The following are the terms and conditions relating to your participation in and/or attendance at Flourish Now, LLC and/or Dayna Belcher and Cathy Heiliger’s live events, coaching and consulting, and live seminars (hereafter referred to in the singular tense as “Seminar”), as well as virtual seminars, online seminars, teleseminars, webinars, telephone/ online/virtual training, and telephone/online/ virtual consulting and coaching programs, phone-attended seminars or coaching, (hereafter referred to in the singular tense as “Program”),written, digital, electronic and recorded products (“Products”) which are produced by Flourish Now, LLC, ("Promoter"). These terms and conditions are relevant to all Flourish Now, LLC, events, Seminars, Programs and Products. By registering for and/or participating in the Promoter’s Program, purchasing or utilizing the Promoter’s Products, or registering for and/or attending or participating in the Seminar at any of our locations ("Venue"), you (the "Attendee") indicate your acceptance of, agreement with, and obligation to these Terms and Conditions. If you have objections to the following Terms and Conditions, you should not register for, purchase, utilize or participate in the Program or Products or register for or attend the Seminar.
Promoter requires all Attendees to be courteous to our staff, hosts, speakers, and other attendees and their guests or families throughout the Seminar/ Program, even between scheduled events and during breaks. At the sole discretion of the Promoter’s staff, representative(s) or agents(s), the Promoter reserves the right to ask Attendee and/or their guests to leave the meeting room and Venue immediately, and/or cease their participation in the Seminar/ Program, should they be deemed discourteous, uncooperative, unprofessional, a potential threat to the safety of others, intoxicated or in possession of alcohol or any illegal substance. In such case, the Attendee's tuition/fees for the Seminar, Program and/or Products will not be reimbursed under any circumstances, and they will not receive any future Products, services or correspondence from Promoter. Attendee will also not receive any of our advertised bonuses or qualify for our satisfaction guarantees or any other written or implied guarantee.
Attendee is legally responsible for their safety and behavior and agrees to, and is held legally liable to, the following statements:
I, the willing Attendee of the Seminar and/or participant in the Program and/or Products hereby accept all risk to my health and of my injury or death that may result from participating in the Seminar/ Program/ Products and I hereby release Promoter, Dayna Belcher and Cathy Heiliger, and their officers, employees, interns, contractors, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Seminar/ Program/ Products, whether caused by negligence of the Promoter, its governing board, officers, employees, or representatives, or otherwise. I further agree to indemnify and hold harmless the Promoter, Dayna Belcher and Cathy Heiliger, and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Seminar/ Program/Products. Under no circumstances will Promoter, Dayna Belcher and Cathy Heiliger, or their assigns be held liability for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Seminar/Program/ Products. Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Seminar/ Program/ Products, I consent to such treatment. I acknowledge, and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify Promoter verbally and in writing if I am at any time injured prior to, during, or after the Seminar/ Program in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that Promoter is not legally obligated to act on that information in any way or to providing any medical service whatsoever to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Seminar/ Program/ Products that I will notify the Promoter and that the Promoter retains the right to ask that I not participate in portions of or the entirety of the Seminar/ Program/ Products.
Liability Disclaimer: No Professional Advice
The information contained in or made available by the Promoter, Dayna Belcher, Cathy Heiliger, or any third-party through the Seminar/ Program/ Products or their websites or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical,psychological, or legal fields. Promoter does not offer any professional personal, medical, financial or legal advice and none of the information contained in the Seminar should be confused as such advice. Neither Promoter, Dayna Belcher and Cathy Heiliger nor their assigns, sponsors, speakers, partners, contractors or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages to the Attendee or the Attendee's business, including economic loss, that may result from participation in the Seminar/ Program/ Products or from the use of, or the inability to use, the materials, information, or strategies communicated through the Seminar or any products or services provided pursuant to the Seminar/ Program/ Products, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will Promoter or Dayna Belcher and Cathy Heiliger be liable for any special or consequential damages that result from Attendee's participation in the Seminar/ Program/Products. You, the Attendee, alone are responsible and accountable for your decisions, actions and results, and by your participation in our Seminar/Program/ Products, you acknowledge such and agree not to attempt to hold us, the Promoter or Dayna Belcher and Cathy Heiliger, liable for any decisions, actions or results that you make or experience personally or professionally, physically or financially, in business or in life, due to your participation in the Seminar/ Program/ Products at any time, under any circumstance.
Confidentiality and Non-Compete
We respect your confidential and proprietary information, ideas, plans, copyrights, patents, trademarks, trade secrets and intellectual property rights (collectively, "Intellectual Property") and must insist that you respect the same rights of fellow Seminar/ Program participants, Dayna Belcher and Cathy Heiliger and the Promoter. By your participation, you agree not to infringe on the Intellectual Property rights of any Seminar/ Program participant, Dayna Belcher and Cathy Heiliger, or the Promoter. Therefore you hereby understand and agree that the Intellectual Property as well as the tools, techniques, processes, formulas, strategies, concepts, materials, content, design, and information (hereafter referred to as “Intellectual Property and Confidential Information”) presented in the Seminar/ Program/ Products are confidential, copyrighted, and/or proprietary to the Promoter and/or Dayna Belcher and Cathy Heiliger and that any Intellectual Property and Confidential Information shared by Seminar/ Program/ Products participants or any representative of the Promoter is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or to the Promoter. Therefore you, the Attendee, hereby agree not to record, duplicate, distribute, teach or train the Seminar/ Program/ Products Intellectual Property and
Confidential Information in any manner whatsoever without the express written permission of the Promoter and/or Dayna Belcher and Cathy Heiliger. You agree to treat all Intellectual Property and Confidential Information as valuable, special and unique assets of the Promoter and/or Dayna Belcher and Cathy Heiliger and will protect the Intellectual Property and Confidential Information and treat it as strictly confidential. You agree that you will not directly or indirectly engage in any competitive business with the Promoter and/or Dayna Belcher and Cathy Heiliger in the geographic territory of North America, South America, Europe, Asia, Australia, or Africa. Directly or indirectly engaging in any competitive business includes but is not limited to engaging in business as an owner, partner, agent, or employee; having a direct or indirect interest in any such business; or soliciting any customer of Promoter for the benefit of the Attendee or a third party engaged in such business. Attendee further agrees that this non- compete provision will not adversely affect Attendee’s livelihood. Additionally, any unauthorized use or distribution of the Seminar/ Program/ Products Intellectual Property and Confidential Information by you or your representatives is prohibited, and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights. You hereby understand and agree that violation of this paragraph will be a material violation of the Terms and Conditions of this Agreement and will justify legal and/or equitable relief. You hereby agree that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Promoter will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. While you are free to discuss your personal results from the Promoter’s Seminars, Programs, Services, Products and training, you must keep the experiences and statements, oral or written, of Dayna Belcher and Cathy Heiliger and all participants in the strictest of confidence.
We discourage the use of adult or profane language from the platform however we are not responsible for the communication of participants, Venue staff, attendees, and guests. Attendees and participants who are uncomfortable with such content should not attend the Seminar/ Program.
We and our attendees or participants may respectfully and courteously discuss spiritual topics relating to personal and professional growth during the Seminar/ Program or in the Products. We consider our educational events and Products a forum for ideas and believe that each individual can make a positive contribution to the group regardless of their personal beliefs, even if they differ from the personal beliefs of others in the group. Attendees and participants who are uncomfortable with such topics should not attend or participate in the Seminar/ Program/ Products. Be advised that prayer may be a part of the program or product purchased.
We and our attendees or participants may respectfully and courteously discuss political topics relating to global business, social justice, or personal and professional growth in the Seminar/ Program or in the Products. We consider our educational events and Products a forum for ideas and believe that each individual can make a positive contribution to the group regardless of their personal beliefs, even if they differ from the personal beliefs of others in the group. Participants who are uncomfortable with such topics should not attend or participate in the Seminar/ Program/ Products.
Personally Objectionable Content
You agree that we have no liability to you for any content you find to be objectionable, including but not limited to Adult, Spiritual or Political topics.
Audio/Visual Rules and Release
Attendees may not use any type of recording device to capture the information provided at the Seminar/ Program/ Products. No audio recording, photography or videography is allowed in the Seminar room or is to be used to capture information provided in Program/ Products.
By participating in the Seminar/ Program, Attendee understands that portions of the Seminar/ Program may be recorded in video and audio and/or captured in still and/or digital photographs by the Promoter. Attendee agrees that the Promoter and its assigns have the right and permission to use such recordings and photographs should they include Attendee's name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee. Attendee understands and agrees that all recordings from the Promoter's events are the exclusive rights of the Promoter and Attendee does not ask for or expect compensation for the use of recordings or photographs in which Attendee appears or speaks. Promoter owns all rights of any audio, video, and/or photograph captured during the Promoter's Seminar/Program or at any of the Promoter's other live events.
100% Guarantee and Cancellation Policy for Seminars and Programs
If you are unable to attend a live Seminar or virtual Program that you have registered for, please email email@example.com at least 3 business days prior to the event in order to qualify for Raincheck Vouchers and transfers. If notified at least 3 business days in advance, we will be happy to transfer your ticket(s) or pass(es) to a friend, family member or business associate of your choosing, or provide you with a Rain-Check-Voucher which entitles you attend a future Seminar or Program similar to the one you are unable to attend (excluding travel expenses). All Seminar tickets, Program passes, and Raincheck Vouchers are fully transferable. (For Restore Spiritual Spa Events in Atlanta, Georgia, a $500 non-refundable deposit is retained if cancellation is 30 days or less before the start date of the event. If client is unable to attend, that deposit is transferrable to a future Restore Spiritual Spa, in Atlanta, Georgia or the deposit can be transferred to a family member or friend for a future Restore Spiritual Spa event.)
We have a 100% refund policy for any Seminar/ Program that is cancelled within 10 days of registration. Once attendees register for a Seminar/Program, we make extensive arrangements and investments and, in the case of their cancellation, we incur significant administrative expenses and loss of business. Therefore we do not accept cancellations or issue refunds beginning 10 days after Attendee has registered for a Seminar/ Program. Attendees who cancel within 10 days of registering are protected by our 100% refund policy and will receive a full refund. Any Attendee seeking to cancel their registration after 10 days will not under any circumstances receive a refund but instead may receive a ticket or pass to a future Dayna Belcher, Cathy Heiliger or Flourish Now, LLC, event on the same or similar topic, or may transfer their ticket(s) or pass(es) to another party. If you are unsure of whether or not you can attend the Seminar/ Program, please do not register. If, for whatever reason, you are unable to attend the Seminar/ Program we will happily refund your money within 10 days of registration, transfer your ticket(s)/ pass(es) to someone else, or allow you to attend a future Flourish Now, LLC or Dayna Belcher and Cathy Heiliger event on a similar topic at our sole discretion. We reserve the right to refuse service to any person for any reason at any time.
Please Note: MP3s, Coaching/ Consulting Programs, Membership Subscriptions and e-books are NOT eligible for refunds after they have been accessed and programs are NOT eligible for refunds after being accessed. Results with program content will vary.
Private or Group Coaching
If, after the first private or group coaching session, you no longer wants to be a part of the coaching program, your money will be refunded if you request a refund by midnight, within 10 days of your first session.
All digital content sales are final. We do not accept returns or issue refunds for digital content.
Availability, Downloading and Risk of Loss of Digital Content/All Sales Final/ License and Restrictions
Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact Flourish Now, LLC customer service @firstname.lastname@example.org. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. All sales of Digital Content are final. We do not accept returns of Digital Content.
1. License. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.
2. Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not
for any redistribution of the Digital Content or other restricted use. You agree not to infringe the rights of the Digital Content's copyright owner
(Promoter and/or Dayna Belcher and Cathy Heiliger) and to comply with all applicable laws in your use of the Digital Content. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, and reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of the Promoter and/or Dayna Belcher and Cathy Heiliger and is protected by law.
Review and Jurisdiction
These Terms and Conditions are subject to change at any time and at the sole discretion of the Promoter. Please visit the site regularly for updates.
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
A “forum” means any message board, chat room, user review forum or an interactive service appearing on any of the Sites and includes both public and private folders.You must register in accordance with instructions that you will find on the Sites and in order to contribute to any forum. You may not post on any forum or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights or that would otherwise violate any law.
You may not use any forum in a commercial manner. You may not post material that solicits funds or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites.
The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the
ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error- free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events. We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
No Professional Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
We don’t believe in “get rich” programs – only in hard work, adding value, building a real and professional career, and serving others with excellence and constancy. Our programs are intended to help you share your message with a wider audience and to make a difference in the world while growing your personal brand. Our programs take a lot of work and discipline just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our programs if you believe in the “money for nothing get rich quick” myth or ideology; we only want serious people dedicated to real professional development who want to add value and move humanity forward. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. We just want to help by giving great content, direction, and strategies. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, psychological or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in our products, events, services, or web site, should be done only with the
knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
The Sites are not directed to children under the age of 18 and we will not knowingly collect personally identifiable information from children under 18. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the Internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.