Terms and Conditions for Courses, Programs, and Coaching Services
Terms and Conditions
Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (referred to as “Product” or “Program”) by Rain Organica LLC (also referred to as “Company” or “Rain Organica”).
By purchasing Rain Organica products, which are led by Brandy Searcy (the “Instructor”), you (the “Client” or “Participant”) agree to the following terms stated.
BY USING OUR WEBSITE AND SERVICE YOU, THE USER (HEREIN “YOU” OR “YOUR”) REPRESENT AND WARRANT THAT:
YOU ARE THE AGE OF MAJORITY;
HAVE READ AND UNDERSTAND TO THESE TERMS; AND
AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT THE AGE OF MAJORITY, DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS PLEASE STOP USING THE WEBSITE AND CONTACT US IMMEDIATELY.
Rain Organica agrees to provide course content, identified as an online course aid, to help Clients learn to use the fertility awareness method. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs.
Client understands Brandy Searcy and Rain Organica is not a doctor, registered dietician, therapist, nutritionist, naturopath, psychotherapist, or healthcare practitioner. Client understands that participation in this program will not treat or diagnose any disease, illness, or ailment and if you should experience any such issues, you should see your registered physician or other practitioner as determined by your own judgment.
Client understands, acknowledges, and agrees that neither Brandy Searcy nor Company, has promised, guaranteed, or represented in any way that Client will:
- Not experience an unplanned pregnancy
- Experience a planned or desired pregnancy
- Maintain pregnancy, improve ovulation, improve sperm parameters, improve egg or sperm quality, minimize or eliminate the possibility of miscarriage, eliminate or minimize chromosome abnormalities, improve fertility procedure success rates, improve fertility treatment parameters, increase live birth rates, treat or manage other conditions or comorbidities, or achieve any other medical results using the techniques and ideas in these materials.
- Be healthy or free from any health care risk either during the Program or after completion of the Program
- Not be protected in any manner against HIV, AIDS, or any other sexually transmitted infections.
- Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions.
Client is responsible for the completion of all payment plans associated with products you purchase. Rain Organica reserves the right to seek recovery of any monies remaining unpaid via our Collection Agency.
METHODS OF PAYMENT
We accept Visa, Mastercard, and American Express as a form of payment. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client`s credit card or debit card.
No refunds are offered for the Self-Study Programs (i.e. no refunds). We will NOT provide refunds once you have purchased and accessed the course materials.
If you decide to withdraw from any of the live programs within the first 7 days of the program start date, you will receive a refund on the balance of the program (less the prorated amount for the sessions you have attended and the supplies and course materials you have received). We will NOT provide refunds after 7 days from the program start date. On the 8th day of the program start date, all payments are non-refundable and you are responsible for the full payment of the fees for the product, regardless of whether or not you complete the program.
If you’re unable to continue with the current live program for any reason, reach out to firstname.lastname@example.org to arrange participation in a future offering for this program.
Please note: If you opted for a payment plan and you do not request a refund within 7 days of the program start date, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
There is no refund available on program packages after 7 days from the purchase date of the package. We will NOT provide refunds on individual sessions booked outside of a program package. We will not provide refunds for any Strategy Sessions, Alumni Sessions, or packages of one-on-one sessions.
Please note: If you opted for a payment plan and you do not request a refund within 7 days of the date of purchase of a program package, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
All refunds are discretionary as determined by Rain Organica LLC. If you have any questions, contact us at email@example.com.
As mentioned above, all refunds are discretionary. If you sign up for a self-study or live program, attend one or more sessions, and then promptly ask for a refund, we reserve the right to deny your refund request. For any live programs, you are not able to receive a refund for classes you have attended.
All non-public, confidential or proprietary information of other Clients in any format is confidential, solely for the Instructor’s and Client’s use in performing this Agreement and may not be disclosed unless authorized by the disclosing party in writing.
Products and programs developed by Rain Organica are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from programs developed by Rain Organica. Rain Organica makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by Rain Organica and their extent, the results experienced by each Client may significantly vary. Rain Organica assumes no responsibility for errors or omissions that may appear in any program materials.
LIMITATION OF LIABILITY
Client agrees to the use of Company’s services at her own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR INSTRUCTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES ARISING FROM THE USE OF OUR WEBSITE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT YOU HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors.
In consideration of and as part of Client’s payment for the right to participate in Rain Organica Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Rain Organica and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or participants taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s Programs are copyrighted and original materials that have been provided to Client and are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Rain Organica. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to provide log in credentials to access course content to any other person. Further, by purchasing this program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and purchasers shall be notified.
Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this program, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
OUR WEBSITE & SERVICE
ACCEPTANCE OF RISK
We make no representations about the suitability of the data or graphics published on our Website as updated from time to time. EVERYTHING ON OUR WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that while we strive to bring you accurate information, WE DO NOT GUARANTEE THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE ANY INFORMATION POSTED ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU. Users are encouraged to evaluate and confirm the information as they see fit.
NOTHING ON THE WEBSITE IS INTENDED TO BE MEDICAL ADVICE AND NOTHING SHALL BE CONSTRUED BY YOU AS SUCH.
The content on the Rain Organica Website(s) is for educational and informational purposes only, and is not intended as medical advice. The information contained on the Rain Organica Website(s) is not intended to be used to diagnose, treat or prevent any disease, health concern, or illness. The purpose of Rain Organica Website(s) is to inspire readers to make informed decisions about their health, fertility, and nutrition after consulting with a qualified health professional. By reading this website, you acknowledge that you are responsible for your own health decisions. Readers should consult with a qualified health professional prior to making any health changes, especially any changes related to a specific diagnosis or condition.
The author, Brandy Searcy is not a medical or naturopathic doctor, healthcare practitioner, or a nutritionist, and does not dispense medical advice and/or prescribe treatment. If you feel or suspect that you have a medical problem, contact your health care provider immediately. Always consult with your medical doctor and/or health care provider before taking any medication, nutritional supplements, and/or making any dietary changes.
The author is not responsible for any adverse effects or consequences that might result if you choose to use the Fertility Awareness Method or apply any of the information that you have read on this website and/or applied any of the information you have gathered from the Holistic Wellness Podcast hosted by Brandy Searcy. By visiting this website, listening to the Holistic Wellness Podcast and/or otherwise engaging with this material, you acknowledge that you are solely responsible for any health decisions you make.
You may only use our site(s) and collect information on our site for lawful purposes.
You may not use our Website(s):
- Copy, aggregate, database scrape or use in any fashion our copyrighted content, images and marks without our express prior written approval;
- In any way that breaches any applicable local, national or international law or regulation;
- To modify, reverse engineer, decompile or disassemble the Website(s), Service, or Program(s) or take any measures to damage or replicate them;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam); or
- To knowingly transmit any data, send, submit or upload any material that contains false information, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, malware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or cause damage to our Website, Service or our hardware including our servers.
Whether or not affiliated with sites which may be linked to our site, we are not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. From time to time we will provide links and references to material on other websites not owned or operated by us. Links found on our Websites and online Services are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
GOVERNING LAW AND JURISDICTION
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
As our Websites and Services continue to change we may at any time revise these Terms by updating this page. The date of the last version of these Terms is posted above. As you are bound by these terms each time you visit our Website(s) or use our Product(s) or Service(s) you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Website and Services after such amendments have been posted. If you do not agree with the amendments, you shall immediately stop accessing the Website and Service.
REGARDING YOUR PARTICIPATION IN RAIN ORGANICA PROGRAMS
Consultation & Referral
If you describe symptoms that compromise your well-being, and that cannot be addressed through our work together, or are outside of my scope of practice, you may be referred to consult with other mental or physical healthcare providers such as your own physician, naturopath, psychologist, psychiatrist, massage therapist, hypnotherapist, etc.
Confidentiality & Records
The privacy of your personal information is an important part of your care. We recognize the importance of protecting your personal information and are committed to collecting, using, and disclosing your personal information responsibly.
All verbal and written communications between us, in the context of our professional relationship, will be kept strictly confidential. We will not share information concerning you, including the fact that you see me as a healthcare provider, without your written consent, or that of your parent or legal guardian if you are a minor or dependent adult. We will not use information concerning you for purposes of research, teaching, public lecture, or publication without written consent, and without protecting your identity.
Circumstances under which We may be legally obliged to break the confidentiality of our work together, and which may require others to intervene.
- If you convey information to me indicating that a minor child is subject to abuse, neglect, or other criminal acts. We are required legally to notify the proper authorities.
2. If you place another person at risk of bodily harm, We are required legally to notify the person in question as well as the proper authorities.
3. If you place yourself at risk of bodily harm, We are required legally to take preventive actions as well as notify the proper authorities.
4. If a court subpoenas my records or myself
Under the above circumstances We will ensure that only the required information is released, and that it is released only to authorized persons. We will fully inform you of the release and the reasons for it. Before releasing information, We will attempt to discuss the issues with you, and assist your taking responsibility for reporting yourself (when relevant) and/or for protecting yourself and/or others.
Circumstances under which the confidentially of our work together may be compromised.
- A 3rd party (e.g. Insurance, Employee Assistance Plan) reimbursing you for fees paid for our work may require a diagnosis and periodic reports.
2. If you convey information to me indicating that a dependent adult or elder is subject to abuse, neglect, or other criminal acts.
3. If you experience a medical emergency, that requires me to share relevant information with your attending physician(s) or other healthcare providers.
4. To communicate with other treating health-care providers
Under these circumstances We will attempt to discuss the issues with you, and help provide you with details of anything I am required to reveal (if permitted) and request your written consent to break confidentiality.
Due to the nature of email communication, there are inherent risks concerning privacy. If you choose to use email communication, you acknowledge the following:
Emails concerning treatment recommendations or suspected diagnoses will be made part of my client records. Certain types of advice and/or support cannot be given over email (medical advice, diagnosis, etc.). Email communication is primarily an opportunity to clarify previous discussed strategies and recommendations, as well as ask questions & receive support between appointments.
By signing the agreement section of this Client Disclosure Form, you have agreed that you have given your informed consent for the collection, use and/or disclosure of your personal information as outlined above.
You have read and understand how my personal information will be used, and the steps being taken to protect my information. You are giving your informed consent to the collection, use, and/or disclosure of your personal information as detailed above.
Appointments will take place primarily over Zoom unless otherwise stated. The frequency of appointments is determined by individual need. Sessions range from 60 minutes to 90 minutes in length, and begin promptly at the scheduled time. If you are running late, please notify me in advance. If you need to cancel or reschedule an appointment, I require 24 hours notice except in the case of medical emergency. If you do not provide me with 24 hours notice of a missed appointment, you will be responsible for the cost of the appointment, and our missed appointment will be counted against the total number of appointments in your package.
You are entitled to a specified number of private consultations during the program you’ve signed up for. You must schedule your private consultation during the specified time frame outlined in the program. If you fail to schedule all sessions within the specified time frame they will expire. You will not be reimbursed for any unused sessions.
Statement Of Responsibility
You acknowledge and agree that neither Brandy Searcy nor Rain Organica has represented to you in any way that contracting for her services guarantees that you will not experience an unplanned pregnancy, or that you will experience a planned or desired pregnancy. Accessing services through Rain Organica does not guarantee that you are healthy or free from any health care risk, that you will or will not be protected in any manner against AIDS or any other sexually transmitted infections, or that you will not suffer injury if you follow the judgment and advice of Brandy Searcy of Rain Organica during your work together. You further acknowledge Brandy Searcy is not a Doctor, a Naturopath, or a Nutritionist.
You clearly acknowledge and agree that you personally assume all risk and/or legal liability related to your use or implementation of this information. You clearly acknowledge and agree that the accuracy, completeness, usefulness of the fertility awareness method and the application of and reliance on the information you learn throughout any of the Rain Organica Programs is at your own risk.
Your first payment is due upon signing up for the program, prior to our first meeting. If you are paying in installments a payment plan will be established and each subsequent payment will be deducted in 30 day intervals via PayPal or Stripe.
Statement of Informed Consent
1, I understand that Brandy Searcy is not a Medical Doctor/Naturopath and/or Nutritionist.
2. I understand that any advice and/or recommendations given to me are not mutually exclusive from any other treatment and/or advice from another health care practitioner, now or in the future.
3 I understand that I am at liberty to seek or continue care with any other medical provider that I choose at any point both during and after our work together.
4. I understand that I am free to accept or reject any treatment advice and/or suggestions recommended to me for the duration of this program.
5. I understand that I am encouraged to work jointly and collaboratively with other health professionals as needed at any point during this program.
6. I understand that I am fully responsible for any and all possible risks, injury and complications that may arise from any and all treatments recommended to me for the duration of this program.
7. I understand that participating in Rain Organica programs in no way guarantees that I will not experience an unplanned pregnancy.
8. I understand that participating in Rain Organica programs in no way guarantees that I will experience a planned or desired pregnancy.
9. I understand that the services offered by Brandy Searcy are not covered by medical insurance or health insurance providers, and that fees are due prior to our first consultation together, and any subsequent consultations I purchase outside of our initial package/agreement.
10. I understand that 24 hours notice is required for appointment changes or cancellation, and if I miss an appointment without notice I am responsible for the appointment fee. In other words, I understand that if I do not provide 24 hours notice and miss an appointment, my missed appointment will be counted against the total number of appointments in my package.
I have read this document and understand its terms. I consent to these practices and policies. I understand that any questions or concerns I have regarding this document or any aspect of this agreement should be directed to: firstname.lastname@example.org.
I agree not to distribute the program materials, including giving access to client areas of the website, to anyone else.
I agree to participate fully, and I will ask questions to clarify anything I don’t understand. I am committed to doing everything I need to do to get the results that I want from this program.
Updated January 22, 2023