Terms and Conditions
Dr. Rose Schlaff offers health coaching and consulting services in-person, online and by phone, Facetime and Zoom. These services are intended to provide general education on pelvic health, sexual health, the science and biology of pain, lifestyle, exercise and nutrition. Health coaching and consulting services also may consist of identifying what services, professionals and resources may be of value to individuals who are pursuing a healthy lifestyle or to seeking help for a health concern.
Dr. Schlaff may provide general advice on nutrition and healthy eating habits. This advice is not intended to substitute for medical advice from a licensed dietician or nutritionist for specific medical conditions. If you require such specific advice, you should seek it from a licensed dietician or nutritionist.
It is also important to understand that although Dr. Schlaff is a licensed physical therapist, her coaching and consulting services are not considered physical therapy interventions and should not be used as a substitute for physical therapy or medical advice.
By engaging in our services, you acknowledge and agree that the education or advice you receive through Dr. Schlaff’s coaching and consulting services are not considered medical or physical therapy advice or constitute a patient-therapist relationship with you. Always seek the advice of your own physician, physical therapist and/or mental health provider regarding any questions or concerns you have about your specific health problems or any medications, herbs or supplements you are currently taking and before implementing any information or suggestions from Dr. Schlaff. Do not disregard medical advice or delay seeking medical advice because of information you have received from Dr. Schlaff. Do not start or stop taking any medications without speaking to your own physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. Any recommendation of any program, service or product is simply offered for educational purposes, and you need to check with your own medical professional before using any of these products on, in or near your body in any way.
You agree that I am not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. For specific questions related to a medical or mental health situation, be sure to consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. By signing this Agreement, you agree that you are also consenting to the full Disclaimer which may be found on my website.
This Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. Dr. Schlaff does not guarantee that you will attain any particular result from her health coaching and consulting services. As with all services, there are sometimes unknown individual risks and circumstances that can arise that cannot be foreseen and that can influence or reduce results. You agree to assume all such risks recognizing that there is a rare chance that illness, injury or even death could result.
There are potential risks with the use of telecommunication technology, including but not limited to: (1) interruption of the audio/video link, (2) disconnection of the audio/video link, (3) video that may not be clear enough to meet the needs of the consultation, and (4) potential of unauthorized access to the live or stored consultation. If any of these occur, the coaching/consultation may need to be stopped and/or rescheduled. Also, we are not responsible for these or other technology problems that we are not in control of.
IN NO EVENT WILL ROSE SCHLAFF OR BE WELL WITH ROSE, LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR CONTENT OR SERVICES EVEN IF DR. ROSE SCHLAFF IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DR. ROSE SCHLAFF’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Scheduling, Rescheduling or Cancellation:
I understand that you have a busy schedule and I take pride in not keeping you waiting or keeping you longer than planned. Each session will end at the agreed upon time period after it was scheduled to begin. Please be on time.
Our time together is important. If the Program Participant needs to cancel or reschedule the appointment, the Program Participant must do so at least 24 hours in advance by providing written notice via text or email to bewellwithrose@gmail.com. For Monday appointments, please notify us of cancellations no later than your appointment time on the Friday preceding your appointment. Otherwise, the Program Participant will forfeit that appointment and will not have an opportunity to reschedule it, this will be considered a Missed Call. You will not be refunded for the cost of the Missed Call.
**Please note: canceling or declining a google calendar invite (which you will receive after scheduling your session) does not count as canceling your appointment. Please be sure to email us at bewellwithrose@gmail.com to officially cancel or reschedule your appointment.
Investment:
You agree that you are financially willing and able to invest in this Program by choice and that by so doing, you are not incurring any economic hardship in any way. You understand that the obligation to pay the full amount is a significant part of the motivation underlying the program. It is designed to enhance the likelihood that you will be motivated to complete and thereby gain the full benefit of the Program.
Missed Payment:
If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3-day grace period to make the payment following the due date, otherwise, your Program will be put on hold. If no payment is made within the 3-day grace period, the Program will automatically terminate and you will no longer be granted access.
Refund Policy:
It is my intention for you to be happy with your Program. However, because I have invested considerable time and effort in your Program, if you decide to withdraw at any time for any reason, you are still fully responsible for making all Program payments, and no refunds will be provided.
Intellectual Property Rights:
I retain all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.
Personal Responsibility and Health Care, Release of Claims:
The Program Participant acknowledges and takes full responsibility for the Program Participant’s life and wellbeing, and all decisions made before, during and after this Program. The Company makes no warranty or representation about whether the Program is suitable or appropriate for the Program Participant, and the Company makes no guarantee that the Program Participant will obtain any particular result.
The Program Participant hereby releases the Company, its owners, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors (collectively the “Releasees”) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which against the Releasees, the Program Participant ever had, now has or will have arising from the Program Participant’s past, present or future participation in the Program, or otherwise with respect to the Program.
The Program Participant expressly assumes the risks of the Program, whether or not such risks were created or exacerbated by the Company or the Health Coach and whether or not such risks were known or unknown at the time of participation.
Limitation of Liability:
In no case shall Company, its owners, 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 out of the Program or any products procured under the Program, or for any other claim related in any way to the Program or any product recommended or sold by Company or Health Coach, including, but not limited to, any errors or omissions in any Program content, or any loss or damage of any kind incurred as a result of the use of the Program or any content (or product) posted, transmitted, or otherwise made available via the Program, even if advised of their possibility. The total liability of the Company for all claims of any kind arising out of this Agreement or the Program, whether in contract, tort, or otherwise, shall be limited to the unused portion of any Program Fee. 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.
Indemnification, and Release of Claims
Program Participant agrees to indemnify, defend and hold harmless Company and its owners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of Program Participant’s use of the Program, or Program Participant’s violation of any law or the rights of a third-party.
You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program Materials, to the extent permitted by applicable law.
Termination:
If either of us desires to terminate the Agreement at any time, we both agree to
notify the other at least 72 hours in advance by e-mail. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.
Notice:
All correspondence or notice required regarding the Program shall be made to me by e-mail at bewellwithrose@gmail.com and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 72 hours of any change.
Entire Agreement, Assignment, Survivability and Waiver:
This Agreement contains our entire agreement. This Agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.
Governing Law:
This Agreement shall be construed according to the laws of the State of California.
Dispute Resolution:
Should we ever have any differences, it is hoped that we could work them out amicably through e-mail correspondence. However, if we are unable to seek resolution in 14 days, we agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the unused portion of the Program Fee made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in San Diego County in the State of California where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
Non-Disparagement:
If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions. By paying your invoice, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. You agree that you have had the opportunity to ask me any questions prior to paying, and your payment indicates that you are in agreement with all of the terms of this Agreement.
COVID-19 Safety Acknowledgment -- Liability Waiver and Release of Claims
COVID-19 SAFETY INFORMATION:
While participating in events held or sponsored by Be Wellwith Rose, LLC, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact. Be Well with Rose, LLC cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in-person events and/or other face to face fundraising activities. By attending an in-person event, you certify that you do not fall into any of the following categories:
1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
DUTY TO SELF-MONITOR:
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact bewellwithrose@gmail.com if they experiences symptoms of COVID-19 within 14 days after participating in an in person event with Dr. Rose and Be Well with Rose, LLC.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation in events with Dr. Rose, and I willingly engage in Be Well with Rose, LLC events and/or other activities (the “Activity”).
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE BE WELL WITH ROSE AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) Be Well with Rose, LLC and Dr. Rose Schlaff (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
By participating in the ACTIVITIES, I hereby grant Be Well with Rose, LLC the irrevocable right and permission to photograph and/or record me and to use the photograph and/or recording for all purposes, including advertising and promotional expenses, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. I further grant permission and waive any objection to the use of any videographic or photographic images taken by me which may subsequently be posted to public social media internet sites, or disseminated to the public. I further grant permission and waive any objection to the use of videographic or photographic images taken by me within the ACTIVITIESwhich may subsequently be posted to public social media Internet sites, or disseminated to the public. I acknowledge that Be Well with Rose, LLC may, at their discretion, utilize these videos or images for business purposes and may do so without any further express consent. I hereby grant Be Well with Rose, LLC permission to use my likeness in photograph(s) in any publications or publicity materials (including but not limited to books, newsletters, videos and Web use), in perpetuity. I will make no monetary or other claim against BeWell with Rose, LLC for the use of the photograph(s).