This Agreement is entered into by and between Participant and Kimberly Jonas LLC (also referred to below as Kimberly Jonas or Kimberly), effective as soon as full payment, or the first installment of a payment agreement, is received for a BodyMantra:Attunement experience (also referred to below as Event).
 
1.   SERVICES & PARTICIPANT RESPONSIBILITIES
 
A BodyMantra:Attunement experience includes 3 Attunement sessions and 2 Recalibration sessions.
 
Participant agrees that they have met the principle & practice requirements for registration as listed on the website. Participant additionally agrees to attend all Event dates and times specifically marked “Attunement” on the event web page, at a minimum, with emergency and illness being exceptions.
 
In consideration for the services provided, Participant agrees to pay Kimberly Jonas the full amount for the Event as listed on the event web page, in accordance with registration requirements outlined in emails from Kimberly, minus any discount codes provided.
 
2.   REFUND POLICY
 
Participant may cancel up to and through September 15, 2024 for a cancellation fee of $75. After that time, 50% of the total Event fee will be assessed for cancellation between September 15, 2024 and September 20, 2024.
 
After September 20, 2024, no refunds will be issued.
 
3.   NO GUARANTEES
 
Kimberly Jonas cannot guarantee the outcome of an Event experience and Kimberly’s comments and teachings are expressions of opinion only. Participant acknowledges that Kimberly Jonas cannot guarantee any results from an Event experience, as such outcomes are based on subjective factors that cannot be controlled by Kimberly. Participant further acknowledges that Kimberly Jonas is not a licensed counselor or social worker and is not accredited or certified by any formal counseling, coaching or facilitator agency or organization.
 
4.   LIMITATION OF LIABILITY
 
Participant understands that Event activities may involve strenuous exercise and risk of bodily injury and enters into such activities voluntarily and at their own risk. Participant further understands that BodyMantra is a spiritual practice that may result in the activation of complex emotional and psychological material, through the teachings themselves and/or interactions with other community members. With this knowledge, Participant releases Kimberly Jonas from any liability for any claims, demands, injuries, actions or causes of actions to their person arising out of their participation in the Event.
 
Under no circumstances shall Kimberly Jonas LLC, its owners, officers, employees, affiliates, contractors or licensees, be liable to Participant for any direct, indirect, consequential incidental, special, exemplary or punitive damages arising from or out of Participant’s involvement in the Event.
 
ADDITIONAL TERMS AND CONDITIONS
 
1) GOVERNING LAW. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado as applied to contracts that are executed and performed entirely in Colorado. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Boulder County, Colorado. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
 
2) INDEMNIFICATION. By registering for the Event, Participant agrees to defend, indemnify, and hold harmless Kimberly Jonas LLC, its owners, officers, employees, contractors, directors, related entities, 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 your breach of this Agreement and/or Participant’s involvement in the Event. 
 
3) NON-DISPARAGEMENT. Acting in the spirit of BodyMantra teachings, Participant shall refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Kimberly Jonas, or any of Kimberly Jonas’s personnel, agents, policies, services or products, as well as about other Event participants, other than to comply with the law.
 
4) SEVERABILITY. If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
 
5) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties.