Disclaimer, Waiver of Liability and Personal Responsibility Agreement
Thank you for your interest in working with Akashaschema LLC, dba Melanie Weller (“Melanie Weller”). Using several holistic modalities, Melanie Weller seeks to identify the source of imbalances in the body and provide you with coaching and guidance for self-healing.
As a client of Melanie Weller, you must take complete responsibility for your physical health and emotional wellbeing. These techniques may be used in conjunction with any existing healthcare system, whether traditional or alternative, but are not intended to be a substitute for professional medical advice and competent, regular and appropriate medical care, medical treatment or mental health therapy. You are not advised to discontinue or to avoid medical or psychological consultations and Melanie Weller encourages you to seek the care of other healthcare professionals if you believe such care is required.
You should not discontinue or modify any current medication or treatment without first obtaining approval from a healthcare professional licensed to prescribe medication. If you believe anything related to our services or any related products causes you an undesirable reaction or what could be termed a side-effect, immediately consult with a licensed healthcare professional and cease use of whatever it is you believe may be causing this issue.
Melanie Weller makes no guarantees or warranties related to its services. You agree to disclose to Melanie Weller any and all information that may affect the services that it provides and any products related thereto, and to furnish Melanie Weller with truthful, accurate and complete information.
You agree to take complete responsibility for your physical health and emotional wellbeing and to promptly contact a professional healthcare provider in the event that you believe that you have a medical condition that warrants professional care.
You, on your own behalf and on behalf of your heirs, personal representatives, guardians and any persons deriving their claims through you or on your behalf, hereby waive, release and hold harmless Melanie Weller and its officers, directors, employees, independent contractors, agents and stockholders (the “Released Parties”) from any and all claims, liabilities and damages of any nature or kind whatsoever, related in any way to the products or services provided by or through Melanie Weller .
You also acknowledge and agree that the Released Parties are not responsible for the negligent or intentional acts or omissions of any third party or for any of your own actions or inactions, that the total liability of the Released Parties shall be limited to the total purchase price of any products or services purchased by you from Melanie Weller and that the Released Parties will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages.
If there is any dispute involving this Agreement, the payment of fees, the products or services provided by or through Melanie Weller, or any other matter (the “Dispute”), you agree to first try to resolve the Dispute through direct negotiation with Melanie Weller. If the Dispute is not settled through direct negotiation, you agree to try in good faith to settle the Dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.
You agree to indemnify, hold harmless and defend, the Released Parties from and against, any and all claims, liabilities, damages and expenses of every kind or nature whatsoever arising out of or attributed, directly or indirectly, to your failure to disclose truthful, accurate and complete information relevant to the services provided by Melanie Weller and any products related thereto.
You hereby irrevocably (i) submit to the jurisdiction of the courts of the State of Louisiana and the United States District Court for the Eastern District of Louisiana, for the purpose of any suit, action or other legal proceeding arising out of or in connection with this New Client Agreement and Intake Form (the “Agreement”), the services provided hereunder, or the relationship between you and Melanie Weller created hereby (each a “Proceeding”); (ii) waive, to the fullest extent permitted by law, any objection, constitutional, statutory or otherwise, to the jurisdiction of any such court or from any legal process therein; (iii) agree not to commence any Proceeding other than in the State of Louisiana; and (iv) waive, to the fullest extent permitted by law, any claim that such Proceeding is brought in an inconvenient forum. By entering into this Agreement, you understand that you may be called upon to answer a claim asserted in the State of Louisiana.
This Agreement contains the entire agreement between you and Melanie Weller and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. If any term or condition of this Agreement shall be invalid or unenforceable to any extent or in any application, then the remainder of this Agreement, and such term or condition, except to such extent or in such application, shall not be affected thereby and each and every term and condition of this Agreement shall be valid and enforceable to the fullest extent and in the broadest application permitted by law.
By checking the box associated with this agreement, you acknowledge that you have read, understand and agree to the terms and conditions above and voluntarily consent to participate in coaching sessions with Melanie Weller and to immediately pay the scheduled rate for such sessions. Sessions are non-refundable after time of purchase. Courses are non-refundable after 3 business days from purchase.
The following terms and conditions constitute an agreement between you and Akashaschema LLC dba Melanie Weller. (“Melanie Weller”).
Thank you for your interest Akashaschema LLC dba Melanie Weller, provided by Melanie Weller. In this Customer Agreement (the “Agreement”), you will find important information about this Service, including what is provided through the Service and your rights and obligations with regard to the Service. As used in this Agreement, the terms “we”, “us, and “our” shall refer to Melanie Weller, the owner operator of melanieweller.com (www.melanieweller.com). The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement.
This Service is intended to provide information and community support to individuals and organizations whose professional practices involve assisting others with their overall health and wellbeing. This Service provides you the opportunity to participate in the services, courses, and activities listed at www.melanieweller.com
- Service Descriptions are available on www.melanieweller.com under “Services” and “Courses.”
- During group sessions, Melanie Weller will answer as many questions as she is able. You may submit questions in advance via email to [email protected]. Melanie Weller, in her sole discretion, shall determine which questions she will answer during the Group Healing and Group Coaching. You may only attend the Group Healing and Group Coaching scheduled for Your Group. If you are unable to attend the Group Healing and Group Coaching scheduled for Your Group, you may access a recording of the call. Group Healing and Group Coaching sessions are recorded, and for a limited time are available for replay by all Service participants.
- Membership to the private Heal With Ease Facebook Group (the “Facebook Group”) where Service participants can come together to support each other and share their knowledge and experience. We reserve the right to remove posts and comments we determine, in our sole discretion, are offensive or otherwise inappropriate, and to without warning, remove and block Facebook Group members who, in our sole discretion, post offensive or otherwise inappropriate content. We also reserve the right at any time and for any reason to deactivate the Facebook Group.
We do not guarantee if or when you will be selected to participate in the Service. If you are selected to participate in the Service, we will notify you and provide you alternate days and times from which you may schedule your Private Consultation. If you would like to reschedule your Private Consultation, you must notify us in writing at least two (2) days prior to your scheduled consultation.
Service fees are available on www.melanieweller.com. Fees are non-refundable, and payment in full or payment plan agreement is required before you may participate in any of the Services.
You are your own expert and you are responsible for your own health. You are expected to exercise discernment when applying any techniques learned through Akashachema LLC dba Melanie Weller, and Melanie Weller. This means that should you have any concern or hesitation about applying any of the information distributed through Akashachema LLC dba Melanie Weller, and Melanie Weller you are not required under any circumstances to put yourself at any amount of risk for adverse reactions and you hereby assume all risk for any such adverse reactions.
Nothing learned or provided through this service should be considered to be a promise of benefit, claim of cure, or guarantee of results to be achieved. Nothing learned or provided through this service should be considered to be a recommendation or endorsement. Melanie Weller does not recommend or endorse individuals, businesses, products, tests, or services. Do not disregard medical advice or delay in seeking it because of anything learned or provided through this service. Consult with a licensed healthcare practitioner before altering or discontinuing any current medications, treatment or care, or starting any diet, exercise or supplementation program, or if you have or suspect you might have a health condition that requires medical attention.
The service is provided “as is” and without any express or implied warranties, including without limitation, warranties of reliability, usefulness, merchantability, fitness for a particular purpose, and noninfringement.
The United States Food and Drug Administration has not evaluated any statement, claim, or representation made through this service. The information provided through this service does not necessarily reflect the opinions of Melanie Weller and is not guaranteed to be correct, complete, or up-to-date.
You are responsible for determining the licensing and other regulatory requirements that must be met to legally practice your profession (medical or otherwise), and to comply with those requirements. Neither Akashaschema LLC dba Melanie Weller nor Melanie Weller make any representations regarding such legalities, or whether you or any other service participant is a licensed healthcare practitioner or otherwise eligible to legally practice their profession.
You, and any person or entity acting on your behalf, are prohibited from recording (digitally, electronically or otherwise) your communications with Akashaschema LLC dba Melanie Weller and/or Melanie Weller. However, you are welcome to take written notes during your individual sessions and Group Healing and Group Coaching.
You irrevocably authorize Melanie Weller to make an audio and/or video recording of your Group Healing, Group Coaching, and Group Classes, both in-person and online (the “recording”). You agree that Melanie Weller will own the recording and all rights related to the recording. You irrevocably grant Melanie Weller an unrestricted, exclusive, royalty free, assignable and perpetual right to use, copy and distribute the recording (in whole or in part, alone or with other recordings or information, and in transcript form), as well as your voice, name, image, likeness, and biographical information contained in the recording, in any manner or media without notifying you, and for any purpose whatsoever.
Individual recorded sessions will require your authorization to use for any purpose whatsoever other than documentation and your personal use.
A copyright and all other proprietary rights in the service and its content (including but not limited to software, audio, video, text and photographs) (the “content”) rests with Melanie Weller or its licensors. All rights in the service and content not expressly granted herein are reserved. Any use of the content, including without limitation, distribution, reproduction, modification, display or transmission, without the prior written consent of Melanie Weller is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Release; Limitation of Liability; Indemnification
You, on your own behalf and on behalf of your heirs, personal representatives, guardians and any persons deriving their claims through you or on your behalf, hereby waive, release and hold harmless Melanie Weller and its officers, directors, employees, independent contractors, agents and stockholders (the “released parties”) from any and all claims, agency actions, liabilities, costs, expenses, attorneys’ fees, and damages of any nature or kind whatsoever, arising out of or in any way connected with, directly or indirectly, the service, the delay of or inability to access any information, services, programs, products, or materials available through the service, whether based in contract, tort, strict liability, or otherwise, even if any of the released parties were advised of the possibility of such damages. You acknowledge and agree that the released parties are not responsible for the negligent or intentional acts or omissions of any third party or for any of your own actions or inactions, that the total liability, if any, of the released parties shall be limited to the fee paid by you to us for the service, and that the released parties will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages.
You expressly absolve and release the released parties from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
You agree to indemnify, hold harmless, and defend the released parties from and against, any and all claims, agency actions, liabilities, costs, expenses, attorneys’ fees, and damages of every kind and nature whatsoever, arising out of or attributed, directly or indirectly, to your: (i) failure to disclose truthful, accurate and complete information relevant to the service; (ii) violation of any provision of this agreement; (iii) negligence; (iv) tortious or criminal conduct; or (v) violation of any third-party right, including without limitation any intellectual property or other proprietary right.
You specifically acknowledge and agree that any cause of action arising out of or related to the service must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
Titles and Headings; Independent Covenants; Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement; Electronic Acceptance
This Agreement constitutes the entire agreement between you and Melanie Weller and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement. When you accept, you are representing that you are at least 18 years old and legally able to accept an agreement. If you are accepting for an organization, you are representing that you are authorized to bind that organization. By accepting you are agreeing to every provision of this Agreement whether or not you have to read it.
If you have any questions about this Agreement, please contact us at [email protected].
Last Revised 02/19/2019
Melanie Weller recognizes the importance of protecting information we may collect from visitors to our site. Our policy is to use the information we acquire from visitors to our sites for internal purposes only, and we maintain appropriate security measures to keep this information private.
Users can visit the site without revealing any information about themselves. If one chooses to give us personal information via the Internet for the purposes of correspondence, handling a consultation, registering for a program, purchasing products or subscribing to e-information, then it is our intent to let you know how we will use such information.
If users tell us that they do not wish to have this information used as a basis for further contact, we will respect those wishes.
Melanie Weller takes precautions to keep disclosed user information secure, and such information will not be disclosed to third parties for commercial purposes. To prevent unauthorized access, maintain data accuracy, and to ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.
All materials contained on this web site are Copyright ©2018 Melanie Weller or are licensed or otherwise published by Melanie Weller with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.
The materials posted on this site may be retrieved and downloaded solely for personal purposes (“Authorized Uses”), provided that such Authorized Uses do not include posting, publication, transmission, or dissemination of such materials in digital or electronic form by means of the World Wide Web, e-mail, online services or any other medium now existing or hereafter developed, or the making of more than five (5) printed copies.
No materials contained on this web site may otherwise be copied, modified, published, broadcast, or otherwise distributed without the prior written permission of Melanie Weller. Any reproduction permitted under this Agreement must contain the following notice: “Copyright ©2018 Melanie Weller. All rights reserved.”
The information contained on this web site, or any other web site owned, operated, licensed, or controlled by Melanie Weller, as well as the design and layout of such web sites, contains elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound, or image from this web site may be copied, except in connection with the Authorized Uses described above, without the express written permission of Melanie Weller.
Melanie Weller makes no warranties or representations of any kind concerning the accuracy, suitability or safety of the information contained on this website or any linked site for any purpose. All such information is provided “as is”.
Melanie Weller makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free or that the website / server that hosts the site are free from viruses or other forms of harmful computer code.
In no event shall Melanie Weller, its employees, agents or anyone else who has been involved in the creation, production or delivery of these pages be liable for any direct, incidental or consequential damages resulting from the use of this site or any linked site.
Links to other websites do not imply an endorsement of the materials disseminated at those web sites, nor does a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other web sites are provided by Melanie Weller as a convenience to its users. Melanie Weller is not responsible for the materials contained at any web site linked to this site.
Melanie Weller reserves the right, at its sole discretion, to review, edit, or delete any material posted by users that Melanie Weller for any reason whatsoever determines may be harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, potentially in violation of any party’s rights, or otherwise objectionable.
Notwithstanding the foregoing, Melanie Weller expressly disclaims any responsibility or liability for any material communicated by third parties through this website.
By posting materials to Melanie Weller web site, you authorize Melanie Weller to use, and authorize others to use, any such materials in any manner or medium.
You may not advertise or solicit on this website without the express permission of Melanie Weller.
If you have any questions, concerns or complaints, please contact us:
- By email: [[ [email protected] ]]
- By visiting this page on our website: [[ www.melanieweller.com/contact ]]