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"The best gift anyone can give themselves is to work with Jessica as an apprentice. Run, don't walk!"
- Louise, Sydney
Welcome to the Apprenticeship Program. I provide the terms and conditions of the program below and ask that you read them before making any commitment. By purchasing this program, you agree to the following terms and conditions:
OPERATIVE PART 1. Interpretation
This agreement is governed by the laws of Massachusetts and the parties submit to the non- exclusive jurisdiction of the courts of that state. In the interpretation of this agreement:
(a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
(b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders and references to documents or agreements also mean those documents or agreements as changed, novated or replaced;
(c) Grammatical forms of defined words or phrases have corresponding meanings;
(d) Parties must perform their obligations on the dates and times fixed by reference to the capital city of Massachusetts;
(e) Reference to an amount of money is a reference to the amount in the lawful currency of the United States;
(f) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
(g) References to a party are intended to bind their heirs, executors, administrators, successors and assigns; and
(h) Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
(i) Confidential information means all information acquired by the Apprentice from the Way Shamanism relating to the undertaking described in the schedule.
2. Operative provisions
(a) To secure their place in the program the Apprentice must remit the amount of $8888(USD) to the Way Shamanism.
(b) On payment referred to in clause
2(a) the Apprentice will receive a teaching program, consisting of 9 remotely held training sessions and remote coaching support. The structure and format of the Apprenticeship program may be subject to change, of which the Apprentice will be notified.
(c) Missed payments may result in halting the program and after two missed payments the student’s program access may be terminated or put on hold. (d) When payments are not completed within 28 days past due date the payment will automatically be forwarded to a third-party collector.
(e) Payment for this program is non-refundable and non-transferable. Payment plans are binding, automatic and not a membership that can be paused or cancelled. It is the Apprentice’s responsibility to provide a valid and up to date payment method.
3. Warranties, understanding and undertakings
The Apprentice acknowledges, understands and agrees;
(a) That the nature of this shamanic journey work and Apprenticeship is spiritual and energetic, and not meant as a substitute for medical care.
(b) That there is no guarantee of a particular outcome, and hereby release Jessica van den Brand and her affiliates from any and all claims arising from the training or information shared in the training.
(c) To the methodology of the course.
(d) That the work will be done remotely and not in person.
(e) That they are engaging in this work on a fully voluntary and elective basis. (f) That while The Way Shamanism takes responsibility to impart training to the best of their abilities, the responsibility is their own in successfully implementing the teachings, required homework practice time and experiences of the Apprenticeship.
(g) That the completion of the program qualifies them to undertake client work but not commodify or appropriate The Way Apprenticeship materials and teachings.
(h) The confidential nature of The Way Shamanism Apprenticeship, materials and documents provided in the Apprenticeship.
(i) Not to write about the The Way Shamanism, Apprenticeship Program or Jessica van den Brand or any affiliation in any media including social media, online platforms and websites, without explicit written permission.
(j) That they are solely responsible for actions taken during or after the program.
(k) They will have access to the teaching program for one year.
(l) That termination of collaboration is at the discretion of Jessica.
4. Confidentiality
The parties must keep the terms of this agreement confidential, save for any necessary disclosure to their respective legal and financial advisers, or otherwise as required by law.
5. Obligations of Apprentice of confidential information In consideration of the Way Shamanism providing the Apprentice with access to confidential information the Apprentice agrees to:
(f) Treat the confidential information as subject to a duty of confidence and to only use it for the purpose of the undertaking described;
(g) Only disclose the confidential information on a need-to-know basis to the officers, employees and professional advisers of the Apprentice;
(h) Advise each person to whom the confidential information is permissibly disclosed under this agreement that the Apprentice is subject to a duty of confidence and that the confidential information is not to be used for any purpose other than for the undertaking described in the schedule;
(i) Take at the Apprentice’s expense all reasonable steps to comply with the Apprentice’s obligations under this agreement;
(j) Take at the Apprentice’s expense all reasonable steps necessary to enforce the Apprentice’s duty of confidence against any person to whom the confidential information has been permissibly disclosed by the Apprentice and who is in breach of that duty; and
(k) On request provide the Way Shamanism with a list of any recipients of the confidential information and details of any action taken against them to recover the confidential information. 6. Ownership, safe keeping and return of confidential information
(l) All confidential material including copies remain the absolute property of the Way Shamanism.
(m) All confidential material including copies must be securely stored by the Apprentice.
(n) Upon written demand the Apprentice will immediately return to the Way Shamanism all confidential information and any copies and will cause all other Apprentices of the confidential information to do likewise.
7. Indemnity
The Apprentice indemnifies the Way Shamanism against any loss, damage, cost or expense incurred by the Way Shamanism directly or indirectly, as a result of a breach by the Apprentice, or other person or corporation receiving the confidential information from the Apprentice, of any of the terms of this agreement.
8. No assignment
The rights and obligations under this agreement cannot be assigned by the Apprentice.
9. Entire agreement
This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
10. Amendment and/or Termination
(a) An amendment or variation to this agreement is not effective unless it is in writing and signed by all the parties.
(b) Either party may terminate this agreement at any time and on 3 days’ notice in writing;
(c) Any refund provided due to termination is at the absolute discretion of the Way Shamanism and will not include any amounts for work that has already been prepared, planned, provided or completed.
(d) All bookings are non-refundable and non-transferable. Cancellations within 48 hours of the session will be charged $888,00 USD and after two late cancellations the Apprenticeship may be placed on hold and rescheduled and discretion of The Way Shamanism. Rescheduling of sessions at the discretion of Jessica will take place within a maximum of 4 weeks depending on her availability.
11. Dispute resolution
If a dispute arises between the parties, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:
(a) Notification The complainant must inform the respondent in writing of the following:
(i) The nature of the dispute;
(ii) The outcome the complainant desires, and
(iii) The action the complainant believes will settle the dispute.
(b) Endeavour to resolve dispute On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.
(c) Mediation
Any unresolved dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation under the Mediation Rules of the Resolution Institute.
(d) Survival of this clause This clause survives termination of this agreement.
12. Waiver
Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
13. Events beyond control
Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
14. Severance
If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force.
15. Notices
A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:
(a) Delivered personally; or
(b) Posted to their address when it will be treated as having been received on the second business day after posting; or
(c) Faxed to their facsimile number when it will be treated as received when it is transmitted; or
(d) Sent by email to their email address, when it will be treated as received when it enters the Apprentice’s information system.
16. Counterparts This agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the agreement will be the date on which it is executed by the last party.
17. Governing law and jurisdiction This agreement is governed by and must be construed in accordance with the laws of Massachusetts, United States of America.
Each party:
(e) Irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Massachusetts, and all courts which have jurisdiction to hear appeals from those courts; and
(f) Waives any right to object to proceedings being brought in those courts for any reason.
18. Costs
Each party will pay their own costs in relation to this agreement.
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