Mindful Moms Group Program Agreement
Thank you for joining Megan MacCutcheon for the Mindful Moms Group Program, which begins September 14, 2021 and ends December 17, 2021.
This is your terms of sale & contract. Please read it carefully before checking the agreement box above.
I. THE BASICS:
This is a legally binding contract by and between Megan MacCutcheon, LLC (“Company,” “Megan”) and Client of Mindful Moms Group Program (“Client,” “You”).
- You are securing one of a limited number of spaces offered in this round of Mindful Moms.
- The Price is $700 (US Dollars), payable in advance or in four installments of $200. PLEASE NOTE: This is not a monthly membership program with the option to cancel further monthly payments. The payment plan option is simply the opportunity to split your payment.
- We make it easy to understand what it is like to do business with Megan MacCutcheon, LLC. Please check out the Company Policies (available via Website footer) before signing this Agreement. Those policies are incorporated by reference and are made a part of this Agreement even though they are not spelled out in this document.
- This Agreement [and all referenced and incorporated forms and policies, Facebook Group rules, and the Credit Card Authorization] are the entire agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.
- Confidentiality: Client and Megan MacCutcheon agree to hold any Confidential Information received from any participant in the group in the strictest of confidence. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential. Please note that as a Licensed Professional Counselor, Megan MacCutcheon is considered a mandated reporter and there are some exceptions to confidentiality in order to protect you and others. A full list of exceptions is provided in the Notice of Privacy Practices document Megan uses in her counseling practice. However, a brief list of such exceptions include danger to self or others, abuse of children and/or adults, orders of the court, social service referrals, and delinquent accounts.
II. THIS IS WHAT YOUR GROUP PROGRAM INCLUDES:
- Private Facebook Community. You will have access to the exclusive Facebook Group, where you can submit questions, seek advice, share mom fails and mom wins, and get support from others. Megan will participate in the Group through December 17th, 2021 with occasional engagement prompts, resources, and other information as the group needs dictate.
- Weekly Group Calls. You will have access to a weekly group call between September 14th and December 14th, 2021 on Tuesdays at 1 PM for an hour to an hour and a half, where Megan will be present to answer questions, guide group discussions, and present material on various topics such as building self-esteem, setting boundaries, and practicing self-care. Guest experts may occasionally join calls.
- Access to the Membership Area. You will receive access to an online membership area, which includes written, video, and audio materials to view at your leisure.
- Resources & Referrals. You will be provided with resources and referrals to help you navigate any specific challenges you or your baby may be facing.
III. THE FOLLOWING ARE *NOT* INCLUDED:
- Ownership of Written Materials. As a participant, you will have one license to view written materials provided by Megan MacCutcheon LLC. You do not have ownership of this information, which is protected by federal copyright laws. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of Megan MacCutcheon, LLC, which it may withhold for any reason.
- Trademark Usage. Megan MacCutcheon, LLC protects its names. You are not receiving permission to use trade and service marks of the Company.
- Results Not Guaranteed. You are receiving a space in the program, support and guidance, but not guaranteed results from participating in the program.
IV. Additional Legal Terms:
- There is a NO REFUNDS POLICY. By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed and obligated to pay according to the schedule in Section I.2 of this Agreement through the end of the Term. Megan MacCutcheon, LLC considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, Megan MacCutcheon, LLC may issue an additional $250 fee to you.
- Disclaimer of Warranties. Participant understands the Group Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation.
- If we get sued due to something you did. You agree to indemnify, defend and hold harmless Megan MacCutcheon, LLC its affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other action taken or permitted to be taken by you where such liability arises from negligence on your part or the violation of this Agreement. This includes any liability arising from breach of confidentiality by any party.
- Damages are limited under this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.
- No Professional Advice. The Company does not engage in the rendering of medical, legal, accounting, or financial services. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this program, you should consult licensed professionals as applicable.
- This is Not Therapy. While Megan is a licensed professional counselor and certified perinatal mental health clinician, this group is not meant to provide or replace individual therapy. She will share many of the same tools and resources taught to thearpy clients; however these are meant for educational and self-help purposes and not as a substitute for more individualized treatment. If you are struggling with a mental health diagnosis and need additional professional support, Megan will make referrals to an appropriate clinician in your area. If you feel you would benefit from additional support, please reach out at any time for referrals. Your request will be kept confidential. Please note Megan cannot offer 1:1 therapy appointments unless you are located in the state where she is licensed (Virginia). If you are located in Virginia and need additional support, you can discuss with Megan whether working together in therapy is an option. If there is reason to believe a dual relationship is not in your best interest, Megan will provide you with referrals to other, local perinatal mental health clinicians.
- No Guarantee of Results; Risk of Loss. Results from the group program are greatly dependent upon individual decisions, abilities, and other factors outside Company’s control, and the Company makes no guarantees or warranties that information provided to you through the Program will provide results.
- Megan MacCutcheon, LLC can end your participation in the program. Company may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate.
- Virginia law governs this Agreement and it will be enforced by either party in Virginia. This Agreement will be governed by Virginia law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in Fairfax County, Virginia.
- No Assignment; No oral waivers or modifications. This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by the Company.
- Electronic Signatures and Other Documents. You agree that your electronic consent is valid and binding evidence of your assent to the terms of this Agreement.
- No relationship. The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.
List of Additional Terms:
- This agreement
- Privacy policies
- Facebook policies
If you have questions about this agreement, please email [email protected]