The SAMARA Method PARTICIPATION AGREEMENT
By signing where indicated below, you irrevocably agree that if Dr. Thomas A. Moorcroft operating as Samara Health LLC (the “Company” or “we/us”) approves your application and accepts you as a The SAMARA Method™ Program (the “Program”) participant, this agreement automatically becomes a binding contract between you and the Company, and applies to your participation in the Program. By signing below, you are acknowledging that you have read, agree to and accept all of the terms and conditions contained in this Agreement. We reserve the right to amend this Agreement at any time by sending you a revised version at the address you provided.
By completing the agreement and signing below, you authorize the Company to charge your credit card, as indicated, as payment for your membership in the Program. Furthermore, you agree that you are responsible for full payment of fees for the entire course of the Program, regardless of whether you actually attend or complete the Program, and regardless of whether you have selected a lump sum or monthly payment plan.
If, at any point during the first 30 days of the program, you are not satisfied with your purchase, simply reach out to us at support@tommoorcroft.com to request a full refund (minus processing fees). Please note that upon processing your refund, access to all aspects of the program will be removed. See Content and Licensing section below for additional details.
To provide further clarity:
- Refund Policy: No refunds will be issued after the first 30 days of the program.
- Payment Policy: Monthly payments are expected to be made on time. If a payment becomes more than 30 days overdue, the full remaining balance will become immediately due on day 31.
- Late Final Payments: For final payments that are over 30 days late, a 10% interest penalty will be applied to the outstanding balance every 30 days until it is fully paid.
- Program Access: If your account balance becomes more than 30 days overdue, access to all program content and features will be suspended until the balance is settled.
We are dedicated to providing all participants in The SAMARA Method Program with a supportive and enriching experience. By signing below, you agree to the following terms to ensure a positive environment for everyone:
Program Conduct:
The Company reserves the right, at its sole discretion, to terminate this agreement and limit, suspend, or revoke your participation in the Program without refund or forgiveness of remaining monthly payments if your behavior becomes disruptive, uncooperative, or negatively impacts the experience of the Program instructor or other participants
Membership Access:
While your membership is active, you will have access to the following benefits:
- The SAMARA Method Online Learning Portal
- The SAMARA Method Online Community
- All live group calls
- Downloadable worksheets
Content and Licensing:
The Program materials, including course content and membership benefits, are provided under a limited license for the duration of your active membership. Upon cancellation or termination of your membership, access to all course materials, live calls, and community features will be revoked.
- Exception: Downloadable worksheets you have acquired during your membership are yours to keep for ongoing use.
By participating in the Program, you acknowledge and agree to these terms, ensuring that we can maintain the highest quality experience for all members.
We respect your privacy and must insist that you respect the privacy of other Program participants. By signing below, you agree not to violate the publicity or privacy rights of any Program participant. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company.
By signing below, you agree (1) to not infringe upon any Program participants or the Company’s copyright, patent, trademark, trade secret, or any other intellectual property rights, (2) that in any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company, (3) you agree not to disclose such information to any other person or use it any manner other than in discussion with other Program participants during program sessions.
By signing below, you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property belonging solely and exclusively to the Company, and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited. Further, by signing below, you agree that, if you violate, or display any likelihood of violating any of your agreements contained in this paragraph the Company and/or the other Program participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. The laws applicable to this Agreement will be the laws of Connecticut, and the parties agree to “attorn” to the exclusive jurisdiction of Connecticut Courts to finally adjudicate and determine any such dispute both before and after termination of this Agreement.
We have made every effort to accurately represent the program and its potential. Each individual’s success depends on many factors, including his or her willingness to do the work, get the necessary support, and desire to succeed. You assume 100% responsibility for your results.
By signing this agreement, you understand that engaging in coaching and educational programs with the Company does not create a doctor-patient relationship; it is purely educational and for information purposes. In his role with the Company, Dr. Thomas A. Moorcroft (or any of our practitioners) is not rendering these services as a physician or medical professional. You also agree to not rely on this information as a substitute for, nor a replacement of, professional medical advice, diagnosis, or treatment.
If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of this engagement. The use of any information provided by us is solely at your own risk.
Neither Company nor any information provided to you is intended to suggest that you should not seek professional medical care, or that you should disregard professional medical advice. Nothing stated or made available through any services provided by Company are intended to be, and must not be taken to be, the practice of medicine or the provision of health care treatment, instructions, diagnosis, prognosis or advice.
You understand that there are no warranties, representations or assurances of successful outcomes for you. Nevertheless, you desire to pursue coaching services for yourself after reviewing the information herein and receiving answers to any questions related to this Agreement.
COMPLAINTS, COMMENTS AND QUESTIONS
We are committed to providing quality care and resolving favorably any complaint, problem, question or unsatisfactory experience that might occur in connection with our services. It is our policy that (i) if any person has a complaint or problem or unsatisfactory or negative experience related to our business, services or products, such person must bring the matter to our attention privately, by email, phone or in person; and (ii) we will investigate any such matter and attempt in good faith, without any retaliation, to reasonably resolve the matter.
By signing this Agreement, you agree to comply fully with this policy. This is your sole and exclusive remedy in connection with any complaint or problem or unsatisfactory or negative experience that you may have with the Company, Dr. Thomas A. Moorcroft, services or products (other than remedies available in a court of law or pursuant to arbitration). You further agree not to publish, post, transmit, disclose or distribute (directly or indirectly), in or on any publicly available or accessible forum, newspaper, magazine, electronic publication, blog, website, online users group or similar device, document or medium, any negative, false or disparaging comment, belief, opinion, experience or information (or that could reasonably be so construed), without prior written consent.
You acknowledge and agree that these terms are reasonable and that any breach or violation of this paragraph will cause significant damage and expense that would be impossible or highly impractical to quantify and establish. Consequently, You agree that upon each breach or violation of this paragraph, You will be obligated, jointly or severally, to pay liquidated damages in the amount of $200.00 per day per violation until the breach or violation has been cured to satisfaction.
ARBITRATION AGREEMENT
It is understood that any dispute, that is as to whether any services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration by the American Arbitration Association in Hartford, CT, as provided by Connecticut law, and not by a lawsuit or resort to court process except as Connecticut law provides for judicial review or arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional rights to have any such dispute decided on in a court of law before a jury, and instead are accepting the use of arbitration.
In no event shall we, our subsidiaries, employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of liability will apply regardless of the form of action, whether in contract, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors, suppliers, and manufacturers, to you or any third parties, in anycircumstance, is limited to the greater of (a) the amount of the purchase or (b) one hundred ($100) dollars.
Educational material and resource content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Dr. Thomas A. Moorcroft. All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available are for personal use in or in conjunction with this program only.
It is the intention of the parties that this agreement bind all parties whose claims may arise out of or related to service provided by the Company including any spouse or heirs of the client and any children, whether born or unborn, at the time of the occurrence giving rise to any claim. In the case of any pregnant mother, the term “client” herein shall mean the mother and the mother’s expected child or children.
Both parties shall be entitled to engage in all forms of discovery as permitted under Connecticut law. The prevailing party shall be entitled to recover the costs of arbitration unless otherwise determined by the arbitrator and shall be entitled to reasonable attorney’s fees as determined by the arbitrator. The parties agree that provisions of Connecticut law applicable to health care providers shall apply to disputes within this arbitration agreement.
All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable Connecticut statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the Connecticut Code of Civil Procedure provisions relating to arbitration.
By participating in any of Samara Health LLC programs, including but not limited to group coaching programs, you are affirming that you have read and fully understand all terms of this agreement, including your responsibilities and assumed risks.