CHAPTERHOUSE MEDIA INC.
TERMS OF PURCHASE

BY PURCHASING THIS PROGRAM, YOU (HEREIN REFERRED TO AS “CUSTOMER,” “COACH,” OR “YOU”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.

1. Program/Service

Chapterhouse Media Inc. (herein referred to as “Company”) agrees to provide the service “Teaching Training Program Level 2” (herein referred to as “Program”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.  

2. Disclaimer

The Program is offered on an "as is," "where is," and "where available" basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

Kasia Urbaniak (“She,” “her,” or “Kasia”), is not a licensed medical doctor, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist, psychotherapist, or other formally licensed healthcare professional. Kasia does not render medical, psychological, or other professional advice or treatment, nor does she provide or prescribe any medical diagnosis, treatment, medication, or remedy. The information provided by Company will not treat or diagnose any disease, illness, or ailment, and Customer understands should they experience any such issues, they should see their registered physician or other practitioner as determined by their own judgment. 

Customer understands the information provided in this Program is not a substitute for health care, medical, or nutritional advice of any kind. Customer understands and agrees that they are fully responsible for their own mental, psychological, emotional, and physical well-being during this Program. Customer agrees to seek medical advice as determined by their judgment before starting any program, any form of treatment, or discontinuing use of any medications as prescribed by their medical practitioner. 

Customer understands Kasia’s employees, instructors, owners, officers, and sub-contractors are not licensed medical doctors, chiropractors, osteopathic physicians, naturopathic doctors, nutritionists, pharmacists, psychologists, psychotherapists, or other formally licensed healthcare professionals.

Customer accepts and takes full responsibility and assumes all risks foreseeable and unforeseeable for any physical, medical, psychological, emotional, or mental effects they may experience during their participation or use of this Program including but not limited to any effects of physical activities, exercises, or work performed on Customer via energy work, meditations, or other activities of a spiritual or energetic nature as determined by Company. 

Nothing in this Program should be construed as healthcare advice, medical diagnosis, treatment, or prescription. Information or guidance provided by Kasia should not be construed as a promise of benefits, a claim of cures, or a guarantee of results to be achieved. 

Except as specifically provided in this agreement or where the law requires a different standard, Customer Agrees Company, Kasia, and her employees, instructors, owners, officers, and subcontractors ARE not responsible for any loss, property damage, death, or bodily injury caused by use of the Program. Customer, and Customer’s heirs, executors, successors, and assigns knowingly, voluntarily, and expressly, FOREVER waive and discharge any claim for loss, injury, death, or damages they may sustain as a direct or indirect result of participation or use of this Program. To the maximum extent permissible under applicable law, Company will not be responsible for Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic, or other damages arising in any way out of use or participation in this Program


3. Program Structure

The Program shall include:

  • The full 5-part Jailbreaker Method™ curriculum.

  • Written Exam 

  • Recorded Sessions 

  • Five-day live, in-person immersion with Kasia with Examination

  • The teaching materials for Students:

    •  Module outlines

    • Core concepts

    •  Exercise instructions

    •  Study guides

    • Teaching support materials

4. Fees

If Customer elects to pay in full the total cost of the Program, eighteen thousand two hundred sixty five dollars  ($18,265 USD). 

If customer elects to pay with a payment plan, Customer shall pay five monthly payments of three thousand six hundred fifty three dollars ($3,653 USD). 

5. Method of Payment

Customer shall pay by credit card. Customer agrees not to issue a chargeback or dispute for payment (s) of this Program via their credit card company or any charging platform. 

6. Refund Policy

This Program is non-refundable. Customer shall be responsible for full payment of fees for the entire Program, regardless of whether Customer completes the Program. Customer understands that fees are non-refundable and Customer is responsible for the total cost of the Program.  

7. Communication with Company

Customer agrees to email Company with any program-related questions using the Company email address: admissions@kasiaurbaniak.com. Customer understands this is the exclusive email address for ALL communications with Company. 

8. Confidentiality  

Any information including but not limited to, names, actions, thoughts, feelings, reactions, opinions, guidance, support, program materials, exercises, or documents shared by any representative of the Company or any other Program Participant (“Participant”) is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it (“Confidential Information”). Customer agrees not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, calls, trainings, to a third party or share publicly on ANY platform.

Customer agrees not to use such confidential information in any manner other than in discussion with the Company during the Program.  Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

Further, Customer agrees that if they violate or display any likelihood of violating this section, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

9. Non-Disclosure of Materials 

All materials, content, information, resources, recordings, videos, notes, feedback, methods, processes, exercises, training materials, written materials, verbal guidance, and other materials provided, disclosed, or made available to Customer in connection with the certification program, whether written, verbal, recorded, visual, digital, or otherwise (collectively, the “Program Materials”), are proprietary, confidential, copyrighted, and owned by Company.

Customer acknowledges and agrees that the Program Materials are provided solely for Customer’s personal educational use in connection with Customer’s participation in the certification program. Customer shall not disclose, share, publish, distribute, reproduce, copy, transmit, sell, license, sublicense, teach, train from, upload, post, or otherwise make available the Program Materials, in whole or in part, to any third party for any reason.

Customer shall not use the Program Materials for Customer’s own business or commercial purposes, including, without limitation, by incorporating direct copies, excerpts, screenshots, recordings, handouts, slides, templates, exercises, prompts, worksheets, manuals, curriculum, or other protected Program Materials into Customer’s own coaching, consulting, courses, programs, trainings, workshops, memberships, certifications, client materials, or other business offerings. Customer also shall not use the Program Materials to create, offer, sell, or facilitate the same or a substantially similar certification program, training program, course, curriculum, or commercial offering.

Nothing in this Agreement is intended to prevent Customer from using the knowledge, skills, insights, professional development, or general expertise Customer gains through participation in the certification program. Customer may apply what Customer learns through the program in Customer’s own work, services, coaching, consulting, client relationships, and business, provided that Customer does not disclose, copy, reproduce, distribute, commercialize, or otherwise use the Program Materials themselves, or any protected expression, proprietary content, or confidential information contained therein.

For clarity, Customer may incorporate Customer’s increased knowledge, experience, perspective, skill, and expertise into Customer’s work, but Customer may not disclose or repurpose the Program Materials themselves. The purpose of the certification program is to support Customer’s professional growth and ability to apply the concepts learned with greater skill and expertise, not to grant Customer the right to use, disclose, distribute, or commercialize Company’s protected Program Materials.

Any unauthorized disclosure, reproduction, distribution, commercial use, or creation of the same or substantially similar program based on the Program Materials is strictly prohibited.

10. Scope of Coach Certification - License to Use Intellectual Property 

Company’s program materials, training materials, teaching methods, manuals, recordings, frameworks, trademarks, trade secrets, proprietary information, business methods, branding, marketing materials, and all other intellectual property and proprietary content, whether written, recorded, visual, digital, or otherwise, are protected by copyright, trademark, trade secret, and other applicable intellectual property laws and shall remain the sole and exclusive property of Company (collectively, “Company’s IP”).

Except as expressly stated in this Agreement, Customer receives no ownership interest in, or license to use, reproduce, modify, distribute, sell, commercialize, sublicense, transfer, publish, or create derivative works from Company’s IP.

Subject to Customer’s full compliance with this Agreement, Company grants Customer a revocable, non-exclusive, non-transferable license to access and use only the following Company IP: the Jailbreaker Course, the Jailbreaker Method, and the designation “Academy Certified Coach” (collectively, the “Licensed IP”).

Customer may use, copy, reproduce, edit, modify, adapt, customize, rename, rebrand, sell, resell, distribute, publish, commercialize, and create derivative works from the Licensed IP for Customer’s own business purposes, including, without limitation, in connection with Customer’s coaching, consulting, client services, courses, programs, trainings, workshops, memberships, curriculum, templates, digital products, and related business offerings. Customer may also market and sell Customer’s modified, renamed, rebranded, or derivative versions of the Licensed IP, provided that Customer’s use remains limited to the Licensed IP and does not include or incorporate any Company IP that is not expressly licensed under this Agreement.

For clarity, this License applies only to the Licensed IP. All Company IP other than the Jailbreaker Course, the Jailbreaker Method, and the designation “Academy Certified Coach” is expressly excluded from this License. Customer shall not use, copy, reproduce, edit, modify, adapt, create derivative works from, distribute, sell, commercialize, sublicense, transfer, publish, or otherwise exploit any Company IP that is not specifically identified as Licensed IP in this Agreement. This includes, without limitation, Company’s other programs, courses, curricula, proprietary systems, frameworks, manuals, recordings, training materials, templates, trademarks, trade secrets, branding, marketing materials, and business methods.

Customer shall not represent or imply that Customer owns Company’s IP, other than Customer’s own modifications, derivative works, renamed versions, rebranded versions, or original materials independently created by Customer based on the Licensed IP. Company retains all ownership rights in and to Company’s IP, including the Licensed IP, and Customer receives only the limited rights expressly granted in this Agreement.

Customer further agrees not to use Company’s IP, including the Licensed IP, in any manner that is unlawful, misleading, defamatory, infringing, or otherwise likely to harm Company’s reputation, goodwill, or brand integrity.

Customer agrees that any actual, threatened, or likely violation of this Section may cause irreparable harm to Company for which monetary damages may be inadequate. Accordingly, Company shall be entitled to seek injunctive relief, specific performance, and any other equitable relief available, in addition to any monetary damages, attorneys’ fees, costs, and other remedies available at law or in equity, from a court of competent jurisdiction.

Coaches MAY:

  • Identify themselves as a “Certified Academy Coach” 

  • Use the Certified Academy Coach designation on their  websites, social media, and promotional materials solely to identify their certification status, and only with official branded logos provided by Company.

  • Reference their certification in connection with Kasia’s  teachings (e.g., “Trained with Kasia Urbaniak to become a Certified Academy Coach”).

  • Use the Jailbreaker Course (“Course”) in individual sessions, group sessions, and workshops in compliance with this Agreement.

  • Rename the Jailbreaker Course, adapt it, combine it with other methodologies, and use it to create derivative works from it. 

Coach MAY NOT:

  • Claim, name, or identify themselves to be the creator, owner, or originator of the Jailbreaker Method, Kasia’s teachings, or the Jailbreaker Course  to any third party publicly or privately.

  • Certify, train, or authorize others to facilitate any of the Program’s tools, strategies, or techniques and Company’s Materials.

  • Permit any one else to use any of the Intellectual Property in this Agreement and/or permit the use of the term “Certified Academy Coach” or any variation of the term. 

  • Certify, train, or license others in any of the Company’s Materials outside of Licensed IP.

  • Use The Academy name, Company name,  and Kasia’s name, likeness, or image in promotional materials in a manner that implies personal endorsement, partnership, or affiliation beyond certified coach status.

  • Use any of the above marks or symbols as their primary business logo, trade name, or corporate/business identity.

  • Copy, reproduce, edit, or modify, Company’s Materials and Company’s IP and sell or distribute (notwithstanding the Licensed IP). 

  • Host events, group sessions, group healings, or any other promotional outlet, including but not limited to videos, movies, mini-series, episodes, podcasts, live events, and recorded events, as an official representative of The Academy, Kasia, or Company. Such conduct shall result in an immediate revocation of all rights under Section 10, including but not limited to use of the Company’s materials for business or marketing purposes, any license or certification permitted under this Agreement. 

Additional Conditions:

  • Company  reserves the right to review, restrict, or revoke any Coach’s Certification and License immediately for misuse, misconduct, gross negligence, disparagement, or violation of the terms of this Agreement without forgiveness or refund. In the event that Customer’s License and Certification are revoked, Customer must immediately cease all use of the rights conferred in this section (Section 10).

11. Customer’s Code of Conduct 

Professional Conduct

  • Coach agrees to conduct themselves with integrity, respect, and professionalism in all sessions and business marketing.

  • Coach must comply with all applicable local laws and ethical marketing practices, and advertising guidelines.

  • If Customer advertises in the United States they agree to follows the guidelines of the Federal Trade Commission (FTC) (Section 5 of the Federal Trade Commission Act (15 U.S.C. § 45)), which prohibits “unfair or deceptive acts or practices in or affecting commerce.

12. Customer Responsibility 

Customer accepts and agrees that Customer is fully responsible for their progress and results from the Program. Company makes no representations, warranties, or guarantees verbally or in writing regarding Customer’s performance or progress. Customer understands that because of the nature of the program and extent, the results experienced by each customer may significantly vary. Customer acknowledges there is no guarantee that Customer will  become a Certified Academy Coach by participating in this Program. Customer understands they must successfully complete all the requirements as determined by the Company to receive certification. Company is NOT responsible for Customer’s business outcomes, business revenue, business profits, or loss of the same. 

13. 24-Month Certification Term & Renewal Requirement

Certification as a “Certified Academy Coach” (“Certification”) is valid for twenty four  (24) consecutive months from the date of issuance. To maintain an active Certification status, the Coach must complete bi-annual  renewal requirements as determined by Company.

Bi-Annual renewal requirements may include, but are not limited to: continuing education modules, skills refreshers, updated compliance and ethics training, Brand Guideline updates, and/or recertification assessments.

The Customer agrees to complete all renewal requirements and submit any associated renewal fees on or before their bi-annual renewal deadline. Failure to meet renewal requirements or submit fees by the deadline may result in automatic expiration of Certification and immediate loss of all permissions granted under Section 10 and Section 11 of this Agreement, without refund.

Upon expiration or non-renewal, the Coach must immediately discontinue use of all Company trademarks, materials, branding, promotional identification as a Certified Academy Coach, use of the Jailbreaker Method and the Jailbreaker Course and the use of Company’s IP including but not limited to Kasia’s name image and likeness, the Academy, or the Company’s name.

The Company reserves the right to update renewal standards as the modality evolves to preserve the integrity, safety, efficacy, and lineage of the Program. The Coach agrees to remain current with updated requirements to maintain Certification in good standing. 

14. Film/Media Release 

1. Live In-Person Immersion 

1. Condition of Participation 

Customer understands and agrees to sign an additional waiver and release form (“Release”) as a condition of their Participation in the Program’s In-Person Live Immersion (“Event”). Customer understands Event location will be released closer to travel date and Company is not responsible or liable in any way if Customer cannot attend.

1. Film/Media Release 

Customer hereby grants to the Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to Customer’s appearance (hereinafter referred to as the "Appearance") in connection with promotional footage, written script, print images, photography, audio and visual recording for the Calls and the Program.

Customer hereby authorizes the Company to photograph, record, or release (on tape, film, print, website or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Calls and the Program; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of individual packaging and sales of the Calls, publicity, advertising and sales promotion; and to use Customer’s name and likeness in connection with the Calls and the Program.

Customer hereby waives all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for proceeds, defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Customer’s Appearance. The Company owns all rights resulting from Customer’s Appearance. Customer waives the right to inspect, edit, or approve any form of media created by Company. 

If Customer does not wish to grant Company such rights, Customer must submit written notice to Company via the email address provided in Section 8 of this Agreement. Customer agrees they waive this Right after the conclusion of the Live Program if not exercised during the Program. Additionally, during the Program, Customer acknowledges that it is Customer’s responsibility to notify Company in person or in writing and obtain an identifying credential from Company and prominently display the credential on Customer at all times during the Program.

Even with such notice as provided above, Customer understands that Company cannot guarantee that Customer will not be photographed or recorded, however, Company shall make a reasonable effort to exclude any material with Customer’s likeness from all published material.

c. Assumption of Risk

Customer expressly assumes the risks of their attendance at the Event, including but not limited to, dietary, travel, physical, mental, or emotional risks. 

Customer understands that the Event is not a substitute for health care, medical or nutritional advice of any kind. Customer understands and agrees that Customer is fully responsible for their mental well-being, mental, and physical choices and decisions during the Event. Customer understands and agrees if they leave the event venue location (“Venue”), consume alcohol and/or controlled substances, engage in physical or sexual conduct and/or interact publicly or privately with individuals during the Event they do so at their own risk. 

Customer understands they are traveling during a time of national and international health crisis relating to and from the Covid-19 virus (Coronavirus) and other infectious diseases or viruses and as a result, they may risk contraction or exposure, which could lead to serious physical injury, illness, or death. Customer voluntarily assumes that risk and releases Company its officers, employers, directors, owners, instructors, sub-contractors and related entities from any and all liability associated with Customer’s voluntary assumption of that risk. 

Customer takes full responsibility for their own dietary choices and selections during the Event and any allergies or reactions including but not limited to, illness, physical injury, hospitalization, or death.  

Customer understands they may participate in any activities offered at the Event. Customer understands they may refuse to participate at any time. Customer recognizes some activities may cause physical exertion that can be strenuous. Customer understands and agrees that it is their responsibility to consult a physician prior to and regarding my participation in those activities. Customer agrees they are fully aware of and voluntarily assume the risks associated with participating in the activities.

Customer assumes full responsibility for any and all injuries of any kind and nature or damages, known or unknown, which they may incur as a result of attendance and participation at the Event. 

Customer understands that Company does not tolerate sexual harassment of any kind. If another Participant reports Customer, Company will do a thorough investigation of Customer and they may be required to leave the Event and the Program without refund.  “Sexual Harassment” is defined as un-welcomed, non-consensual sexual advances, including but not limited to patting, pinching, fondling, kissing, or touching, requests for sexual favors, sexually explicit messages, sexual assault, or use of threats or rewards for sexual favors, unwanted physical contact or intimacy.  Customer understands this requirement to leave the Event is up to the full, indisputable, discretion of the Company.

Company reserves the right to deny entry remove Customer, without refund if they 

appears to be ill, pose a health or safety risk to others, is disruptive, dangerous, engages in any activity included but not limited to alcohol consumption, drug use or concealment of illegal substances, carrying weapons, prohibited activity by Venue, any conduct deemed unsafe or unfavorable as determined by Company.  

d. Event Liability Release 

Except as specifically provided in this agreement or where the law requires a different standard, Customer agrees that Company and its subsidiaries, owners, principals, directors, executives, assistants, employees, staff, contractors, or agents are not responsible for any loss, death, illness, property damage, or bodily injury, caused by use of or participation in the Event and expressly waives, discharges, releases all liability and holds Company and its subsidiaries, owners, principals, directors, executives, assistants, employees, staff, or agents harmless of all such claims. To the maximum extent permissible under applicable law, Company and its subsidiaries, owners, principals, directors, executives, assistants, contractors, employees, staff, or agents will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out of use or participation in the Event. 

Except where the law requires a different standard, Customer and their assigns, executors, guardians, successors and all other legal representatives, hereby release, discharge, waive and forever relinquish Kasia Urbaniak, Company, and each of their agents, employees, officers, directors, Event assistants, Contractors employers and any other person associated with the aforementioned persons and entities (collectively, the “Released Parties”), from any and all known or unknown claims, lawsuits, or action resulting directly or indirectly from Customer participation in the Event. Additionally, Customer agrees they will not attempt to present any claims against, prosecute, sue, seek to attach any lien for any purpose including satisfaction of a judgment or other judicial decree, to the property of the Released Parties under any circumstance.

Customer knowingly, voluntarily, and expressly, waives any claim for injury, illness, death, property loss,  or damages they may sustain as a result of their participation and attendance at the Event. Customer releases the Company, its officers, employers, directors, owners, instructors, sub-contractors and related entities from all liability including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary, damages, causes of action, allegations, lawsuits, claims and demands in law or equity, they have or will have in the future whether foreseeable or unforeseeable arising from the my past or future participation in, or otherwise with respect to, the Event.  

Customer agrees Company is not responsible for any personal injury, property loss, damage, or any loss whatsoever Customer may incur arising from acts of omissions by the Venue location, restaurants, tour services or any other third party company or organization.    

e. Airfare and Travel Accommodations

Customer is solely responsible for: (1) booking airfare, travel accommodations, and transportation for the Event dates; (2) securing all required travel documents and visas; (3) complying with all laws, regulations, orders, demands and requirements for the country the Customer visits; and (4) fees or cost associated with delays, cancellations or changes in arrival or departure times for Customer’s flights. 

The Company will not be liable for issues, delays or consequences resulting from the Customer’s failure to obtain requisite travel documents, visas or failure to comply with laws, regulations, orders, demands, requirements, rules or instructions set by the host country. Company will not be liable to represent or take any action (legal or otherwise) on behalf of Customer in the event of arrest or incarceration of Customer by law enforcement and or legal authorities in host country. 

Additionally, the Customer understands travel and cancellation insurance is optional, but highly recommended. Customer understands that acquiring insurance is solely the responsibility of the Customer. 

Customer understands Company assumes no liability and will NOT provide a refund for Customer in the event of any delay, cancellation, overbooking, strike or other circumstances beyond the Company’s direct control. Customer will not hold Company liable directly or indirectly for any loss, delay, cancellation, property loss or damage, death, illness, injury, or any direct, indirect, special or consequential, economic or other damages as a result of Customer’s booking or stay at the location of the Event (“Accommodations”), if applicable. Customer agrees all claims and liability (if any) will be solely that of their Hotel Accommodations. 

Furthermore, Customer understands Company assumes no liability for any expenses, omissions, delays, re-routing by Airlines or any acts of Government or Authority.

f. Venue Agreement 

Customer understands and accepts that participation involves being present at an external venue and agrees to comply with all venue guidelines. This includes but is not limited to following any security measures,  safety protocols, rules of conduct, refraining from bringing prohibited items into the Venue. Customer is responsible for safeguarding personal belongings, and the Company and Venue are not liable for any injury, death, loss, theft, or damage.

Customer is responsible for notifying the Company in advance of any allergies or dietary restrictions no later than fourteen (14) days before the Event. Company is not liable for the acts or omissions of any Venue staff, third party vendors, Venue management, or any other parties associated with or representing the Venue. Customer agrees to indemnify Company in any claim or lawsuit for gross negligence, willful misconduct, tort, breach of contract, or any other action asserted by Customer to Venue or any third party vendor. 

g. Accessibility 

Customer understands if they need accessibility accommodations, they must notify the Company in writing by emailing support@kasiaurbaniak.com no later than fourteen (14) days before the Event start date. Customer understands Company is under no obligation to provide accommodations and Customer will not receive a refund on any portion of the Program if accessibility is not offered. 

h. Event Changes & Cancellations

If Company changes the date of the Event, the Venue, schedule, agenda or any other material changes to the Event, Company will provide Customer with reasonable notice. Company will not be liable for any cancellation fees, accommodations, airfare fees, or any other expense incurred by Customer as a result of the change. Additionally, Company will not provide a refund of the Program or any payments thereof. Company will take reasonable steps to cure the issue in a fair and equitable way as determined by Company. 

I. Insurance 

While Company carries liability insurance, Customer will be liable for any medical claims, property loss, damage, or any other expenses related directly or indirectly to their attendance at the Event and will submit the proper claims to their insurance ONLY, if applicable. 

15. Force Majeure

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. 

16. Severability and Effect of Partial Invalidity

Customer understands and agrees that the provisions of this Release are severable. In the event a court or other adjudicative body of competent jurisdiction should find any provision or the application of any provision to any person, place, or circumstance to be wholly or partially invalid or unenforceable under the law of any jurisdiction, such finding shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect. The provision found to be invalid or unenforceable shall continue to be applicable to the extent permitted under the law of the finding jurisdiction and shall continue in full force and effect under the laws of any other jurisdiction.

17. Miscellaneous 

A) Limitation of Liability. Customer agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Customer releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable.

Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services, products, or enrollment in the Program. Customer knowingly, voluntarily, and expressly waives any claim for damages, including but not limited to injury or death, Customer may sustain as a result of participating in this Program.

Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.

B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below.  The parties agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its Company’s programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives, Company, other Customer/Coach’s, the brands and trademarks - Kasia, The Academy, or any of the Intellectual Property under Section 10 of this Agreement.

C) Assignment. This Agreement may not be assigned by the Customer, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, and permitted assigns.  Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

D) Termination.Company is committed to providing all customers in the Program with a positive Program experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Program without refund or forgiveness if Customer becomes disruptive to Company, difficult to work with, or upon violation of the terms as determined by Company.

In Company’s sole discretion and determination, Company reserves the right to revoke a Coach’s certification (Section 10), and use of Licensed IP, all rights and permissions garnered in Section 10 of this Agreement, at any time if the Coach:

  • Engages in unethical, fraudulent, or illegal conduct.

  • Harms or endangers Coach or Company’s clients or customers, either physically, spiritually, mentally, emotionally, or financially, or any other harm.

  • Makes misleading or false claims about results of the Licensed IP

  • Violations of the Non-Disparagement Clause of this Agreement (Section 17B).

  • Fails to maintain professional standards of conduct in public or private practice as determined in this Agreement. 

Upon Notice of Termination, Coach must immediately cease use of rights, permissions granted under Section 10 of this Agreement, and all related branding of Company, Kasia, and the Academy

E) Indemnification.Indemnification. Coach shall indemnify, defend, and hold harmless Company, its affiliates, subsidiaries, related entities, shareholders, trustees, officers, directors, owners, employees, contractors, agents, successors, and assigns, together with all Licensed IP identified in Section 10 of this Agreement, to the fullest extent permitted by law, from and against any and all claims, demands, actions, suits, proceedings, investigations, regulatory actions, losses, liabilities, damages, judgments, awards, settlements, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to: (a) any act, omission, misconduct, negligence, willful misconduct, representation, statement, advice, or professional service provided by Coach; (b) Coach’s business operations, services, sessions, groups, programs, trainings, client relationships, marketing, sales, or other professional or commercial activities; (c) Coach’s offering, sale, delivery, or performance of Coach’s services, sessions, programs, or related offerings; (d) Coach’s use, misuse, modification, commercialization, or application of the Program, Licensed IP, Program Materials, or any materials, methods, concepts, or information obtained through this Agreement; (e) any claim brought by Coach’s clients, customers, participants, contractors, employees, or other third parties arising from or relating to Coach’s services, business, or use of the Program, Licensed IP, or Program Materials; or (f) Coach’s breach or alleged breach of this Agreement.

Coach’s indemnification obligations shall not apply to the extent a claim is finally determined by a court of competent jurisdiction to have resulted from Company’s breach of this Agreement, sole negligence, or willful misconduct. Coach shall be responsible for defending the Indemnified Parties against any covered legal action, regulatory action, claim, investigation, or proceeding arising from or related to this Agreement, Coach’s services, Coach’s business operations, or Coach’s use of the Program, Licensed IP, or Program Materials.

Coach acknowledges and agrees that Company’s shareholders, trustees, affiliates, officers, directors, employees, contractors, agents, successors, and assigns shall not be personally responsible or liable for Coach’s acts, omissions, representations, services, business operations, or use of the Program, Licensed IP, or Program Materials. This indemnification obligation shall apply regardless of whether the claim arises during or after the term of this Agreement and shall survive the termination or expiration of this Agreement.

F) Resolution of Disputes.If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to binding arbitration before the American Arbitration Association (“AAA”) in New York in accordance with the laws of the State of New York and the applicable AAA Arbitration Rules to settle any and all disputes between Customer and any of the Released Parties. The AAA shall appoint the Arbitrator(s) in accordance with its rules unless the parties mutually agree to another procedure. Judgment upon the award rendered by the Arbitrator(s) shall be entered in any court having jurisdiction pursuant to applicable law. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.

Fa.) Customer understands they are agreeing to waive their right to a jury trial or a class action lawsuit. 

If either party institutes any legal action in any court, the other party has the right to seek dismissal by demurrer or motion to dismiss, and will not be required to file an answer. The other party shall be entitled to an award in its favor for the amount of its actual fees and costs of suit.

Any disputes or claims relating in any way to this Agreement or to any of our Programs, including this provision itself, are governed by the laws of the State of New York.

G) Equitable Relief.In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including, without limitation, a temporary restraining order or injunction. 

H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by fax or email. Email: admissions@kasiaurbaniak.com.

I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.

J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America. 

BY PURCHASING THIS PROGRAM, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE, AND I EXPRESSLY AGREE TO THE CONFIDENTIALITY AND LIABILITY RELEASE.