These Terms of Service (“Terms”) govern your access to and use of the services provided by A Joyful Life with Jennifer, LLC (“Service Provider”). By accessing or using Service Provider’s services, you (“Participant”) acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein or available by hyperlink.
These Terms are effective upon Participant’s acceptance of them, either by accessing Service Provider’s services or by expressly agreeing to these Terms and apply to all participants of Service Provider’s services. If Participant does not agree to these Terms, please do not access or use the services. Participant’s continued use of the services following the posting of any changes to these Terms constitutes acceptance of those changes.
Description of Services. Service Provider offers a range of services to Participant, which may include, but are not limited to, small group workshops focused on balanced living, resilience, and healthy aging, one-on-one sessions centered around the same themes, and yoga classes (the “Services”). These Services are designed to be accessible and inclusive, providing options for both in-person and virtual participation. Services can be booked online through the Service Provider's designated platforms or contact channels.
Payment Terms. Participants are required to make payment in full prior to receiving any Services from the Service Provider. Payments must be made in accordance with the payment instructions provided by the Service Provider at the time of Service registration or booking.
All payments are final and non-refundable, except as may be required by applicable law. In the event that a Participant is unable to receive the Service due to circumstances beyond the control of the Service Provider, the Service Provider may, at its sole discretion, provide a credit for future Services in lieu of a refund.
Cancellation Policy. To ensure fairness and allow for adequate scheduling adjustments, the following conditions apply:a. Cancellations must be made at least 24 hours in advance of the scheduled service time.In the event that a Participant fails to cancel within this timeframe, the Service Provider reserves the right to charge a cancellation fee, as detailed in the payment instructions.
Exceptions to this policy may be considered on a case-by-case basis at the discretion of the Service Provider. Circumstances warranting potential exceptions include but are not limited to medical emergencies or severe weather conditions.
Participants are encouraged to communicate any need for cancellation to the Service Provider as soon as possible to facilitate the possibility of rescheduling or making other arrangements.
Eligibility and Use of Services. To be eligible to use our services, you must be at least 18 years old and capable of forming a binding contract. By accessing or using the services, you represent and warrant that you meet these eligibility requirements. The Service Provider reserves the right to refuse service to anyone for any reason at any time.Limitation of Liability. Service Provider and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to any Participant or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Service Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services provided; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Services provided. It is expressly understood and agreed that the Service Provider's total liability to any Participant or any third party under any circumstances shall not exceed the amount of fees paid by the Participant to the Service Provider for the services from which the claim arises within the six (6) months immediately preceding the claim. Any claim or cause of action arising out of or related to use of the Service or to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Disclaimer of Warranties. The services provided by Service Provider are offered on an 'as is' and 'as available' basis. Service Provider makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, or products included therein. To the fullest extent permissible by applicable law, Service Provider disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Service Provider does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components. Participants expressly agree that their use of the services is at their sole risk.
Disclaimer. PARTICIPANTS ACKNOWLEDGE THAT THE SERVICES PROVIDED BY SERVICE PROVIDER ARE NON-CLINICAL AND ARE NOT A SUBSTITUTE FOR MEDICAL OR MENTAL HEALTH CARE. PARTICIPANTS ARE ADVISED TO CONSULT THEIR MEDICAL OR MENTAL HEALTH PROVIDER BEFORE BEGINNING ANY NEW MOVEMENT OR BREATHWORK PROGRAM, ESPECIALLY IF THEY ARE PREGNANT, POST-SURGICAL, MANAGING PAIN, OR HAVE KNOWN MEDICAL OR MENTAL HEALTH CONDITIONS.
Violation of Terms: Any violation of these Terms may result in immediate termination of Services, suspension of account, and potential legal action. Service Provider reserves the right to investigate and take appropriate action against users who breach these Terms, including permanent ban from the Service and pursuit of damages.
Dispute Resolution. In the interest of resolving disputes between Service Provider and Participant in the most expedient and cost-effective manner, Participant and Service Provider agree that any and all disputes arising in connection with the Terms, including any question regarding its existence, validity, or termination, shall be resolved in accordance with the provisions set forth herein. Before engaging in any formal dispute resolution proceedings, the parties agree to first attempt to resolve the dispute informally through negotiation. This informal negotiation period shall last for a minimum of thirty (30) days from the date on which either party first sends to the other party a written notice of the dispute. If the dispute cannot be resolved through negotiation within the specified time frame, the parties agree to attempt to resolve the dispute through mediation before a mutually agreed-upon mediator in Ohio. The costs of the mediation will be shared equally between the parties. Should mediation fail to resolve the dispute, the parties agree that the dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be in the state of Ohio, and the arbitration shall be conducted in the English language. The parties further agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice or conflict of law provisions or rules. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the services provided hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the city and county of service provision. Each party consents to the jurisdiction of such courts and waives any right to a jury trial. This choice of jurisdiction does not prevent the Service Provider from seeking injunctive relief in any jurisdiction.
Modification of Terms. Service Provider reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Service Provider will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Service Provider's sole discretion. By continuing to access or use the services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the services.
Contact Information. For any inquiries, requests, or notifications required or permitted under this Terms of Service, the Participant shall direct such communications to the Service Provider at the following contact information:
Email: jennifer@jenniferballou.com
Phone: (910) 429-5772
All communications shall be deemed effectively received by the Service Provider if delivered by email, on the date of the email transmission; if by phone, on the date of the verbal communication; or if by mail, on the date marked as received by the postal service or courier service used.