Terms & Conditions and Liability Waiver

My Work Ethic, LLC, DBA Unwind Oakland, (“We,” “Us,” “Unwind Oakland” or “Unwind Learning”) offers a variety of products and services, including online continuing education courses, and general educational courses and resources available on the Unwind Learning platform (collectively, the “Unwind IP”). PLEASE READ THESE TERMS AND CONDITIONS AND LIABILITY WAIVER VERY CAREFULLY. YOUR ACCESS TO UNWIND IP IS SUBJECT TO AND GOVERNED BY THESE TERMS AND CONDITIONS AND LIABILITY WAIVER. BY ACCESSING UNWIND IP ON OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL THE PROVISIONS CONTAINED BELOW.

Acceptance of Terms. By purchasing, accessing, or using any of Our Unwind IP, you agree to be bound by these Terms and Conditions and Liability Waiver (the “Agreement”). If you do not accept the terms of this Agreement, you should not purchase, register, or access any Unwind IP. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our platform. You agree to be bound by any modification to this Agreement when you access or use any Unwind IP any such modification is posted.
Account Password and Security. You agree to immediately notify Us by e-mail at [email protected] of any unauthorized use of your password or account, or of any other breach of security. You also agree that you will log out of your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to our website and course, and to suspend or terminate your account if We determine that your username and/or password has been compromised or is being used fraudulently.
Preservation/Disclosure. You acknowledge, consent and agree that We may access, preserve and disclose your account information and content without notice to you if We are required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any such content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property or personal safety of Unwind Oakland, its users and the public. Under no other circumstances will We intentionally disclose your account information to any third party.
Term and Termination. This Agreement shall remain in full force and effect for so long as this Agreement is posted on our platform. We reserve the right to terminate your account or your access to our online courses and community immediately, with or without notice to you, and without liability, if We believe that you have breached any of the terms of this Agreement or any of our community agreements, or if you furnish Us with false or misleading information, or interfered with use of our platform or any Unwind IP. The terms of this agreement will survive termination of this Agreement or termination of your use of our services.
Privacy Policy. We respect your privacy and permit you to control certain aspects of the treatment of your personal information as set forth in Our Privacy Policy.
Electronic Communications. Use of Our platform or sending emails to Unwind Oakland constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the platform, satisfy any legal requirement that such communications be in writing.
No Unlawful or Prohibited Use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use Unwind IP, strictly in accordance with this Agreement. As a condition of your use, you warrant to Us that you will not use Our platform or any of our products or services for any purpose that is unlawful or prohibited by this Agreement. You may not use Unwind IP or Our platform in any manner which could damage, disable, overburden, or impair the platform or interfere with any other party’s use and enjoyment of the platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Our platform to you. All content included as part of the products and services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the platform, is the property of Unwind Oakland or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Our platform. Our content is not for resale. Your use of Unwind IP does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Unwind Oakland and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Unwind Oakland or our licensors except as expressly authorized by this Agreement.
Third-Party Content. Our online courses and other content and materials available via Our platform contain content of Our third-party licensors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in our online content to which you register other than the right to access and use such online courses under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through our online content.
Purchases and Payment. If you wish to purchase any of Our courses or other products or services made available through Our platform, you must supply payment information including, without limitation, your first and last name, phone number, payment card number, expiration month, billing address, and delivery information. By making a purchase and providing payment information, you authorize Us (or Our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your purchase may be suspended or cancelled. You must resolve any problem We encounter in order to proceed with your purchase. You can change or update payment information at any time by logging into your account and revising your information or contacting us [email protected]. Payment processing services for Our platform are provided by third-party service providers and are subject to their terms of use and service agreements. By making a purchase through Our platform, you agree to be bound by the applicable processor services agreements, as they may be modified from time to time by the applicable third party. As a condition of Us enabling payment processing services through Our third-party service providers, you agree to provide Us accurate and complete information about you, and you authorize Us to share it and transaction information related to your use of the payment processing services provided by third-party service providers. By providing payment information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to Us is true, correct and complete. By submitting such information, you grant Us the right to provide the information to third parties for purposes of facilitating the purchase. We reserve the right to refuse or cancel your purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. All prices shown are in U.S. dollars and do not include applicable taxes. Taxes may vary and are not within Our control. We may adjust future prices as necessary, in Our sole discretion. By making a purchase, you agree to pay the then-current purchase price. Purchases are not to be used for resale or any commercial purposes. ALL PAYMENTS FINAL ARE NON-REFUNDABLE.
Return and Refund Policy. Purchases of an of Our online courses, products, and services are non-refundable.
FDA Disclaimer. The statements on our platform have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any disease. Content on this site is no way to be considered professional medical advice; they are opinions. Our platform is for educational purposes only.
Medical Release & Liability Waiver. Our courses, educational materials, products, and services do not provide medical advice or professional certification or licensing. They are intended for informational and, where indicated, continuing education purposes only. While the massage therapists at Unwind Oakland are board certified, they are not licensed medical professionals. Further, while certain courses on Our platform are NCBTMB certified for purposes of continuing education, the information and courses on Our platform are not a substitute for certification or licensing, nor are they a substitute for professional medical advice, diagnosis or treatment.
Disclaimer of Warranties. Unwind IP is available “as is.” We do not warrant that the courses or online materials will be error-free or uninterrupted; there may be delays, interruptions or inaccuracies. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ONLINE COURSES, OUR OTHER PRODUCTS OR SERVICES OR ANY OTHER CONTENT OR MATERIALS THAT ARE AVAILABLE THROUGH OUR PLATFORM. WE DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE ON OUR PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING THE FAILURE TO COMPLY WITH ANY SCOPE OF PRACTICE REQUIREMENTS, PROFESSIONAL CREDENTIALING REQUIREMENTS, OR ANY OTHER OBLIGATIONS. IT IS YOUR RESPONSIBILITY TO KNOW AND FOLLOW ALL LAWS THAT APPLY TO YOU AND TO KNOW AND FOLLOW THE LOCAL LAWS IN YOUR AREA.
Release of Liability. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Us, and Our subsidiaries, affiliates, contractors, partners, officers, agents, licensors, co-branders or other partners, customers and clients and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your purchase, use, or access of Our products or services. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Indemnity. Upon a request by Us, you agree to defend, indemnify, and hold Us, any subsidiaries, and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives, customers, partners and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising directly or indirectly from your use or misuse of Unwind IP or any of Our services, including our educational and course materials. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Us in asserting any available defenses.
Use of Our Platform. The use of Our platform and Our Unwind IP is subject to the terms and conditions stated herein. Use constitutes an agreement by you, the user, that your use is governed by these Terms and Conditions and our Privacy Policy.
Negotiation and Mediation; Arbitration and Class Action Waiver. Any dispute arising from or relating to the subject matter of this Agreement shall be settled by arbitration in Alameda County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Unwind Oakland shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in Alameda County, California. The prevailing party in any action or proceeding arising out of this Agreement will be entitled to an award of costs and attorneys’ fees. To the fullest extent permitted by law, you and Unwind Oakland agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party’s claim.
Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.
International Users. Our platform is controlled, operated, and administered by Unwind Oakland from our offices within the USA. If you access Our platform from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Unwind IP in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Contact Us. If you have any questions about this Policy, please contact us by email at [email protected].

Liability Waiver, Release & Indemnification

My Work Ethic, LLC, DBA Unwind Oakland, Unwind Learning, Touch with Substance including its owners, directors, officers, instructors, massage therapists, contractors, employees, and other agents and affiliates shall be referred to as
“Provider.”
Any and all offerings made available by Provider, including, but not limited to massage therapy or any therapeutic treatments shall be referred to as “Services.” Any and all offerings made available from Provider, including, but not limited to courses and workshops, whether made available in-person, over the Internet or digitally, live or recorded, shall be referred to as “Products.”

Any person who has ever registered with Provider as, or on behalf of, a consumer of Provider’s Services or Products, whether electronic or otherwise, shall be referred to as “Client.”

The terms contained herein are applicable to any and all Services or Products rendered by Provider, regardless of the physical location from which Client acquires such Services or Products from Provider.

From the time at which Client receives Services and Products from Provider, or Client registers for a course or workshop with Provider, Client fully and voluntarily agrees to, affirms and/or acknowledges all terms included in this liability waiver, release, and indemnification document, as well as any other terms and conditions or policies that Provider has put into effect at any time.

By signing this form, you agree to the following:

1. I acknowledge that massage therapy is intended primarily for the purpose of stress management, relief of muscle tension, or to promote general wellness.

2. I acknowledge that massage therapists do not diagnose physical or mental illnesses, nor do they prescribe medication for treatment of disease or illness, and nothing during the provision of Services or Products should be construed as such. I understand that massage therapy is not a substitute for a medical examination, diagnosis or treatment, and I will see a physician or other qualified medical specialist for any mental or physical ailment of which I am aware.

3. I acknowledge that information about massage therapy, potential benefits, risks, and contraindications has been explained by Provider, and I understand this information.

4. I understand that the risks associated with massage therapy include, but are not limited to: short-term muscle soreness, superficial bruising, and exacerbation of undiscovered injury.

5. I acknowledge that I have been given an opportunity to ask questions about the Products and/or Services, and my questions have been answered to satisfaction.

6. I affirm having obtained a complete physical examination from a licensed physician prior to receiving Services. I further affirm that all medical conditions/factors, present or past, as well as a complete listing of all current medications or supplements, have been fully disclosed to Provider prior to receiving Services, and I agree to immediately notify Provider of any changes to my medical conditions/factors, medication, or supplements.

7. I affirm that I have no health or physical problems that will interfere with my involvement in Products or Services offered by Provider.

8. I understand that it is my responsibility to inform Provider of any discomfort I may feel when receiving Services so that Provider may adjust accordingly.

9. I understand that I or Provider may terminate the Services at any time.

10. I accept full responsibility for myself and my health, and I affirm I voluntarily participate in Services/voluntarily access Products, and I acknowledge that I receive Services or Products at my own risk.

11. I acknowledge receipt of Provider’s policies, including those pertaining to cancellations and refunds, privacy, and terms and conditions of use, and I accept all terms of such policies.

12. If I am accessing Provider’s Products, I affirm I will not plagiarize, copy, or steal the Products. I am aware such unethical actions can be legally prosecuted to the fullest extent of the law in a court of law and Provider can file a legal suit for damages, loss of income, and theft of proprietary information. I further understand Provider is not responsible for any activities I undertake as a result of my participation in a course or workshop at any time or at any location at which I provide services. I am aware and fully accept that I provide services at my own risk, assuming all responsibility for all my actions and the results.

13. I agree that neither I, my heirs, assigns nor legal representatives will sue Provider or make any other claims of any kind whatsoever against Provider for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. I agree to voluntarily give up or waive any right that I may otherwise have to bring legal action against Provider for any and all personal injury and/or property damage. I acknowledge, to the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. I will waive and release any and all claims for damages Client may have against Provider.

14. I expressly agree to defend, indemnify, and hold Provider, and other affiliated companies, and all owners, directors, officers, instructors, massage therapists, contractors, employees, as well as any other agents, affiliates, resellers, distributors, services providers, and suppliers harmless from any and all claims, causes of action, losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement or claims arising directly or indirectly from your use or misuse of Provider’s Products or Services.

15. I agree that any dispute arising from, or in connection with this agreement, will first be addressed through good-faith, informal mediation, with a mediator agreed upon by both parties. If we are unable to reach resolution after information mediation, we will engage in formal mediation with a mediator agreed upon by both parties. If we are unable to come to resolution after formal mediation, the dispute will be settled by arbitration in Alameda County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). For all purposes of this agreement, you consent to exclusive jurisdiction and venue in the state or federal courts located in Alameda County, California. The prevailing party in any action or proceeding arising out of this Agreement will be entitled to an award of costs and attorneys’ fees.

16. I acknowledge that I have carefully read this liability waiver, release, and indemnification agreement and fully understand that it is a release of liability and agreement to indemnify.

17. I acknowledge that if any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed herefrom.

I agree to the conditions as outlined above, and I release the Provider from all liability for any harm that may unintentionally result from Services or Products, and further agree to indemnify and hold harmless Provider and other affiliated companies.