The Peaceful Birth Method LLC

COURSE ENROLLMENT SERVICE AGREEMENT

THIS COURSE ENROLLMENT SERVICE AGREEMENT (the “Agreement”) is made effective as of date of purchase (the “Effective Date”), by and between: (1) THe Peaceful Birth Method LLC (hereinafter “Peaceful Birth Method”), located at 1840 Willamette street Eugene OR 97401 and (hereinafter “Student”) collectively referred to herein as the “Parties,” and individually as a “Party”.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Peaceful Birth Method and Student agree as follows:

1. “THE PEACEFUL BIRTH METHOD ONLINE COURSE. Student hereby retains the teaching and mentorship services of Peaceful Birth Method and desires to participate in Peaceful Birth Method’s courses (collectively the “Courses,” the “Peaceful Birth Method Program,” and/or “Services”) which shall provide expecting families with evidence-based education to support students in giving birth in alignment with their highest values. The Course shall include discussions concerning the following topics: emotional preparation for childbirth, informed care, risks and benefits of interventions, creating the ideal birth environment and birth team, avoiding tears during birth, positions for labor and birth, hormonal health, sexual health, and postpartum and newborn care. 
2. COMPENSATION OF Peaceful Birth Method. Student’s total tuition expense shall be paid to Peaceful Birth Method. (the “Course Fee”) to be paid via stripe, PayPal or credit card immediately upon the signing of this Agreement unless agreed otherwise by the Parties hereto and Peaceful Birth Method has provided Student with written consent approving any such alternate payment plan. The Course Fee shall be paid in full before beginning the Course.
   2.1 A late charge of $35 shall be added for any delinquent payment of Student. Furthermore, Student agrees to pay for any and all costs of collections, including any applicable collection agency fees, attorneys’ fees and/or court costs incurred by Peaceful Birth Method. Any and all late payments owed by Student to Peaceful Birth Method shall accrue interest at a rate of 1.5% Per Month.
   2.2 Should a Student’s account be in arrears more than ninety (90) days at any given time, Peaceful Birth Method shall have the right to accelerate the total unpaid balance of tuition and fees due under this Agreement. Furthermore, when any such Student account is in such arrears, Peaceful Birth Method may direct such account to a collection agency and/or legal counsel in its attempt to collect upon any such Student’s unpaid fees.
3. INTELLECTUAL PROPERTY RIGHTS. Peaceful Birth Method retains all ownership rights to the materials provided to Student during the term of this Agreement. The materials that Student is provided by Peaceful Birth Method are for Student’s use only and with a single-user license. Student is not authorized to share, copy, distribute, or otherwise disseminate any materials received from Peaceful Birth Method electronically or otherwise without Peaceful Birth Method’s prior written consent. All intellectual property shall remain the sole property of Peaceful Birth Method, and no license to sell or distribute Peaceful Birth Method’s materials is hereby granted or implied. Student agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes any materials provided by Peaceful Birth Method to Student without Peaceful Birth Method’s prior written consent.
4. ASSUMPTION OF RISK. Student acknowledges that Student takes full responsibility for the Student’s wellbeing and all decisions made before, during and after the Services provided by Peaceful Birth Method. All information and the Services provided to Student are made available to Student as business tools for Student’s own use and for informational and educational purposes only. Student accepts full responsibility for its choices, actions and results, and expressly assumes the risk of the Services for Student’s use, or non-use, of the information provided to Student. Student also acknowledges and understands that Student expressly assumes all of the risks related to the Services provided by Peaceful Birth Method to Student, whether or not such risks were created or exacerbated by Peaceful Birth Method.
   4.1 Peaceful Birth Method DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION PROVIDED BY Peaceful Birth Method IS FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PROVIDED BY Peaceful Birth Method IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS AND/OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT AND BEFORE UNDERTAKING A NEW HEALTH CARE REGIMEN, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION PROVIDED BY Peaceful Birth Method.
5. DISCLAIMER OF WARRANTIES. Notwithstanding anything to the contrary in this Agreement, Peaceful Birth Method makes no and disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose with respect to the Services to the extent permitted by applicable law. Peaceful Birth Method makes no representations or warranties as to the success of the Services for any purpose or use. Past results are in no way a guarantee of results for any current student of Peaceful Birth Method. Student hereby acknowledges and agrees that it is not relying upon or has not relied upon any representations or warranty not included in this Agreement that may have been made by any person, and acknowledges and agrees that Peaceful Birth Method disclaims any such other representations and warranties. Peaceful Birth Method is not responsible for any damages for information or Services provided even if Peaceful Birth Method has been advised of the possibility of damages.
6. INDEPENDENT CONTRACTOR STATUS. Peaceful Birth Method is an independent contractor with respect to its relationship to Student. Neither Peaceful Birth Method nor Peaceful Birth Method’s employees and/or contractors are or shall be deemed for any purpose to be employees of Student.
7. LIMITATION OF LIABILITY. Under no circumstances shall Peaceful Birth Method be liable to Student or any third-party for indirect, incidental, consequential, special and/or exemplary damages (even if that party has been advised of the possibility of such damages), arising from the Services herein contemplated or any provision of this Agreement, such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, or liabilities to third parties arising from any source. Peaceful Birth Method’s maximum liability hereunder shall be limited to the amount of fees actually paid by the Student to Peaceful Birth Method in connection with the Services hereunder.
8. INDEMNITY. Student shall indemnify and hold harmless Peaceful Birth Method and its directors, officers, contractors, agents and affiliates from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from any act or omission of Student with respect to the subject matter of this Agreement.
9. NON-DISCLOSURE COVENANT. Student hereby agrees: (a) to hold the proprietary information of Peaceful Birth Method in strict confidence and to take all reasonable precautions to protect such information (including, without limitation, all precautions Peaceful Birth Method employs with respect to its own confidential materials); (b) not to disclose any such proprietary information or any information derived therefrom to any third-party; (c) not to make any use whatsoever at any time of such proprietary information except to utilize such information in accordance with the Services provided by Peaceful Birth Method to Student; and (d) not to copy in any way any such proprietary information. For purposes of this Agreement, “proprietary information” shall mean any data and/or information that is competitively sensitive material and/or not generally known to the public pertaining to the service offerings of Peaceful Birth Method. STUDENTS ARE NOT ALLOWED TO SHARE AND/OR DISTRIBUTE IN ANY MANNER ANY OF THE TRAINING RESOURCES PROVIDED BY Peaceful Birth Method TO STUDENT WITH ANYONE OUTSIDE OF Peaceful Birth Method’S OPERATIONS.
10. TERMINATION OF STUDENT’S PARTICIPATION IN THE COURSE. Peaceful Birth Method reserves the right to terminate Student’s participation in the Course, if, in the sole discretion of Peaceful Birth Method, Student (a) acts in a dishonest or deceitful way; (b) acts fraudulently and/or perpetrates a fraud; and/or (c) behaves immorally. Should Peaceful Birth Method terminate Student’s participation in the Course for any of the herein mentioned reasons, Student shall receive no refund of any deposits and/or payments made by Student to Peaceful Birth Method.
11. ASSIGNMENT. This Agreement is not assignable, in whole or in part, by Student without the prior written consent of Peaceful Birth Method. Any attempt to make such assignment without Peaceful Birth Method’s consent shall be void.
12. ATTORNEYS’ FEES. In any legal action between the Parties concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs.
13. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
14. EQUITABLE REMEDIES. Peaceful Birth Method may be entitled to equitable relief, including injunction and specific performance, in the event of any breach of the provisions of this Agreement by Student or its representatives, in addition to all other remedies to them in accordance with the terms of this Agreement. Any remedy provided for in this Agreement is not intended to be exclusive of any other available remedy or remedies, but shall be cumulative and shall be in addition to every other remedy given under this Agreement or existing at law or in equity or by statutes.
15. GOVERNING LAW & FORUM. This Agreement shall be construed in accordance with the laws of the State of Oregon, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of Oregon, and both Parties expressly consent to jurisdiction in such courts.
16. COMPLETE AGREEMENT & AMENDMENT. This Agreement supersedes all prior agreements and understandings between the Parties for performance of the Services and constitutes the complete agreement and understanding between the Parties. The Parties may only amend this Agreement in a written document signed by both Parties.
17. CONSENT TO RECEIVE EMAIL COMMUNICATIONS. By agreeing to the terms of this Agreement, Student acknowledges and accepts that correspondence will be sent to the email address provided by Student. Correspondence may include, but is not limited to, the following: general information, newsletters, etc. as well as other administrative correspondence. Be advised that you can unsubscribe to any general newsletters at any time by clicking the “Unsubscribe” link on the bottom of the email.  

STUDENT ACKNOWLEDGES THAT SUCCESS IN ANY ENGAGEMENT BETWEEN STUDENT AND Peaceful Birth Method IS PREDICATED ON THE PARTICIPATION AND AVAILABILITY OF THE STUDENT. STUDENT IS SOLELY RESPONSIBLE FOR CREATING AND IMPLEMENTING ITS OWN DECISIONS, CHOICES, ACTIONS AND RESULTS ARISING OUT OF OR RESULTING FROM THE TEACHING RELATIONSHIP CONTEMPLATED HEREIN. AS SUCH, STUDENT AGREES THAT Peaceful Birth Method IS NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTION, OR FOR ANY DIRECT OR INDIRECT RESULT OF ANY SERVICES PROVIDED BY Peaceful Birth Method.

BY CLICKING THE “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS ON THIS PAGE” BOX, STUDENT ACKNOWLEDGES AND AGREES THAT STUDENT ACKNOWLEDGES, UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS CONTAINED IN THIS COURSE ENROLLMENT SERVICES AGREEMENT.