For Your Review
After you register, a copy will be sent to you via email for you to sign digitally.
This agreement is so we both know what we are and are not agreeing to as we embark on this journey together.
THE UMAVERSE PROGRAM AGREEMENT
This Agreement (the “Agreement”) is entered into between The Umaverse LLC (“The Umaverse”), with an address at ______________ and ___________________ (the “Participant”, “you”, or “your”), with an address at ________________, for Participant’s access to, and use of, the Program described below. The effective date of this Agreement is _______________.
- Program. In consideration for payment of the Fee (defined below), The Umaverse will provide access to Participant to participate in The Umaverse’s “11 Week Program”, as more specifically described on The Umaverse’s website at theumaverse.com (the “Program”). Except as otherwise specified by The Umaverse, the Program is a group, and not an individual one-on-one, program,. Accordingly, Participant’s participation in the Program will be governed by the Program Guidelines in Schedule A, attached to this Agreement, and made a part hereof, as well as by the terms and conditions of this Agreement.
- Procedure. The time of the Program meetings and/or location will be determined by The Umaverse. The Umaverse may reschedule a session, or sessions, of the Program in its sole discretion. In such event, Participant will be offered an alternative date and time for a make-up session, or sessions. Under no circumstances will Participant be entitled to a rebate or refund of the Fee should a session be cancelled or rescheduled. The Umaverse will contact Participant within two (2) business days of confirmation of Participant’s payment of the Fee to confirm the date and time (and location, if necessary) of the Program. Further information about the Program will be provided to Participant no later than two (2) weeks before the Program begins.
- Fee. The fee for the Program will be at The Umaverse’s then-current prices, as set forth in its website at theumaverse.com and be payable in full upon Participant signing this Agreement. By entering into this Agreement, you authorize The Umaverse to charge your credit card or debit card, , or submit payment through a payment provider (e.g., PayPal), as payment for the Fee. If you are paying on a payment plan, and you fail to make any payment within thirty (30) days after it is due, the entire balance of the Fee will become due and owing on day 31 without any further notice from The Umaverse.
- No Cancellations or Refunds. Except as otherwise set forth in this Section 4, you may not cancel or reschedule your participation in the Program under any circumstances. Accordingly, the Fee is non-refundable regardless of whether you actually attend or complete the Program. In the rare and unexpected instance that The Umaverse is unable to accept you into the Program because of insufficient space, you will be notified and have the option for a full refund of the Fee actually paid, or to reserve a spot in the next available Program.
- Program Guidelines. You agree to comply with Program Guidelines in Schedule A, as such Program Guidelines may be changed by The Umaverse in its sole discretion from time to time. Your breach of any of these Program Guidelines will be considered a breach of this Agreement. If this breach is not discontinued or corrected within ten (10) days of written or oral notice thereof, The Umaverse may suspend your participation in the Program, or terminate this Agreement immediately. In the event of suspension, no portion of the Fee paid to date will be refundable. In the event of termination, the Fee paid to date will be forfeited. To the extent the Program Guidelines conflict with the terms of this Agreement, the terms of this Agreement will control.
- Confidential Information. For purposes of this Section 6, for Participant, “Confidential Information” means Participant’s ideas, plans, trade secrets and other information specifically designated by Participant as its confidential information prior to its disclosure to The Umaverse and/or to any Program participant. For purposes of this Section 6, for The Umaverse, “Confidential Information” means all materials and information it provides to Participant, or which Participant accesses or obtains, as a result of the Program. Subject to the terms of this Section 6, each party agrees (a) not to disclose the “Confidential Information” of the other party, or of the other Program participants, to any person or entity, (b) not to use the Confidential Information except as necessary to participate in the Program, and (c) that the reproduction, distribution and sale of The Umaverse’s Confidential Information is strictly prohibited. Notwithstanding the preceding sentence, The Umaverse may disclose the Participant’s Confidential Information to those of its employees and representatives who need to know in order to carry out the Program.
- Exceptions to Confidential Treatment of Confidential Information. Notwithstanding anything to the contrary in this Agreement, Confidential Information does not include information that (a) was in the receiving party’s possession prior to being disclosed by the disclosing party, (b) is generally known to the public, (c) is obtained by the receiving party, without breach of any obligation to the disclosing party, (d) is independently developed by the receiving party without use of, or reference to, , the disclosing party’s Confidential Information, (e) the receiving party is required by statute, lawfully issued subpoena, or by court order to disclose, (f) is disclosed by The Umaverse based on its reasonable belief that there is an imminent or likely risk of danger or harm to Participant or others, or (g) involves illegal activity. Participant also acknowledges her continuing obligation to raise any confidentiality questions or concerns with The Umaverse in a timely manner.
- Intellectual Property. All Intellectual Property Rights (defined below) in and to all documents, work product and other materials delivered to Participant under this Agreement, or prepared on behalf of Participant by The Umaverse in connection with the Program, is, and will be, owned exclusively by The Umaverse. “Intellectual Property Rights” mean all intellectual property rights of any kind including, without limitation, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of their respective goodwill, derivative works and all other rights.
- No Warranties or Guarantees. The Umaverse has strived to accurately represent the Program and its potential. However, your success and results concerning the Program depend on many factors, including, without limitation, your dedication, desire, motivation and the time you spend implementing what you will be taught. As with any endeavor, there is no guarantee that you will experience any specific results by participating in the Program. For this reason, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE UMAVERSE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, REGARDING THE PROGRAM AND ANY RESULTS FROM THE PROGRAM. THE UMAVERSE SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, FINANCIAL SUCCESS OR FITNESS FOR A PARTICULAR USE OR PURPOSE IN CONNECTION WITH THE PROGRAM. IN ADDITION, TO THE EXTENT THE PROGRAM IS DELIVERED VIA THE INTERNET OR THE UMAVERSE’S WEBSITE, YOUR USE OF THAT WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THAT WEBSITE (A) ARE AT YOUR OWN RISK, AND (B) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE UMAVERSE, NOR ANY PERSON ASSOCIATED WITH THE UMAVERSE, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE PRECEDING SENTENCE, NEITHER THE UMAVERSE, NOR ANYONE ASSOCIATED WITH THE UMAVERSE, REPRESENTS OR WARRANTS THAT (A) THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (B) DEFECTS WILL BE CORRECTED, (C) THE WEBSITE OR THE SOFTWARE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- Representations and Acknowledgments. By entering into this Agreement, you make the following representations and acknowledgments:
- Your payment of the Fee will not place a significant financial burden on you or your family.
- The Program is not psychotherapy; if any issues arise for you that should be handled by a licensed therapist, physician, or psychiatrist, you will contact the appropriate professional.
- You are motivated and committed to taking action with respect to your personal and professional goals and will dedicate yourself to full participation in the Program.
- You accept full responsibility for yourself and any actions you take that might result from participation in the Program.
- You are under the care of a physician and healthy enough to participate in the Program.
- The Program’s effectiveness will depend, in part, on being honest and straightforward in your communications with The Umaverse and other Program participants.
- No Use of Intellectual Property. Except as otherwise permitted in this Agreement, Participant may not use The Umaverse’s Intellectual Property without The Umaverse’s prior written consent.
- Notice. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") must be in writing, addressed to the parties at the addresses on the first page of this Agreement (or such other address designated by the receiving party from time to time in accordance with this Section). All Notices must be personally delivered, or be sent by nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of receipt), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise stated in this Agreement, a Notice is effective only (a) upon receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this Section 12.b.
- Entire Agreement; Order of Precedence. This Agreement, together with all Schedules and Exhibits and any other documents incorporated into this Agreement by reference, constitute the entire agreement of the parties concerning its subject matter, and supersede all prior and contemporaneous understandings and agreements, written and oral, concerning such subject matter. If there is a conflict between the terms of this Agreement and the terms of any Schedule or Exhibit, then the terms of this Agreement will control unless expressly stated otherwise in the applicable Schedule or Exhibit.
- No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to, or will, confer on any third-party individual or entity any legal or equitable right, benefit, or remedy of any nature whatsoever, under, or by reason of, this Agreement.
- Amendment and Modification; Waiver. This Agreement may be amended, modified, or supplemented only by a written agreement signed by the parties. No failure to exercise any right, remedy, power or privilege ("Right(s)") arising from this Agreement will operate or be construed as a waiver of that Right. No single or partial exercise of any Right under this Agreement precludes any other or further exercise of that Right, or the exercise of any other Right.
- Severability. No invalidity, illegality, or unenforceability of any provision of this Agreement in any jurisdiction will affect any other term or provision of this Agreement, or invalidate or render such provision unenforceable, in any other jurisdiction. If any provision of this Agreement is determined by a non-appealable order or judgment of a court of competent jurisdiction to be invalid, illegal, or unenforceable, the parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible.
- Governing Law: Submission to Jurisdiction. This Agreement will be governed by and construed in accordance with the internal laws of Connecticut, without giving effect to any choice or conflict of law provision or rule that would result in the application of laws of any other jurisdiction to this Agreement. Any lawsuit, action, or proceeding arising out of, or related to, this Agreement or the Services or Deliverables must be instituted exclusively in the state or federal courts in Fairfield County, Connecticut. Each party irrevocably: (a) submits to the exclusive jurisdiction of such courts; and (b) waives any objection to such courts based on venue or inconvenience. Notwithstanding the foregoing, before commencing any lawsuit, action, or proceeding, the parties will confer and attempt to resolve their dispute informally for a period of fourteen (14) days.
- Equitable Relief; Cumulative Remedies. Each party acknowledges that a breach of Sections 6, 7, 8, 9 and 11 may cause the non-breaching party irreparable damage for which an award of damages may not be adequate compensation. If there is a breach or threatened breach of these sections, the non-breaching party will be entitled to seek equitable relief. Except as expressly stated in this Agreement, the rights and remedies under this Agreement are cumulative and in addition to any other rights or remedies available at law or in equity or otherwise.
- Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
- Survival. Those provisions of the Agreement which expressly survive expiration or termination of this Agreement, or which, by their nature, ought to survive expiration or termination of this Agreement, will survive.
- Assignment. Participant may not assign its rights, nor delegate its duties, under this Agreement without the prior written consent of The Umaverse.
PROGRAM GUIDELINES (otherwise known as Our Sacred Agreements)
- You will show up entirely present and in full authenticity to every session (including any program meeting, circle, workshop or other scheduled gathering).
- You will be on time to every session (on the Zoom call at least by start time and to the extent possible, a few minutes ahead of time) so that all participants can get every last second of value and connection out of it and no one is waiting for you.
- If you have to be late to any session due to entirely unavoidable circumstances, you will enter quietly and integrate into the session without disruption.
- You are 100% committed to your own growth and awakening.
- You will listen deeply and authentically to other program participants, and you promise to hold a safe and confidential space for every person in every session.
- You promise to never ever offer unasked for advice to others in the program and only offer your thoughts or opinions about other people’s situations if they ask for such feedback. You recognize that sometimes we all just need to be heard.
- If you think of something that you’d like to share with someone, you agree to gently ask them in a non-threatening way if they would like some feedback, and you always will allow them to decline without tension or intensity.
- You commit to keep my comments and shares within the allotted time, so that we can hear from everyone.
- You recognize that you learn just as much when other women are talking as you do when you are talking.
- You recognize that the process you’re embarking upon may include deep healing and mindset shifts and you agree to be kind and gentle with yourself, and also to stay firm in your commitment to this process.
- You recognize that there is no such thing as “perfection” and you commit to not hold yourself to unattainable standards that ultimately only make you feel bad and do not serve you in any way.
- If you are in Levels II or III, you agree to show up to circles on time and stay until the official close time. You do this because you recognize that time we have together is made potent and transformational by your attention to it and to each other.
- Your life is your responsibility. You do not hold The Umaverse or any woman in the program accountable or liable for any action or decision you make in your own life.
- You commit to showing up with all your heart, authentically and honestly, in support of all of our growth.