Disclaimer

DISCLAIMERS.

• It’s Love Y’all (“Kathryn Buskirk”) SERVICES ARE NOT PROFESSIONAL ADVICE. KATHRYN BUSKIRK IS NOT A DOCTOR AND DOES NOT HAE ANY LICENSES AS A MEDICAL CARE PROVIDER, PSYCHOLOGIST, PSYCHIATRIST, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT THE It's Love Y'all SERVICES ARE NOT MEDICAL TREATMENT OR THERAPY AND ARE NOT INTENDED TO PROVIDE AND DO NOT CONSTITUTE MEDICAL, MENTAL HEALTH, LEGAL, OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS AND/OR TREATMENT. THE CONTENT PRESENTED DURING THE SERVICES IS DESIGNED TO SUPPORT, NOT REPLACE, MEDICAL, PSYCHOLOGICAL AND/OR PSYCHIATRIC ADVICE AND TREATMENT. YOU ACKNOWLEDGE 1 AND UNDERSTAND THAT Kathryn Buskirk AND ITS EMPLOYEES AND REPRESENTATIVES ARE NOT LICENSED THERAPISTS, PSYCHIATRISTS, PSYCHOTHERAPISTS, DOCTORS, OR OTHER MEDICAL, PSYCHOLOGICAL AND/OR PSYCHIATRIC PROFESSIONALS AND YOU AGREE TO SEEK PROPER MEDICAL AND/OR THERAPEUTIC TREATMENT AS NEEDED. FURTHER, YOU UNDERSTAND THAT SINCE COACH AND OUR COACHES ARE NOT PROVIDING MEDICAL, MENTAL HEALTH OR ANY KIND OF HEALTHCARE SERVICES THAT YOUR RELATIONSHIP WITH COACH IS NOT PROTECTED UNDER HIPAA (HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996).

• USE OF ANY SERVICES IS AT YOUR OWN RISK. BY PURCHASING THE It's Love Y'all SERVICES, YOU ACCEPT, AGREE AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES OR GUARANTEES VERBALLY OR IN WRITING REGARDING ANY PARTICULAR OUTCOMES ASSOCIATED WITH THE SERVICES. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND RESULTS IN LIFE WHICH ARE DEPENDENT ON PERSONAL FACTORS. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED ON OUR PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED ON OUR WEBSITES, PROGRAMS, CONTENT AND OFFERINGS ARE SIMPLY OUR OPINION AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. YOU ACKNOWLEDGE, UNDERSTAND, AGREE, AND REPRESENT THAT YOU UNDERSTAND THE NATURE OF THE ACTIVITIES TO BE UNDERTAKEN IN CONNECTION WITH THE SERVICES AND THAT YOU ARE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL AND MENTAL CONDITION TO PARTICIPATE IN SUCH ACTIVITIES.

• TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

RELEASE AND INDEMNIFICATION.

• Release: You release us and others from all claims. You hereby agree to unconditionally and irrevocably forever release, discharge, and covenant not to sue Kathryn Buskirk, its subsidiaries, divisions, affiliates, managers, members, hosts, sponsors, promoters, advertisers, and all participants in the Services (each a “Releasee” and collectively, the “Releases”) from any and all claims, demands, rights, causes of action, damages, liabilities, losses, attorney’s fees, costs and expenses of any kind, arising out of, resulting from, or by any reason of, any tort, contract, and/or any statutory cause of action of any kind whatsoever which you now have or later may have (whether known or unknown, foreseen or unforeseen), against the Releases in any way resulting from, arising out of, or in connection with your preparation for and/or participation in the Services, occurring before, during, or after your actual participation in the Services, including, without limitation, claims for any injury, illness, damage, loss, or harm to you or your death, to the extent permitted by applicable law.

• Indemnity: You agree to indemnify, defend, and hold harmless Kathryn Buskirk, its subsidiaries, affiliates, and their officers, managers, members, employees, agents, attorneys, employees, representatives, agents, successors and assigns from and against any and all claims, damages, cost, judgments, penalties and expenses of any kind (including, without limitation, attorneys’ fees and litigation costs) arising from or relating to: (i) any breach by you of this Agreement; (ii) your negligence or willful misconduct and/or act or omission; and (iii) any content that you post or publish while using the Services which causes Kathryn Buskirk to be liable to a third party. You may not settle or otherwise compromise any claim without our prior written approval.

LIMITATION OF LIABILITY AND DAMAGES.

• Limitation of Liability. IN NO EVENT SHALL WE OR OUR SUCCESSORS, CONTRACTORS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT.

• Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF Kathryn Buskirk AND ITS SUCCESSORS, CONTRACTORS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO Kathryn Buskirk, IF ANY, PURSUANT TO THIS AGREEMENT.

INTELLECTUAL PROPERTY.

• Intellectual Property: Kathryn Buskirk shall retain all right, title and interest in and to all intellectual property used or created by Kathryn Buskirk in connection with the Services, including any and all copyrights, trademark rights, trade secret rights, patent rights, know-how, and materials.

• Restricted Use: Accordingly, all materials and coaching provided to you as part of the Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of Kathryn Buskirk. You may not re-use, perform, modify, broadcast, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of Kathryn Buskirk. All trademarks, logos, and service marks displayed on any materials provided as part of your Services under this Agreement are protected by US and International copyright and intellectual Property laws. Access to any materials or content online or otherwise as part of the Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of Kathryn Buskirk.

MISCELLANEOUS.

Kathryn Buskirk will perform all the Services as an independent contractor, not as an employee, partner, or joint venturer. This relationship is not exclusive and either party may have similar engagements with other parties. The failure of either party to insist on strict compliance with any of the Terms of this Agreement by the other party shall not be deemed a waiver of that term, nor shall any waiver of any right or power at any one time, or times, be deemed a waiver of that right or power for all or any other times. Nothing in this Agreement is intended or shall be construed to give any person, other than the Parties any their respective successors and assigns, any legal or equitable right, remedy, or claim under this Agreement. Any notices that need to be provided under this Agreement will be communicated via e-mail to an e-mail address generally used by the Parties for communication. This Agreement represents the entire agreement between the Parties pertaining to this subject matter and supersedes any previous agreements. If any term, provision, covenant or condition of this Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Headings are for convenience only and are not part of this Agreement.