Terms and Conditions

PAYMENT AND REFUNDS

Payments for Masterheart Courses are non-refundable and non-transferable, regardless of my use or participation. The only exception: if Masterheart Inc. cancels a Masterheart Course or moves its date and the new date does not work for me, I will receive a full refund.

If I have chosen a payment plan, I am authorizing each scheduled payment and I am responsible for the full price.

Masterheart Inc. may reschedule an individual session or class when necessary. Rescheduling a session is not a cancellation and does not entitle me to a refund.

I agree to contact Masterheart Inc. at info@wendyfalcon.com before disputing any charge with my card issuer. A chargeback filed in violation of these terms is a breach of this agreement, and Masterheart Inc. may recover the disputed amount and any related fees.

GENERAL MEDIA RELEASE

I understand that Masterheart Courses, including live online sessions, may be recorded, and that I will be recorded as a participant.

I hereby expressly grant to Masterheart Inc. and to its officers, employees, agents, and assignees the right to use photographs, video, and/or audio impressions (including over the internet) of me recorded by Masterheart Inc. at any of the Masterheart Courses, and to use the photographs and my name, voice and picture, silhouette, and other reproductions of physical likeness, my spoken and written contributions (including chat messages, written work, and transcripts), and class-related work (including any still image, videotaped image, digital file, and/or other analog or digital means), in connection with or as part of any presentation, program, publication, product, transmission, or other professional endeavor in which the same may be used or incorporated, and also in the advertising and/or publicizing of any such analog or digital works or their content, in perpetuity. I understand these images/sounds may be used for commercial, educational, or informational purposes.

I agree that Masterheart Inc. shall exclusively own, jointly and severally, all rights, title, and interest, including copyright in, and to the complete set of original recordings, with worldwide rights. Masterheart shall have the right, for any purpose, to use, adapt, change, delete from or add to such form and content, to combine all or any part of these original recordings with others, and to use, distribute, advertise, market, and otherwise exploit any and all of the foregoing in any manner and in any medium, as Masterheart shall determine in its sole discretion. I agree to cooperate with Masterheart, at its expense, in all further actions which Masterheart deems necessary or desirable to confirm, register, protect or enforce Masterheart’s rights in and to such recordings. I waive all rights of copyright or ownership which I might otherwise have in or to any of the products in which my image, likeness, or voice appears, and I agree to assign and do hereby assign to Masterheart any such right, title, and interest in and to any such products. I agree to execute all documents deemed necessary or desirable by Masterheart in connection therewith. I waive all rights to copyright or ownership in or to the resulting commercial or educational and informational materials in which I appear, and acknowledge no monetary or other compensation is provided in exchange for waiving this right. I also agree to allow all forms of distribution of any materials that accompany the images or my voice.

I waive any right to inspect or approve the use of these recordings and materials, and I release Masterheart Inc. from any claim arising from such use, including any claim of privacy, publicity, or defamation. I agree not to record any Masterheart Course myself, and not to share recordings or course materials outside the Masterheart Course.

OTHER PARTICIPANTS AND CONDUCT

I hereby agree to respect the privacy of other Masterheart Course participants and shall not share any information provided by other participants outside of the bounds of the Masterheart Course.

I will not use a Masterheart Course to solicit, sell to, or recruit other participants.

I understand that Masterheart Inc. may remove a participant whose conduct is disruptive to a Masterheart Course or to other participants, without refund.

NOT THERAPY

I understand that Masterheart Courses are coaching, yoga, and body-based practice. They are not counseling, psychotherapy, or medical treatment, and they are not a substitute for care from a licensed provider. I am responsible for my own results and for my own body during any practice.

YOGA RELEASE AND WAIVER OF LIABILITY

I am participating in yoga, breath-work, body work, meditation, coaching, exercise and healing arts activities (collectively, the “Activities”) offered by Masterheart Inc. The Activities may be offered in the physical location of Masterheart or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.” I recognize that I must be in adequate physical and mental health to participate in the Activities in any of the Masterheart Courses. I understand that these Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that Masterheart Inc. reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.

I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury. When I participate online, I practice in my own space and I am responsible for it. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities during any of the Masterheart Courses, including those which may result from the negligence of Masterheart Inc.

In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against Masterheart Inc., its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at any of the Masterheart Courses, even if the Claim arises from the negligence of any Released Party or anyone else.

I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.

“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, or that my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.

COPYRIGHT AND CONFIDENTIALITY NOTICE

The materials and resources used in Masterheart Courses, including recordings and course library content, are the confidential and exclusive copyright and proprietary intellectual property of Masterheart. These materials are provided to me by Masterheart and are solely intended for my personal use as a Masterheart Course attendee. No part of these documents, recordings, and/or resources can be stored, reproduced, or transmitted in any form or by any means (electronic, photographic, mechanical, or any other medium), recorded, translated, taught from, or used to produce any derivative works without the explicit written permission of Masterheart, under signature. Any violation, or display of the likelihood of violating, any of my agreements contained in this paragraph entitles Masterheart to injunctive relief to prohibit any such violations.

LIABILITY WAIVER AND ACKNOWLEDGMENT OF RISK

I understand and agree that in participating in any movement class, workshop, or Masterheart Course there is a possibility of physical injury. I voluntarily agree, therefore, to assume all risks and responsibility for any such injury or accident which might occur to me during any Masterheart Course.

I also exempt, release, and indemnify Masterheart, its owners, volunteers, assistants, employees, guest artists, faculty members, and staff from any and all liability claims, demands, or causes of action whatsoever from any damage, loss, or injury to me in connection with participation in any class, workshop, or Masterheart Course offered by Masterheart.

I understand that I should be aware of my physical limitations and agree not to exceed them.

GENERAL

I am at least eighteen years old.

I understand that no result is guaranteed, and that my progress and results are my own responsibility.

Masterheart Inc.’s total liability to me in connection with any Masterheart Course is limited to the amount I paid for it.

Masterheart Courses may be delivered through third-party platforms such as Zoom and Kajabi. Masterheart Inc. is not responsible for their availability, performance, or security.

My personal information is handled according to Masterheart Inc.’s Privacy Policy.

This agreement binds and benefits Masterheart Inc. and its successors and assigns.

Masterheart Inc. may update these terms for future Masterheart Courses. The version I accept at checkout governs my enrollment.

These terms, together with the checkout terms I accepted, are the entire agreement between me and Masterheart Inc. regarding my participation.

This agreement is governed by the laws of the State of Arizona, and any related action shall be brought in a court located in Phoenix, Arizona. If any provision is found invalid, the rest of the agreement still applies.

Checking the box at checkout is my electronic signature and has the same effect as a handwritten signature.

I hereby certify that I have read the foregoing and fully understand the meaning and effect thereof, and I intend to be legally bound.