsibility and risk.
Release & Indemnity
- You waive any and all claims it may have against Coach and You agree to indemnify and save harmless Coach from any claims or demands which might be made against Coach arising out of or in consequence of the Services. The obligations contained in this Article shall survive this Agreement. Notwithstanding anything herein You and any employee, director, officer, contractor, agent, assignee or other person (or their parent/guardian) who receives Services shall first sign and return to the Coach prior to the Services a Participant Waiver in form and content as set out in Schedule “B” attached to this Agreement. You agree to indemnify and save harmless Coach, its employees, contractors, agents and assigns (in this Article the foregoing is collectively referred to as Coach), from any claim, expense, or action, howsoever arising from the Content, Services or this Agreement, including without limitation, any injury, death, and damage to or destruction of property.
- This Agreement contains the parties’ entire agreement and supersedes any prior written or oral agreements between them. This Agreement may not be modified or amended except by an instrument in writing signed by both parties. The clauses in the Agreement are distinct and severable and if any clause is held to be illegal, void, or unenforceable in any way, it shall not affect the legality or validity of the remaining clauses of this Agreement. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors, and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. The parties are attorn to the jurisdiction of the Courts of Alberta and agree to such forum. Time is of the essence.
PLEASE READ THIS AGREEMENT CAREFULLY before clicking on or otherwise choosing the “I AGREE” button at the end of this Agreement. By clicking on or otherwise choosing the “I AGREE” button at the end of this Agreement, then you are agreeing, or are deemed to agree, to be bound by all the terms and conditions, without modification, of this Agreement in the same manner as if it had been duly executed in a paper or hard copy form by an individual or an officer of a corporation who is duly authorized to bind the corporation.
Please click here to indicate that you understand and agree to the terms and conditions of this Agreement.
The following are the Services referred to in the Coaching Services Agreement dated to each sign-in to the course portal, between Busara Wellbeing Corp. (“Coach”) and “You/Your”:
Coach will provide tools and techniques for You to apply to develop, progress, monitor, adjust, and review goals that you set from using the Content relating to wellness which will consist of but not limited to:
- Provide or perform questionnaires, assessments, research, information, or consultations regarding wellness which may include lifestyle programs or activities relating to nutrition, exercise, sleeping patterns, health conditions, food plans, weight management, and the following services: breathwork, movement exercises, and practices, mindfulness, intermittent cold exposure, fascial work, self-massage, heart rate variability,
- One-time or repeating Consultations, which may be online and/or by video conference, on the following topics: decisions and individual choice around health, wellness, wellbeing, self-care, allostatic load and hormesis, interoceptive awareness, knowledge, functional aging, stress management, informed choices, and social connection. All services and information are complementary to and not intended to replace or substitute medical services.
- Content as outlined in the course sign-up page outlining each course: cost, date, timeframe, outline, information, topic, instructor, materials needed, feedback, questionnaires, and assignments.
Equipment, Supplies, & Materials
The following equipment supplies, materials, or other items are to be provided by You for the Services and You hereby acknowledge that Coach has not inspected and takes no responsibility for the use of such items including without limitation for the error, or omissions, accuracy, malfunction, breakage, defects (patent or latent), improper maintenance, use or supervision during use of such items and any liability howsoever arising:
- fitness equipment, technology, biofeedback devices, and any equipment discussed and used in services provided.
PARTICIPANT RISK ACKNOWLEDGEMENT, RELEASE,
WAIVER OF CLAIM, AND ASSUMPTION OF RISK
Read this document thoroughly before you sign.
It must be signed and dated in order for you to participate
To: Busara Wellbeing Corp. (“Coach”)
In consideration of my (my child's) participation in a program conducted by Coach, its employees, volunteers, agents, or contractors (collectively “Coach” for the purposes of this Agreement) which may include questionnaires, assessments, research, information or consultations regarding wellness, lifestyle, nutrition, exercise, sleeping patterns, health conditions, food plans, weight management, and related programs or activities (the “Program”), on behalf of myself (my child), my (my child’s) heirs, executors, successors, and whoever may have or acquire any interest in any claim arising from my (my child’s) participation in the Program, I (my child) agree(s) and acknowledge(s) that:
- I (my child) understand that Coach is relying on this my declaration that I (my child) am physically and mentally sound and not suffering from any condition, disease, or illness that would prevent my (my child’s) participation in the Program and that I (my child) have either obtained my (my child’s) physician’s approval to participate in the Program or I have chosen not to obtain a physician’s approval prior to commencing the Program and do so at my (my child’s) own voluntary assumption of risk.
- I (my child) understand that Coach is not a physician and will not provide medical advice, diagnose illness, nor prescribe treatment and Coach will not assist with medical tests (or the preparation of) and will not administer medicine, drugs, injections or treatments of any kind.
- Coach is not licensed to practice medicine and will not provide such services, rather any services of Coach are limited to providing information, not advice, to allow me (my child) to increase my (my child’s) knowledge about health and wellness related topics, to develop an overall health and wellness plan for myself(my child) to help achieve my (my child’s) personal goals, and to better seek medical diagnose or treatment from a licensed medical physician should I (my child) desire.
- I (my child) freely and voluntarily acknowledge and assume any and all risks and hazards inherent in the Program, and accordingly my (my child’s) participation in the Program is entirely at my (my child’s) own risk. I (my child) waive any and all claims I (my child) may have and that may arise against Coach from my (my child’s) participation in the Program and agree to indemnify and save harmless Coach from any claims or demands which might be made against Coach arising out of or in consequence of my participation in the Program.
- I (my child) have CAREFULLY READ this Risk Acknowledgement, Release, Waiver of Claim, and Assumption of Risk and fully understand it and I (my child) am/are freely signing it.
- This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. The parties attorn to the jurisdiction of the Courts of Alberta and agree to such forum.
By clicking agree, you agree to all the Terms and Conditions as outlined in this document, on each and every date You/Your sign into the Login page on the Busara website.