This Services Agreement (“Agreement”) is entered into as of __________, 2017 (“Effective Date”), between Renew-Wellness Holistic Institute, having its principal place of business at 60 Diamond Street, San Francisco, California 94114, and Mr/Ms. _________, residing at ___________________________ (“Student”).
THEREFORE, the parties agree as follows:
Renew-Wellness will provide the Services to Student in accordance with this Agreement. The term “Services” means and includes the services checked by the Student from the list of services offered by Renew-Wellness on the subscription page of the Renew-Wellness website, www.renew-wellness.org (“Site”), or on an exhibit to this Agreement, (such page or exhibit, the “Subscription Page”). The Services may be offered as following:
As part of an Online Course or a Workshop, Renew-Wellness may offer for sale or provide free of charge certain materials in form of written documents, drawings, books, illustrations, notes, video recordings, music clips, sound samples or other proprietary materials (collectively, “Materials”). Renew-Wellness may also offer for sale Materials prepared by Rene Diaz relating to his wellness techniques and treatments separate from the Services offered. Materials will be made available either on the Site or at the Workshops.
Student is not allowed to bring (and will not bring) any food or drink items, liquids of any kind or any other products that could potentially cause bodily harm or damage the equipment, supplies or other materials at the venue (e.g., the carpet). Student will not engage in any rude, offensive or disruptive behavior and will use Student’s best efforts to contribute to a healthy learning environment. Student may not videotape, record or take photos of the Online Courses or the Workshops. If Student fails to comply with the obligations set forth in this Section 6, Renew-Wellness reserves the right to require Student to pay for any damages caused (e.g., cleaning fees for cleaning the damaged carpet or penalties incurred by Renew-Wellness for damage to any property at the venue), or require that Student leave the Workshop, without a refund of any Fees, as determined solely by Renew-Wellness in each case. Student may not independently take video recordings, audio recordings, or photographs of or any part of the Services or Materials.
Student will defend, indemnify and hold Renew-Wellness harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) (collectively, “Claims”) arising out of or resulting from any third party claim based on: (i) any expenses incurred by Renew-Wellness due to accidents caused by or otherwise attributable to Student or to the negligence, willful misconduct or other culpable acts or omissions of Student, and (ii) physical injuries or bodily harm suffered by anyone by virtue of Student performing any therapies based on what Student learned from Renew-Wellness, including without limitation from the Services or Materials.
This Agreement will be governed by the laws of the State of California, excluding its body of law controlling conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Renew-Wellness will not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of the Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Renew-Wellness, including, without limitation, acts of God, governmental actions, or restraints or delays affecting availability of the venue, or repairs in the venue which make it unsafe for Renew-Wellness to provide Services, or similar circumstances (“Force Majeure Event”). The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. This Agreement and the Subscription Page constitute the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersedes any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
The parties have executed this Agreement as of the Effective Date.
List of Services:
|Deep Tissue Massage||$350|
|Massage for Lower Back Pain||$250|
|Massage for Upper Back Pain||S250|
|Clinical Thai Massage Level 1||$750|
|Clinical Thai Massage Level 2||$750|
|Self Therapy Workshop||$175|
* Prices are subject to change.
** Customized courses may be available.