Forward Momentum Course Waiver
Our Terms and Conditions were last updated on July 01, 2025.
I acknowledge that I have voluntarily applied to participate in FORWARD MOMENTUM (the “Coaching Sessions”) hosted by Power of Healing, LLC (the “Studio”), and it is my responsibility to fully understand the Terms and Conditions for the Coaching Sessions as listed below.
Should I have questions regarding the Terms and Conditions, the Studio is available for consultation and would be happy to clarify any areas in advance of signing a contract.
Payment Terms
All prices are per person and are set well in advance of the Coaching Sessions start date. Prices include the Coaching Sessions costs only; they do not include travel costs to and from the Coaching Sessions. Payment can be made by credit card or ACH transfer via the website via Stripe. I understand that if I selected a payment plan option I am responsible for completing all payments of the payment plan. If there is any error or delay with my automatic credit card or ACH payments I will work to resolve them immediately.
Coaching Terms
I acknowledge and agree that I am solely and exclusively responsible for creating and implementing my own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and interactions with the Studio. As such, I agree that the Studio is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Studio. I understand coaching is not therapy or medical advice and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Participant Cancellations
Once any material related to the Coaching Sessions has been distributed (websites, documents, audio and video recordings, etc.), there are no refunds. Exceptions to our cancellation policy cannot be made for any foreseeable or unforeseeable reason, including natural disaster, act of war or terrorism, riot, civil unrest, labor condition, governmental action, pandemics or other health crises, or personal health changes or emergencies. No refund will be made for missing any of the scheduled Coaching Sessions; all sessions will be recorded and distributed to participants.
Studio Cancellations
The Studio reserves the right to make any changes deemed necessary; including, but not limited to: advertised classes, seminars, excursions, arranged transportation, and meals. The Studio reserves the right to cancel any and all of the Coaching Sessions for any reason, with as much notice as possible. If the Studio cancels a single Coaching Session, the Studio will offer a transfer to another offering of the Studio. If the Studio cancels all of the Coaching Sessions, participants will receive a full refund. The Studio is not responsible for any expenses or damages incurred as a result of a cancellation including preparation costs, travel costs, and gear purchases. I will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses, or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation.
Assumption of Risk
I acknowledge that I have voluntarily enrolled to participate in the Coaching Sessions and that the activities associated with the Coaching Sessions may be inherently dangerous. By participating in the Coaching Sessions, I assume all associated risks. I recognize that I must be in good physical and mental health to participate in the Coaching Sessions. I am aware that participation could, in some circumstances, result in abnormal blood pressure, fainting, heartbeat disorders, physical injury and potentially heart attack. I also understand that I could experience muscle, back, or bone injuries during exercise. I understand that the Coaching Sessions requires physical exertion and I represent and warrant that I am physically fit and I have no medical condition which would prevent my full participation in the Coaching Sessions. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Coaching Sessions. If I have consulted a physician, I have taken the physician’s advice. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. I understand that it is my continuing responsibility to inform the Studio of any medical conditions, injuries, or surgeries. I understand that the Studio reserves the right in its absolute discretion to refuse my participation in the Coaching Sessions on medical or fitness grounds. I agree I will be fully and financially responsible for my own physical condition and well-being during the Coaching Sessions and will follow the safety precautions and instructions prescribed by the Studio.
If a person who is not a registered participant in the Coaching Sessions joins a virtual class from your home (a friend, family member, etc.), I will notify Nicole 24 hours in advance and help ensure the person signs a participation waiver.
Confidentiality
This coaching relationship, as well as all information (documented or verbal) that I share with the Studio as part of this relationship, is confidential, however, the coach-client relationship is not considered a legally confidential relationship and thus communications are not subject to the protection of any legally recognized privilege. Confidential Information does not include information that: (a) was in the Studio’s possession prior to its being furnished by me; (b) is generally known to the public; (c) is obtained by the Studio from a third party, without breach of any obligation to me; (d) is independently developed by the Studio without use of or reference to the my confidential information; or (e) the Studio is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Studio and as a result of such disclosure the Studio reasonably believes there to be an imminent or likely risk of danger or harm to me or others; or (g) involves illegal activity.
Intellectual Property
I agree that all inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created, or developed by the Studio will remain the sole and exclusive property of the Studio. No intellectual property is deemed to have transferred to me through the Coaching Sessions.
Permission For Media Capture and Use
Photography and videography may be taken at the Coaching Sessions. By participating in the Coaching Sessions, I grant to the Studio the right, but not the obligation to photograph me. I give the Studio permission to use my name, likeness, or written or verbal testimonial, in all or in part, in any and all forms and media and for any legitimate purposes.
Release and Waiver of Liability
In further consideration of being permitted to participate in the Coaching Sessions, I knowingly, voluntarily and expressly waive any “Claims” (as defined below) I may have against the Studio, instructors, employees, agents or volunteers or any of their affiliated organizations (each, a “Released Party”) for any Claim that I may sustain as a result of participating in the Coaching Sessions at the Studio even if the Claim arises from the carelessness or negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else. “Claims” include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, property damage, personal injury, mental suffering and distress, or death that I may suffer, my children may suffer or that my unborn child may suffer (including any legal fees or expenses) arising out of or in connection with participation in any Activity or intended Activity, or otherwise following instructions in or out of class or at any other location (anywhere).
Indemnification
I will indemnify and hold harmless Studio (including Studio’s officers, directors, and principals, employees, agents, representatives, attorneys, successors, receivers, insurers, representatives, and assigns) from any and all claims, including without limitation costs, expenses, and attorneys’ fees, arising out of or relating to (i) my conduct during the Coaching Sessions or (2) my breach or alleged breach of these Terms and Conditions or my representations and warranties hereunder.
Governing Law and Dispute Resolution
This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of New Jersey, without regard to any conflict of law principles. The Parties shall first try to resolve any disputes amicably and in good faith. In the Coaching Sessions that a dispute is not resolved informally, the Parties agree that any disputes arising out of or related to this Agreement, including but not limited to its making, shall be resolved exclusively by arbitration before the JAMS, Inc. with any arbitral hearings to be conducted physically in Sayreville, NJ or virtually if hearings are not being held physically such location at the applicable time. The Parties consent to the exclusive jurisdiction of the State or Federal Courts of New Jersey for the purpose of arbitral award enforcement.
Miscellaneous
These Terms and Conditions will bind my heirs, next of kin, executors, administrators and assigns. In the Coaching Sessions any term or condition of these Terms and Conditions is determined to be invalid, prohibited or unenforceable by a court or other body of competent jurisdiction, these Terms and Conditions shall be construed as if such invalid, prohibited or unenforceable term or condition has been more narrowly drawn so as not to be invalid, prohibited or unenforceable; provided that, notwithstanding the foregoing, in the Coaching Sessions that any term or condition contained in these Terms and Conditions should be determined to be invalid, prohibited or unenforceable, the validity, legality and enforceability of the remaining terms or conditions contained in these Terms and Conditions shall not in any way be affected or impaired thereby.
I acknowledge that I have carefully read these Terms and Conditions for the Coaching Sessions and fully understand its contents. I am aware that by agreeing to these Terms and Conditions, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against any Released Party.