This is your agreement and contract. Please read it carefully before signing, because you are making an important commitment to working with Vivian Meraki.

Our Coaching Agreement

1. You are securing ONE of a limited number of spaces Vivian Meraki offers in her 8-week personal one-on-one IGNITE Somatic Program for your agreed-upon cohort.
2. This Agreement and the Company Terms of Service rules are the entire agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement. 
3. You understand that coaching is not therapy. You are not seeking diagnosis or treatment, legal or financial advice. You understand that Vivian Meraki is not qualified to provide you with legal or financial advice. You accept full responsibility for all actions you take as a result of coaching and Vivian Meraki can not be held responsible for any action taken or not taken as a result of coaching.

Session Cancellation and Refund Terms

1. You will provide 3 full business days notice for any cancellation of a coaching session, including the day of the session. Weekends and holidays are not counted as business days.
   
2. You are considered a no-show if you arrive to your coaching session 10 minutes late or later. You understand that Vivian will wait 10 minutes before logging off. All no-shows are counted as a fulfilled session out of your package.
   
3. There are no refunds for the Ignite Somatic Program. Under extenuating circumstances, unused sessions may be postponed to a future cohort block, used as top-up sessions, or transferred to another person, provided they go through the registration process and the program is assessed to be a good fit for them.
   
   

THIS IS WHAT YOUR COACHING PROGRAM INCLUDES

1. 8 Personal Coaching sessions. All sessions will be for 60 minutes and conducted virtually via Google Meet or Zoom at pre-scheduled times, unless otherwise agreed upon by both parties.
    
2. One 30 minute Emergency Coaching session. In the event something urgent comes up within the program timeframe and you need focused support, we can book a 1:1 to address your situation or concern.
    
3. One 60 minute Top-Up Coaching session after the completion of the program. You will also have access to special rate Alumni Top-up session packages for on-going coaching support.
    
4. Exclusive Somatic Group Circles. You will have access to our weekly group somatic circles, where we enter the somatic practice together with others within the same cohort and alumni of the program.
    
5. Private Community. You will have access to the private community, where you can have access to resources and submit questions, files, links, and videos for group sharing and learning. You will have access to the community for 12 months.
    
6. Portal Access. You will receive access to the IGNITE online portal, which includes access to resources and recordings to support you through the program and regular daily somatic practice between sessions. You will have access to the written and audio materials for 1 year.
    
7. Resources. You will get access to a list of resources created and curated by Vivian Meraki, which may include recordings, videos, books, podcasts, and presentations. These are for your personal use and not to be shared or repurposed. These resources will be permanently available to you and will provide additional guidance after the sessions are completed. 

THESE ARE *NOT* INCLUDED

1. Ownership of Written Materials. As a participant, you will have one license to view written materials provided by VIVIAN MERAKI. You do not have ownership of this information, which is protected by federal copyright laws. Some of the information is also protected by a contractual license between the provider and VIVIAN MERAKI. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without the express written consent of VIVIAN MERAKI, which it may withhold for any reason, and purchase of a license (prices start at $15,000).
   
   
2. Trademark Usage. VIVIAN MERAKI and IGNITE SOMATIC COACHING protects its names. You are not receiving permission to use trade and service marks like VIVIAN MERAKI or IGNITE SOMATIC COACHING or any other trademark of the Company, even if not listed here.
   
   
3. Results Not Guaranteed. You are receiving a space in the program, support and guidance, but not guaranteed results from participating in the program.
   
   
4. Confidentiality. VIVIAN MERAKI cannot guarantee confidentiality in group sharing environments. Do not share any confidential and proprietary information which may harm your personal or business interests if repeated, copied, or otherwise transmitted and/or implemented by a third party.

Additional Legal Terms

1. There is a NO REFUNDS policy for the Ignite Somatics Program.
   By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in Section 1 of this Agreement through the end of the Term. Vivian Meraki considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, Vivian Meraki may issue an additional $100 USD fee to you and will present necessary documents to counter the chargeback.
   
   
2. Disclaimer of Warranties.
   Participant understands the Coaching Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation.
   
   
3. If we get sued due to something you did:
   You agree to indemnify, defend and hold harmless IGNITE SOMATIC COACHING, VIVIAN MERAKI, its affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement.  This includes any liability arising from breach of confidentiality by any party.
   
   
4. Damages are limited under this Agreement.
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.
   
   
5. No Professional Advice.
   The Company does not engage in the rendering of legal, accounting, financial, or other professional services. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this program, you should consult licensed professionals as applicable.
   
   
6. No Guarantee of Results; Risk of Loss.
   Results from the group program are greatly dependent upon individual decisions, abilities, and other factors outside the Company's control, and the Company makes no guarantees or warranties that information provided to you through the Program will provide results.  
   
   
7. VIVIAN MERAKI can end your participation in the program.
   Company may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate. In this circumstance, Company will provide a refund to you.
   
   
8. The Ontario law governs this Agreement and it will be enforced by either party in Canada.
   This Agreement will be governed by the laws of Canada, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in Ontario, Canada.
   
   
9. No Assignment; No oral waivers or modifications.
   This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by the Company.
   
   
10. Electronic Signatures and Other Documents.
    You agree that your electronic signature is valid and binding evidence of your assent to the terms of this Agreement. You agree to sign additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, payment authorizations.
    
    
11. No relationship.
    The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.