Please read the following Coaching Terms and Agreements and pay attention to the Medical Release of Liability below which determines your fit for breathwork as practiced in this Community Event. Alternatives for breathwork can be offered if contraindications are present however it is the Customer's responsibility to communicate this need before participating in any practices to the Coach and to consult with their medical professionals on their fit for activated breathing exercises.

COACHING TERMS AND AGREEMENTS

This agreement and attached exhibits (collectively “Agreement”) will confirm the terms on which you (“Customer”) have retained THE KALEIDOSCOPE COMPANY LLC (“Coach”) to act as your success coach through a program entitled “COMMUNITY EVENT” (“Program”). Customer and Coach are hereinafter referred to as the “Parties”.

1. Term of Agreement: The term of this Agreement shall commence at moment of signup and purchase of Program by customer and remain in place for the duration of use of Program and Program materials by customer.

2. Your Benefits: The following shall outline the non-exclusive services to be provided by Coach to Customer during the term of this Agreement:

During the term of this Agreement, Customer is entitled to the following:

1. A)  Attend and participate in one live, online community or group event.

2. B) Access call recordings for a specified duration of time until that time expires.

1. Your Participation: Coach is committed to providing all Program Customers with a positive experience. Thus, Coach may, at its sole discretion, limit, suspend, or terminate Customer’s participation in any of its programs, live, recorded, telephone, social-media, or digitally based, without refund or forgiveness of remaining payments if:

• Customer becomes disruptive or difficult to work with; or

• Customer fails to follow program guidelines; or

• Customer impairs the participation of Coach or other Program Members.

Customer understands and agrees that any information disclosed by other Customers, during any Program session, may be personal, confidential, or proprietary in nature, and that it belongs to such member. Customer has no right to use or disclose any such information disclosed by a fellow Program Customer.

Customer’s use of any materials associated with Program shall be on a licensed basis, during the term of this Agreement, and shall be for personal use only. Without limitation, Customer may not share, duplicate, sell, or otherwise redistribute such materials, or the content contained therein, without the prior, express, authorization of Coach.

1. Limitation on Guidance Given to Customer: Customer understands and agrees that Coach’s coaches are not licensed as doctors, therapists, psychologists or other similar professionals. The guidance, advice or insight provided under this Agreement shall not be considered a substitute for proper medical or psychiatric treatment/therapy of known or unknown conditions. The information provided by Coach is intended for a general audience; and is not personally directed at Customer. Customer acknowledges that Coach has not offered, attempted, or promised to provide Customer with any services that require a professional license, and that Coach is not permitted, authorized, or expected to do so.

Coaching is never intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Customer’s physician or other qualified health provider with any questions Customer may have regarding a medical or psychological condition. Customer should never disregard professional medical advice or delay in seeking it because of something Customer has read, heard or experienced during a coaching program.

1. Non-Exclusive Coaching: Coach will not be required to devote his/her full time to coaching Customer, and Coach may perform the same or similar services for others, as well as engage in any other business activities.

2. Reasonable Services: Coach is required to render reasonable services covered by this Agreement. If, for any reason, Coach is unable to render services as stated herein, Coach will immediately notify Customer and may, at his/her sole discretion, terminate this Agreement. In the event of termination pursuant to the provisions of this paragraph, Coach shall reimburse Customer his/her pro rata share of the compensation received for the remaining days left on the term of the Agreement.

3. Refund Policy, Program Fees and Coach Compensation: Customer agrees to pay in full or to complete the agreed upon payment plan in total of the current program/enrollment fees as outlined on the purchase and enrollment pages. By purchasing Program or participating in any program events, Customer agrees that all compensation and enrollment fees are completely NON-REFUNDABLE in all instances unless otherwise stated in this Agreement. Customer's non-use of course content for any reason will not entitle them to a refund when course material has been made accessible (digitally or in person) to Customer by Coach.

4. Assignment: Neither Customer nor Coach has the right to assign this Agreement or any rights or obligations under the Agreement without the express written consent of the other, except that Coach may assign this Agreement without Customer’s consent to any corporation or other entity of which Coach is an officer, member, partner, employee, or consultant; and in the event of such an assignment, Coach will remain personally responsible for the services enumerated herein.

5. No Encumbrances: Each Party warrants that they are free to enter into and to perform under this Agreement and to grant the rights, options, powers and privileges herein granted, and to perform every service described in this Agreement, and neither party is a party to any presently existing contract, nor has or will have any obligation, that would interfere with full performance of the terms of this Agreement.

6. Notices: All notices required under this Agreement must be in writing and must be given by certified mail, postage pre-paid, at the addresses stated below, or at any other address either party designates by notice. The date of mailing will be the date of giving of notice. A copy of all notices shall be sent to the following addresses, unless other addresses have been designated in writing by the Parties:

Customer: As Noted in Program enrollment data

Coach: Block Below

Kaleidoscope Company, LLC
8 The Green #14499, Dover, DE, 19901

1. Disclaimer of Guarantee: Nothing in this Agreement and nothing in Coach’s statements to Customer shall be construed as a promise or guarantee about the outcome or results arising from the services provided to the Customer under this Agreement. Coach makes no such promises or guarantees. Coach’s comments about the outcome or results of the services, such as potential increased happiness, physical well-being, or success, are expressions of opinion only. Customer’s results are dependent upon a number of factors, and may vary substantially from those expressed by Coach, or Coach’s employees, presenters or other Program Customers.

Coach can teach Customer everything Coach knows, but Coach can't implement it for Customer. As it is in life, how far Customer goes is up to Customer and Customer’s ability to implement what Coach teaches Customer. It's stipulated by law and Coach’s good intentions for Customer that Coach let Customer know this. Customer will get the most cutting-edge training on the market and it's up to Customer to make it happen.

Customer should know that all products and services by Coach are for educational and informational purposes only. Nothing on any of Coach’s websites, or any of Coach’s content or curriculum is a promise or guarantee of results or future gains, and Coach does not offer any psychiatric, legal, medical, tax or other professional advice. Any mental health or general Program outcomes referenced on any of Coach’s sites or social media, are illustrative of concepts only and should not be considered exact promises for actual or future performance.

Making decisions based on any information presented in Coach’s products, events, services, or website, should be done only with the knowledge that Customer could experience risk or losses just like any personal development or financial endeavor. Customer should exercise caution and always consult Customer’s therapist, physician, accountant, legal representation or medical support team before acting on this or any information related to a lifestyle change, embodiment practices, breathwork practices or Customer’s business or finances. Customer alone is responsible and accountable for Customer’s decisions, actions and results in life, and by Customer’s purchase of Program here Customer agrees not to attempt to hold Coach liable for Customer’s decisions, actions or results, at any time, under any circumstance. Customer’s use of any information provided by Coach, in any fashion, is at Customer’s own risk and discretion.

Under no circumstances, including, but not limited to, negligence, shall Coach or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use, Coach’s websites, including any messaging, blogs and comments of others; emails; products; services; or third party materials, products or services, made available by Coach in any way, even if Coach is advised beforehand of the possibility of such damages. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to Customer. In such states, Coach’s liability and the liability of Coach’s affiliates, is limited to the fullest extent permitted by such state law. Customer specifically acknowledges and agrees that Coach is not liable for any defamatory, offensive, or illegal conduct of any Program Customer. If Customer is dissatisfied with Program, any of Coach’s sites, materials, products and/or services, or any terms and conditions associated therewith, Customer’s exclusive remedy is to discontinue participation in Program and/or Customer’s use of such sites, materials, products and/or services. Non-refundable programs shall not be subject to banking disputes when Program materials and access have been provided to Customer upon purchase of Program, including in the interim of payment plan completion.

1. Non-Coach Sponsored Events and Activities: Per Paragraph 2, above, Customer is entitled to participate in various events, activities and groups that are offered to Customer and other Program Customers by and through Coach. During Customer’s participation in these events, activities and groups, Customer may be invited to participate in events, activities or groups that are sponsored or hosted by other Program Members. Customer acknowledges and agrees that, absent Coach’s acknowledgement in writing that an event, activity or group is Coach- sponsored, Customer hereby waives, releases, discharges, indemnifies, holds harmless and agrees not to sue (as may be applicable) Coach, its owners, employees, officers, shareholders, landlords, lessees, servants, representatives, affiliates, agents, invitees, members, instructors, guests or any person or entity connected with Company (collectively referred to herein as “Released Parties”) with respect to any and all liability, responsibility, damages, losses, claims, demands, actions, suits, judgments, costs and expenses (including attorneys’ fees) resulting from any personal injury, accident, illness, death and/or property loss caused or sustained in any manner, whatsoever, in connection with Customer’s participation in any non-Coach-sponsored events, activities or groups.

2. Dispute Resolution; Attorney’s Fees: All disputes arising under or concerning this Agreement are to be submitted to binding arbitration in Los Angeles, California, in accordance with the laws of California. Customer may only resolve disputes with Coach on an individual basis, and, may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action), unless all relevant parties specifically agree to do so following initiation of the arbitration. With regard to any dispute between Coach and Customer arising under this Contract, the Parties agree to bear their own attorney’s fees and costs and no Party will be entitled to recover attorney’s fees and costs from the other party unless permitted under statute or law.

3. Miscellaneous Provisions:

1. (a)  This Agreement is the only agreement between the Parties and there is no other collateral agreement (oral or written) between the Parties in any manner relating to the subject matter of this Agreement.

2. (b)  No modification, amendment, waiver, termination or discharge of this Agreement or any of its provisions will be binding on either party unless confirmed in writing, signed by each party.

3. (c)  If any provision of this Agreement is determined invalid, illegal or unenforceable, then that determination will not affect the validity of the remaining provisions hereof; provided, however, that if any such invalidity, illegality, or unenforceability materially affects the Coach’s right to receive compensation hereunder, Coach shall be entitled to the reasonable value of Coach’s services and to retain all compensation paid to Coach hereunder as a payment toward the reasonable value of such services.

4. (d)  Each of the Parties hereto warrant and represent that in executing this Agreement (a) they have relied solely upon their own judgment, belief, and knowledge and the advice and recommendations of their own independently selected and retained counsel, concerning the nature, extent and duration of their rights and claims, and that they have not been influenced to any extent whatsoever in executing this Agreement by any representations or statements with respect to any matters made by any party or representative of any party; or (b) they have intentionally refrained from doing so and have knowingly and voluntarily waived such right.