The Art Medicine Practitioner Certification® Agreement

PLEASE READ THIS INFORMATION CAREFULLY. THE PURPOSE OF THIS AGREEMENT IS TO SET FORTH THE DETAILS ABOUT THE ART MEDICINE PRACTITIONER CERTIFICATION® PROGRAM SO THAT YOU ARE CLEAR AS TO THE REQUIREMENTS, EXPECTATIONS, BENEFITS AND THE SUPPORT YOU CAN EXPECT TO RECEIVE AS A CERTIFIED ART MEDICINE PRACTITIONER.

This THE ART MEDICINE PRACTITIONER CERTIFICATION® AGREEMENT (hereinafter the “Agreement”) is being made between Art Medicine, LLC , (hereinafter “Coach” or “We” or “the Company ”), with its principal of place of business located at 3026 Blazing Star Drive, Thousand Oaks, CA 91362, and You, (hereinafter the “Client” or “You”). Each herein a “Party” or collectively, the “Parties,” state and agree as follows:

Article 1. CERTIFICATION PURPOSE

1.1 To receive the Art Medicine Practitioner Certification®, (hereinafter “the Certification”), you must have successfully completed the following certification requirements under the terms and conditions set forth herein. To be eligible for the Certification, it is required that you:

1.1.1. Complete the Art Medicine Practitioner Certification® Program in its entirety, including all modules and submit and subsequently pass the required assessments as set forth herein for each module within one year of enrolling.

Article 2. CERTIFICATIONS INCLUSIONS AND BENEFITS

2.1 The Certification will include pre-recorded modules and live Q & A calls. All Q & A sessions will be recorded and the recordings will be made available in the member’s portal.

2.2 Should the Certification be granted, you will receive certain benefits, including the benefits to:

2.2.1. Identify yourself as a Certified Art Medicine Practitioner.

2.2.2. Use the Certified Art Medicine Practitioner logo, badge, and business name on your website and marketing materials in accordance with this Agreement.

2.2.3. Have unlimited access to the Certification Training Portal.

2.2.4. Be invited to ongoing practitioner events and trainings after the Certification.

Article 3. CERTIFICATION TERM

3.1 The Certification Term starts the day that your Certification is granted, and is for the duration of a lifetime.

3.2 In the event that you do not complete the Certification requirements within the requisite one year period your access to the Certification Training Portal will end and you will be required to re-enroll in the Program at the Program’s current investment. It is at the discretion of Art Medicine to offer an extension, past the one year period, for you to complete the certification. If an extension is granted there will be an additional fee charged. Extension and fee information will be provided closer to your one year program ending date.

Article 4. CERTIFICATION FEE

4.1 The total Certification Fee is $6500 USD paid in full, or in monthly installment payments as stated on our website at the time of checkout. We reserve the right to modify the Certification Fee and any changes to the Certification Fee and payment options will be made available on our website and at the time of purchase.

Article 5. EXPECTATIONS

5.1 Upon Certification, it is our expectation and your responsibility at all times to:

5.1.1 Respect and comply with all of the terms of the Art Medicine Practitioner Certification® Program and this Agreement.

5.1.2 Use the exercises and methodology only as intended with your 1:1 clients and in group settings in accordance with your Certification and this Agreement.

5.1.3 Act in the highest alignment with the mission of an Art Medicine Practitioner Certification® Program.

5.1.4 Follow all branding guidelines, and respect all copyright, trademark and proprietary rights of the program and Art Medicine, LLC..

5.1.5 Not publicly or privately disparage Art Medicine, LLC, Alexis Cohen, the Program, Certification, exercises, brand or logo, or any other aspect of Art Medicine, LLC’s business.

5.1.6 Pay your Certification Fee on time.

5.1.7 Engage in the legal, proper, and ethical care of your clients.

Article 6. COMMUNICATION

6.1 Should you need to reach Art Medicine, LLC, please contact our office by email at info@alexiscohen.org. The Company will do its best to respond to you within 48 hours on weekdays and by the next business day after weekends and holidays.

Article 7. PAYMENT

7.1 Authorization and Receipt. Payment can be made by Stripe or by credit card. If paying by credit card, you give us full permission to automatically charge your credit or debit card as payment for your Certification for which you will receive an electronic receipt. You agree that chargebacks are not permissible, and we reserve the right to report them to the three credit bureaus or any other third-party source that affects your credit in your respective country.

7.2 Missed Payment. We understand that there can be major life events or circumstances that prevent making your payments on time, or the monthly payment if paying on a payment plan, so we do allow you a 3–5-day grace period in which to make payment. However, if payment has not been received after five days, in our sole discretion, we reserve the right to stop your access to and participation in the Certification immediately.

7.3 Refund Policy. Because we have invested considerable time, energy, study, effort, expenses, and love in your Certification, if you decide to withdraw for any reason whatsoever, you may do so, but you still will remain fully responsible for the full cost of the Certification, and no refunds or transfers of any kind will be permitted or provided

Article 8. REVOCATION

8.1 Our expectation is that you will fully comply with the terms of this Agreement. However, we reserve the right to immediately terminate this Agreement and/or revoke your Certification and the provision of Certification benefits in our sole discretion at any time if you:

8.1.1 Violate or breach any of the terms of this Agreement.

8.1.2 Engage in any illegal, criminal, or unethical conduct.

8.1.3 Fail to comply with the knowledge and terms of the Art Medicine Practitioner Certification®.

8.1.4 Behave unprofessionally, without dignity or integrity, or in a way that is not aligned with our mission or that reflects poorly on the Art Medicine Practitioner Certification®, our brand or us.

8.1.5 Violate the licensing and/or trademarking or copyright rights you have been granted herein.

8.1.6 Engage in unprofessional or sexual relationship with clients while using our brand and/or methodology.

8.1.7 Use the methodology in a way that is inappropriate or contrary to this Agreement.

8.1.8 Disparage the Art Medicine Practitioner Certification® Program, Art Medicine, LLC, its directors or memberseam staff, or team members, affiliates, other Art Medicine Practitioner Certification® practitioners, or any other person, business or entity affiliated with Art Medicine, LLC.

Article 9. CONFIDENTIALITY

9.1 We will keep all information exchanged during the Certification process in strict confidentiality. We are prohibited from disclosing protected confidential information to anyone else without reason to know such information, except to team members or contractors who have a reasonable need to know such information, as when required by law, or upon written authorization by you.

Article 10. INTELLECTUAL PROPERTY RIGHTS

10.1 Our Limited License to You. This Certification, including but not limited to Certification Benefits, Renewal Benefits, and all other information related to the Certification are the sole property of Art Medicine, LLC, and protected by copyright, trademark, and other intellectual property laws, including without limitation the content, layout, design, data, databases, and graphics related to the Certification, unless otherwise indicated. We hereby grant you a limited license to use our intellectual property in your business provided you do so in accordance with the terms of your Art Medicine Practitioner Certification®, and this Agreement. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for limited commercial use only, limited to you only.

10.2 Trademarks and Copyrights. The trademarks and logos which are displayed in the tools, logo, website, and anything else related to the Art Medicine Practitioner Certification®,or Art Medicine, LLC, are logos and trademarks belonging to Art Medicine, LLC. For our trademarks and logos for which you are granted permission to use, our trademark indicia must be included at all times. For any Art Medicine Practitioner Certification®, materials, coaching exercises, or Certification Benefits that may be provided to you, our copyright indicia must be included at all times in accordance with the provisions with this Agreement. You may not use our logos, taglines, website content or any language relating to Certification, or us in a manner that constitutes an infringement of our rights or that has not been specifically authorized by us.

10.3 Permissible Activities. The limited license that we are providing to you grants you limited permission to do the following upon Certification:

10.3.1 You may use the coaching exercises provided and other information provided as a Certification Benefit or Renewal Benefit in accordance with this Agreement, and provided that you: (1) retain the copyright indicia “©Art Medicine, LLC, if provided, at all times, (2) not change the content or add any other logos or other personally-identifying information, and (3) use any exercises, materials or information exactly as is.

10.3.2 You are permitted to use the Art Medicine Practitioner Certification® logo, and badge that you will receive from us and add it to your website and other marketing materials. You agree to use this logo, taglines and any other language relating to the Certification pursuant to the instructions as provided by us to you, and according to the limited license restrictions as set forth in this Agreement.

10.4 Prohibited Activities and Information You Are Prohibited from Sharing with Others. You understand and acknowledge that the information obtained through your Certification has been developed or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special, and unique asset of ours which needs to be protected from improper and unauthorized use. When you obtain Certification, you expressly agree that you will not use our content in any way that is contrary to this Agreement. You agree that you are clearly and expressly forbidden from doing the following:

10.4.1 You may not alter the logo, tagline, or trademark indicia in any way, and you may not remove any of these items in accordance with the directions provided to you and as set forth in this Agreement.

10.4.2 You may not use any Art Medicine Practitioner Certification® content, including call recordings, Facebook or community group posts or comments or any other aspect of the Certification Benefits other than the designated and approved styling exercises in your own work or practice with clients as these are training materials for your own use, and specifically not for use within any way with your clients.

10.4.3 You may not alter or misrepresent the Certification or Certification Benefits in any way as yours or in any way created by you.

10.4.4 You are explicitly prohibited from training any other person in using our Training Program, methodology, or any other aspect of the Certification. Unless otherwise explicitly authorized in this Agreement, you may not duplicate, share, the Certification materials, or Certification Benefits with any other person, and you are not authorized to train other any other person or business about any aspect of the Art Medicine Practitioner Certification® or proprietary methodology of Alexis Cohen. Anyone who intends to seek Certification for his or her own commercial or business use is required to successfully complete the Art Medicine Practitioner Certification® Program directly from us. If you obtain or receive knowledge that someone else intends or uses the Art Medicine Practitioner Certification® for commercial or business use, you agree to notify us immediately. Violation of this section may be considered theft or stealing, and therefore you would be acting without permission and directly contrary to, and in violation of, the limited license you have been granted through this Agreement.

10.4.5 You may not use the Certification training or Certification Benefits in any way to make money outside of the limited license you are being granted through this Agreement, such as in an e-book, book that is self-published or published through a publishing company and/or online through Kindle, amazon.com, nook, etc., or at a conference or on public speaking engagements, regardless of whether you add your own unique material to it or not.

10.4.6 You are expressly forbidden from creating your own program or course that is identical or substantially similar to the Certification or Certification Benefits for any business or commercial use. Because of the time, energy and effort required to develop the Certification and Certification Benefits, if you do so, you may be considered to be stealing copyrighted, trademarked, and proprietary information that belongs to us, and you agree that we have the right to take legal action and we will.

10.4.7 Except as specifically provided by us, you are prohibited from copying, editing, modifying, or stealing any photos, collages, banners, text, descriptions and/or any other information produced by us describing, promoting, or marketing contained on our website, sales pages, e-mail, video, or any other Certification, Certification Benefits, or correspondence belonging to us or that you may receive from us. By downloading, printing, or otherwise using the Art Medicine Practitioner Certification® program materials, coaching exercises, Certification Benefits, or Renewal Benefits for your own business or personal use in no way gives you any copyright or ownership rights of that material.

10.5 All rights not expressly granted in these terms or any express written license, are reserved by us.

10.6 Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos, and videos) to us related to your Certification via our website or social media, you are representing: (i) that you are the owner of the material or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. When you comment or post, you recognize that you are voluntarily sharing your thoughts and ideas, and you are granting us a limited license to use and/or display any of the material that you submit, in whole or in part, without seeking your permission around copyright, trademark, service mark and or/patent laws under any relevant jurisdiction. We also reserve the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Article 11. PERSONAL RESPONSIBILITY, DISCLAIMER

& RELEASE OF CLAIMS

11.1 Personal Responsibility & Assumption of Risk. You acknowledge that you take full responsibility for your health and well-being, and that of your clients, and all of your choices, actions, and results made before, during and after your Certification. We have used care in preparing the information provided to you through this Certification and it is being made available to you for your informational and educational purposes only. You understand that you are expressly assuming all the risks of the Certification, whether such risks were created or exacerbated through the Certification, and you are solely responsible for the results experienced by you or your clients. You are required to use your own professional judgment and care when interacting with your clients and you are required to always operate in a lawful and ethical manner. We are not responsible for your decisions, actions, failure to act, or results for yourself or your clients at any time. You attest that you are mentally fit to participate in this Certification and acknowledge that you are exclusively responsible for your physical, mental, and emotional well-being.

11.2 Medical Disclaimer. This Certification is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through this Certification and Certification Benefits is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your or your client’s own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, massage therapist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice for yourself or your client because of information you have received through this Certification or from us in any other way. If you have or suspect that you or your client has a medical or mental health issue, contact their health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent, or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease, or condition. We are not giving medical, psychological, or religious advice whatsoever.

11.3 No Warranties. THIS CERTIFICATION, THE CERTIFICATION BENEFITS, AND INFORMATION PROVIDED THROUGH THE CERTIFICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

11.4 No Guarantees. We do not make any representations or guarantees as to the effectiveness, future income, expenses, sales volume, or potential profitability that may be derived because of your use of this Certification. Your business success depends primarily on your own effort, motivation, commitment, and follow-through. We cannot and do not guarantee that you will attain a particular business result or income increase or level through use of this Certification, and you accept and understand that results differ by each individual based on your background, dedication, desire, and motivation, and many other factors. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through this Certification. You are solely responsible for your results. You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future income, expenses, sales volume, or potential profitability that may be derived from obtaining this Certification.

11.5 Technology Disclaimer. We try to ensure that the availability and delivery of our Certification and Certification Benefits is uninterrupted and error-free, including our content and communications through methods like our Website, Art Medicine Practitioner Certification® Program, private Facebook or community groups, e-mail communications, conference calls, audio recordings, emails, coaching exercises, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Certification or Certification Benefits become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Certification or Certification Benefits inaccessible to you.

11.6 Errors or Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in our Certification or Certification Benefits. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of transformational healing and coaching through the healing arts is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

11.7 Limitation of Liability. Under no circumstances, including, but not limited to negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from your, or your clients’, use, nonuse or misuse of the Certification or Certification Benefits even if we are advised beforehand of the possibility of such damages. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with this Certification or Certification Benefits in any way, including without limitation any liability for loss to you or your clients’ of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

11.8 Indemnification and Release of Claims. We will not be held responsible in any way for the information that you request or receive through this Certification and Certification Benefits. By signing this Agreement, whether electronically or physically, you fully and completely us hold harmless, and agree to indemnify and release us and any employees, shareholders, directors, staff, consultants, and designated agents, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to the Certification or Certification Benefits, unless arising from the gross negligence on our part and resulting in direct harm to you.

Article 12. ENTIRE AGREEMENT, ASSIGNMENT, AND WAIVER

12.1 Entire Agreement, Assignment, and Waiver. This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is executed by both Parties. You may not assign your rights or obligations under this Agreement to anyone else. If any part of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.

Article 13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law. This Agreement shall be construed according to the laws of California, venue in Ventura County, without regard to choice of law provisions.

13.2 Dispute Resolution. Should we ever have any differences, it is hoped that we could work them out amiably through e-mail correspondence. However, if we are unable to seek resolution within 14 days, we agree now that the preferable method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration or court resolution is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in Thousand Oaks, California where our principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

13.3 Non-Disparagement. If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Art Medicine Practitioner Certification® Program, Art Medicine, LLC, or Alexis Cohen, or to communicate with any other individual, company or entity in a way that disparages the Program or harms our reputation in any way, including on social media.

Article 14. ELECTRONIC COMMUNICATIONS PERMITTED

14.1 Electronic communications are permitted to both Parties under this Agreement, including email. For any questions or concerns, please email us at the following address: info@alexiscohen.org.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties have caused this Agreement to be executed at the date and time of electronic purchase..

By consenting to this Agreement and purchasing the Certification, you are acknowledging that you have read, understood, agree to, and accept all the terms in this Agreement. Electronic signatures, and/or agreement to this Agreement by electronic check box, are sufficient and entirely enforceable.

Last Updated: October 2, 2024