Terms + Conditions Agreement

This Terms and Conditions Agreement (“Agreement”) is between MIldred Mary, LLC, an Oregon limited liability company (“Company”), and you (“Participants” or “you”) regarding the workshop, e-course, event, coaching, or other program (“Program”) that you wish to purchase from Company.

This Agreement is a binding legal contract between you and Company; please review it in full. By making a purchase of the Program via this website, you expressly agree to be bound, without modification, to this Agreement. You are also bound to the Privacy Policy and Terms of Use of the website. If you do not agree to be bound to these terms, you cannot purchase the Program.

Company may amend this Agreement at any time by sending you a revised version at the email address you provide us, and you automatically become bound by the latest version of the Agreement unless you withdraw from the Program. You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement.

This Agreement was last modified on November 1, 2023.

Disclosure, Guarantees, and Warranties. The Program is designed to provide information and education about your relationship with your self and/or business coaching. Company is not providing therapy, mental health advice, family counseling, or other professional advice to anyone who purchases the Program. You have a responsibility to consult other professionals such as a therapist, counselor, financial planner, or attorney before implementing any information in this Program. Company cannot guarantee that you will achieve success, since your results depend upon your effort and other factors out of our control such as your experience and your particular circumstances. Except as stated elsewhere in this Agreement, Company disclaims any warranties as to the availability, completeness, or accuracy of the materials, and disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement. Company may provide links to outside resources (articles, videos, books) as part of the Program; Company does not guarantee or warrant these outside materials.

Your Warranties and Indemnification. You warrant that any materials you submit to any forum or during any group session of the Program do not infringe upon the copyright, trademark, trade secret, publicity rights, or the intellectual property interests of any other person or property and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify Company against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement and your participation in the Program.

The Program. In exchange for purchasing this Program, you will receive the products, services, or access as described on the sales page of the Program as of the date of your purchase. 

Coaching packages:

The Body Story Intensive must be used within 3  months of purchase.

Immersive Body Trust Coaching must be used within 5 months of purchase.

Programs do not include access via text. If you purchased a workshop, event, or one-on-one coaching program, you may receive email or voxxer coaching only during the timeframe of that Program. 

If you need additional support, you may contact Hilary Kinavey to purchase one-on-one video or phone sessions as an add-on to any Program. 

Participants Duties. You understand and agree that:

• You are not a patient of Company and are not receiving therapy or mental health counseling from Company.
• You are willing to try new approaches.
• You consider these new tools as an experiment, watching for small shifts and staying curious.
• You are responsible for your own learning and acknowledge that you may need to find outside resources to supplement your learning or fill any gaps in your knowledge or skillset, including seeking the assistance of outside professionals such as a mental health professional, for you or your children.
• If you have signed up for an e-course or other self-guided Program, you are choosing a self-guided program at your own risk and agree to seek additional support if needed.

Participants understands that any abusive or inappropriate conduct with Company staff or with any of the other Participants, including through posts in any forum or discussions in a group session, is a material breach of this Agreement.

Individual Session Rescheduling. If you have purchased a one-on-one session, you understand and agree that sessions may only be canceled or rescheduled at least 48-hours ahead of a session to retain the session fee; otherwise, your pre-paid fee is forfeited. You may reschedule a session via email or the online scheduler.

Limited Refunds and Cancellations. Refunds and Program cancellations are only available according to the below timeframes:

• Refunds are allowed on one-on-one coaching sessions only with at least 48-hours’ notice.
• For workshops and events, full refunds are only given if requested at least 7 days before the first session. If you request cancellation with at least 3-days’ notice, you will receive a refund minus a $50 administrative fee. If you are unable to give 3-days’ notice, you will not receive a refund (due to the limited number of seats available in any Program) but you may inquire with Company about the option to transfer your seat to another qualified participant.
• For e-courses and other self-guided Programs, you may request a refund only within the first 14 days following your purchase.

Group Forum Rules. If the Program includes a Group Forum (such as a membership site or a group on social media), you agree to comply with the Program’s current Group Forum Policy or Rules as stated by Company at that time. Such rules include but are not limited to: you will not use any group forum to post spam, including promotions or advertisements for other Programs and services; you will not use the forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark; Company may moderate, edit, or delete posts at any time, at Company’s sole discretion; and Company may ban a Participants from posting at any time, for violating the above rules, without refund or appeal. Any information you provide to Company and other Participants via a forum is not confidential. However, you agree that you will respect the privacy of fellow Program Participants and will not repost or share the information provided by a fellow Program Participants with any third party, including by sharing on the Internet or via social media.

Payments. You agree to pay the Program fees as specified on the sales page using the online billing system via the payment method you selected upon purchase. You agree that Company may keep your payment information on file and charge you automatically for installment payments, if you selected an installment plan, or for periodic membership fees, if you signed up for a periodic plan. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Program until the late payment is rectified. Company will have the right to recover expenses including collection costs and reasonable attorney's fees incurred in the collection of overdue amounts. You understand and agree that you are responsible for the entire payment (including all installments), and you understand that you will not receive a refund or be allowed to forgo installments if you choose to not utilize the Program.

Intellectual Property. Company owns or has licensed the copyrights and other intellectual property rights over any materials provided in the Program under this Agreement (“Program Materials”). You are licensed to use Program Materials only for your own individual use as part of the Program. You are not allowed to reproduce, share, distribute, or sell Program Materials, including posting materials on the Internet, sharing materials via social media, teaching them to others, or making derivative works.  If you do use information you learned here, please cite Hilary Kinavey.  Any violation of this clause is a material breach of this Agreement and will result in Participants being removed from the Program.    

Term. This Agreement begins when you purchase and will continue until the Agreement is terminated under this section. If either party materially breaches this Agreement, the other party may terminate this Agreement upon three (3) days written notice, unless the breach is cured within the notice period. If the Agreement is terminated due to Participant’s material breach, Participants will no longer have access to the Program, and they will not receive a refund.  

Disclosure, Guarantees, and Warranties. The Program is designed to provide information and education about your relationship with your self and/or business coaching.. Company is not providing therapy, mental health advice, family counseling, or other professional advice to anyone who purchases the Program. You have a responsibility to consult other professionals such as a therapist, counselor, financial planner, or attorney before implementing any information in this Program. Company cannot guarantee that you will achieve success, since your results depend upon your effort and other factors out of our control such as your experience and your particular circumstances. Except as stated elsewhere in this Agreement, Company disclaims any warranties as to the availability, completeness, or accuracy of the materials, and disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement. Company may provide links to outside resources (articles, videos, books) as part of the Program; Company does not guarantee or warrant these outside materials.

Your Warranties and Indemnification. You warrant that any materials you submit to any forum or during any group session of the Program do not infringe upon the copyright, trademark, trade secret, publicity rights, or the intellectual property interests of any other person or property and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify Company against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement and your participation in the Program.

Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, civil unrest, war, fires, floods, inclement weather, government regulations or controls, emergency declarations, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, widespread power outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.

Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.

No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties. 

Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them with respect to the subject matter contained herein.

 No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity, including family members outside your immediate family unit, except with the express consent of Company. Sharing your login information with any other person is a material breach of this Agreement and will result in removal from the Program, with no refund.

Choice of Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Oregon. 

Arbitration. Any controversy or claim arising out of or relating to this contract or the breach thereof, will be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. The arbitration will be conducted by video conference or telephonic hearing, or upon consent of both parties, will be based solely on the submission of documents. The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. As an alternative to Arbitration, the parties agree that either party may file an action in Small Claims Court in Clackamas County, Oregon ("Small Claims Option"), if the party can meet the court's requirements.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.

Contact. Any questions about the Agreement can be directed to: [email protected]