Service Agreement & Liability Waiver
Waiver of Liability
Alicia Rose Becker and the Rose Composite LLC (“Rose Co.”, “provider”, “we”, “our” or “us”) owns and operates the website located at https://www.roseco.co/ together with any mobile version (collectively, the “Website”) together with the various products and services offered through the Website, including the membership and other services (collectively, the “Service(s)”). The Services are provided for informational and entertainment purposes only. You are solely and entirely in control of your own life and your own ability to transform your life and we do not promise or guarantee any results or outcomes arising from your participation in or your access or use of any part of the Services.
We reserve the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. YOU AGREE THAT Rose Co. SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. We may change these Terms at any time. Please review the Terms each time you visit the Service. If you object to any amendments, please stop using the Service, otherwise your continued use will be taken as your consent to such amendments.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Assumption of Risk
The Client understands and acknowledges that the services provided by the Provider may involve inherent risks. The Client voluntarily assumes all such risks and agrees that the Provider and their agents shall not be liable for any injury, loss, or damage, whether foreseen or unforeseen, arising out of or related to the services provided.
Release of Liability
In consideration of receiving the services provided by the Provider, the Client hereby releases, discharges, and holds harmless the Provider, their agents, employees, successors, and assigns from any and all claims, demands, causes of action, liabilities, costs, and expenses, whether at law or in equity, arising out of or related to the services.
The Client agrees to indemnify and hold the Provider harmless from any loss, liability, damage, or costs, including attorney's fees, that may occur as a result of the Client's participation in the services provided.
Acknowledgment of Understanding
The Client acknowledges that they have read this waiver of liability, fully understand its terms, and enter into it voluntarily. The Client further acknowledges that this waiver of liability is binding upon the Client and their heirs, executors, administrators, and legal representatives.
This waiver of liability shall be governed by and construed in accordance with the laws of Lake Oswego, Oregon.
You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage Rose Co. or Alicia Rose Becker, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. All services and programs are non-transferable.
To the extent permitted by Applicable Law, in the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.
Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth herein, nothing in this Agreement will prevent Rose Co. from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of Rose Co.’s intellectual property rights and confidential and proprietary information by you, Rose Co. will suffer irreparable harm and will therefore be entitled to seek injunctive relief to enforce this Agreement. Rose Co. may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above.
This Agreement and waiver of liability constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
The failure of Rose Co. to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
The headings and subheadings herein are provided for convenience of reference only and are not to be used in construing these Terms or any provision thereof.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you.
Any provisions of this Agreement, the performance of which by either or both parties, or by their sense and context, are intended to survive, shall survive the completion, expiration, termination or cancellation of this Agreement.
As part of some programs, coaching or other services are included as an experience that supports the Client. Services to help the Client progress towards achieving a goal or change, as identified by the Client. The Client recognizes that services are not therapy, counseling, or consulting. The Client is ultimately responsible for any changes or actions, and releases Rose Co. of any liability as a result of this relationship.
The Coach agrees to keep all conversations and information with the Client private and confidential with the exception of group programs or discussions, as allowable by law. No personal information will be shared with anyone without the Client’s express permission. Exceptions may be made if there is an imminent threat of serious injury to oneself or someone else. For marketing purposes, stories may be shared without identifying the Client by name.
Cancellation and Refund Policy
No refunds are provided for services, programs, memberships, or other purchased items. However, please contact Rose Co. with any requests as soon as possible for consideration. We strive to provide quality programs and services, and will consider reasonable requests on a case by case basis. Requests made within 48 hours of purchase are appreciated.
The Rose Co. may terminate Client access and/or this agreement at any time without prior notice for any programs, memberships or other services.
Particularly for one on one sessions, if the Client is more than 15 minutes late to an appointment, Rose Co. may assume that the appointment is canceled and the Client will be responsible for full fee. The Client agrees to cancel or reschedule an appointment at least 48 hours in advance, without a change fee. Any changes or cancellations within 48 hours are subject to a cancellation fee. The Rose Co. and Client agree that there are no refunds for sessions provided or cancellations within 48 hours of scheduled appointment.
Agreement of Release and Waiver of Liability
Client agrees to the following: You represent and warrant that you are in good physical health and do not suffer from any medical condition which would limit my participation in the coaching, exercises, or teachings provided by Alicia Rose Becker of Rose Composite LLC. You understand that it is your responsibility to consult with a physician prior to my participation in any of the yoga classes, coaching, programs, memberships, services, or workshops and any activity offered by Rose Composite LLC/Alicia Rose Becker. You understand the risks associated with the activities offered and agree to follow instructions so that you may safely participate in classes, workshops, or other activities. You hereby waive and release Alicia Rose Becker and Rose Composite LLC along with its representatives, employees and instructors from any claim, demand, cause of action of any kind resulting from or related to participation in the programs offered through Rose Composite LLC/Alicia Rose Becker. In taking part in the yoga classes, workshops, or other activities and workshops/coaching/classes/activities done with Rose Composite LLC/Alicia Rose Becker in any location, You understand and acknowledge that you are fully responsible for any and all risk, injuries, or damages, known or unknown, which may occur as a result of my participation in the classes, coaching, workshops or other activities. You have read the above release and waiver of liability and fully understand its content. You are legally competent to sign and voluntarily agree to the terms and conditions stated. Please practice mindfully and enjoy the many benefits of practicing yoga, services, programs, retreats, meditation and other offerings with Rose Composite LLC/Alicia Rose Becker.