The mindful birthing and parenting foundation
TERM OF USE
Acceptance of Terms
Mindful Birthing and Parenting Foundation (MBPF) provides its services subject to the following Terms and Conditions (aka “this Agreement”) which may be updated by MBPF or its representatives from time to time. By continuing to access MBPF’s services after such updates, the participant is deemed to have agreed to such updates.
Description of Service
1. Fees and Payment
1.1 Course fees are outlined on the relevant page for each course on the Mindful Birthing and Parenting website (www.mindfulbirthing.org/).
1.2 If a deposit is required it will be outlined as part of the registration process.
1.3 The remaining balance will be paid upon admission, using the same credit card that was used to pay the deposit.
2.1. The refund policy for each individual course will be outlined in the terms and conditions on the relevant page for each course on the Mindful Birthing and Parenting website (www.mindfulbirthing.org/).
3. Health & Safety Disclaimer
3.1 MBPF takes the care and wellbeing of participants very seriously, and it is important before taking part in any of our online courses that the participant has a clear understanding of where the boundaries of responsibility lie.
3.2 Any information or guidance provided during a class is not a substitute for the consultation, diagnosis, or medical treatment of the participant’s physician or healthcare provider.
3.3 The participant must not rely on any information or guidance provided as an alternative to medical advice from the participant’s physician or healthcare provider. MBPF expressly excludes all responsibility, and shall have no liability, for any damages, loss, or injury suffered by the participant or any third party as a result of the participant’s participation in a class or reliance on any information or guidance provided.
3.4. If the participant has any specific questions or concerns about any medical matter, they should consult their physician or healthcare provider as soon as possible. If the participant thinks they may be suffering from any medical condition, they should seek immediate medical attention from their healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance provided.
3.5 The participant acknowledges that any form of physical or mental exercise contains a degree of risk. It is recommended that they check with their physician or healthcare provider before they start any new program. In particular, the pregnant person acknowledges that physical and/or mental exercise has its own inherent risks and by taking part in these classes, they confirm that they are of sound mind and have been given clearance by their physician or other healthcare provider to practice meditation, movement exercises, and yoga, and they do not know of any reason why they should not take part in the classes.
3.6 It is the participant’s responsibility to pay attention to their body’s responses and emotional states and to not push beyond their limits. The participant can and should stop whenever they wish, especially if they experience any discomfort.
3.7 The participant understands that it is their responsibility to judge their physical and mental capabilities for exercise. It is the participant’s responsibility to ensure that they do not exceed their limits while performing class activities, and they will select the appropriate level of activity for their skills and abilities, as well as for any mental or physical conditions and/or limitations they may have.
3.8 None of the courses provided by MBPF treat mental health disorders and they are not a substitute for counseling, therapy, mental health care, or medical treatment of any kind. By signing up for any of our courses, the participant confirms that they will not use the resources in place of any form of counselling, therapy, or medical treatment.
4. General Disclaimer
4.1 The participant acknowledges that they have completed the participant intake form accurately and truthfully.
The availability of classes might be affected by events beyond MBPF’s reasonable control. If so, it may be necessary to reschedule a class for another suitable date. MBPF shall make all reasonable efforts to limit the effect of any of those events and shall keep the participant informed of the circumstances. Examples of events which might be beyond our reasonable control include illness, technology failures, power outages, extreme weather, government ordinances, and other force majeure events.
4.2 For the participant, the resolution and video quality of a class will depend on a number of factors, including the type of device the participant is using and the participant’s internet bandwidth, which may fluctuate during the course of the participant’s viewing. 4.3 While MBPF uses all reasonable endeavours to provide a quality experience, it cannot make any guarantee as to the resolution or quality of the content the participant will receive from their internet provider.
4.4 In order to attend the classes, the participant will need to use a computer / tablet / phone that meets the system and compatibility requirements of the Course. All classes will be provided wholly online and will require access to technology set out in the Technology Requirements section below.
5. Attendance and Conduct
5.1 Participants are asked to arrive 5 minutes early for an on-time start to each class. MBPF welcomes early arrival, but asks that the participant arrive no more than 15 minutes early for the class.
5.2 MBPF reserves the right to refuse admission to any person whom it considers, in its absolute discretion, to be unsuitable for the program or to remove any such person after the commencement of the Course.
6. Intellectual Property
6.1 All intellectual property in the materials and resources provided to the participant as part of the Course or otherwise, including copyrights, trademarks, trade dress, and methodology, belongs to MBPF, or has been licensed to MBPF, and unless agreed otherwise in writing signed by MBPF, the participant may only use those materials and resources for the participant’s own personal use and the participant may not share them with third parties.
6.2 Unless explicitly agreed in writing signed by MBPF, the resources and materials provided to the participant may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited other than for their own personal use in accordance with these terms and conditions.
6.3 All classes will be recorded. By participating in the Course, the participant authorizes MBPF to record their image and voice with the understanding that this will only be viewed by MBPF Faculty, MBPF staff, the participant themselves and other participants within their specific Course. These group or gallery-view recordings will not be distributed or used for any other purposes without express consent.
6.4 The participant confirms the participant is not a member of the press and will not make visual or auditory recordings or reproductions of any MBPF material presented in or associated with any MBPF programs or events (unless authorized by MBPF in writing before the start of class).
7. Class Access and Community Guidelines
7.1 As part of any Course, the participant may be given access to a virtual classroom. The participant may not share, give, or sell the participant login details to any other person or entity. MBPF reserves the right to cancel any user account that it believes has been compromised, or is being used fraudulently.
7.2 Participants may voluntarily choose to add their contact information to a Course roster. Misuse or third-party sharing of other participants’ contact details will not be tolerated and may result in dismissal from the Course.
7.3 MBPF expects participants to be respectful of each other's opinions and harassment of any kind will not be tolerated and may result in dismissal from the Course.
8. Professional Attendees
All parenting and childbirth education courses may be attended by professionals who are training or who have an interest in training in Mindfulness-Based Childbirth and Parenting. Professional attendees will participate as observers in the class for educational purposes.
The Participant agrees that they will not, either during the term of this Agreement or following the termination or expiration thereof (i) disclose to any person, either directly or indirectly, any Confidential Information, unless and solely to the extent that such Confidential Information is required to be disclosed by law or pursuant to a final judicial order or decree, (ii) use for their own account or use, cause, facilitate or allow any third party to use Confidential Information in any way, or (iii) download and distribute any Confidential Information or any copy, summary or compilation of any kind of any Confidential Information provided by the Foundation.
10. Limitation of Liability
10.1 Except for any legal responsibility that cannot be excluded in law (such as for death or personal injury caused by gross negligence), MBPF shall not be legally responsible for any:
10.1.1 losses that were not foreseeable to either party when the agreement was formed
10.1.2 losses that were not caused by any breach of these terms on the part of MBPF.
10.2 MBPF EXPLICITLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10.2.1 THE MAXIMUM LIABILITY OF MBPF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES, TO PARTICIPANT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND PARTICIPANT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY PARTICIPANT TO MBPF FOR THE COURSE. IN NO EVENT SHALL MBPF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED HEREUNDER, EVEN IF PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11.1 The participant agrees to indemnify and hold MBPF and its representatives, their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of content the participant submits, posts, transmits or makes available through the Course, or participant’s breach of these Terms and Conditions.
12. No Third Party Rights
12.1 No one other than a party to this agreement shall be deemed a third party beneficiary of this agreement and no one other than a party to this agreement has any right to enforce any term of this contract.
13.1 In the unlikely event that the participant wishes to raise an issue, concern, or make a complaint, please contact email@example.com as soon as possible, to allow MBPF a reasonable opportunity to resolve any issues with the participant and reach a positive outcome. MBPF will endeavour to respond as quickly as possible, but no more than 30 days following the receipt of the participant’s complaint.
13.2 As part of any complaint resolution, MBPF may provide access to a subsequent program and the terms of this agreement will apply to any future services.
13.3 If a dispute arises out of, or in connection with this agreement (“Dispute”), and the parties do not resolve some or all of the dispute through discussions then:
13.3.1 Either party may provide to the other written notice containing a request to negotiate. This notice shall be given promptly in order to prevent further damages resulting from delay and shall specify the issues in dispute.
13.3.2 If the parties do not resolve some or all of the issues in a Dispute within 30 days from the notice to commence negotiations, the parties agree to attempt to resolve those issues through mediation.
13.3.3 The parties agree to jointly select a mediator. If they are unable to do so, then a mediator will be chosen, upon application by the parties, by California Lawyers for the Arts, Sacramento Mediation Center (http://www.calawyersforthearts.org).
13.3.4 All information exchanged during the negotiation and mediation processes shall be regarded as “without prejudice” communications for the purposes of settlement negotiations and shall be treated as confidential by the parties and their representatives unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during negotiation or mediation.
13.3.5 The parties agree that the representatives selected to participate in the dispute resolution process will have the authority required to resolve the dispute.
13.3.6 The parties agree that they will each be responsible for the costs of their own legal counsel and personal travel. Fees and expenses of the mediator and all administrative costs of the mediation, such as the cost of a meeting room, if any, shall be borne equally by the parties.
13.4 Nothing in this agreement affects the participant’s legal rights under Consumer Protection Laws.
14. Governing Law and Jurisdiction
14.1 These terms and conditions and any dispute or claim arising out of and in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and shall be construed in accordance with California Law and the federal and state courts within the Northern District of California shall have exclusive jurisdiction thereof. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, on condition that such party participated in negotiation and mediation as set forth above.
15.1 MBPF takes the confidentiality of those who attend programs and those who work for us very seriously. Teachers and staff members are under an obligation to keep any participant information shared prior to and during the classes completely confidential (except as otherwise required by law).
15.2 From time to time, participants may share sensitive personal information during a class. We expect all participants to respect each other’s confidentiality and treat any information shared in the course group as confidential. If it should come to our attention that information gained in this way about another participant has been shared inappropriately or outside the class, this may result in the participant involved being asked to leave the Course.
16. Data Protection
16.1 All personal identifying information provided by the participant to MBPF will be kept strictly confidential, except when releasing such information is required by law and/or where considered to be necessary to do so because of concerns of risk to the participant, self or others.
16.2 MBPF shall not give the participant’s personal identifying information to any third party unless the participant agrees to it in writing. The participant acknowledges that MBPF has no control over the privacy policies and practices of third-party technology providers, including without limitation Ruzuku, Zoom, and participant’s internet service providers.
17. Technology Requirements
17.1 The technology requirements for a Course includes a computer / device, webcam, microphone and specified internet speed.
17.2 The minimum internet speed required is 2 Mbps download & 2 Mbps upload speed. The minimum internet speed recommended is 15 Mbps download & 2 Mbps upload speed. Internet speed can be checked at www.speedtest.net.
17.3 All classes will be held via Zoom. It is the participant’s responsibility to check the participant’s system meets the requirements for running Zoom. These can be checked on the Zoom website.
17.4 MBPF is not responsible should the participant be unable to attend a class due to technical issues with the participant’s internet or systems in general.
18. Acceptance of Terms and Conditions
18.1 By participating in a Course and / or by making a payment toward the Course tuition, the participant is accepting all of the Terms and Conditions listed herein.