This Course Agreement (the “Agreement”) is made as of (the “Effective Date”) by and between (the “Company” or “ Ikigai World Corp and CLUB PSORA (“CLUB PSORA”), a New York Company having an address at 42 Broadway Suite 12-105, New York, New York 10004, and (the “Member”). WHEREAS, Company provides a course service for individuals looking for ways to heal chronic skin conditions such as psoriasis; and eczema WHEREAS, Member desires to obtain the services of Company and Company agrees to provide such services to Member in accordance with the terms and subject to the conditions hereof; NOW THEREFORE, in consideration of the promises, representations and the mutual covenants of the parties hereto, the parties hereby agree as follows:
1. Services.
1.1 During the Term of this Agreement, Company shall provide Member with access to the program.
2. Fees & Payment. No fees due at this time. Member can opt in for additional services, workshops and products and pay via paypal or credit card.
3. Term. The Agreement shall commence on the Effective Date and shall terminate when terms and adapt for future models.
4. Indemnification. Member and its managers, employees, agents, contractors, parents, subsidiaries and affiliates (collectively, “Member”) shall defend, indemnify and hold Company, its managers, employees, agents, contractors, parents, subsidiaries and affiliates harmless from and against any and all claims, actions, liens, demands, expenses and judgments for loss, damage or injury to property or persons. Company’s total liability, whether based on breach of contract, tort or any other theory, to Member hereunder shall not exceed the amount paid by Member to Company within the preceding twelve (12) months from the date the claim arose.
5. Intellectual Property. Any and all products, material, resources, presentations, creations, methods, processes, outlines and notes, created, used or produced by the Company for the fulfillment of the Services and its obligations hereunder, and all associated copyright and/or other intellectual property rights (“Intellectual Property”), shall be exclusively owned by Company. Any material created by Member, or intellectual property rights owned or acquired by Member prior to the Effective Date of this Agreement, shall belong to Member. Member shall not acquire any rights in or to the Intellectual Property, and shall not claim any such rights. Member shall not use, edit, copy or distribute any Intellectual Property and any material containing Intellectual Property belonging to Company without Company’s prior written Authorization.
6. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be finally settled by arbitration to be held in New York, New York, and administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
7. Class Action Waiver. There shall be no right or authority for any dispute to be brought, heardor arbitrated as a class, collective or representative action.
8. Governing Law & Jurisdiction. This Agreement shall be governed by the laws of the State of New York, without regards to principles of conflict of laws. The parties irrevocably consent to the jurisdiction of the state and federal courts located in the State of New York, County of New York for the purposes of requesting temporary injunctive relief.
9. Miscellaneous
9.1 All Members should consult with a medical provider before making medication or treatment modifications or changes.
9.2 Should a Member decide to make any medication changes, the Member will do so at their own risk.
9.3 Should a Member decide to engage in any activities, practices, exercises or diets, the Member will do so at the member’s own risk.
9.4 By becoming a member, you acknowledge the following:
a. CLUB PSORA expressly cannot and does not give medical advice, prescribe treatment, and cannot cure psoriasis or any medical condition.
b. CLUB PSORA will not provide medical and/or treatment advice.
c. Members of the Community are expressly prohibited from providing medical and/or treatment advice.
d. CLUB PSORA does not take responsibility for any effects of any treatment including but not limited to side effects of starting or stopping any medication.
e. CLUB PSORA is not responsible for any advice or suggestions made by any of the IGTV specialists or any guest speakers.
f. While CLUB PSORA conducts research, CLUB PSORA may make errors with respect to the body, science, and health.
- 2 -
9.5 CLUB PSORA does not condone bullying or negative community discourse of any kind. Should a Member engage in such behavior, the Member will be removed from the Community at the sole discretion of CLUB PSORA.
9.6 This course is intended for an individual’s use only, sharing of accounts or creating ghost accounts is strictly prohibited. Should a Member engage in such behavior, the Member will be removed from the Community at the sole discretion of CLUB PSORA.
9.7 The data and insights collected from this course will be used for educational and research purposes in the development of an app, we respect all Members' privacy, and all data will remain internal and confidential.
9.8 CLUB PSORA requests confidentiality and privacy for members within the course. If any of the content from within the curriculum is shared we ask that it is credited to CLUB PSORA.