Wild Collective Agreement and Waiver

The Wild Collective, Bend – Community Rules Agreement & Waiver

We are thrilled that you have decided to join The Wild Collective, Bend and to have you in our community. By signing this Community Agreement and Waiver “the Agreement” you are voluntarily entering into a legally binding contract to  participate in our Program. The purpose of this Agreement is to inform you of the activities we will be doing together and what risks are involved. Please read this document carefully and contact us before you sign if you have any questions or concerns. If you do not agree to the terms of this Agreement we will not let you participate in the Wild Collective Program.

1. The Parties.

This AGREEMENT is between:

You (“Client”) and Rainwood Integrative Medicine, LLC (the Facilitator).

2. The Term.

This Agreement becomes effective on September 28, 2023 and will terminate on February 2, 2024.

3. The Wild Collective Program.

The Wild Collective is a supportive community of like-minded women offering health education to help ignite passion and purpose into your life.

The Wild Collective Program (“the Program”) is a 5-month (10 session) women’s health curriculum with lectures, handouts, intentional goal setting and a supportive community of women who want you to succeed.

Our goal is to support you in learning about feminine power from a health perspective to help you connect more with your inner voice and intuition.

4. What We Expect from You.

As a member of the Wild Collective, you agree to:

Respect the community and its members by:

• Contributing to a culture of positivity, kindness and vulnerability
• Allowing others to contribute however they feel comfortable
• Holding space for those being vulnerable
• Trying to make eye contact with those who are sharing
• Leaving your phone and distractions at the door and giving fellow participants your full attention
• Maintaining confidentiality of the material and what community members shared with you during sessions
• Keeping your camera on during Zoom calls unless it is absolutely necessary not to

Show up and be present by:

• Being honest with yourself and with your Facilitator to help you achieve the best results
• Taking Notes: Come to each session with your journal or notebook ready to take notes. Sometimes we will work through exercises or tools that need to be written down. Your notes serve as a record of what we cover and will help you to notice themes and patterns emerge over time, give you reasons to celebrate and see how much progress you’ve made.
• Being Prepared: Come to each session ready to work toward a specific outcome. If necessary, take a few moments to clear your mind and get centered before your session and ensure you’re in a place with no distractions. We will spend the first few minutes to get clear on what we will aim to achieve by the end of the session.
• Keeping Your Commitments: Hold yourself to high standards and take the action that you committed to yourself or your Facilitator. The fastest route to your success and fulfillment is consistent, meaningful action.
• Accepting Accountability: Show up and/or connect on Zoom at the designated time.
• Enjoying the process: Making progress in your life and becoming the person you want to be is an exciting process. Have fun, relax and enjoy the time with your Facilitator.

Due to the group nature of the Program we cannot reschedule meetings for individual participants.

Acknowledgements

• You understand and agree that the Facilitator is not providing services as a naturopathic doctor but as a Facilitator or educator only. You are fully responsible for your physical, mental and emotional well-being during the Program. Any decision you make as a result of what you have learned in the Program is your own choice and responsibility.
• You may choose not to accept or incorporate the information you receive in this Program.
• You may choose to discontinue the Program at any time.
• This Program does not involve a diagnosis of any health issues and is not a substitute for professional medical advice.
• If you are currently under the care of a medical professional including a mental health professional, (“healthcare professional”) you agree to consult with that professional regarding your participation in this Program and any concerns you might have about the Program content prior to your participation in the Program. You agree to consult with your healthcare professional prior to implementing any information you receive during the Program that might interact or conflict with the information provided by your healthcare professional.

5. What you can expect from your Facilitator.

• Your Facilitator will come prepared and deliver an organized curriculum
• Your Facilitator work hard to keep you motivated, on track and inspired
• Your Facilitator will listen to your needs and concerns and support your goals
• Your Facilitator will facilitate meaningful conversations to provide connection within the group.
• Your Facilitator agrees to keep all information that you provide to her confidential unless that information poses a risk of harm to you or another person
• The Facilitator has the right to hire assistants, subcontractors, or employees to implement the Program and these individuals will be held to the same standards of confidentiality and privacy as all members of the Wild Collective

The Facilitator reserves the right to reschedule a session if they are not able to attend and cannot find a suitable replacement.

6. Fees & Payment.

Fees: The Client agrees to pay to the Facilitator either a one time payment of $797.00 or two payments of $415 (once prior to the start of the programs and the second payment prior to class #5) to participate in the Program.

Payment: The Client is not entitled to attend the Wild Collective Program if a payment is pending.

Refunds: This Program is non-refundable. Should the Client wish to cancel her Program, she will not be entitled to a refund.

7. Termination.

The Client may terminate this Agreement at any time. If the Client terminates the Agreement, the client remains financially responsible for the full cost of the Program. No refunds  will  be provided. The Client understands and accepts that even if  she  terminates  this  Agreement,  she is still bound by the obligations contained in this Agreement regarding confidentiality and intellectual property.

The Facilitator may terminate this Agreement if she believes that the Client’s participation in the Program poses a risk of harm to other members of the Program or to the Client. It is at the Facilitator’s discretion to make this determination. The Facilitator may also terminate this Agreement if she discovers that the Client has breached any term of this Agreement. The Client will not be provided a refund if she is removed from this Program for breaching this Agreement.

8. Inherent Risks & Voluntary Acceptance of Risk.

You understand that participating in the Program has inherent risks, some of which are more obvious than others. By signing this Agreement you accept that participation in this Program may bring up subjects that are vulnerable and may give rise to uncomfortable feelings. No participant is obligated to share any information they are not comfortable sharing.

If you have a medical condition for which you are seeking treatment by a medical professional, please consult that professional if you have questions about any of the health information you receive in this Program. The information provided in the Program is not a substitute for professional medical advice and should not be relied upon above the advice of a medical professional.

You accept full responsibility for your choices, actions, and results, and expressly assume the risks of the Program for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated by the Program.

9. Non-Medical Advice.

By signing this Agreement the Client understands that all information in the Program is for educational purposes only and to be used as a guide towards supporting the Client’s health and wellbeing. The information in this Program is not and should not be relied upon as medical advice. None of the information in this Program, including handouts, documents, videos, images or information provided during group sessions is intended to be a substitute for professional medical advice, diagnosis or treatment. Although efforts are taken to ensure that any health information provided in this Program is reliable and supportive, we cannot guarantee that it reflects the most up-to-date medical or health research.

The Client acknowledges and accepts that the Facilitator is not acting in the capacity of a healthcare professional including a physiotherapist, nutritionist or naturopathic doctor and that none of the information provided in this Program has been created specifically for the Client or to suit the Client’s individual needs or concerns. The Facilitator will not diagnose, treat or cure in any manner whatsoever any disease, condition, physical or mental ailment the Client may have and it is at the Client’s discretion to accept and integrate the information she receives in the Program as it suits her needs.

Please consult your physician for medical advice. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard or delay seeking professional medical advice or treatment because of something you have learned in the Program or read in the Program materials.

10. Minors.

In Oregon you are considered a minor if you are under the age of 18. By signing this Agreement you acknowledge that you are at least 18 years old.

11. Release, Waiver and Indemnity.

You hereby release the Wild Collective its directors, officers, shareholders, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from all losses, damages, personal injuries or death, howsoever caused including out of negligence, during your participation in the Program.

You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Program. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

12.  Confidentiality.

For the purposes of this Agreement, Confidential Information shall be understood to be any information you share with the Wild Collective and/or your Facilitator which is not shared with the general public.

The parties acknowledge the sensitivity of the Confidential Information and shall not share it with any third party unless specifically directed to do so by the Client, or by a legal obligation. This includes all discussions and any written materials.

The Facilitator will make every effort to safeguard the Client’s personal information. The Facilitator may use the Client’s situation and results or the Client’s testimonials in future work without making reference to the Client’s identity. The Client will always be contacted for notification prior to any case study or testimonial being published. The Client will not be identified by their full name.

The Client understands that all information she hears from other members of the Wild Collective during group sessions is confidential and shall not be discussed outside of the meeting.

13. Intellectual Property Rights.

All Program materials are the intellectual property of the Wild Collective. The Wild Collective retains all ownership and intellectual property rights to the content provided to you during your participation in the Program. Your participation in the Program and receipt of the Program materials does not grant you a license to copy, sell, reproduce or distribute the materials received from the Wild Collective for any purpose whatsoever. The copyrighted and original materials you are provided are for your individual use only. All intellectual property, including the copyrighted Program materials, shall remain the sole property of the Wild Collective. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Program materials.

14. General Disclaimer.

The Facilitator makes no guarantee or warranty that the program will meet the Client’s requirements. The services and all other goods and information provided by the Facilitator herein are provided on an “as is” basis without warranties of any kind, either express or implied. The Facilitator disclaims all warranties, express or implied, arising by law or otherwise, with respect the services or any other goods and information provided by, through or on behalf of the Facilitator 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. Limitation of Liability Indemnification, and Release of Claims.

The Facilitator may not be held responsible in any way for the information that you request or receive through this Program. By signing this Agreement, you fully and completely hold harmless, indemnify and release the Facilitator and the Wild Collective and any of its directors, officers, employees, staff, consultants, agents, representatives or anyone affiliated with the Wild Collective (“Released Parties”) 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 will have in the future against us, arising from your participation in or in any way related to the Program, even if such claim was reasonably foreseeable.

You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Program. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

16. Dispute Resolution.

In the event that a dispute arises between the Parties, both Parties agree to first attempt to discuss the matter via telephone conversation or email. Should the dispute escalate the Parties agree to resolve the through final and binding arbitration before a single arbitrator, selected jointly.

17. Non-disparagement.

Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Facilitator or the Wild Collective, its employees, or agents. The Facilitator shall not make any false, disparaging, or derogatory statements in public or private regarding the Client.

18. General Legal Provisions.

Jurisdiction. This Agreement will be governed exclusively by the laws of the State of Oregon.

Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect.

Entire Agreement. This Agreement, together with the Terms and Conditions, constitutes the entire agreement between the parties.

Modification. Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if evidenced in writing and signed by both Parties.

Assignment. Neither this Agreement nor any other rights or obligations under this Agreement shall be assigned or otherwise transferred.

Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.

Online Signature. We agree that this Agreement may be signed electronically, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

Waiver of Breach. The waiver of any breach of any provision of this Agreement by either Party will not be taken to be a waiver of any further breaches of the Agreement.

Notice. For the purpose of this Agreement, e-mail will suffice for written notice when required as set out above.

Counterparts. This Agreement may be executed electronically and in counterparts, each of which will be deemed an original and all of which taken together shall constitute one and the same agreement.

Independent Legal Advice

The Client acknowledges and agrees:

1. that the Client has fully read and understood this Agreement;
2. that the Client has had the opportunity to obtain legal advice about the Agreement; and
3. that the Client accepts the terms and conditions set out in this Agreement, including but not limited to, those which deal with the waiver of all claims against the Facilitator and acknowledgment that the Facilitator is not offering services as a medical or healthcare provider.

By paying for The Wild Collective program, I agree that I have read, fully understand and agree to be bound by each and every clause in this Agreement and have been given the full opportunity to discuss all implications, legal or otherwise, of this Agreement.