Terms and Participation Agreement
(Including Refund Policies)
By purchasing the Peri Fairy Program, you are Agreeing to this Peri Fairy Group Participation Agreement. This Agreement governs the terms and conditions for participation by the purchaser/participant in Peri Fairy created and hosted by A Desert In Bloom Collective, LLC
PROGRAM. In consideration for, and upon receipt of payment as described below and this signed Agreement, Participant will gain access to the Program, which is designed as follows:
Peri Fairy is an eight (8) week educational group program facilitated by Kristen Searcy, LCSW through A Desert In Bloom Collective, LLC. The Program consists of one (1) 90-minute live virtual group session per week for eight (8) total weeks, along with supplemental materials including worksheets, exercises, and educational resources designed to support reflection, personal growth, and empowerment during the perimenopausal life stage. Sessions will take place live via video conference. Participants are responsible for attending scheduled sessions. Sessions may or may not be recorded by the Company at its discretion. Program participation and access will end on the Program End Date, at which time this Agreement will terminate.
SCOPE. The Program is a group educational experience and does not include individual one-on-one services, individual consultation, or access to the facilitator outside of the scheduled group sessions.
No materials, advice, direction, or guidance given within the scope of the Program is to be construed as legal, tax, financial, mental health, medical, or other professional advice or service. Participants agree to contact an appropriately licensed professional for advice regarding these matters.
This Program is not psychotherapy or mental health treatment. Participation in the Program does not create a therapist-client relationship between Participant and Kristen Searcy, LCSW.
Additional Clarification Regarding Educational Nature of Program
Participant understands that while Kristen Searcy, LCSW is a licensed mental health professional, the Peri Fairy Program is provided solely as an educational and personal development experience through A Desert In Bloom Collective, LLC. Participation in the Program does not establish a therapist-client relationship, and no mental health diagnosis, treatment planning, or psychotherapy services will be provided within the Program. Participant agrees not to rely on the Program as a substitute for individualized mental health care, medical care, or other licensed professional services. PLEASE SEE ADDITIONAL DISCLOSURES AND AGREEMENTS RELATING TO THE NON-THERAPY NATURE OF THIS PROGRAM.
PAYMENT. Participant agrees to pay the Company a total Program Fee of $500 for participation in the Program.
Participant acknowledges that the payment plan selected at checkout is binding and non-refundable, regardless of participation level or completion of the Program. If any payment under this Agreement is returned or declined as insufficient or for any other reason, the Company will remove Participant from access to and participation in the Program until paid in full. We may also pursue collection of any balance owed of the Program fee, through any legal means.
NO REFUNDS or CANCELLATIONS. The parties acknowledge that the value provided under this Agreement extends beyond the scheduled group sessions and listed resources. The Program Fee reflects not only the sessions themselves, but also the Company’s time, expertise, preparation, and the reservation of Participant’s spot in the Program. Upon enrollment, Participant immediately receives access to proprietary materials, including downloadable resources, worksheets, and other digital content that cannot be returned.
Accordingly, the Company does not permit early cancellations or issue refunds under any circumstances. By signing this Agreement and submitting any portion of the Program Fee, Participant confirms that they have reviewed the Program and the Company to their satisfaction and determined that participation is a good fit.
NO GUARANTEES. Participant acknowledges that their results from the Program depend on their own commitment, effort, and capacity to implement what is taught. The Company makes no representations, warranties, or guarantees of any specific results or outcomes from participation in the Program.
PARTICIPATION AND CONDUCT. Participant agrees to conduct themselves in a professional manner, and in a way that is for the benefit of and not disruptive to the other Participants, the Program, and Participants themselves, collectively. Participant understands that they Program is designed as a group educational experience and that individual participants may not receive equal speaking time during each session. Participant expressly agrees to discuss any dissatisfaction or challenges regarding the Program with the Company’s representatives privately and directly, and any resolutions or lack thereof arising out of such discussions will be kept confidential. Participant understands that disruptive behavior and/or any form of hate speech or discrimination from Participant may result in immediate revocation of Participant’s access to the program without refund.
CONFIDENTIALITY. Participant agrees to maintain the confidentiality of any non-public information shared by the Company or other participants during the Program, and not to disclose such information to any third party. Participant understands that the Company does not and cannot guarantee that other participants will maintain confidentiality, and the Company has no obligation to monitor or enforce confidentiality among participants.
Participant is encouraged to exercise discretion when sharing personal, proprietary, or sensitive information within the group setting, as such sharing is voluntary and at the Participant’s own risk.
INTELLECTUAL PROPERTY. All content, materials, curriculum, videos, worksheets, designs, trademarks, copyrights, and other intellectual property created for, provided in connection with, or arising from the Program (collectively, “Program Materials”) are and shall remain the sole property of the Company.
Participant receives a limited, non-transferable, non-exclusive license to access and use the
Program Materials solely for their personal use within the Program. Any reproduction, modification, sale, public distribution, or creation of derivative works based on the Program Materials, whether in whole or in part, is strictly prohibited. Sharing Program login credentials or granting access to any third party constitutes an unauthorized use of Company property and may result in immediate removal from the Program without refund and potential legal action.
MEDIA RELEASE. Participant gives express consent for the Company to use Participant’s name, likeness, image, video recordings, words, testimonials, generalized descriptions of Participant, and results accomplished in the Program for marketing purposes. Participant waives any right to payment for such use.
FORCE MAJEURE. The Company will not be liable for any delay in performance of this Agreement if the delay is due to causes beyond the Company’s control, including but not limited to natural disasters, government orders, war, or any other force majeure event. If relying on this provision, the Company will give notice to Participant with proposed delay and/or alternative Program options.
LEGAL CONSTRUCTION.
Severability. If any provision contained in this Agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, in whole or in part, then the other provisions contained herein shall remain in full force and effect as if the provision which was determined to be void, illegal, or unenforceable had not been part of the Agreement.
Waiver. The waiver of a breach of any provision of this Agreement will not be construed as a waiver of any subsequent breach.
Entire Agreement. This document is the entire agreement of the Parties and supersedes all prior and contemporaneous agreements, either oral or in writing.
Modification. This Agreement may only be modified, altered, or amended by written agreement.
Effect of Headings. Paragraph headings of this Agreement are for convenience only and will not impact or override the provisions themselves.
LIMITED LIABILITY: THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
GOVERNING LAW & DISAGREEMENT. This Agreement shall be governed by the laws of the State of Arizona. The Parties agree to first address any disagreement or dissatisfaction with private, confidential discussion. In the event we cannot come to a resolution through normal discussion, the parties agree to mediate before pursuing any other legal action. The Parties agree that any legal conflict arising in connection with this Agreement will be brought, tried, and resolved in the applicable courts having jurisdiction in the State of Arizona.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS. By completing your purchase, Participant acknowledges that you have read, understood, and agree to be bound by all terms and conditions contained in this Agreement. Participant’s electronic acceptance by completing payment constitutes written agreement to these terms in full.