By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card
information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided
with products, programs, or services by Emily Thorner (“Coach”), acting on behalf of MoonRising
LLC(“Company”), and you are entering into a legally binding agreement with the Company, subject to the
following terms and conditions:
1. TERMS.
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide
services in accordance with the MoonRising program client is partaking in. This form includes all services such
as 1:1 Packages and Group programs such as: The Voice, The Healing Mind, Hypermind, The Cycle, The Cycle 2, The Game
(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those
contained therein and/or provided for on Coach’s Website as part of the Program.
(c) Coach reserves the right to substitute services equal to or comparable to the Program for Client if
reasonably required by the prevailing circumstances.
(d) Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own
success and implementation of objectives met.
(e) Coach reserves the right to remove Client from Program at any time for any reason.
e2) In the event that client is best to have outside add on support, Coach will recommend this with an outside
facilitator at an add on fee with separate facilitator.
(f) In full, Coach agrees to provide the full program agreed to. If for any reason coach is unable to provide all
agreed services, all clients will be refunded for the classes not provided.
2. METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as
proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching
sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.
3. DISCLAIMERS. By participating in the Program, Client acknowledges that the Coach is not a medical doctor,
psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other
professionals. The information in this Program is in no way to be construed or substituted as psychological
counseling or any other type of therapy or professional advice.
The Coach may provide the Client with information relating to products that the Coach believes might benefit
the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not
responsible for any adverse effects or consequences that may result, either directly or indirectly, from any
information or coaching provided.
The Coach may provide Client with third-party recommendations for such services as marketing, photography,
business, health, or other related services. Client agrees that these are only recommendations and the Coach
will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible
for any adverse effects or consequences that may result, either directly or indirectly, from any information or
services provided by a third-party.
Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be
possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s
programs, courses, and/or services. Client acknowledges that Coach has not and does not make any
representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website,
programs, products or services.
4. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Coach the full
purchase amount.
(b) Coach does not offer refunds to ensure that clients are fully committed to the
Program.
(c) If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment
schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by
Client (the “Fee”).
(d) Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will
charge the credit card chosen by the Client.
(e) In the event Client fails to make any of the payments within a payment plan during the time prescribed,
Coach has the right to immediately disallow participation by Client until payment is paid in full, including
disallowing access to modules, materials, and coaching calls. If Client has not paid within fourteen (14) days,
Coach has the right to terminate agreement.
(f) Late payments longer than one week will result in $150 late fees per week.
5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part
of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data
or material used or subsisting in the Material whether finished or unfinished. Client receives one license for
personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or
rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those
stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program,
without refund, if you are caught violating this intellectual property policy.
6. RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group coaching sessions
and/or group calls will be recorded. Client also acknowledges that the recordings may be redistributed
and/or resold at a later date as part of a separate package sold by the Coach and MoonRising may put
some or all classes in the platform at a future date.
7. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving 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. Neither Client nor any of
Client’s associates, employees or affiliates 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, the Coach
or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
8. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and
agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this
Agreement.
9. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the
Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations
express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement,
merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal,
course of performance or trade usage.
10. LIMITATION OF LIABILITY. By using MoonRising LLC services and purchasing this Program, Client accepts
any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach 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 the Program. Client agrees that use of this Program is at user’s own risk.
11. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to
this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration
Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand
and shall take place in Boston, MA or via telephone. The Parties shall cooperate in exchanging and expediting
discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration
process is completed within the ninety (90) day period. The written decision of the arbitrators (which will
provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the
State of Massachusetts, regardless of the conflict of laws principles thereof.
13. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes
all prior agreements between the parties, whether written or oral.
14. CONTACT INFORMATION. For any questions or issues regarding this Agreement, please email [email protected]