Terms and conditions

Terms of Sale

Definitions
1. We, our, us mean Sparkes Wellness LLC.
2. You, your mean the purchaser of the products, services, courses, events, and/or workshops from Sparkes Wellness LLC.
3. This is a contract between us and you.
4. "Lifetime Access" means ongoing and complete access to the course, membership and community for the life of the program, not for your life or the life of Elyse Sparkes. This is ongoing access at no additional charge until the course is no longer offered, at which time all members will be given ample notice before the program is closed. Any future closure of the program or community in the future does not affect the refund policy and does not entitle members to any form of refund.
Payments
1. All payments are processed via Stripe.
2. All payments must be received in full prior to access to product or service.
3. Stripe retains your payment details and credentials securely for processing payment plans automatically.
4. Prices advertised on the website are in US Dollars unless otherwise noted.
5. Payments permit one (1) person only to access to the purchased course, event or resource, except where explicitly stated such as Partner Stretch Workshop.
6. All third-parties including, but not limited to, family members, friends, business partners, colleagues, assistants and your clients, must purchase their own access.
Refunds
1. Digital Courses are eligible for refund up to 3 days after start of course. A refund request needs to be sent via writing to elyse@elysesparkes.com. You must demonstrate that you have participated in the Course by accessing course content and/or joining the Facebook community before requesting a cancellation of your course membership and refund. We may request the submission of completed worksheets, activities and exercises in considering your refund request. A change of mind does not constitute a valid reason for cancellation and request for refund. In considering your refund we may also charge an admin fee at our discretion.
2. Membership Courses such as The Workout Library, are not eligible for refund. You may cancel your membership at anytime. You will have access to the membership through your payment period (monthly or yearly) and then your membership will not be renewed.
3. Live Training Programs and Coaching are not eligible for refund after the training begins.
4. Events and Workshops are not eligible for refunds, but completely transferable. If you require your ticket to be transferred to someone else, please email their full name and email address to elyse@elysesparkes.com no less than 3 working days prior to the event.
5. Sparkes Wellness LLC is not responsible for merchandise purchased through Teespring.com. All payment processing, refunds, exchanges, customer service requests are to be done through Teespring.com
6. No refunds for private sessions.
Course Privacy Policy
1. Course links and purchases made on BeKindBodyMind.com are subject to the Sparkes Wellness LLC Privacy Policy and Terms of Service listed at www.elysesparkes.com/terms.
2. To use certain features of Courses and Programs, you will need a username and password, which you will receive through our registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
1:1 Training Policies
1. You are partaking in all exercise recommendations at your own risk. Nothing in session is meant to diagnose or treat any illness, disease, or any other physical or mental disorder, injury, or condition.
  
  2. You will inform Elyse and Sparkes Wellness LLC about your state of health, and you will transmit any recommendations and restrictions on the part of your medical doctor or therapist insofar as this coaching is concerned.
  
  3. You understand that you are responsible for scheduling your own sessions.
  
  4. You understand that if a session needs to be rescheduled, it may be rescheduled up to 24 hours prior to the session and must be redeemed within the 4 week payment cycle. I understand that a session may only be rescheduled one time.
  
  5. You understand that if you choose to end the session early for any reason, you will forfeit the remaining time of the session and will not be able to reschedule that session.
  
  6. You understand that if you cancel within the 24 hour time period prior to a session, the session can no longer be redeemed.
  
  7. If you are running late you will contact Elyse and Sparkes Wellness LLC as soon as possible to let her know. If you are over 15 minutes late, without letting Elyse and Sparkes Wellness LLC know, the session will be forfeited.
  
  8. If you purchase a single session and cancel within 24 hours, you will forfeit the session.
  
  9. You understand that you can terminate the payments at any time, however there are no refunds.
  
  10. You understand that results vary greatly person to person and no specific results are guaranteed. You will put %100 into your sessions.
  
  11. If you are uncomfortable, would like to focus on a new type of movement, or any part of the training is not going as desired, you will immediately communicate that to Elyse and Sparkes Wellness LLC so that action can be taken to remedy the situation.
  
  12. You understand that Elyse and Sparkes Wellness LLC offers unlimited email between sessions and will respond to email requests within 48 hours unless otherwise communicated.
Membership, Course Access & Training
1. Upon purchase of a course or membership you will be granted access to the applicable membership site and course purchased.
2. If you cancel or deactivate your account with Elyse Sparkes or with Simplero.com your access to the courses and membership sites will be deactivated and removed.
3. You will need to re-purchase to reactivate any lost data following a self-deactivation of your account.
4. On all live trainings, the membership sites and in any membership calls or communities, you will conduct yourself with respect, kindness, and compassion to others at all times.
5. Any bullying, racism, and inappropriate comments or behavior will be considered a breach of these terms. In such an event, your access to the course and communities will be terminated immediately without refund. Determining behavior is at the discretion of Elyse Sparkes, Sparkes Wellness LLC, and any staff or agent of BeKindBodyMind.com
6. Live training may involve recording of the video where your name, face, voice and comments can be seen by other course members - present and future. If you do not wish to be visible in recordings, please write your request to elyse@elysesparkes.com.
7. Comments, images and posts shared into any Membership groups and communities may be accessible by all students of the course - past, present and future - please keep this in mind before sharing. You are welcome to remove any of your posts, videos and images from the group as you wish.
8. In addition to these terms, other terms and conditions may apply to any participants joining a Facebook Group hosted by Elyse Sparkes, Sparkes Wellness LLC or BeKindBodyMind.com. Please review the group guidelines prior to entry.
9. You are not permitted to share your course login details or membership site details with another person.
10. You are not permitted to allow another person to watch the course content, read the course material, or access any events. The third party must purchase their own access.
11. Sparkes Wellness LLC reserves the right to amend or update the course, program or special offer details and inclusions at any time, and without notice.
Copyright and IP
1. All designs, resources, media and content presented on any of the websites owned by Elyse Sparkes are copyright to Elyse Sparkes, Sparkes Wellness LLC. These sites include:
  1. elysesparkes.com
  2. bekindbodymind.com
  3. elysesparkes.simplero.com
  4. as well as any subdomains such as journal.elysesparkes.com, stretchbreak.elysesparkes.com, etc.
2. At no time can any of the images, resources, videos, concepts or content be shared, copied, embedded or resold without the express written consent from Elyse Sparkes.
Disclaimer
1. The information provided in or through our Website, Courses, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or allied health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy. Sparkes Wellness LLC is not providing health care, medical or nutritional therapy services or attempting to prevent, diagnose, treat or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition.
2. You agree to fully disclose to us in writing any specific health situation and physical or mental health issues including but not limited to possible or actual pregnancy, inflammatory joint conditions, prior or existing injury, chronic pain, diabetes, high blood pressure, heart or lung conditions, or any medications, herbs or supplements you are currently taking prior to the start of using any aspect of our Website, Courses, Programs, Products or Services, whether provided by us or affiliated with us.
3. You understand that given the nature of the services and products provided by Elyse Sparkes, Sparkes Wellness LLC, the results experienced by every client will differ.
Contact
1. If you have any questions or concerns about the terms of sale or the product or course you are looking to purchase, please email elyse@elysesparkes.com to resolve your questions prior to purchase.

Legal stuff done, now let's get moving!