By purchasing Business Wellbeing Consulting Services (as defined below) from Joy At The Top, LLC, “Joy At The Top” you hereby agree to the following terms:
1. “Business Wellbeing Consulting Services” “Wellbeing Consulting Services” include, but are not limited to: Stress reduction, burnout prevention, mindfulness, sleep, healthy eating, mindset, healthy living strategies, and wellbeing apps . Wellbeing Consulting Services do not include any treatment of disease. Although Joy At The Top may, from time to time, make general statements about how changes in a client’s stress and wellbeing may naturally help stress and other issues with wellbeing, they are not intended to treat or prevent any diseases or ailments and are not intended to be medical advice.
2. Health Information Disclaimer. You acknowledge and agree that Joy At The Top is not a medical provider and neither Joy At The Top nor any of its staff can give you medical advice or provide any information concerning the diagnosis or treatment of any health condition. The information provided to you during the course of the Services is intended for educational purposes only to help you improve your personal health and is not intended to be medical advice. You agree not to delay or forego seeking medical care from a licensed health care professional because of information that may be shared with you by Joy At The Top in connection with the Wellbeing Consulting Services. You understand and acknowledge that the information or products offered by Joy At The Top should not be used as a substitute for the diagnosis, advice, or treatment of medical conditions by a licensed health care professional. You agree and acknowledge that the Food and Drug Administration (the “FDA”) has not approved the use of dietary supplements for the treatment of diseases or illnesses. Furthermore, none of the books or informational products provided or referenced by Joy At The Top have been reviewed or approved by the FDA and only represent the research and/or opinions of their respective
3. Acknowledgement of Health You hereby represent that you are physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent you from receiving Wellbeing Consulting Services, which include but are not limited to the participating in the activities that have been described to you by Joy At The Top and the Wellbeing Consulting Services that you have agreed to receive, engaging in normal physical activity, and participating in a wellbeing program. You represent and warrant that it is your sole responsibility to be examined by a physician or mental health professional prior to purchasing Wellbeing Consulting Services and that you have had the opportunity to obtain an examination by a physician or mental health professional prior to purchasing the Wellbeing Consulting Services in connection with the Wellbeing Consulting Services. You further represent and warrant that you have either had a physical examination and been given your physician’s permission to receive the Wellbeing Consulting Services, or if you have chosen not to obtain a physician’s permission prior to beginning this Wellbeing Consulting Services, you acknowledge and represent that you are doing so at your own risk. You acknowledge and understand that the Wellbeing Consulting Services are not and do not include the provision of medical care or services, and are not performed under any medical supervision.
4. Preexisting Conditions You hereby represent that you have disclosed to Joy At The Top any and all preexisting medical or other conditions that may affect or be affected by the Wellbeing Consulting Services, as well as what you are doing to treat such conditions. You agree to make such disclosures to Joy At The Top on an ongoing basis throughout the duration of the Wellbeing Consulting Services as soon as any such conditions become known to you. You acknowledge and understand that Joy At The Top is not liable for any aggravations to such conditions and you acknowledge and agree that you are taking full responsibility for receiving medical advice from a licensed medical professional in connection with any and all such conditions and how they may affect or be affected by the Wellbeing Consulting Services. I understand that there is no way for Joy At The Top to account for such conditions if such conditions are not disclosed to Joy At The Top. You hereby agree and acknowledge that in the event that you suspect you have developed a medical or other condition during the term of your agreement with Joy At The Top, Joy At The Top strongly advises you to be examined by a licensed medical professional and you agree that not doing so is at your own risk. You agree not to hold Joy At The Top liable for any and all injuries or conditions that may develop or become exacerbated throughout the term of the Wellbeing Consultingk Services.
5. Insurance You hereby represent and warrant that you have adequate insurance and/or resources to cover any injury or damage you may suffer as a result of participating in any activity related to the Wellbeing Consulting Services with Joy At The Top, including but not limited to health insurance and coverage for economic loss. You further represent that you are willing to and hereby do assume the risk of any medical or physical condition you may have.
6. Assumption of Risk You understand and are aware that the Wellbeing Consulting Services and any activities related thereto, are potentially hazardous activities. You acknowledge the possibility that injuries and physical and mental changes (“Injuries”) arising during and/or after engaging in the activities related to the Wellbeing Consulting Services may occur. Injuries include but are not limited to: abnormal blood pressure, fainting, disorders in heartbeat, heart attack, suicide, and in some instances, death. You understand and agree that Injuries could result in you becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. You hereby represent that you are voluntarily participating in the Wellbeing Consulting Services with knowledge of the dangers involved. You understand and take sole responsibility for any and all Injuries that may occur to you, yourself, and / or others related to any and all activities associated with the Wellbeing Consulting Services, even if not specifically set forth in this Agreement, whether or not they fall within the scope of reasonably foreseeable injuries related to such activities, and whether or not undertaken in the presence of Joy At The Top or its representative. You expressly assume and accept sole responsibility for your safety and for any and all Injuries that may occur. Furthermore, you agree to indemnify Joy At The Top from any and all medical expenses, lost wages, or law suits that result from any such Injuries.
7. Waiver and Release of Liability In consideration of Joy At The Top agreeing to provide Wellbeing Consulting Services, you hereby agree to hold harmless Joy At The Top its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or in connection to your participation in the Wellness Consulting Services and any activities related thereto, or any and all acts or omissions, including negligence by Joy At The Top and its representatives. You hereby fully and forever waiver, release, discharge and covenant not to sue Joy At The Top, its successors, assigns, parents, subsidiaries, affiliates, owners, employees, representatives, officers, agents, contractors and directors (each considered one of the “Releasees” hereunder) from any and all liability, actions, causes of action, suits, proceedings, controversies, damages, judgments, executions, claims and demands whatsoever, in law, equity or otherwise, that may arise and that may be caused or alleged to be caused in whole or in party by the negligence or intentional conduct of one or more of the Releasees or otherwise. This waiver and release of liability includes, but is not limited to, (a) Injuries to you and/or others that may occur as a result of (i) incomplete, inaccurate, or inappropriate stress reduction recommendations; (ii) any and all defects, in the formulation or design of mindset recommendations; (iii) any and all slips, falls; (iv) any and all improper updates to literature or mental wellness recommendations or maintenance of facilities or premises; (v) any hazardous conditions that may exist on the premises, including, but not limited to, the specific workout area; and (vi) the Joy At The Top’s negligent instruction or supervision; (b) damage to property, including but not limited to the facility and premises. You further agree that if, despite this Agreement, you or anyone on your behalf including, but not limited to, your personal representatives, family, heirs, successors, assigns and / or next of kin, makes a claim or claims against any or all of the Releasees, you will indemnify and hold the Releasees (or any one of them) harmless from any and all litigation expenses, attorney fees, claims, judgments, losses, liabilities, damages or costs which may be incurred by the Releasees (or any one of them) as a result of and/or in association with such claim or claims.
8. No Guarantee of Results You acknowledge and agree that no guarantees, warranties or representations have been made to you regarding the results you will achieve from Joy At The Top’s Services. You understand and acknowledge that results are individual and may vary.
9. Full Release You acknowledge that you have thoroughly read this waiver and release and fully understand that it is a waiver and release of liability. You also acknowledge that you have been given the opportunity to seek the advice of counsel prior to signing this Agreement. You are waiving any right you, or your heirs and / or assigns, may have to bring any and all legal actions or assert any and all claims against the Joy At The Top, LLC, its representatives, executors, and/or assigns.
10. Chose of Law This Agreement shall be governed by and interpreted under the laws of the State of California, regardless of any conflict of law.
You have read and voluntarily acknowledge this Waiver and Release of Liability Agreement. You fully understand its terms, and understand that you have given up substantial rights by signing it and you have signed it freely and without any inducement or assurance of any nature and you intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Agreement is held to be invalid or unenforceable, the remainder shall continue in full force and effect to the maximum extent allowable by law. This Waiver and Release of Liability has no expiration date.
11. Coaching Session Scheduling and Cancellation Policy
You acknowledge and agree that all coaching sessions must be cancelled or rescheduled with a minimum of twenty‑four (24) hours’ notice. Cancellations made with less than twenty‑four (24) hours’ notice will result in the session being forfeited, and no refund or credit will be issued for the missed session.
12. Coaching Package Cancellation and Refund Policy
You acknowledge and agree to the following refund terms for coaching packages:
A. Full Refund: Cancellations made seventy‑two (72) hours or more prior to the first scheduled coaching session are eligible for a full refund.
B. Partial Refund: Cancellations made within seven (7) days after the first coaching session are eligible for an eighty percent (80%) refund of the total package fee. C.No Refund: Cancellations made after seven (7) days following the first coaching session are not eligible for any refund, and you agree
C. No Refund: Cancellations made after seven (7) days following the first coaching session are not eligible for any refund, and you agree that all fees paid are non‑refundable.
13. Technology Requirements
You acknowledge and agree that all coaching sessions will be conducted via Zoom unless otherwise specified by Joy At The Top. You represent and warrant that you have reliable access to:
A. A computer, tablet, or smartphone capable of running Zoom
B, A stable internet connection
C. Audio and video capability sufficient for participation in virtual coaching sessions
You acknowledge that failure to maintain adequate technology or internet access may impact your ability to participate in coaching sessions, and such circumstances do not qualify for refunds or rescheduled sessions outside the cancellation policy described above.
14. Nature of Coaching Services
You acknowledge and agree that coaching services provided by Joy At The Top, including burnout‑prevention coaching, stress‑management coaching, mindset coaching, and any related services, are educational and supportive in nature and are not mental health treatment, psychotherapy, counseling, or crisis intervention. You understand that coaching is not a substitute for medical or mental health care and that Joy At The Top does not diagnose or treat mental health conditions.
You further acknowledge that you are solely responsible for seeking immediate assistance from a licensed mental health professional, emergency services, or crisis resources if you experience suicidal thoughts, self‑harm ideation, or any other mental health emergency. You agree that Joy At The Top is not liable for any outcomes related to your mental or emotional state and that you assume full responsibility for your own wellbeing.
15. Professional Decisions and Business Outcomes Disclaimer
You acknowledge and agree that any guidance, recommendations, strategies, boundary‑setting advice, time‑management suggestions, or professional development insights provided by Joy At The Top during the Coaching Services are general in nature and are intended solely to support your personal wellbeing, stress management, and professional clarity. You understand and agree that all decisions regarding your professional conduct, client interactions, case strategy, business operations, or workplace responsibilities are entirely your own and remain your sole responsibility.
You further acknowledge and agree that Joy At The Top does not provide legal advice, business advice, case strategy, or professional directives, and that any coaching insights offered are not tailored to the specific legal, ethical, or professional obligations applicable to your practice or employment. You agree that you are solely responsible for evaluating how, whether, and to what extent you implement any coaching recommendations.
You expressly agree that Joy At The Top shall not be liable for any professional, financial, legal, reputational, or business outcomes arising from your decisions, including but not limited to: loss of clients, changes in caseload, missed deadlines, adverse case outcomes, disciplinary actions, employment consequences, or any other professional impacts. You assume full responsibility for all professional choices you make and agree to indemnify and hold Joy At The Top harmless from any claims, damages, losses, or liabilities arising from such choices.