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NOWBLOOM TERMS OF SERVICE, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY WARNING: THIS IS A BINDING LEGAL AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!
At NowBloom Institute Inc. (“NowBloom”) our objective is to assist individuals connect with life coaches in order to engage in direct, personal and confidential conversations related to matters including, but not limited to, their personal struggles, life goals, and general circumstances. Many individuals find that having an experienced life coach to engage in guided life coaching discussions is a valuable tool in order to achieve desired goals. NowBloom provides a matching service between individuals and independent life coaches (the “Coaches”), and thereafter facilitates the provision of life coaching services through NowBloom’s website. Below we have set out the terms and conditions that apply to the delivery of these services. By procuring the services offered by NowBloom, you will be required to agree to these terms of service, including the release of liability, waiver of claims, assumption of risks, and indemnity (“Terms of Service”). Please review them carefully as they constitute a binding legal agreement between you (“You, “Your”, or “Client”), and NowBloom. IN CONSIDERATION OF THE PROMISES SET OUT IN THIS AGREEMENT, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE AS FOLLOWS: 1. Agreement to be Bound These Terms of Service describe and govern all access and use of all products, services, websites, platforms, communication services, and documentation, present or future, associated with NowBloom for the purpose of providing You a Coach with whom You can engage in guided life coaching discussion sessions (collectively, the “Services”). Access or use of the Services by You shall constitute agreement by you on your own behalf to be bound by these Terms of Service, as they may be amended. 2. Amendments to Terms of Service NowBloom may, in its sole and absolute discretion, amend the Terms of Service at any time and from time to time by posting such amended Terms of Service to its website. Such amended Terms of Service shall be effective and binding as soon as they are posted, and any use of the Services after such posting constitutes agreement to and acceptance of the amended Terms of Service. You are responsible for monitoring the posted Terms of Service regularly for amendments that may impact You. Document ID: 240486370478060 2 010106.001\6135633.1 3. Life Coaching Sessions NowBloom provides a matching service providing You access to Coaches in order to engage in guided life coaching discussion sessions (“Sessions”). 4. Fees NowBloom will not charge You a fee for accessing NowBloom’s website for the purpose of matching with a Coach. Upon engaging the services of a Coach and booking a Session, You will be invoiced by the Coach for hourly fees charged by the Coach to You (the “Fees”). You agree to pay the Fees to NowBloom at that time, prior to participating in the Session. All payments of Fees are to be made in U.S. dollars via credit card through a third-party service provider specified by the Coach. 5. Violation of Terms of Service Upon any violation of the Terms of Service by You, NowBloom may suspend or terminate your access and use of the Services. 6. Term a. This Agreement will commence upon Your execution of these Terms of Service. b. You may terminate these Terms of Service by providing 24 hours’ notice of same to NowBloom, which may be provided for any reason whatsoever. c. NowBloom may terminate these Terms of Service by providing You with 24 hours’ notice of same, which may be provided for any reason whatsoever. 7. Personally Identifiable Information As a result of access to and use of the Services, NowBloom may come into possession of personal information about You, including personally identifiable information. NowBloom’s collection and use of that information is governed by British Columbia’s Personal Information Protection Act and other applicable laws. Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity For and in consideration of NowBloom’s agreement to assist You in obtaining life coaching services, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, You, the client agree as follows: 8. By signing these Terms of Service, You acknowledge that: a. obtaining the Services is voluntary and that NowBloom and its related companies, affiliates, officers, employees, contractors, agents, successors, administrators, and Document ID: 240486370478060 3 010106.001\6135633.1 assigns (the “Releasees”) are not responsible for and do not accept any liability or responsibility for any loss, cost, injury, risk or damage that You may suffer or incur as a result of obtaining the Services; b. NowBloom expressly makes no representations or warranties concerning the provision of the Services, including, without limitation, with respect to the information provided through the Services or the scheduling of the Services. 9. By signing this Agreement You acknowledge and voluntarily agree to freely assume and accept all risks to You as a result of obtaining the Services, both anticipated and unanticipated. 10. You agree as follows: c. To waive, release, forever discharge, and indemnify the Releasees from any and all manner of actions, causes of action, suits, demands, debts, contracts, claims, damages, injuries, interest, costs, and expenses (including costs for reasonable legal counsel fees) that You or any third party has, or may in the future have, against the Releasees by reason of or arising out of or, in any way connected with or resulting from You obtaining the Services due to ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, by the Coach. I the Client, understand and herby release NowBloom from all liability, waive all claims against the NowBloom and agree to waive, release, forever discharge, and indemnify the NowBloom as listed above 1. Enurement The provisions of these Terms of Service will ensure to the benefit of and be binding upon You, and Your successors, related companies, heirs, executors, and personal legal representatives, and NowBloom, its successors, related companies, and legal representatives. 2. Governing Law These Terms of Service will be governed by and interpreted solely in accordance with the laws of the Province of British Columbia. Each party attorns to the exclusive jurisdiction of the courts of British Columbia. 3. Severability If any term or condition of these Terms of Service is determined by a court of competent jurisdiction to be invalid or enforceable such term shall be severed and deleted from the Terms of Service, and the remaining terms shall continue in full force and effect. Sandra Kayira Document ID: 240486370478060 4 010106.001\6135633.1 I have read, understand, and agree to these Terms of Service and ALL the Terms of Service’s aforementioned terms, and agree that by signing this document I have given up certain legal rights which I or my heirs, executors, administrators, assigns and representatives may have against the Releasees. In agreeing to these Terms of Service I am not relying upon any oral or written representations or statements made by NowBloom with respect to the safety or value of the Services. I acknowledge and agree that I have received an opportunity to obtain legal advice prior to executing these Terms of Service and that such advice has been obtained or waived.