Terms of Use | Disclaimer
Last updated: 11/17/2025
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1) Agreement to Terms
By buying, accessing, or using any EquaTerra Wellness LLC ("EquaTerra”) programs, classes, products, services, or related materials (collectively, "Materials"), you agree to these Terms of Use, EquaTerra’s Privacy Policy, and any posted policies, even if you have not read them. If you do not agree with these terms and posted policies, do not use the Materials.
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You confirm you are at least 18 years old. You are responsible for anyone who uses EquaTerra’s Materials through your account or internet connection and for ensuring they are 18 or older and follow these Terms.
2) Changes
EquaTerra may update these Terms and modify features at any time. Your continued use means you accept the changes. Review the Terms regularly.
3) Arbitration & Class Action Waiver
Ohio law shall govern these terms. You agree to bring any actions valued at more than $15,000.00 in Arbitration before the American Arbitration Association according to the American Arbitration Association’s Consumer Rules in lieu of Court litigation. You agree to bring any actions valued at less than $15,000.00 in an appropriate Municipal Court located in Cuyahoga County, Ohio. You agree to seek confirmation, modification, or vacation of any arbitration award exclusively in courts located in Cuyahoga County, Ohio. An Arbitrator and/or Court’s determination that any provision of this Agreement is invalid, illegal, or unenforceable, shall not affect any other provision of this Agreement and this Agreement shall be construed as if such provision had never been contained in it.
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You, for yourself, your heirs, executors, trustees, agents, legal representatives, and assigns 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.
4) Intellectual Property
EquaTerra owns all trademarks, logos, taglines, websites, content, recordings, course materials, and other intellectual property in the Materials. Do not use, frame, copy, or create derivative works without our written permission. If EquaTerra grants written permission to use any trademark or content, include the proper trademark symbols and notices.
5) Linking
You may link to EquaTerra’s website if the link does not suggest EquaTerra endorses you or your site and does not frame or inline‑link our content. Ask for written permission before any other use.
6) Media & Recording Consent
By joining EquaTerra’s programs or classes (in‑person or virtual), you consent to photography, audio, and video recording. EquaTerra may use these recordings, in whole or in part, worldwide and forever, for marketing, promotions, social media, and future programs without compensation. EquaTerra will not disclose your confidential information except as allowed in these Terms and EquaTerra’s Privacy Policy or required by law.
From time to time, EquaTerra may record classes held online or elsewhere. By attending, you consent to being recorded and grant EquaTerra a perpetual, royalty‑free, worldwide license to use the recordings as described above.
7) Client Testimonials
EquaTerra may use, reproduce, and/or adopt any testimonials and/or comments that clients or participants publicly post or make regarding EquaTerra on the internet or otherwise without client/participant permission and/or further compensation to the client/participant.
8) Confidential Information & Privacy
You may provide personal or confidential information (e.g., name, contact details, billing info, preferences) to use the Materials. You grant EquaTerra permission to collect, use, and store this information as described in these Terms and EquaTerra’s Privacy Policy. If any information is inaccurate, contact EquaTerra to correct it.
EquaTerra keeps your confidential information private, but EquaTerra may disclose it:
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As described in these Terms, EquaTerra’s Privacy Policy, or EquaTerra’s disclaimers;
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As required by law or legal process;
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To protect EquaTerra’s rights, property, users, or the public; or
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To service providers and team members acting on EquaTerra’s behalf under our direction.
EquaTerra does not sell your confidential information. Review EquaTerra’s Privacy Policy for details, and how to opt out.
9) Cookies
EquaTerra uses standard browser cookies. EquaTerra does not store confidential information in cookies. You may disable cookies in your browser, but some features may not work. Refer to EquaTerra’s privacy policy for details.
10) Accounts, Passwords & Security
You may need a username and password to access certain features. Keep your credentials confidential and secure; you are responsible for all activity under your account. Do not share your credentials. Tell EquaTerra right away if you suspect unauthorized use. EquaTerra may suspend or terminate access for violations. EquaTerra takes reasonable security measures but cannot guarantee security over the internet. You share information at your own risk.
11) Assumption of Risk & Disclaimers (Fitness/Wellness)
EquaTerra’s programs and classes provide educational and informational content only. EquaTerra does not guarantee any outcomes (including fitness, health, mental health, or wellness results). You assume all risks from using the Materials.
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Medical Disclaimer: EquaTerra’s presenters, teachers, coaches, employees, contractors, agents, and/or others acting for EquaTerra do not provide medical or mental healthcare and do not replace care from your licensed healthcare provider. Never ignore or delay professional advice because of EquaTerra’s Materials. If you have or suspect a medical or mental health condition, contact your licensed medical provider promptly. Do not change medications or treatments without your provider’s advice. EquaTerra’s classes and programs are not a substitute for medical and/or mental health care from a licensed medical professional.
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No Warranties: EquaTerra provides the Materials “as is,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, accuracy, or reliability. EquaTerra does not warrant uninterrupted or error‑free access, or that content is free of harmful components.
Technology: Access may be unavailable or limited due to maintenance, backups, internet traffic, or failures. EquaTerra is not responsible for delays or interruptions.
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12) Indemnification
You agree to defend, indemnify, and hold harmless EquaTerra and our affiliates, officers, directors, employees, agents, contractors, successors, and assignees from any claims, damages, losses, costs, and expenses (including attorneys’ fees) arising from your use of the Materials or your breach of these Terms.
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If a class or program includes a guest teacher who is not affiliated with EquaTerra, you also agree to indemnify EquaTerra and our personnel for claims arising from that guest teacher’s performance or actions.
13) Limitation of Liability & Release
To the fullest extent permitted by law, EquaTerra will not be liable for any indirect, incidental, special, consequential, equitable, or punitive damages, or for lost profits, data, goodwill, or business interruption, arising from or related to your use of the Materials—even if EquaTerra knew of the possibility. You release EquaTerra from all such claims.
14) Your Conduct
Use the Materials lawfully and responsibly. You will not:
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Engage in fraud or unlawful activity;
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Post or transmit illegal, defamatory, obscene, abusive, invasive, or infringing content;
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Upload malware, spam, or other harmful code;
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Harass, bully, or abuse others;
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Impersonate others or misrepresent your affiliation; or
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Copy, reproduce, resell, or exploit the Materials except as these Terms allow.
We may remove any member who violates these Terms.
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16) Purchases & Online Commerce
When you purchase access to our programs or classes, you authorize EquaTerra (or our payment processors) to charge your selected payment method and to send you an electronic receipt. Our processors have their own terms and privacy policies—review them. Transactions are between you and the processor/merchant; we are not responsible for their policies or errors.
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You agree to purchase only for yourself or with proper consent for others. You are responsible for all charges made by you or anyone acting on your behalf. You agree to use the Materials for legitimate, non‑commercial purposes.
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Chargebacks: If you initiate or threaten a chargeback, we may report the incident to credit agencies or chargeback databases as allowed by law. To remove a listing, you must repay the chargeback amount.
16) Pricing, Plans & Changes
EquaTerra will quote specific prices for programs, classes, products, and services at the time of purchase. Prices are subject to change.
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17) Late Payments & Cancellations
If you fail to pay an amount due by the due date, EquaTerra may suspend or terminate access. If you withdraw from a program, you remain responsible for the full price under any payment plan.
Memberships (e.g., Unlimited Monthly or Mini Monthly) renew automatically. Cancel by emailing SHIRLEY@EQUATERRAWELLNESS.COM at least 7 days before the next billing date. EquaTerra does not provide prorated refunds for late cancellation notices.
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18) Refunds
All sales are final. We do not offer refunds for any program or class, including if you change your mind, cannot attend, or do not achieve your desired results. Programs and classes are non‑transferable.
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19) Dispute Resolution Procedure
EquaTerra aims to resolve concerns amicably. First, email SHIRLEY@EQUATERRAWELLNESS.COM with a detailed explanation of your concern.
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If EquaTerra cannot resolve the issue, either party may initiate binding arbitration before a single arbitrator under the American Arbitration Association rules before the American Arbitration Association. Arbitration must begin within one year after your initial email described above. Arbitration will take place in Cuyahoga County, OH. The prevailing party may recover reasonable attorneys’ fees and costs. The sole remedy available to you in arbitration is a refund of amounts you paid to EquaTerra to date. No other damages or remedies are available.
During any dispute, you agree not to publicly disparage EquaTerra or EquaTerra’s programs. This does not prevent you from making statements required by law or specifically for arbitration.
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20) Reverse Engineering
Do not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of any software, platform, or tools EquaTerra provides or uses.
21) Governing Law; Severability
State of Ohio law governs these Terms, without regard to conflict‑of‑laws rules. If any term is unenforceable, the rest remain in effect.
22) Contact
Questions? Email Shirley at EquaTerra Wellness.