MAMA GENA’S SCHOOL OF WOMANLY ARTS
TERMS OF PURCHASE

Relationship Technologies LLC d/b/a Mama Gena’s School of Womanly Arts (herein referred to as “Company”) agrees to provide services of the “Mama Gena’s Pleasure Coaching Tri-Certification” (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. 

Customer understands Company and its subsidiaries, owners, principals, directors, executives, assistants, employees, staff, contractors, or agents are not lawyers, doctors, managers, therapists, business managers, registered dietitians, financial analysts, psychotherapists, mental health professionals, or accountants. Customer understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they agree to see their registered physician or other practitioner as determined by their own judgment.

Customer understands that the Program is not a substitute for health care, medical, mental, emotional, 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 Program.

Customer understands and agrees if they consume alcohol and/or controlled substances, engage in physical or sexual conduct and/or interact publicly or privately with individuals during the Program they do so at their own risk.

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

Additionally, 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.

Customer acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the Program, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Program.

Customer understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. Customer agrees that its results are dependent on various factors and in no way dependent on any information Company provides to Customer.

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 Program or Retreat 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 Program or Retreat.

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 Regena Thomashauer, Company, and each of their agents, employees, officers, directors, Program 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 Program or Retreat. 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.

If Customer voluntarily or involuntarily leaves early from the Retreat or vacates the location of the Retreat at any point (“Premises”), Customer understands they assume all risks inherent and waive all liability against Company and its subsidiaries, owners, principals, directors, executives, assistants, employees, staff, contractors, or agents arising directly or indirectly from leaving the Premises.

Customer understands and agrees they are responsible for their own behavior, physical, mental and emotional choices during the Retreat. If Customer is asked to leave the Retreat grounds by the Retreat staff (including but not limited to Company Staff, Event Coordinators, Hotel Staff), Customer will not receive a refund by Company.

Customer understands and agrees if they leave the Retreat property, consume alcohol and/or controlled or uncontrolled substances, engage in physical or sexual conduct or misconduct and/or interact publicly or privately with individuals who are Customers or NOT Customers of the Company they do so at their own risk. Customer understands they assume all risks inherent and waive all liability and claims against Company and its subsidiaries, owners, principals, directors, executives, assistants, employees, staff, or agents arising directly or indirectly from this paragraph.

Customer understands and agrees all waivers and assumptions of risk in this Section apply to the Program and the Retreat.

Customer hereby agrees to pay in Full the Price of the Program at "Checkout"(Price as listed in the payment platform when Client enrolled in the Program).

Customer agrees to pay the full fee for the Program as listed at Checkout regardless of whether Customer completes the Program.

Customer understands that the total cost of the Program does not include airfare, ground transportation, and accommodations for the Retreat. See, Section (14).

Customer shall pay by Credit Card.

Under special circumstances only, if Customer cannot pay via Credit Card, Company may accept alternative payment methods at the sole discretion of the Company. If Customer requires such alternative payment methods, Customer must notify Company pursuant to any method provided in Section 8 of this Agreement.

If Customer elects to pay via the Payment Plan, Customer authorizes the Company to automatically charge Customer’s credit card every thirty (30) days. If Customer pays fee via the Payment plan, Customer agrees not to cancel any upcoming or recurring payments.

Additionally, Customer agrees not to issue or file any fraudulent credit card claims, chargebacks, or credit card disputes for payment of Fee pursuant to Section (4).

Customer shall be entitled to a refund within seven (7) days of purchase (the “Refund Period”) upon the submission of a written refund request to Company pursuant to Section 12 of this agreement. After the Refund Period expires, Customer shall be responsible for full payment of fees for the entire Program, regardless of whether Customer completes the Program or chooses the monthly payment or Pay-in-Full option.

At the time of Customer’s scheduled live training sessions with Company (the “Sessions”), Customer will meet with Company at the scheduled time. Customer understands that the Sessions will end at the appointed time even if Customer is late.

Customer understands all available times for the Sessions are at the sole discretion of the Company. If the schedule changes at any time, Company will notify Customer. All of the times are stated in Eastern Time.

For questions regarding the Program, Customer may email: info@mamagenas.com. Company’s Staff Members will answer Customer’s questions regularly during non-holiday and non-vacation weeks. Company may have a seventy-two (72) hour or more response time within that window.

Any Confidential Information shared by any representative of the Company or any other Program Participants is confidential, proprietary, and belongs solely and exclusively to the party disclosing the information. Customer agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during any Sessions, or otherwise.

Customer agrees not to use or disclose any 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 during the Program by Company or Program Participants (“Other Customers”), or in connection with this Agreement, including, but not limited to, any names, photos, geographical locations, biographical information, screenshots, addresses, telephone numbers, e-mail addresses, Program documents or curriculum, conversations, posts, messages, or discussions and shall not include information rightfully obtained from any third party.

Customer will keep Confidential Information in strictest confidence and shall use its 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.

Material given to Customer in the course of Customer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure to a third party including but not limited to, reproduction of the materials in the Program is strictly prohibited. 

All intellectual property, including Company's copyrighted programs, curriculums, manuals, services marks, logos, trademarks, webinars, documents, slides, Company messaging and/or course materials (collectively “Underlying IP”), shall remain the sole property of the Company. No license to sell or distribute Company's Materials to any third party is granted or implied. Materials given to Customer in the course of the Customer’s participation in the Program is proprietary and confidential information (“Proprietary Information”). Any disclosure to a third party is strictly prohibited. Company reserves ALL right, title, and interest to the Underlying IP.

Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this Section, the Company will be entitled to damages and injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Customer MAY utilize (incorporate) Underlying IP in the creation of their own coaching materials, trainings, documents and agrees to credit the Company and founder as “Mama Gena’s School of Womanly Arts” (“Credit”). Failure to Credit Company may result in Company revoking permission granted to Customer under this Section.

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. 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 reach their goals as a result of participation in the Program.

Customer agrees and understands they have to complete all requirements of the Program (as outlined and identified in the Company’s “Welcome Packet”) (“Requirements”) in order to be certified by Company (“Certification”). Company reserves the right not to certify the Customer for any reason or no reason. Company may offer Customer a list of requirements
(“List”) and time frame to complete the List for Certification. Upon completion, Company will review the list and may or may not Certify Customer. Customer understands Company does not guarantee Certification as a result of participation in the Program.

If Company removes Customer from the Program Customer automatically forfeits Certification and will not receive a refund for the Program. Additionally, failure to credit Company pursuant to Section (11), may result in Company revoking Customer’s Certification. Company may revoke Customer’s Certification if Customer attempts “Certify” any third parties in the Company’s Program. Certifying third parties in Company’s Program is strictly prohibited and may result in legal action.

Furthermore, upon Company’s sole discretion, Company reserves the right to revoke Certification if Customer fails to uphold the values, standards, and practices of Company (as determined by Company), violates any Section of this Agreement, directly or indirectly engages or transmits any speech  deemed to be “Hateful,” “problematic” or “inappropriate” against any person or group of people in any protected or unprotected class including but not limited to race, gender, ethnicity, sexual orientation, national origin, disability, transgender, or other valued group as determined by Company, engages in conduct that Company deems unfavorable for the Company or Program, or if Company determines Customer may pose a threat of harm to themselves or others.

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 and proceeds resulting from Customer’s Appearance.

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. Additionally, during the Retreat, Customer acknowledges that it is Customer’s responsibility to notify Company in person and obtain an identifying credential from Company and prominently display the credential on Customer at all times during the Retreat.

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.

Customer is solely responsible for: (1) booking airfare, travel accommodations, and transportation for the Retreat 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, cancelation, 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 Retreat (“Hotel Accommodations”). Customer agrees all claims and liability (if any) will be solely that of the Hotel Accommodations and/or host country.

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

In the event that any cause beyond the reasonable control of Company including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department or Federal travel advisory, National or International health crisis, event, or advisory labor strike or civil disturbance, that make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for Company to perform its obligations under this Agreement (“Force Majeure Event”), the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence as determined by the local Government or National Authority of Company’s state and/or country.

If the Company is impaired in any way in the delivery of course material, Company’s performance shall be extended without liability for the period of delay or inability to perform due to such impairment. Company agrees to communicate with Customer the reason for delay and foreseeable timeline for delivery, if any. Customer will not receive a refund or cancellations of payments during a “Force Majeure Event.”

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

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 or enrollment in the Program. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; loss, any type of 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, third parties, 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 they 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 programs, members, owner directors, officers, Affiliates, subsidiaries, employees, contractors, agents, or representatives.

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. 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 of monthly payments for any reason or no reason or if Customer become disruptive to Company, difficult to work with or upon violation of the terms as determined by Company. If Company terminates the Agreement, Customer will not be liable to pay the total contract amount. Upon termination or expiration of this Agreement, Sections 2, 9, 11, 13, 16, and 17, remain in full force and effect in perpetuity.

E) Indemnification. Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement.  Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

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 the American Arbitration Association (“AAA”) in New York, New York. Customer understands they may only resolve disputes with Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand.  The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The arbitration will be held before one arbitrator pursuant to the AAA rules. The written decision of the arbitrator (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. Customer agrees their damages, award or judgment shall be limited to the total cost of the Program. Customer further agrees that Company shall be entitled, in addition to damages, unpaid fees, costs and interest, to recover the costs of the arbitration proceedings as well as any collection proceedings, as necessary, including reasonable attorneys’ fees. In the event it shall be necessary to obtain a court order confirming any such arbitral award, or to otherwise bring a court proceeding, Customer shall submit to the jurisdiction of any court of competent jurisdiction sitting in New York, 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 affected 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: support@mamagenas.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.