Terms & Conditions

 

TERMS AND CONDITIONS OF USE

(Last Updated on June 1, 2024)

OVERVIEW

This is an Agreement between Jessica Calderon, (“Yoga Teacher / Energy Shaman / Spiritual Lifestyle Mentor”) in her capacity as owner of The J Way LLC (“Company”) and you, the Clients / Customer, for all services listed on this website (“Service”) such as spiritual mentorship, energy work, breathwork, meditation, somatic yoga, traditional yoga, memberships and all events / ceremonies + workshops.

All sales are final. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product or service for which these terms appear ("Product," “Service,” “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Jessica Calderon ("Owner") or The J Way LLC (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:

DISCLAIMERS

The Energy Shaman / Mentor is not a medical professional, licensed therapist, counselor, mental health provider, psychiatrist, psychologist, or other agent of Client.

All Services include no guarantees as to Client’s / Customers results simply by participating in the Services. Customer acknowledges that, as with any endeavor and investment, there is an inherent risk associated. Client / Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Services. Client agrees to indemnify and hold Company harmless for any claims that may arise related to participation in this Services.

SCOPE OF SERVICES

This Service includes the following:
Any type of Yoga, Breathwork + Meditation Sessions, Energy Healing Sessions, Group Events (Ceremonies + Workshops), Group Parties and/or Day Retreats, 1-1 Private Mentorship, Membership participation and any other services listed on this website.

Breathwork Disclaimer: Energy Shaman / Mentor does not represent the Services as any form of health care or psychotherapy, and despite research to the contrary, by law Energy Shaman / Mentor may make no health benefit claims for said Services. Client hereby acknowledges that breathwork is not a substitute for medical care, as breathwork neither diagnoses nor treats any medical conditions. Instead, breathwork provides tools for you to complement your medical or other treatments. If any medical symptoms persist or progress, even acutely, you hereby agree to inform your medical provider immediately and seek medical attention. You also hereby agree to notify Energy Shaman / Mentor with any updates to your medical condition after beginning Services and to indemnify Energy Shaman / Mentor of any health issues that may persist or progress whilst working with Energy Shaman / Mentor.

RESCHEDULING

Company has a strict rescheduling policy to respect the time and limited resources of all parties. All rescheduling requests must be made in writing no later than 24 hours prior to the scheduled session and must include a proposed time to reschedule. Failure to comply with this policy may result in forfeiture of the session with no money back.

PAYMENT

(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Services, regardless of what payment option Client selects at checkout.

(b) If Client selects a payment plan option, Client authorizes Company to charge the card or account used at checkout to complete all payments pursuant to the payment plan.

(c) Company reserves the right to collect any and all monies owed by Client to Company for the Services, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.

REFUNDS

Due to the nature of this Service, there are no refunds permitted under any circumstance. Dissatisfaction or disapproval with Energy Shaman / Mentor or Company’s methods is not a valid reason for a refund or excuse to make remaining payments due & owed under this Agreement.

CONFIDENTIALITY

Client agrees to keep Company’s proprietary information confidential. “Confidential Information” includes, but is not limited to:

· Any systems, sequences, processes or steps shared with Client;

· Any information disclosed in association with this Agreement;

· Any trade secrets in connection with the Service or Company’s business practices.

Company promises to value your personal and business information and keep such information confidential. However, by purchasing the Services, Client hereby agrees to Company sharing Client’s general wins as a testimonial on Company’s website, social media accounts, and other marketing platforms.

INTELLECTUAL PROPERTY

This Product contains information that is the intellectual property belonging to Company and to third-parties that license some intellectual property to Company. Company provides Client with a non-exclusive, non-transferrable single-user license authorizing Client to use the materials for their individual purposes only. Client may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Company.

INDEMNIFICATION / LIMITATION OF LIABILITY

Client hereby acknowledges that neither Energy Shaman / Mentor nor The J Way or the studio of which we are participating at: Joiful Yoga Studio,  is not liable for any injuries that may arise from participants personal decisions based off of his/her participation in this program. Participant hereby agrees to indemnify and hold harmless both Energy Shaman  / Mentor and The J Way  of any claims that may arise after participation in the Event / Ceremony.

MEDICAL ACKNOWLEDGMENT AND RELEASE

I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, light-headed, 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 The J Way’s events / ceremonies / workshops 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) Jessica Calderon and The J Way  (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, 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.

MISCELLANEOUS

Entire Agreement - This Agreement reflects the entire agreement between the Client and Company related to the Services discussed herein.

Choice of law - The governing law for this Agreement is the State of Georgia, United States.

Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.

All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.

Term - The Term of this Agreement shall be effective from the date of execution until Services are rendered.

Termination - Client dissatisfaction with Company and/or Energy Shaman / Mentor’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Services, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Services at checkout and executing this Agreement.