Terms & Conditions

Membership Agreement

 By Accessing PowerPassionFreedom with Leana & Staff Members herein referenced as Staff, you (the Client) agree to be bound by the terms of this agreement.

THIS SERVICE AGREEMENT is made Staff and the client (“Client”).

WHEREAS, Client desires to receive certain consulting services from Staff, and Staff desires to provide such services on the terms and conditions set forth herein.

NOW, THEREFORE, or mutual consideration, the receipt and sufficiency of which is hereby acknowledged,

Client and Staff hereby agree as follows:

1. Description of Services.

Staff agrees to develop and provide the services set forth in this agreement.

2. Delivery of Work.

Staff and Client agree that the Services shall be provided on such dates as the parties hereto in good faith mutually agree to.

3. Methodology.

In providing the Services, Staff will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open minded and partake in methods proposed. Client understands that Staff makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Staff are not responsible for any client’s health issues or beliefs and in no way does Staff advise on client’s health status, pharmaceutical usage and or medical treatments or procedures.   Staff are not financial analyst or psychotherapist, physician, or the client’s pharmacist.  Client’s Take full responsibility for all personal beliefs, creation & actions on their behalf in all aspects of their life.    

4. Credit Card Authorization

Client acknowledges that Staff, in consideration for the Services, will charge the credit card chosen by Client on the dates and for the amounts specified by Staff .

5. Compensation

Client agrees to compensate Staff according to the payment schedule as offered by Staff. The parties hereto agree that Client’s failure to make or permit payments will cause irreparable harm to Staff for which damages would be difficult, if not impossible, to measure, including expenses incurred in connection with losses resulting from any delay. Accordingly, as liquidated damages for losses reasonably expected to be incurred (and not as a penalty) Staff shall charge a 5% (five­ percent) late penalty to all balances that are not paid when due.

6. Refunds.

Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates, as offered by Staff. If Client cancels any Service less than 24 hours prior to Appointment/Service for any reason whatsoever, Client shall not be entitled to a refund.

7. Charge-backs and Payment Security.

To the extent that Client provides Staff with credit card information for payment on Client’s account, Staff shall be authorized to charge Client’s credit card(s) for any unpaid charges. If Client uses a multiple ­payment plan to make payments to Staff, Staff shall be authorized to make all charges at the time they are due and is not required to seek separate authorization to do so. Client hereby agrees not to make any charge-backs to Staff account. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Staff at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on charge-backs and any other fees in connection with Staff collection of payment hereunder.

8. Failed Payments.

In the event Client fails to make any of the payments within the time prescribed, Staff have the right to cancel Appointment/Service.

9. No Transfer of Intellectual Property.

Staff original materials shall be provided to the Client for Client’s individual use only. Client shall not be authorized to use any of Staff intellectual property for Client’s business purposes. All intellectual property, including Staff course materials, shall remain the sole property of Staff. No license to sell or distribute Staff materials is granted or implied. Transfer and distribution of Staff materials is prohibited.

10. No Distribution of Services.

Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third party access to the Services or any other goods and services provided in connection therewith (including course materials).

11. Confidentiality.                                                                                                    

Any and all information shared by Client will be held confidential by Staff.  This includes all discussions and any written materials.  Furthermore, no information will be released to any other individual or agency without specific consent of Client, unless specifically required by law or if there exists danger of harm to Client or someone else.  Staff will make every effort to safeguard personal information, however, there may be situations whereby Staff are not the appropriate individual to provide services and Client may need to be referred to another agency. 

Staff has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s identity. Client will always be contacted for notification prior to any case study or testimonial being published. Client will not be identified by full name.

Staff may use Testimonials on internet and all associated Web sites with Client’s permission only.  Clients agree that an E-Mail permission for testimonial use will be considered legal and binding.  

12. Good Faith.

Each party hereto represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

13. Agreement between Staff and Client.

Client agrees to not withhold any information necessary for Staff to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services.

14. Disclaimer of Guarantee.

CLIENT ACCEPTS AND AGREES THAT CLIENT IS 100% RESPONSIBLE FOR CLIENT’S PROGRESS AND RESULTS FROM THE SERVICES. CLIENT ACCEPTS AND AGREES THAT CLIENT IS THE ONE VITAL ELEMENT TO SUCCESS AND THAT STAFF  CANNOT CONTROL CLIENT. STAFF  MAKES NO GUARANTEE OR WARRANTY THAT THE PROGRAM WILL MEET CLIENT’S REQUIREMENTS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME RESULTS.

THE SERVICES (AS DEFINED HEREIN) AND ALL OTHER GOODS AND SERVICES PROVIDED BY STAFF  HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STAFF  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT THE SERVICES (AS DEFINED HEREIN) OR ANY OTHER GOODS AND SERVICES PROVIDED BY, THROUGH OR ON BEHALF OF STAFF UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

15. Medical Disclaimer.

BY ACCESSING AND USING THIS WEBSITE AND ANY RELATED SERVICES AND/OR MATERIALS YOU ACKNOWLEDGE AND AGREE TO ALL PARTS OF THIS DISCLAIMER. 

POWERPASSIONFREEDOM  & STAFF ENCOURAGES ALL CLIENTS TO CONTINUE TO VISIT AND BE TREATED BY THEIR LICENSED HEALTH CARE PROFESSIONALS  INCLUDING, WITHOUT LIMITATION, THEIR PHYSICIAN, PHARMACIST, PSYCHOLOGIST AND PSYCHIATRIST.  

POWERPASSIONFREEDOM & ALL STAFF ARE NOT ACTING IN THE CAPACITY OF A DOCTOR OR YOUR PERSONAL PHARMACIST, DIETITIAN, PSYCHOLOGIST OR ANY OTHER LICENSED MEDICAL OR RELATED PROFESSIONAL AND ARE NOT PROVIDING MEDICAL CARE, PHARMACEUTICAL CARE, NUTRITIONAL SERVICES, WILL NOT DIAGNOSE, TREAT OR CURE IN ANY MANNER WHATSOEVER ANY DISEASE, CONDITION, PHYSICAL OR MENTAL AILMENT.  ALL INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR OR REPLACEMENT OF MEDICAL CARE, TREATMENT, AND/OR ADVICE OBTAINED FROM AND THROUGH LICENSED QUALIFIED MEDICAL PROFESSIONALS.

THIS WEBSITE AND ANY INFORMATION PROVIDED THROUGH IT IS USED AT THE RISK AND RESPONSIBILITY OF THE CLIENT/ READER AND POWERPASSIONFREEDOM & STAFF ARE NOT RESPONSIBLE FOR THE CLIENT’S/READER’S CHOICES OR ACTIONS RELATING TO THE USE OF THIS WEBSITE, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES,  OR FOR ANY FORESEEN OR UNFORESEEN CONSEQUENCES RESULTING FROM SAME AND POWERPASSIONFREEDOM AND ITS STAFF SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE WHATSOEVER THAT MAY RESULT FROM SAID USE.

POWERPASSIONFREEDOM AND ITS STAFF MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE OR AVAILABLE FOR PURCHASE THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE AT LAW POWERPASSIONFREEDOM AND ITS STAFF DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR PROGRAMS, PRODUCTS AND SERVICES.

16. Limitation of Liability.

BY USING STAFF AS LONG AS DEFINED WITHIN THIS AGREEMENT TO PROVIDE THE SERVICES, CLIENT ACCEPTS ANY AND ALL RISKS, FORESEEABLE OR NON-­FORESEEABLE, ARISING FROM SUCH TRANSACTIONS AND CLIENT’S USE OF THE SERVICES (AS DEFINED HEREIN). IN NO EVENT WILL THE AGGREGATE LIABILITY OF STAFF WITH REGARD TO THIS AGREEMENT, THE SERVICES (AS DEFINED HEREIN), OR ANY OTHER GOODS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID BY CLIENT TO STAFF UNDER THIS AGREEMENT. ALL CLAIMS AGAINST STAFF MUST BE LODGED WITH THE ENTITY HAVING JURISDICTION WITHIN 100 CALENDAR DAYS OF THE DATE OF THE EVENTS FIRST GIVING RISE TO THE CLAIM OR OTHERWISE BE FORFEITED FOREVER.

STAFF  SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS OR USE) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Termination.

In the event that Client is in arrears of payment or otherwise in default of this agreement, all payments due hereunder for Services and other goods and services provided or to be provided by Staff to Client shall immediately become due and payable. Staff shall be allowed to immediately collect all such sums from Client and, at Staff option, terminate providing further services to Client and/or this agreement. In the event that Client is in arrears of payments to Staff, Client shall be barred from using any of Staff services. In addition, Staff may, at any time and without cause, terminate this agreement, at which time any and all amounts representing Services and other goods and services actually provided by Staff to Client shall immediately become due and payable.

18. Indemnification.

Client shall defend, indemnify, and hold harmless PowerPassionFreedom & its Staff, staff, employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever ­ including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Services and other goods and services in connection herewith. Client hereby agrees that PowerPassionFreedom & its Staff, staff, employees, affiliates, agents, representatives successors and assigns shall not be liable for any acts or omissions of Staff.

19. Miscellaneous.

Client may not assign or otherwise transfer this agreement, in whole or in part, without the prior written consent of Staff. Any attempt by Client to assign or otherwise transfer this agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.

If for any reason any provision of this agreement is held to be invalid or unenforceable, that provision of this agreement will be enforced to the maximum extent permissible and the other provisions of this agreement will remain in full force and effect.

Any modification or amendment of any provision of this agreement will be effective only if in writing and signed by duly authorized representatives of the parties hereto. None of the provisions of this agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorized representative of such party. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.

Neither party will be responsible for any failure or delay in performing any of its obligations under this agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non­performing party, but such failure shall not exceed thirty days from the date of notice of failure.

The parties are independent contractors and neither this agreement nor any provision hereof shall be deemed to create any relationship of joint venture, partnership, franchise, employment, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

This agreement contains the complete understanding and agreement of the parties hereto and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein. This agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument.

All schedules attached to this agreement will be deemed a part of this agreement and incorporated herein by reference. The term “agreement” refers to this Service Agreement and all of the schedules attached hereto.
Each party represents and warrants that, on the date written and signed below, they are authorized to enter into this Agreement

20. Informed Consent

1. I, the client, volunteer to be involved via audio and/or video chats with the understanding that all said is for entertainment purposes only.

2. I understand all Staff , not a therapist or doctor and that all that is discussed with Staff are for entertainment purposes only.   

3. I will keep an open mind, do my best, and be on time for sessions- as will Staff.

4. Everything I say or write to any and all Staff is strictly confidential unless I disclose that I am about to harm myself or another person (or do something that is against the law). 

5. If I have to cancel a session prior to 24 hours, I will do my best to give any and all Staff as much notice as possible and all involved will do their best to reschedule.  I understand that all my sessions will expire 180 days from receipt of payment, whether I’ve used them or not.

6. I take responsibility for myself, my health and my success.

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