THE SWAY ACADEMY AGREEMENT, WAIVER, AND RELEASE OF LIABILITY 

As additional consideration for receiving business coaching and other services from MARINA ALEX (the “Company”), I, the client, voluntarily enter into this SWAY System LLC Agreement and Waiver and Release of Liability (“Agreement”) with the Company and with MARINA ALEX. 

1. Office hours. All communication, including but not limited to calls, conferences, texts, and meetings will be Monday through Friday, between the hours of 9 AM to 5 PM; Eastern Standard time. No texts, calls, or communication is to be expected or guaranteed outside of these times. We may occasionally communicate with you outside of these times if we believe we are adding value to you. 
2. Assumption of Risks: I understand that participating in this Academy entails risks and challenges associated with an intensive program of personal and business development, including, by way of example, physical, mental or emotional distress that may accompany significant life changes. By signing this Agreement, I am freely and voluntarily assuming the risks arising from my participation in business coaching (including risks that cannot be foreseen at this time). I take full responsibility for my business’ health, my personal health and wellbeing, my actions and decisions, and my personal care during my Academy engagement and Thereafter. 
3. No Guaranteed Outcomes: I understand that SWAY System LLC outcomes can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the Academy process. Joining the Academy does not guarantee that I will take any specific action and does not offer any guarantee of success. As such, I understand that the Company makes no guarantee, representation or warranty of any nature or kind that this Academy will be effective or will result in any particular outcome. I agree that I will not hold the Company or MARINA ALEX responsible, in whole or in part, for any result that I do or do not achieve. 
4. Right to reschedule. I acknowledge that MARINA ALEX and her coaching team have the full right to reschedule any previously scheduled events due to circumstances outside of their control,including COVID-related restrictions, or acts of God. I acknowledge that MARINA ALEX has the obligation to fulfill no less than 3 months of coaching when circumstances allow. No refunds will be given for any rescheduling or delays. 

5. Waiver and Release of Liability: On my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators, and representatives, I hereby WAIVE, RELEASE, AND FOREVER DISCHARGE the Company, MARINA ALEX in his individual capacity, and each of the Company’s Authorized Coaches and principles, shareholders, officers, directors, employees, agents, successors, beneficiaries, and assigns (collectively, “SWAY System LLC”) from and against any and all claims, demands, losses, liabilities, damages, and causes of action of any nature or kind that I have or may in the future have arising out of or in connection with my participation in the Academy or any other educational programs or services or any advice, information, suggestion, or recommendation that I receive in connection therewith, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages, and causes of action are referred to collectively herein as the “Released Claims”). 

6. Agreement Not to Sue: Indemnity. In addition, on my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, I covenant and agree that (i) I will not institute or attempt to institute any legal action, arbitration, demand or proceeding against any member of SWAY System LLC, SWAY SYSTEM or MARINA ALEX based upon any Released Claim, and (ii) I will indemnify, defend and hold harmless SWAY System LLC and MARINA ALEX and each of them from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of my obligations under this Agreement. 
7. Confidentiality and Non-Disclosure Agreement: I agree to preserve the sanctity and safety of any group coaching, any ideas, intellectual property or statements shared by other members, any processes in which I participate bymaintaining the confidentiality of all information communicated by other Academy clients during group Academy sessions. I agree not to disclose any teleconference bridge numbers or other access codes to any third party. To provide me with the highest quality of service, I understand that MARINA ALEX may discuss and receive coaching on certain topics anonymously and hypothetically with other coaches within SWAY System LLC. 

8. Intellectual Property: To honor and protect the Company’s intellectual property, I agree not to disclose, reproduce or distribute the Academy’s written materials, techniques, or methods to any third party without MARINA ALEX’S prior written consent. I understand that the Company’s written and recorded materials are protected by United States intellectual property laws and I agree not to copy, reproduce or distribute any such materials for any reason without the Company’s prior written consent. 
9. Payment, Cancellation, and Refund Policy: By enrolling in SWAY System LLC, I acknowledge that I am committing to the full program and the total membership investment. I acknowledge that, if paying by payment plan, all payments must be current in order to attend any coaching or events. If paying in 1 (one) full payment, all payments are required prior to any coaching or events. If I cannot attend any part or parts of the Academy, I understand full payment is still required. I acknowledge that no refunds, discounts or prorated fee will be provided in the event of my failure to attend any scheduled session. In addition, I acknowledge that no one person, team member/co-owner, or significant other can replace myself at SWAY System LLC. This includes but is not exclusive of; calls, virtual events, meetings, etc. Refund Policy: No refunds of any kind will be given under any circumstances unless WRITTEN arrangements were agreed upon beforehand.

10. Termination: I understand that I am free to terminate my Academy engagement at any time. HOWEVER, I will not receive a refund for outstanding or pre-paid sessions, except for in the circumstances outlined in the Payment, Cancellation, and Refund Policy. I also understand that I am still liable for completing the full payment of the Academy as I have taken a paidspot from someone else. There will be no pro-rated refunds or cancelations of upcoming payments. Academy sessions are nontransferable. I understand that the terms of this Agreement shall survive the termination of my Academy engagement. 

11. Dispute Resolution: Limitation of Liability. In the unlikely event of a dispute arising from or relating to my Academy engagement or this Agreement, the dispute shall be settled by binding arbitration, which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs. I agree that if any member of Sway System LLC is found liable for any loss or damage, then to the fullest extent permitted by law, the aggregate collective liability of Sway System LLC shall be limited to a refund of amounts I have paid to the Company for services under this Agreement. 

12. Miscellaneous: This Agreement shall be governed by the laws of the State of Tennessee without regard to its conflicts of laws provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and my heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators, and representatives. Each member of SWAY System LLC is an express third-party beneficiary of this Agreement, fully entitled to enforce his or her rights hereunder. No amendment, change or modification to this Agreement shall be valid unless it is in a writing signed by both parties.