Terms and Agreement

LiYana Silver

Webb Cove Road

Asheville, NC 28804

The following agreement is entered into today (the “Enrollment Date”) between you (“You/Your” or the “Client”) and LiYana Silver (“Coach,” “Us” or “Consultant”) located at the above address (the “Agreement”).

 

1. LiYana Silver Will Provide Services.

For the consideration set forth in this Agreement and Your compliance with the obligations and representations contained in this Agreement, Consultant shall make available to You sessions and/or classes (the “Program”) and any attendant materials related to the Program (the “Materials”).

2. You Agree to Attend the Scheduled Sessions.

The Term of this Agreement will be the duration of the Program, which begins today. The Term is subject to any agreed-upon changes, which must be documented in writing and agreed to by Consultant, preferably one month prior to proposed stop date.

3. You Agree to LiYana Silver’s Scheduling Policies.

Your individual, 1-on-1 sessions will begin and end at the appointed time, even if You were late in starting the session. If You need to cancel or reschedule a session, it must be done 48 hours in advance. Sessions cancelled with fewer than 48 hours notice will be skipped with no refund payable to You; the Program schedule will resume with the next scheduled session.

If any individual session is rescheduled, delayed, or interrupted because of the

Consultant, the time will be made up in a complimentary session.

 

4. You Agree to Pay for the Program. 
The Fee shall be billed via credit card every 30 days, beginning today. At any point Client is feeling complete, wants to take a break, or is no longer feeling like she/he is getting value from the work, Client will notify with preferably one month’s advanced notice, and sessions as well as billing will cease.

In the event of absence or withdrawal from the Program, for any reason whatsoever, the Client will remain fully responsible for the unpaid balance of the Fee and/or monthly installments. Under no circumstance will Consultant refund any Fee payments made by the Client for the Coaching Program. You, the Client, understand that by claiming Your spot in the Program, You have thus made it unavailable for another participant and impossible for Consultant to replace You or recoup Fees You committed to paying. 

By signing this Agreement, Client agrees to be legally obligated to pay the full amount of the Fee and/or all monthly installments.

5. You and Consultant Agree to Keep Information Confidential. 
During the course of the Coaching, You may receive, or disclose, information of a private or confidential nature, including but not limited to personal stories of growth and recovery (“Private Information”). You agree that neither You nor LiYana Silver shall share Private Information with any third party without an agreement signed by both parties. All such information will be kept confidential including the existence, terms,

and amount of this Agreement. 

All such information and materials, whether prepared by You or not, will remain Consultant’s sole and exclusive property. You agree not to give any interviews, write or assist in writing any books or articles about the Program or Consultant or make any disparaging statements about Consultant, or its principals. You agree that if You breach Your obligations under this paragraph, Consultant will be entitled, in addition to any other remedies it might have, to an injunction preventing the publication of any materials described in this paragraph.

6. You Assume the Risks of the Program.

(a) You understand and agree that LiYana Silver is not a Licensed Marriage and Family Therapist or other licensed professional and Consultant’s sessions or programs are not meant to replace the care and advice of licensed therapists, doctors, or other licensed professionals; (b) You understand and agree that there is a risk of personal injury or illness involved in Your participation in the Program (“Risks”); (c) You are responsible for Your own health and physical well-being. You take full responsibility for Your own health and the health of Your own family and children and all of the decisions You make during and following enrollment in the Program.

7. You Release Us From All Liability. 
You acknowledge and agree that any and all Risks, including but not limited to personal injury, death, property damage or other loss suffered by You is solely Your responsibility. You accept and expressly assume all risk of such injury, death, damage, or loss and release and discharge LiYana Silver, Aditi Ventures, Inc. and its officers, owners, employees, and servants from all claims, demands, losses, causes of action, suits, or judgments of any and every kind that You or Your heirs, executors, administrators or assignees may have arising out of, or in connection with Your participation in the Program.

8. LiYana Silver Disclaims Medical Responsibility.

The information and methods revealed by Consultant in connection with the Program are based on training, personal experience, and research of those affiliated with Consultant. Consultant does not dispense medical advice or prescribe the use or the discontinuance of any medication as a form of treatment, either directly or indirectly. The Program is not intended as a replacement for sound advice from a licensed therapist.

Application of the information and recommendations described in the Program are undertaken at Your own risk. The adoption of the information should be in strict compliance with the instructions given by Your physician and other medical and health professionals. The recommendations, procedures, techniques, methods, concepts and other information of and from the Consultant are provided without guarantee on the part of the Consultant. The Consultant hereby disclaims all liability in connection with Your use of the Program.

9. The Materials Are Owned By LiYana Silver.

You acknowledge and agree that all of the Materials to which You are exposed in connection with the Program, whether exposed to such Materials orally or in writing, directly or indirectly, are proprietary to, and the sole and exclusive property of LiYana Silver and Aditi Ventures, Inc. You acknowledge and agree that the Materials constitute commercially valuable and confidential property of LiYana Silver, the design and development of which required extensive investment, substantial effort, time, and money. You further acknowledge and agree that the Materials are organized and presented by LiYana Silver in such a manner as to make them distinctive property of, and proprietary to, LiYana Silver even if some of the Materials (or versions thereof) may otherwise be available in the public domain. All rights of the Program and the Materials, including the copyrights in and to the Materials, are expressly reserved by and to LiYana Silver.

 

You will not reproduce, copy or otherwise duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the Materials without the prior written consent of LiYana Silver. You understand that violation of this provision will likely cause LiYana Silver to suffer harm which may be irreparable, entitling LiYana Silver to obtain injunctive relief. The foregoing injunctive relief shall be in addition to all other remedies available under law.

10. Disagreements Will Be Handled By Binding Arbitration.

In the event a dispute arises between the parties, either arising from this Agreement or otherwise pertaining to the relationship between the parties, the parties will submit to binding arbitration before the American Arbitration Association. Any arbitration commenced between the parties will be filed in Asheville, North Carolina. In addition to fashioning an award hereunder, whose maximum amount shall be limited to the fees paid by You to LiYana Silver or Aditi Ventures, Inc., the arbitrator is empowered, but not obligated, to direct the losing party to pay all arbitration costs and fees as well as the prevailing party’s attorneys’ fees and costs.

11. Notices.

Any and all notices to be served hereunder, including the commencement of an arbitration shall be by regular and certified mail (return receipt requested) to the addresses set forth at the top of this Agreement.

12. Consultant May Discontinue Working With You.

No provision of this Agreement shall prevent LiYana Silver from discontinuing its work with You, in its sole and exclusive discretion. The decision by LiYana Silver to expel You shall be final, not subject to any appeal and, to the extent permissible by law, non-reviewable. Within twenty (20) calendar days from Your last session in the Coaching Program, You will receive pro rata from LiYana Silver any unexhausted portion of the Fee.

13. All Agreements Need Some Legal Details.

This Agreement shall be construed in accordance with the laws of the State of North Carolina, without regard to the conflicts of law rules thereof. No adverse inference shall be drawn against the party whose attorneys physically prepared this Agreement. This Agreement is intended to be as broad and inclusive as North Carolina law permits. In the event that any term, provision, covenant or condition of this Agreement is found to be invalid, illegal or otherwise unenforceable, the remainder of the Agreement shall continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated.

This Agreement sets forth the entire understanding of the parties on the specific matters addressed herein, and supersedes any and all prior agreements, understandings and negotiations, both written and oral, between the parties (except to the extent that the terms herein incorporate by reference additional agreements). The parties acknowledge that no statements, whether oral or written, not expressly set forth in this Agreement have been relied upon or are intended to be made part of this Agreement. This Agreement may not be amended or modified except by a subsequent written agreement executed by all of the parties hereto.

The waiver of any party to a breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party hereto, unless such waiver is expressed in a subsequent written agreement executed by all of the parties. The headings for this Agreement are for organizational and drafting purposes only and shall not affect the substantive rights and obligations herein. Facsimile and pdf copies of this agreement and signatures by facsimile and pdf or other technologies, including electronic signatures, shall be valid and binding as if originals.

By accepting these terms and conditions, You agree that the above accurately reflects Your agreement with LiYana Silver for your Program.