Thank you for taking the first step to healing!
I excited at the opportunity to help you heal and I thank you for trusting me.
My goal is to assist in any way I can through our conversations and help you set and achieve goals, overcome challenges and DO MORE. My advice and suggestions are designed to help you think differently. It’s simple. Do things differently and get different results.
We are going to accomplish some amazing things together.
By consulting with me, you hereby agree to the following terms and conditions of employing my services:
BY PURCHASING CONSULTING SERVICES YOU (HEREIN REFERRED TO AS “CLIENT” or “CUSTOMER”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
The “1 on 1 Consulting Session with Matana” and/or “Matana Jacobs” (both herein referred to as the “Company”) agrees to provide services of consulting with you in a private, confidential and discreet session (herein referred to as “Program”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands and acknowledges that neither the Company, their affiliates, nor any of their respective employees, agents, third parties, or licensors are not medical health professionals and are not qualified or licensed to offer professional medical advice, nor are any assertions made, either suggested, implicit or otherwise, that the Company can diagnose, treat, cure or prevent and disease or diagnosis and have not been retained in any legal, formal or informally bound doctor/patient relationship. Any advice or suggestions given at any point, should be reviewed prior to implementation with a medically qualified and licensed health professional.
Client acknowledges that neither the Company, their affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from these Events as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Events.
Client understands that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any individuals mental health improvement, social or mental performance, or any results of any kind. Client agrees that their results are dependent on various factors including but not limited to, mindset, seeking the guidance of a medically qualified professional, knowledge, ability, dedication and/or professionally dispensed medication by a qualified and licensed medical health professional, and in no way dependent on any information the Company or any fellow members, guests, or others who may provide information to Client, in any forum, social gathering, or by any video or telephone conversation, live or recorded.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that the Company is not responsible for any loss, property damage, death, illness or bodily injury, caused by your attendance in this membership or by having taken advice or suggestions which may be given from time to time. To the maximum extent permissible under applicable law, the Company will not be responsible to the Client or any third party claims through the Client for any direct, indirect, special or consequential, economic or other damages arising in any way out of your purchase, participation or attendance at the Events.
Client understands that a permanent coaching and/or consulting relationship does not exist between the parties after the conclusion of each session and after any given session the Company may terminate services at any time, using its own discretion and without refund for previous sessions.
While your session payment is current, the session shall include scheduled calls via telephone or zoom or other method of communication in which Matana will listen and speak with you and personally impart her advice and/or suggestions relevant to your situation.
These benefits will terminate upon expiration of your session.
Session shall run a duration of sixty (60) minutes in length (herein referred to as “Session Period”) and Client may join at any point on either a month to month recurring term or on a one time, individual payment term. The month to month and/or one time payment option may be modified or rescinded at any point without advance notice.
Each paid session shall be set at a rate of $195.00 per sixty (60) minutes.
Prices may change from time to time, with advance notice prior to each session.
Method of Payment
Client shall pay through a Website payment portal via American Express, Discover, MasterCard or Visa, with payment to be processed through either PayPal, Stripe or other method, as invoiced. Session payments must be made in full prior to each session.
Once a session is booked and confirmed via email, text message or by other method of communication the Company will issue a full refund if the client cancels the session 5 days before the scheduled time and date. If the client cancels the session within 24 hours of the session without rebooking to another date and/or time, the company has full discretion to refund any portion of payment. No refund shall be issued for completed session/s. A full refund will be issued if the company cancels the session.
The Company respects the Client’s privacy and insists that the Client respects the Organizer’s and the other Event Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by the Company, any representative of the Company, or the Participants is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, from the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with the Company. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Client agrees that if they violate or display any likelihood of violating this section the Company and/or the other Participant will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Non-Disclosure of Materials
Materials, content, ideas and information given to the Client in the course of the sessions is proprietary and developed solely and specifically by the Company. Any original materials that may be provided to the Client are for the Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by the Client to a third party is strictly prohibited.
No Transfer of Intellectual Property
All intellectual property, including Organizer’s sessions, method, ideas and or suggestions and/or program materials, shall remain the solely and exclusively the property of the Company. No license to sell, reproduce or distribute Organizer’s materials is granted or implied. Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Company or Participants.
Further, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The Events are developed for strictly educational and informational purposes. Client accepts and agrees that Client is one fully responsible for their progress and results from the sessions. The Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature and extent of the sessions, the results experienced by each Client may significantly vary. Client acknowledges that as with any endeavor, there is an inherent risk of loss and there is no guarantee that Client will reach their goals as a result of participation in the Events.
Client hereby agrees to maintain a standard of behavior that is one fitting a normal social structure. Client agrees to keeping and abiding by the Program goals and objectives, committed to the process of healing and have taken concrete steps, such as therapy, healing, improved mindset to make positive changes to their current state. These individuals should be givers, growth oriented people that are willing to share their story to the company and reveal some of their personal journey to yield the best results.
Individuals should be seeking hope for a better tomorrow, and a belief in achieving this, gratefulness, practice gratitude or a willingness to practice gratitude, an open mind to trying things not previously done, and believe that they deserve to heal and are willing to gift themselves this experience.
Members should be prepared to come with their mental health “workout clothes” and excited to implement new ideas discussed in each session
Sessions are not in place of a mental health professional, and not for people just looking to talk about whats NOT working without having an open mindset to improve their mental health.
Any breach of these standards is grounds for terminating of any future session and any decisions of compliance or noncompliance lay in the sole discretion of the Company.
The company shall not record or film any session without informing the client and without the clients full approval to do so.
Client hereby waive all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the Client’s session.
Independent Contractor Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In these Events no such persons shall be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either the Company to perform their obligations under this Agreement, the Organizer’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid, illegal or unenforceable, the remaining provisions shall nevertheless be unaffected and continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation Of Liability. Client agrees they purchased the Program at their own risk and that Events are only educational services being provided. Client releases the Company, it’s employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities in any way as well as the venue where the Events are being held, and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your participation in the Events. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Organizer’s services, guidance or suggestions. The Company assumes no responsibility for errors or omissions that may appear in any of the session materials or conversations.
Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Client, without express written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. The Company is committed to providing all Clients a positive experience. By accepting below, Client agrees that the Company may, at their sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Events without refund or forgiveness of payments if the Client becomes disruptive to the Company or Participants, difficult to work with, behaves in a manner unfitting to the session standards and/or goals or upon violation of these terms.
E) Indemnification. Client shall defend, indemnify, and hold harmless the Company, their employers, employees, contractors, directors, related entities, trustees, affiliates, and successors 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 the offering for sale, the sale, and/or use of any session, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Organizer’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against the Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of five (5) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: firstname.lastname@example.org. The Company shall deliver notice to Client’s email address provided to the Company through registration.
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America.
K) Marketing. Client hereby agrees and understands that from time to time, and in compliance with our privacy agreement, we may send sales, marketing or other emails to you. We will not sell, distribute or otherwise disseminate your contact and/or other personal information to any other company or persons.
BY PURCHASING, JOINING AND PARTICIPATING IN THIS PROGRAM, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.