- WAIVER AND RELEASE OF LIABILITY FOR COACHING & COURSE MATERIALS
- NOTICE OF HEALTH INFORMATION & WARNINGS
- TERMS OF SERVICE FOR WEBSITES, SOCIAL MEDIA, & APPS
Waiver and Release of Liability for Coaching & Course Materials
All coaching services and communication, email or otherwise, delivered by Wildist Inc, it’s employees and contractors (your “Coach”), as well as information set forth on your Coach’s websites and social media channels are meant to help you identify the areas in your life and in your thinking that may be standing in your way. However, coaching is NOT professional mental health care or medical care. If you are psychologically or physically distressed, seek appropriate professional help. Coaching may augment your life, but the work of coaching is NO substitute for medical care. By purchasing coaching services from your Coach, you confirm that you have read and agree to each statement and that you wish to proceed:
- I understand that the coaching services I will be receiving from my Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions.
- I understand that my Coach is not acting as a mental health counselor or a medical professional.
- I understand that coaching is an unregulated industry and that my Coach is not licensed by the State of New Mexico or any other state. I also understand that for all legal purposes, the services provided by my Coach will be considered to be provided in the State of New Mexico.
- I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, including my choices and decisions.
- I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, financial advice, legal advice, or substance abuse treatment, and I will not use it in place of any form of therapy or professional legal and financial services.
- I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving my defined goals. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals.
- I understand that to the extent our work together involves career or business, my Coach is not promising outcomes included but not limited to increased clientele, profitability and or business success.
- I understand that my Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.
- I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype, Google Hangouts, and other technology.
- I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees 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 myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship 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.
By purchasing our products and/or using our content or services you affirm that you have read and agree to the above Coaching Waiver and Release of Liability.
Notice of Health Information and Warnings
Wildist programs may not be for everyone. Read the information below carefully and completely to find out if Wildist programs are appropriate for you. For additional information, please contact us to discuss your participation.
We are excited that you are going to participate in a Wildist program (the “Program”). Many participants have found the Program to be enjoyable and valuable. However, the Program is not advisable for everyone. The purpose of this Notice is to ensure that you are not one of the people for whom this Program may be inadvisable.
We will assume from your participation in the Program and from your acceptance of these terms that you have a full understanding of each and every paragraph which follows and that you understand our recommendations and will comply with our instructions. You and you alone are responsible for your choice to participate in the Program and for your own health and well-being at all times prior to, during and after your participation in the Program.
The experience of the Program is unique to each individual and because Wildist strives to create situations that push participants beyond their normal comfort zondes, It is normal for some people to experience intense or unfamiliar emotions from time to time, such as fear, anger, sadness, regret, hatred, irritation and impatience. For most participants, exploring thoughts and feelings that they have not fully explored before is a useful and positive learning experience. Some participants have found that exploring life’s issues honestly may evoke uncomfortable and unpleasant feelings. For others, the Program may occur as physically, mentally and emotionally seriously distressing. If you are unwilling to encounter any of these powerful experiences in yourself or in others, or if you have any concern about your ability to deal with such experiences, WE STRONGLY RECOMMEND THAT YOU DO NOT PARTICIPATE in the Program.
Stress & Mental Health
Some people experience temporary and not seriously consequential stress during and after the Program. For most people, stress is a normal part of everyday life. However, people who have a history of mental illness or serious emotional problems personally or in their immediate family may be more vulnerable to stress and may experience additional and very severe physical, mental or emotional problems. In people who have physical, mental or emotional problems, even normal amounts of stress from any source may generate severe physical, mental or emotional problems. If you have any history of mental illness or emotional problems personally or in your immediate family, whether temporary, occasional or intermittent, and whether treated or not, or have concerns about your ability to handle stress, WE STRONGLY RECOMMEND THAT YOU DO NOT PARTICIPATE in the Program. If you are uncertain about whether this applies to you, we advise you to discuss this with a mental health professional before participating in the Program.
While it is ultimately your choice, WE STRONGLY RECOMMEND THAT YOU SHOULD NOT PARTICIPATE in the Program if you: have a personal or family history of bipolar affective disorder (manic-depressive disorder), schizophrenia, acute or chronic depression or other psychotic disorder, whether or not you or they are being or have ever been treated or hospitalized; are taking, have taken or been prescribed to take within the previous twelve months anti- anxiety drugs (such as Librium, Ativan, Klonopin, Xanax, Dormicum or others); anti- depressants (such as Elavil, Prozac, Zoloft, Celexa, Cipram, Prothiaden or others); anti-psychotics (such as Thorazine, Haldol, Stelazine, Risperdal, Zyprexa, Dogmatil or others); any medication to treat bipolar disorders (such as Lithium, Gabapentin or Depakote); any drugs or medicines, whether prescription or non-prescription, intended to treat or affect mental processes or mood or to treat a chemical imbalance; or anabolic steroids; have an unresolved history of drug or steroid abuse; are or have in the past year been depressed and/or considered or had ideas of suicide, self-harm or harm to another; are currently in therapy and your therapist sees a health reason why you should not participate in the Program; or are uncertain about your physical, mental or emotional ability to participate in the Program. From time to time, during or shortly after participating in the Program, a very small number of people who have no personal or family history of mental illness or drug abuse have reported experiencing brief, temporary episodes of emotional upset ranging from heightened activity, irregular or diminished sleep, to mild psychotic-like behavior. An even smaller number of people have reported more serious symptoms ranging from mild psychotic behavior to psychosis occasionally requiring medical care and hospitalization. The Program is designed for people who clearly understand they are responsible for their own health and well-being before, during and after the Program.
It is not therapeutic in design, intent or methodology and is not to be used as a substitute for medical treatment, psychotherapy or health program of any nature, regardless of what you may believe or have heard from anyone. We advise you that Wildist staff and people who assist at the Program are not mental health professionals and there will not be any mental health professionals in attendance. If you experience any symptoms or suggestion of mental distress in the Program, you must immediately inform Wildist staff. In such event, you and the Wildist staff person will discuss the matter and determine what is the appropriate thing for you to do. If you experience any symptoms or suggestions of mental distress outside of the Program, we strongly recommend that you immediately inform a physician or mental health professional.
If you have a medical condition requiring you to eat or care for some special need, please notify the Wildist staff before the Program begins so that appropriate arrangements can be made for you. If you have not been feeling well or if you have been meaning to see a physician or a mental health professional for some complaint, symptom or concern, or if you have had difficulty sleeping lately, or been depressed, it is imperative that you consult with a physician or mental health professional prior to your participating in the Program.
Although the schedule of the Program usually (but not always) accommodates sufficient time for sleeping, some participants have stated that they did not have sufficient time to sleep or were unable to sleep at night before, during or after the Program. Some people have entered the Program without having had sufficient sleep. For some people, lack of sleep can become a serious problem and may be symptomatic of a mental or emotional illness. If in the past you have become (or think that you may become) ill or seriously distressed because of lack of sleep, WE STRONGLY RECOMMEND THAT YOU DO NOT PARTICIPATE in the Program.
TERMS OF SERVICE FOR WEBSITES, SOCIAL MEDIA, & APPS
This website is operated by Wildist Inc. Throughout the site, the terms “we”, “us” and “our” refer to Wildist Inc offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wildist Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wildist Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Santa Fe, NM, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Contact us here for questions about the Terms of Service.
SECTION 21 – Auto-Renew Official Terms and Conditions
Auto Renew allows you to easily maintain your membership by automatically renewing you to an equal or equivalent level of membership at the end of each membership term.
By contributing towards a Wildist Inc membership you are signed up with Auto Renew or opting-in to Auto Renew your existing membership upon the date it expires. By providing your credit card billing information, you agree that your membership will automatically renew for successive renewal terms. You also expressly authorize and permit Wildist Inc to bill each membership renewal contribution to the credit card you have provided until you cancel Auto Renew, your billing information changes, or Wildist Inc discontinues Auto Renew. In the event that the initially provided credit card information is no longer valid you expressly authorize and permit Wildist Inc to bill the next available credit card on your account matching the initial billing name provided.
No later than thirty (30) days before the expiration of your annual membership, Wildist Inc will send an email notification (“Notice”) regarding the pending auto renewal of your membership. You have thirty days to send Wildist Inc notice at that you decline automatic renewal of your membership.
Should you fail to send us notice declining auto renewal charges for your membership. you will have an additional sixty (60) days from the date of auto-renewal to email us notice of cancellation your membership without penalty (“grace period”). If you do not send notice of cancellation of your membership within the grace period, your membership shall be renewed on the terms set out in your Notice. After the grace period, the auto-renewal membership fee is nonrefundable. Opting-out of auto-renewal will take effect upon the next membership cycle and is not retroactive to any previous payments.
Wildist Inc will email your Notice to the primary email address associated with your membership. You are responsible for ensuring that the email address on file is current and accurate and that you are able to receive emails from Wildist Inc.
A credit card is required. We will charge the credit card used for your initial membership application. Please update us if your payment information changes. Should a credit card be declined, the member will be notified by email or by phone by a Wildist Inc representative. If the payment method is not updated within 10 business days of notification, Auto-Renew will be de-activated and re-enrollment will be required either by phone or online.
Wildist Inc reserves the right to change membership dues rates. Any changes to membership dues will be noted in email notification.
All membership payments will be processed in U.S. dollars.