Terms and Conditions | Ever Free Wellness

Ever Free Wellness

Terms and Conditions

Last Updated: 08/04/18

Welcome to Ever Free Wellness, we strongly urge you to take your time reading the terms and conditions and make sure you fully understand them, before you register/pay/use our services.

Please note that:

ACCESSING OR USING THIS WEBSITE AND ANY OTHER WEBSITES THROUGH WHICH EVER FREE WELLNESS MAKES ITS SERVICES AVAILABLE, INCLUDING USING THE RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND BY COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT YOU: 1-HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, 2- YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH EVERFREEWELLNESS, 3- YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE PERSON OR ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT PERSON OR ENTITY TO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. THE WEBSITE AND THE SERVICES TOGETHER ARE REFERRED TO IN THESE TERMS AS “EVER FREE WELLNESS.”

THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Regarding my participation in services (Adult):

Responsibilities and Liability for engaging in outdoor activities and My Rights as a client

1.I understand that I am consenting to outdoor individual counseling services provided by Ever Free Wellness.

2. I understand and agree that these Terms are binding upon my signature on the registration/invoice/payment page.

3. I understand that the Ever Free Wellness Program descriptions, terms and conditions, privacy policy and any fees that may be applicable are set forth on the registration/invoice/payment page.

4. I understand that these services are voluntary and that I may withdraw at any time.

5. I understand that these are pre-paid services, with a 50 minute time allocation for each individual service, and that my withdrawal does not mean I am no longer responsible for payment of services and that I must adhere to registration, refund, and cancellation policies found starting in section 42.

6. I understand that there are inherent dangers to being in an outdoors nature program that includes, but not limited to: sun exposure, heat illness, coming into contact with plants that could lead to (but not limited to): poising ivy and or skin dermatitis, as well as falls, scrapes, getting wet, and insect bites that could lead to (but not limited to): West Nile virus, Lyme disease, and other insect-borne diseases.

7. I understand that to prevent hazards I must keep myself hydrated, apply sunscreen as needed, bring and apply bug spray, and adhere to the advice and instructions provided by The Ever Free Wellness Staff, as well as engage in common sense practice while attending the workshops.

8. I understand that Ever Free Wellness services are conducted in public park settings and that myself, as well as the Ever Free Wellness staff are subject to follow the laws and regulations as set forth by the county which maintains the parks. I understand that any unlawful behavior in a public setting may be reported to the authorities by the Ever Free Wellness Staff and or other citizens using the public area.

9. I understand that Ever Free Wellness services take place in a pre-determined public park area and that while participating in the Ever Free service I will come into contact with individuals who will be attending/participating in the designated public park which is open to the public. I understand that the Ever Free Wellness staff request that I exercise caution and good judgment when attending the programs and that Ever Free Wellness is not liable for any problems or issues that may arise from the use of the public park area.

10. I understand that I am solely responsible for my interactions with people who I may come into contact through the services provided. Ever Free Wellness reserves the right, but has no obligation, to intercede in disputes. When interacting with others I agree to exercise caution and common sense to protect my personal safety and property, just as when I would be interacting with other persons whom I don't know. Ever Free Wellness and its affiliate will not be liable to any claim, injury or damage arising in connection with my interactions in the pre-determine public park setting.

11. I understand that Ever Free Wellness does not make representation or warranties regarding the conduct of other participants in the program and or of the people who may be accessing and or participating in the pre-determined public park area.

12. I understand that as a client of Ever Free Wellness I have the right to:

-Receive high-quality service

-Be treated with respect and courtesy

-Be treated fairly and not deprived of any constitutional, civil or legal rights, regardless of age, race, religion, gender, nationality, sexual orientation, marital status and disability

-Have my information kept private and confidential except as described in Ever Free Wellness privacy statement (add link to this), which explains the terms of confidentiality when conducting services outdoors.

-Be listened to and have staff work with me to make a plan to address my concerns and needs

-Be served without discrimination

-Discuss my services with staff to identify if it is working for me and express any questions or complaints that I may have, which are explained in section 56.

13. I understand that as a client the Ever Free Wellness staff will need for me to:

Treat the staff and others at Ever Free Wellness with courtesy and respect

Follow the registration, refund, and cancellation policies found starting in section 42, which states that I must contact Ever Free Wellness 24 hours before I cannot come to an appointment.

14. By electronically signing/registering/paying, I agree to bear all risks and acknowledge that if I am hurt or property is damaged during my participation in services, I may be found by a court of law to have waived my right to maintain a lawsuit against the Ever Free Wellness providers and Ever Free Wellness, LLC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read & understood it, and I agree to be bound by its terms.

Regarding participation in services for my child/children and myself:

Responsibilities and Liability for engaging in outdoor activities and My Rights as a client:

15. I represent the I am the parent and or legal guardian of the child and/or children, under the age of 18, for whom I have completed the Ever Free Wellness Registration Form and I have voluntarily agree to allow participation in the Ever Free Wellness Programs.

16. I understand and agree that these Terms are binding upon my signature on the registration/invoice/payment page for myself and my children.

17. I understand that the Ever Free Wellness Program descriptions, terms and conditions, and any fees that may be applicable are set forth on the registration/invoice/payment page.

18.I understand that these services are voluntary and that I may withdraw myself and my child/children at any time.

19. I understand that these are pre-paid services that rund for a pre-determined length of as stated in the registration page and the withdrawal of my child/children does not mean I am not responsible for payment of services and that I must adhere to the registration, refund, and cancellation policies found starting in section 42.

20. I understand that there are inherent dangers to being in an outdoors nature program that includes, but not limited to: sun exposure, heat illness, coming into contact with plants that could lead to (but not limited to): poising ivy and or skin dermatitis, as well as falls, scrapes, getting wet, and insect bites that could lead to (but not limited to): West Nile virus, Lyme disease, and other insect-borne diseases.

21. I understand that to prevent hazards I must keep my child/children and myself hydrated, apply sunscreen as needed, bring and apply bug spray, and adhere to the advice and instructions provided by The Ever Free Wellness Staff, as well as engage in common sense practice while attending the workshops.

22. I understand that if my child/children is/are between the ages of 2 to 7 I must remain with him/her at all times, and if my child/children is/are 8 years of age and older I must remain in the premises and be available to make immediate medical decisions for my child’s/children’s needs if necessary. I understand that my participation in the program is part of the program’s goal and that parental involvement is key to the program’s success.

23. I understand that while all participants in the Ever Free Wellness programs are consistently well supervised, accidents do happen. I assume all risk of injury or harm to myself and or my child/children associated with participation in the program and agree(s) to release, indemnify, defend and forever discharge Ever Free Wellness and it's staff, employees, and agents of and from all liability, claims, demands, damages, costs, expenses, actions and causes of action in respect of death, injury, loss or damage to myself or child/children, howsoever caused, arising or to arise by reason of or during my and my child's participation in the workshop.

24. I understand that Ever Free Wellness Programs are conducted in public park settings and that my child/children and myself, as well as the Ever Free Wellness staff are subject to follow the laws and regulations as set forth but the county which maintains the parks. I understand that any unlawful behavior in a public setting may be reported to the authorities by the Ever Free Wellness Staff and or other citizens using the public area.

25. I understand that Ever Free Wellness programs take place in a pre-determined public park area and that while participating in the Ever Free programs I will come into contact with other parents, children, and individuals who will be participating in the programs alongside myself and my child/children, and or will be attending/participating in the designated public park which is open to the public. I understand that the Ever Free Wellness staff request that I exercise caution and good judgment when attending the programs and that Ever Free Wellness is not liable for any problems or issues that may arise from or at any of these programs.

26. I understand that I am solely responsible for the interactions, of my child/children and myself, with people who we may come into contact through the services provided. Ever Free Wellness reserves the right, but has no obligation, to intercede in disputes. When interacting with others I agree to exercise caution and common sense to protect myself and my child/children personal safety and property, just as when I or my child/children would be interacting with other persons whom I don't know. Ever Free Wellness and its affiliate and licensors will not be liable to any claim, injury or damage arising in connection with my own or my child/children’s interactions in the pre-determine public park setting.

27. I understand that Ever Free Wellness does not make representation or warranties regarding the conduct of other participants in the program and or of the people who may be accessing and or participating in the pre-determined public park area.

28. I understand that as a client of Ever Free Wellness my child/children and myself have the right to:

-Receive high-quality service

-Be treated with respect and courtesy

-Be treated fairly and not deprived of any constitutional, civil or legal rights, regardless of age, race, religion, gender, nationality, sexual orientation, marital status and disability

-Have my information and that of my child/children kept private and confidential except as described in Ever Free Wellness privacy statement (add link to this), which explains the terms of confidentiality when conducting services outdoors.

-Be listened to and have staff work with me to make a plan to address my concerns and needs

-Be served without discrimination

-Discuss my services and the services of my child/children with staff to identify if it is working for me and or my child/children and express any questions or complaints that I may have, which are explained in section 56.

29. I understand that as a client the Ever Free Wellness staff will need for me to:

Treat the staff and others at Ever Free Wellness with courtesy and respect

Follow the registration, refund, and cancellation policies found starting in section 42,

which states that I must contact Ever Free Wellness 24 hours before if I cannot attend a program.

30. I acknowledge that myself and/or the person designated to take my child/children to the pre-assigned area, as determined by Ever Free Wellness, is able to legally and competently drive in the state of New Jersey.

31. I understand that if I have designated another adult other than myself (parent/caregiver) I stated this in the appropriate area of the registrations page and I have ensured that they had read and understood the Ever Free Wellness Terms and Conditions as well as Privacy Policy and I have provided them with any and all materials the Ever Free Wellness program has provided me with in regards to the participation of my child/children and the caregiver bringing them to the program.

32. By electronically signing/registering/paying, I agree to bear all risks and acknowledge that if anyone is hurt or property is damaged during my and or my child/children’s participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the Ever Free Wellness providers and Ever Free Wellness, LLC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read & understood it, and I agree to be bound by its terms.

Regarding the services the staff can/cannot provide:

33. I understand that the Ever Free Wellness Staff are master’s level counselors who may also be licensed under the New Jersey Division of Consumer Affairs Professional Counselor Examiners Committee. And that the goal of the program is to provide me with education and information regarding my child’s development and or behavioral and emotional needs. I understand that the information provided to me by the Ever Free Wellness Staff is not meant to replace the evaluation of a psychiatrist, psychologist, developmental neurologist, and or any other professional I may have been referred to in order to further assess my needs and or my child and/or children’s need.

34. I understand that the Ever Free Wellness Staff may hold a Licensed Professional Counselors License, a Licensed Associate Counselor License, a Licensed Social Workers License and/or a Licensed Clinical Social Worker License, that provides them with the training and education to assess and make clinical mental health diagnosis and that the purpose of the program is to help me better understand my own or my child/children’s behavioral and emotional needs and that the Ever Free Wellness staff CANNOT provide me with a written report that includes their clinical mental health diagnosis and or assessment.

35. I understand that the Ever Free Wellness Programs/Services ARE NOT A CRISIS program and therefore the Ever Free Wellness staff is unable to assist myself, and or my child/children with immediate help if in crisis. However, I understand that the Ever Free Wellness resource sections of the website provides me with information and resources I can reach out to if myself an or my child/children are in a crisis and in need of immediate help. Furthermore, I understand that I can request mental health information and or crisis information via email or phone and that the Ever Free Wellness Staff will answer my request within 3 business days

Regarding “Resources” and Social Media site

36. I understand that the Ever Free Wellness website contains links to other websites that are labeled by Ever Free Wellness as “Resources”. I understand that Ever Free Wellness is not responsible for and does not control the content in these “Resources”. Ever Free Wellness has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to “Resources”. I agree to access the “Resources” at my own risk.

37. I understand that “Resources” websites are provided for my own personal needs and I understand that the use of all links are at my own risk.

38. I understand that the “Resources” provided may contain links to third-party websites and that the Ever Free Wellness website will not warn me that I have left Ever Free Wellness website and that once I am in an “Resource” website I am subject to the terms and conditions (including privacy policies) of the new website and/or destination. “Resources” websites are not under the control of Ever Free Wellness and therefore Ever Free Wellness does not review, approve, monitor, endorse, warrant, or make any representations with respect to “Resources” products and/or services. I understand that I should review applicable terms and policies, including privacy and data gathering practices, of any “Resources” websites, and should make whatever investigation I feel necessary or appropriate before proceeding with any transaction.

39. I understand that Ever Free Wellness is not responsible for any liability, directly or indirectly, for any loss or damage, including person injury or death, as a result or alleged result of any incorrect or inaccurate content posted on an “Resources” website or otherwise provided in connection with services. The accuracy, timelines, truthfulness, completeness, reliability, deletion or removal, incorrect delivery or failure to store content or personalize settings, conduct, whether online or offline of “Resources” websites is not of the responsibility of Ever Free Wellness, LLC.

40. I understand that Ever Free Wellness does not make representation or warranties regarding the conduct of other participants that I may come into contact via any of the Ever Free Wellness social media sites and I agree to exercise caution and to only meet with users that I know and trust.

41. We encourage you to read our Privacy Policy for a detail description data collection and use practices.

Regarding Fees, Payments, and Refund Policy

42. Upon completing the registration page I understand that I must provide Ever Free Wellness with a valid credit card Visa, MasterCard, or any other issuer accepted by the designated Ever Free Wellness Payment Provider. I understand that services are prepaid and that without the completion of the registration and payment page myself or my child/children will be unable to participate in the Ever Free Wellness Services.

43. I understand that when I register for individual services or a program for myself or for my child/children, a spot is taken that could have been used for another individual or family and that the services/programs cost is incurred for each enrolled participant, including materials, processing fees, and compensation to staff, and therefore Ever Free Wellness is unable to provide a refund or adjustment for unattended sessions after a workshop has ended.

44. I understand, and I agree that if I register my Child/Children for one or more Programs or I register myself for individual services, Ever Free will charge me upon registration. If I decide that myself and/or my child/children will not attend any of the prepaid services that I have registered and paid for I will NOT be eligible for a prorated refund of any portion of the prepaid fees.

45. I understand that Ever Free Wellness, at its sole discretion, may make promotional offers with different features and different rates to any Enrollee. These promotional offers, unless made to you, will have no bearing whatsoever on the amount you owe to Ever Free Wellness.

46. I understand that my payment provider agreement governs my use of the designated credit card, and that I must refer to that agreement and not the terms to determine my rights and liabilities. By providing Ever Free Wellness with my credit card number and associated payment information, I hereby authorize Ever Free Wellness to immediately charge my credit card for all fees and charges due and payable to Ever Free Wellness hereunder or credit my credit card for any refunds owed and that no additional notice or consent is required. I understand that I must immediately notify Ever Free Wellness of any change in my billing address or the credit card I used for payment hereunder. I understand that Ever Free Wellness reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Ever Free Wellness Properties or by e-mail delivery to me.

47. I understand that all prices are quoted in U.S. dollars and are valid and effective only in the United States

48. I understand that all payments to Ever Free Wellness are made via Square and that I agree to be bound by Squares User Agreement and Privacy Policy available at https://squareup.com/legal/ua as applicable. I understand that I am consenting to provide and authorize Ever Free Wellness and Square to share any information and payment instructions I provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.

Cancellation

49. I agree and understand that No Program, Services, or Event is Guaranteed. Ever Free Wellness reserves the right to reschedule or cancel for any reason without notice.

50. I understand that Ever Free Wellness understands that I may have a circumstance that is out of my control that may not allow me to maintain my commitment to the services and that I can reach out to Ever Free Wellness with in 24 hours of my schedule appointment via their contact page and they will work with me and my family. I understand that if I do not contact the Ever Free Wellness team within the 24 hour window the Ever Free Team may not be able to accommodate or reschedule my services and no refund will be issues for the pre-paid services/program that I registered for myself or my child/children.

Inclement weather

51. I understand that the Ever Free Wellness programs are outdoors and that they will run rain or shine unless the weather poses a risk to participants which is to be determined by Ever Free staff. I understand that if it is raining I will receive an email informing of the proper attire needed to participate successfully in program.

52. I understand that there will be no refunds for cancellations due to inclement weather. If Ever Free staff determines that the weather poses a risk for participants, Ever Free Staff will re-scheduled program/service and participants will be informed via email with the new date and time of program/services.

Termination of Services by You.

53. I understand that if I wish to terminate the Services provided by Ever Free Wellness Staff, I may do so by notifying the Ever Free Wellness staff at any time via the email and contact information provided in the Ever Free Wellness website.

54. I understand that termination of services does not mean I will receive a refund.

Termination of Services by Ever Free Wellness

55. I understand that if myself or my child/children do not adhere to the Ever Free Wellness staff guidelines and safety protocols, that if myself or my child/children engage in any unlawful behavior that is a risk to myself, my child/children and others, and that if myself or my child/children do not adhere to any of the terms provided here, Ever Free Wellness reserves the right, in its sole discretion, to terminate my ability and the ability of my child/children to participate in the services/programs I have pre-paid for without the right to a refund.

Questions, Complaints, and Claims

56. I understand that if I have any questions, complaints, or claims that I believe that Ever Free Wellness has not adhered to, I can contact Ever Free Wellness via email, as provided in the website. Att: Alexandra Descalzi.

57. I understand that in accordance with the New Jersey Division of Consumer Affairs I may report my complaints regarding Ever Free Wellness by contacting them in writing at New Jersey Division of Consumer Affairs, P.O. Box 45025, Newark, NJ 07101 or at http://www.njconsumeraffairs.gov/pages/File-a-Complaint.aspx or via telephone at 973-504-6200.

Electronic Communications

58. I understand that all communications between myself and Ever Free Wellness via email are for contractual purposes and I consent to receive communications from Ever Free Wellness in electronic form and agree to all the terms and conditions, agreements, notices, disclosures, and other communications that satisfy any legal requirements that such communications would satisfy if in writing.

59. We encourage you to read our Privacy Policy for a detailed description of how information is send and stored.

Publicity

60. I understand that the Ever Free Wellness staff takes pictures and/or videos during programs and events.

61. I understand that by participating, interacting and/or registering for a paid or free event/service/program I am giving Ever Free Wellness and its licensees, designees and staff the absolute and irrevocable right and permission, without any requirement to obtain further consent from myself or that for that of my child/children, to audio tape, film, videotape, photograph, edit, use, broadcast, telecast, stream, download, display, distribute, post, record the name, likeness and voice of myself and or that of my child/children and to publish any of the results and proceeds thereof (the “Publicity Materials”) for any purpose and in any manner whatsoever in any and all media or technology, whether now known or hereafter devised (including, without limitation, on the internet, via social media, and via any other digital, analog or other distribution media or mechanism), worldwide in perpetuity.

62. I understand that I am irrevocably authorizing Ever Free Wellness to use and license Publicity Materials for any promotion, merchandising, publicity, advertising or any other lawful purpose without limitation and without any compensation to myself and my child/children.

63. I hereby release, hold harmless, and forever discharge Ever Free Wellness from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses arising out of, related to, or in any way connected with the exercise by Ever Free Wellness of the rights granted herein, including any and all claims for invasion of privacy, infringement of my rights and/or of my child/children privacy and/or publicity, infringement of my and/or my child/children intellectual property rights, defamation, or portrayal in a false light.

Ownership

64. I accept and hereby acknowledge that I will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Ever Free Wellness or any portion of the Ever Free Wellness Materials; I will not frame or utilize framing techniques to enclose any trademark, logo, or other Ever Free Wellness Materials (including images, text, page layout or form) of Ever Free Wellness; I will not use any metatags or other “hidden text” using Ever Free Wellness name or trademarks; I will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Ever Free Wellness Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; I will not remove, alter, obscure, or destroy any copyright notices or other proprietary markings contained on or in Ever Free Wellness Materials.

Entire Agreement

65. I understand that the Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

66. I understand that the term “Force Majeure” represents the following: Ever Free Wellness will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authority, fire, floods, accidents, strikes or shortage of transportation facilities, fuel, energy, labor or materials.

67. I understand that any cause or action arising out of or related to the terms, Ever Free Wellness proprieties or the content must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently bared.

68. I understand that all claims and disputes, excluding claims for injunctive or other equitable relief as set forth below, in connection with the Terms of use of any product or service provided by Ever Free Wellness that cannot be resolve informally or in small claims court will be resolved by binding arbitration in an individual basis under the terms of Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. I understand that I am agreeing to an Arbitration Agreement that applies to me and to Ever Free Wellness, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized and unauthorized users or beneficiaries of service or good provided under the terms.

Modifications to these Terms.

69. When changes are made, Ever Free Wellness will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately.

70. Your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

End of Terms

Fee Paymens and Canelations

Questions Complaints