Client Services Agreement
By purchasing any teaching, coaching, or consulting services (collectively, the “Services”) through Arootah, LLC (“Arootah”) I confirm that I have read this client services agreement (“Agreement”), and hereby agree to the following terms:
I understand that the Services involve a relationship in which an Arootah teacher, coach, or consultant (collectively, “Instructor”) will partner with participants (“Participants”) in a thought-provoking, informative, and creative process that provides advice, guidance, and direction to help amplify Participant’s personal, professional, financial, educational, or physical potential and achieve long-lasting success.
I confirm that I have the ability to give informed consent, and hereby give such consent to Arootah for the designated Instructor to provide the Services during individual or group sessions (each a “Session” and collectively, the “Sessions”).
I agree that all communications (with Arootah or any applicable Instructor), scheduling, and payments will be done exclusively through Arootah’s platform (“Platform”).
I understand that the use of technology is not always secure and accepts the risks to privacy and confidentiality during the use of the Platform.
I agree that Participants may not record any Sessions without Arootah’s prior written approval.
If an instructor becomes unavailable for any reason, then Arootah will provide a comparable replacement. Notwithstanding the foregoing, if a scheduled Session must be cancelled by an instructor or Arootah for any reason, Arootah will notify Participant as promptly as possible via the Platform. While Arootah will use commercially reasonable efforts to reschedule all cancelled Sessions at a mutually agreed upon date and time, if Arootah provides fewer than twenty-four (24) hours’ notice for any individual, one-on-one Sessions, or fewer than one (1) weeks’ notice for any group Sessions, then Participant will be entitled to a refund upon written request if a mutually agreed upon date and time for a rescheduled Session cannot be reached.
In the event any issues arise between Participant and Instructor, Participant agrees to work in good faith with Arootah and the Instructor to resolve such issues fully, amicably, and efficiently. Notwithstanding the foregoing, if Participant is unsatisfied with the intended resolution to such issues, then on Participant’s written request, Arootah shall endeavor to find a replacement Instructor for Participant in a timely manner. Participant understands that there is no guarantee that Arootah will be able to find a replacement Instructor.
If Arootah is unable to find an acceptable replacement, as determined by Participant in good faith, then on Participant’s written request, Participant shall be entitled to a refund for the remaining balance of any outstanding Sessions.
Instructor may provide educational materials, books, and other content (collectively, “Materials”) from time to time as part of a Session. Participant understands that such Materials are confidential, copyrighted, and proprietary to Arootah and Participant agrees not to record, duplicate, distribute, teach, or train from such Materials in any manner whatsoever without the express written permission of Arootah.
No Professional Advice
By entering into this Agreement, I understand that to the extent the Services involve career, finance, or business, Arootah does not promise any general or specific outcomes, including but not limited to, increased clientele, profitability, or business success; and Participant agrees that no Instructor is acting in the capacity of an attorney, accountant, financial planner/advisor, or other such professional.
By entering into this Agreement, I understand that to the extent the Services involve any personal issues, they are not offered as a substitute for medical, physical, mental, or psychological health care, nor are they meant to diagnose, treat, prevent, or cure any physical, medical, mental, or psychological ailment, disease, or condition. For the avoidance of doubt, no Services are being offered as nor should they be used by Participant as a substitute for professional medical, physical, mental, or psychological health care, counseling, psychoanalysis, substance abuse treatment, or any other mental or physical health advice, guidance, or counsel.
By entering into this Agreement, Participant is fully responsible, at all times, for Participant’s own well-being, including, without limitation, Participant’s mental health, physical health, psychological health, career, finances, business decisions, and any other choices, decisions, actions, or inaction that Participant chooses to take or not take.
Express Assumption of Risk
By entering into this Agreement, Participant is voluntarily participating in the Sessions, during which Participant may receive information, guidance, or instruction about health and wellness practices including, without limitation, yoga, meditation, diet, nutrition, exercise, and physical fitness.
By entering into this Agreement, Participant understands that any physical, fitness or wellness training program (including, without limitation, exercise, diet, meditation, and yoga) may require (to various degrees) strenuous physical exertion, and Participant is fully aware of and hereby assumes the associated risks and hazards involved, including, without limitation, property damage, death, and serious injury (including, by way of illustration and not by way of limitation, falls, sprains, heart attacks, muscle strains, muscle pulls, muscle/ligament tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, illness, soreness, or dehydration) (collectively, “Risks”).
By entering into this Agreement, it is hereby acknowledged that Participant should consult a health care professional before starting any diet, exercise plan, exercise regimen, or any other fitness or wellness program that might be offered by Arootah. Further, Participant willingly assumes full responsibility for any Risks, known or unknown, which might be sustained by Participant or any exercise partners, volunteers, or spectators as a result of participating, volunteering, watching, or undertaking any physical, fitness, or wellness training.
It is Participant’s responsibility to consult with a licensed physician or other qualified medical professional prior to and regarding Participant’s ability to participate in a Session. By entering into this Agreement, it is understood that Participant has no physical impairments, injuries, or illnesses which could endanger Participant or any exercise partners, volunteers, or spectators as a result of participating, volunteering, watching, and/or undertaking physical training as part of a Session.
I am fully aware that any online Session, by definition, is distinctly different from participating in an in-person Session under the physical guidance of a trainer, yogi, teacher, instructor, or coach. Accordingly, I understand that it is solely the Participant’s responsibility to make sure that the Participant’s place of practice is safe.
Disclaimer of Warranties and Limitation of Liability
By entering into this agreement, the Participant willingly participates in Sessions. In consideration for Participant being allowed to participate in Sessions, I hereby release waive, acquit, and forever discharge Instructor, Arootah and its employees, contractors, owners, successors, assigns, and personal representatives from every claim, suit action, demand, or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by Participant or by Arootah as a result of any advice given by Instructor or otherwise resulting from Sessions contemplated by this Agreement. I further declare and represent that no promise, inducement, or agreement not expressed in this Agreement has been made to me to sign this Agreement. This Agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission before, during, or after any in-person Session, for any person connected with Arootah to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical or surgical care for Participant and to transport Participant to a medical facility deemed necessary for Participant’s well-being.
I accept financial responsibility for any injury that Participant may cause either to Participant or to any other participant due to Participant’s negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this Agreement, I agree to reimburse them, in full, for such fees and costs. I further agree to indemnify and hold harmless Arootah and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from Participant’s negligence or intentional acts or omissions while participating in Sessions. This includes, without limitation, parks, recreational areas, playgrounds, areas adjacent to the main building, or any area selected for Session-related activities.
I understand that Arootah will make reasonable efforts to protect Participant’s information as confidential unless I state otherwise in writing. Notwithstanding the foregoing, I understand that if Participant either reports or Arootah believes Participant may have or will commit child abuse or mistreatment, elder abuse or neglect, abuse or neglect of the physically or mentally disabled, or Participant threatens to harm themselves, someone else, or the public at large, Arootah may take whatever actions it deems necessary, which may include the disclosure information. I expressly consent to Arootah disclosing such information in such cases, and I agree that Arootah shall not be liable under any circumstances for such actions or disclosure.
I understand that Arootah believes its employees and contractors should always conduct themselves appropriately. As a result, I agree to notify Arootah immediately of any inappropriate behavior by a Coach or anyone else employed or engaged by Arootah.
I understand that by agreeing to the terms of this Agreement, I am expressly opting-in to Arootah’s mailing list and agreeing to receive Arootah’s e-mail newsletter; provided, however, that I may unsubscribe from Arootah’s mailing list at any time, by clicking the unsubscribe hyperlink at the bottom of the newsletter and following the instructions provided.
Amendments to this Agreement
As Arootah’s business changes and evolves, Arootah may need to amend this Agreement. I acknowledge that such modifications may be made at any time by Arootah at its sole discretion upon notice to me, including by email.
Applicable Law and Disputes
This Agreement shall be construed and controlled by the laws of the State of New Jersey. Any dispute arising under, relating to or in any way connected with the agreement must first be submitted to non-binding mediation, unless the parties agree in writing to waive such a requirement. Mediation shall be conducted and administered by JAMS in New Jersey. If a dispute remains unresolved at the conclusion of the mediation process or the parties stipulate in writing to waive mediation, either party may submit the dispute to binding arbitration in accordance with the then-current Commercial Arbitration Rules & Procedures of JAMS in New Jersey. Such arbitrator shall be a lawyer not employed by or associated with either party to this Agreement and shall have substantive experience in matters similar to the subject matter of this Agreement. All mediation and arbitration proceedings shall be confidential and New Jersey law shall apply. The prevailing party in any such arbitration proceeding shall be entitled to reimbursement of its legal fees and costs by the non-prevailing party. I understand and agree that this provision is intended to provide both myself and Arootah with the exclusive forum for redressing grievances that arise under, relate to, or are in any way connected to this Agreement. I agree that this Agreement, regardless of the place of its execution or the location of residency, shall be interpreted in accordance with the laws of the State of New Jersey applicable to agreements made and wholly to be performed therein.