By using this website, you agree to the following Terms of Service:
This Consultation Agreement is made and entered by you, a client or prospective client when phoning, booking, or engaging consultants using the Yuen Method®, Metodo Yuen™ or Delete on the Spot™ practices developed by Morgan Marlon, LLC, a California limited liability company, (“MM”). (Yuen Method® is a registered trademark and Metodo Yuen™ and Delete on the Spot™ are trademarks owned by MM.)
Please read carefully the following terms and conditions relating to your participation in and access to any Yuen Method®, Metodo Yuen™ or Delete on the Spot™ consultation (“Consultation”) by anyone certified by MM as a Consultant. In exchange for your being allowed to participate in any Consultation, you, and if you have not yet reached the age of majority, your parent or legal guardian (individually and collectively referred to below as “you” or “your”) agree to be bound by all of the following terms and conditions. IF YOU HAVE ANY OBJECTION TO OR DO NOT WISH TO BE BOUND BY THE FOLLOWING TERMS OR CONDITIONS, YOU SHOULD NOT PARTICIPATE IN ANY CONSULTATION.
1. The Methods. The information you receive in any Consultation is educational and provided only as general information. By engaging in any Consultation, you understand that you may receive or be introduced to energy techniques and methods (the “Methods”) which are experimental.
2. What are the Methods not intended for? The Methods are not a treatment and do not provide you with any medical, financial or other professional counseling advice and are not intended as a substitute for the advice and/or supervision of professional services, consultation or supervision you may need. You understand you are not being treated. The Methods are not used to diagnose, treat, cure, or prevent any disease or psychological disorder. The Methods are not a substitute for medical or psychological treatment. Any Consultation does not replace the services of any health care providers or professionals. You agree to consult with your health care providers for any of your medical, physical or psychological problems or issues. You understand and agree that any information you receive from any Consultant is not a recommendation that you stop or otherwise alter seeing any of your health care professionals or using any prescribed medication, without the consultation of your health care professional.
3. Identification of Risks; Consultants are not agents of MM. You understand that during a Consultation, emotional or physical sensations, medical issues, unresolved memories or psychological issues may surface which could be perceived by you or others as negative side effects, and may continue to surface, indicating other issues you may need to address. A Consultation may involve risk of injury to you. You assume and accept full responsibility associated with each of the Methods. You understand that your waiver and release of liability is intended to address all of the risks of any kind associated with any Consultation or afterwards, including such risks created by any action, omission, and/or negligence of Consultant or MM. Every MM certified Consultant is an independent contractor and is not an employee or agent of MM or of Dr. Kam Yuen. No Consultant has the right or authority to assume or create any obligation or duty or to make any representation, warranty, agreement or commitment on behalf of MM or Dr. Kam Yuen, whether express or implied.
4. Release and Waiver and Limitation of Liability. You hereby release MM and its directors, officers, employees, members, agents, teachers, volunteers, successors, and assigns from all liability for and waive all claims for injury, loss, or damage, including attorneys' fees, connected with your participation in any Consultation or the use of any of the Methods (a “Claim”), whether or not caused in whole or part by the negligence or other misconduct of MM or Consultant. NONE OF MM, DR. KAM YUEN OR CONSULTANT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
5. Assumption of Risk. Neither MM nor its certified Consultants knows how you will respond and are not responsible for helping you with any problem, including, but not limited to, those pertaining to your medical, psychological, financial, physical, or personal relationships. You assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with your participation in any Consultation. You accept personal responsibility for any liability, injury, loss, or damage connected with your participation in any Consultation and in your use or the use by any Consultant of any Methods.
6. Binding Effect. These terms and conditions are and shall be binding upon you, your personal representatives, heirs, and beneficiaries, and shall inure to the benefit of Consultant and MM and each of his, her or its successors and assigns. You do not have the right to assign any of your rights under this Consultation Agreement to any person or entity.
7. Severability. If any term or provision of this Consultation Agreement or the application thereof to any person or circumstances shall to any extent or for any reason be invalid or unenforceable, the remainder of these terms and conditions and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision herein shall be valid and enforced to the fullest extent permitted by law.
8. Arbitration, Jurisdiction and Venue. Any dispute arising out of the terms of this Consultation Agreement, or the interpretation, breach or enforcement of this Consultation Agreement between you, on the one hand, and Consultant or MM, on the other hand, shall be submitted to binding arbitration. By agreeing to arbitration, you understand that you are waiving the right to a trial by a judge or a jury. All such arbitrations shall be held in the City of Los Angeles, California, USA, before a neutral arbitrator provided by ADR Services, Inc. in Los Angeles, California, USA. If you decide to arbitrate a Claim, you must notify Consultant and MM in writing. Your notice to MM must be sent to Robert N. Conrad, Esq., 1901 Avenue of the Stars, #1100, Los Angeles, California 90067, USA, legal counsel for MM, or such other address as MM may hereafter notify you.
9. Class Action Waiver. If either you, your representative, Consultant or MM arbitrate a Claim, none will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than the foregoing.
10. Choice of Law. You agree that this Consultation Agreement shall be governed by and enforceable and interpreted under the laws of the State of California, USA, without regard to choice of law or conflict of laws principles, and shall also be governed by and enforceable and interpreted under the laws of the United States of America (“USA”) where federal law is applicable.