[[ Terms & Conditions ]]

Effective date: [[ January 1st, 2024 ]]

 This Program Agreement (“Agreement”) is entered into by and between you (“Client” / “I” / “You”/ ”Your”) and Melinda Makes Change LLC (The Rooted Firm) (“Coach” / “We” / “Us” / “Our”), a California limited liability company with an address of 468 N. Camden Dr, Suite 5531 Beverly Hills, CA  (collectively, “Parties”). The Agreement is entered into and is made effective as of the date the program payment is made, and shall remain in effect until the ‘Call In Experience Program’ is completed.

Mental & Financial Health

I consent that I am in good physical health and of sound mind, and do not suffer from any condition that would hinder my participation in any activity at Melinda Makes Change LLC (The Rooted Firm). These Activities include, but are not limited to, classes, retreats, ceremonies, digital workshops, and other various activities. I understand that my participation in all offerings held by Melinda Makes Change LLC (The Rooted Firm), and its colleagues, contractors, and/or employees are not for any personal medical concerns, or legal concerns and my participation in all offerings held by Melinda Makes Change LLC (The Rooted Firm), and its colleagues, contractors, and/or employees are not under the care of a medical professional. I further represent and warrant that I can financially afford the Program Fee stated on the checkout page and that paying it in a timely fashion does not present an undue financial burden for me.

Not a Substitute for Medical Treatment or Professional Advice

I acknowledge that Melinda Makes Change LLC (The Rooted Firm) does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that any coaching received, whether in an individual or group setting, is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by medical, legal, or other qualified professionals, and that it is my exclusive responsibility to seek such independent professional guidance as needed. If I am currently under the care of a mental health professional, it is recommended by Melinda Makes Change LLC (The Rooted Firm) that I promptly confer with my mental health care provider of the nature and extent of the coaching relationship being entered into via this Agreement. Melinda Makes Change LLC (The Rooted Firm) and it’s employees, instructors, or contractors are not trained in diagnosing psychological or medical conditions; therefore, if any issues arise during the term of this Agreement that should be addressed by a licensed therapist or physician, I agree to immediately attend to my health by contacting the appropriate professional.

Release of Liability

I release any liability to sue Melinda Jackson, Melinda Makes Change LLC (TThe Rooted Firm) , it’s employees, instructors, or contractors. My participation in all activities, is confirmation that I am fully responsible for any and all risks, injuries or damages known or unknown without limitation. I hereby release my image should photos be taken in group activities that may later appear on future media, for websites, social, or any press purposes.

By signing this release, paying the requested program/coaching fee, responding to this email, showing up for the digital or in person workshop/coaching sessions with Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) and its affiliates, contractors and/or employees, I acknowledge that I have read and completely understand the terms of the release, that I am legally of sound mind, and voluntarily agree to the terms and conditions stated above.

Cancellation Policy

All changes/cancellations are SOLELY at the discretion of Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm). Programs that are not eligible for refunds will have a statement on the sales or checkout page specifying the refund policy for that program/offer. Thank you for your understanding!

By engaging in any of our offerings including programs, private coaching, group coaching, digital workshops, retreats and any practice offered by Melinda Jackson or Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) you agree to our Terms & Conditions and Terms of Use.

Responsibility of Client.

I acknowledge that I (Client) am solely responsible for creating, implementing and maintaining my own physical, mental, spiritual and emotional well-being, decisions, choices, and actions, including those that arise out of or in any way relate to or result from the The Rooted Firm relationship. As such, the I agree that Melinda Makes Change LLC (The Rooted Firm) is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any programming related services or coaching services provided by Melinda Makes Change LLC (The Rooted Firm). I understand that group coaching, and The Rooted Firm is not therapy and does not substitute for therapy if needed, and that coaching does not prevent, cure, or treat any mental disorder or medical disease.

I acknowledge that The Rooted Firm programs, one on one sessions and subsequent coaching/advising is a comprehensive process that may involve examination and work, in a group setting, on different areas of my life, including but not limited to my business or employment; physical, mental and emotional state; health and wellness; finances; relationships; education; family and family history; spirituality; recreation; and more. I agree that the ultimate decision as to the areas being discussed with Coach and/or the group, as well as the decision on how I will handle any issues discussed during the group sessions and/or incorporate the principles learned during the The Rooted Firm programs or one on one sessions is exclusively my responsibility.

In an effort to get the most out of The Rooted Firm programs and 1 on 1 sessions, I certify that I am motivated and committed to taking action on my determined personal and professional goals. I realize and acknowledge that anything less than my full, complete and intentional participation in the The Rooted Firm programs and 1 on 1 sessions– including but not limited to attending the Sessions as scheduled, participation in individual and group exercises, completion of any “homework,” and implementation of discoveries achieved during the Sessions – will not lead to any success.

I hereby expressly accept full and complete responsibility for my self, personal and business development, health, financial situation, and any actions I may take as a result of the ‘The Rooted Firm programs and 1 on 1 sessions

Program Creator’s Responsibility

Melinda Jackson, Melinda Makes Change LLC (The Rooted Firm), and its affiliates, contractors and/or employees are fully committed to supporting You (Client) in achieving Your desired outcomes and having each session be meaningful and productive. We hereby agree to conduct ourselves in a professional and ethical manner

Scope of Services – ‘The Rooted Firm programs and 1 on 1 sessions’

The Rooted Firm programs and 1 on 1 sessions (hereinafter referred to as the “Services”, “Group Coaching Sessions” or the “Program”) will begin on the date indicated in the Welcome E-mail sent after the agreed upon payment is made.

I acknowledge and agree to take part in this developing program is a cooperative process between myself and Melinda Makes Change LLC (The Rooted Firm). I agree to participate and provide Melinda Makes Change LLC (The Rooted Firm) with feedback, and Melinda Makes Change LLC (The Rooted Firm) agrees to listen to my questions, concerns and suggestions for improving the program experience.

Program Fees and Payment The Program Fee for all ‘The Rooted Firm programs and 1 on 1 sessions’ Program is as noted on the Stripe or Kajabi checkout page.

Recurring Credit Card Payments If I elect to make recurring payments via credit card, Melinda Makes Change LLC (The Rooted Firm programs and 1 on 1 sessions) may auto-charge my credit card on file according to the payment schedule corresponding to the payment plan selected during checkout.

Refund Policy The fees charged under this Agreement represent the work performed by Melinda Makes Change LLC (The Rooted Firm ) to analyze Client’s situation, onboard Client into the program, the foregoing of Melinda Makes Change LLC (The Rooted Firm)’s ability to work with other clients, and the work performed by Melinda Makes Change LLC (The Rooted Firm) with Client during the course of the Program. As a result, the Program Fees charged for 1 on 1 sessions as well as some group programs under this Agreement are considered non-refundable. Partial refunds, if requested by Client for good cause a minimum of 48 hours prior to the commencement of the Program or one on one consulting session, may be given at Melinda Makes Change LLC (The Rooted Firm)’s sole discretion, subject to an administrative and cancellation fee of 15% of the fees already paid. Client can also elect to receive a credit of fees already paid for participation in a future Program cohort only if there is availability and SOLELY at the discretion of Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm). No refunds will be given for any Rooted Firm program or class where instant access to program materials is granted after 48 hours or more than 25% program completion

Keeping Appointments

Client is encouraged to attend all Program Sessions, as lack of attendance may negatively impact Client’s results.

Client Tardiness and Missed Appointments.

Client acknowledges and understands that he/she/they is signing up for a Group Program and/or one on one consultation and as such, sessions can be re-scheduled or made up by Client no more than 2 times before cancellation of services without a refund. If Client is late for or misses a Session, re-scheduling will be offered no more than twice before client forfeits fees payed and the ability to be retained as a Rooted Firm client or schedule future services.

If Melinda Jackson, Melinda Makes Change LLC (The Rooted Firm) needs to reschedule a session, We will give Client no less than 24 hours’ notice, unless an emergency or illness occurs barring such notice.

Communications

In order to enhance the program participant relationship, I agree to communicate honestly, remain open to feedback and assistance, and to create the time and energy to participate fully in the program, including attending Program Sessions, completing any “homework” and reading assigned, daily reflections and implementing suggestions where appropriate.

No Assignment The Services contemplated hereunder are personal to the Parties, and neither Party shall have the right or ability to assign, sell, transfer, delegate, subcontract, or otherwise dispose of any rights or obligations hereunder and/or assign same to any third party without the prior written consent of the other Party. Any attempt to do so shall be null void.

WARRANTY

Melinda Makes Change LLC (The Rooted Firm) MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY GOODS AND/OR SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. Melinda Makes Change LLC (The Rooted Firm) EXPRESSLY DISCLAIMS THE FOREGOING AND ANY OTHER WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHICH ARE PROVIDED AS IS, AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY GIVEN BY Melinda Makes Change LLC (The Rooted Firm). By paying the requested program/coaching fee, responding to this email, showing up for the digital or in person workshop/coaching sessions with Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) and its affiliates, contractors and/or employees, I acknowledge that Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) neither owns nor governs the actions of any third party, person, entity, platform, search engine, software, program, or system, and Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) therefore makes no warranties in connection therewith. I also acknowledges that, due to factors and conditions beyond Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm)’s control, including but not limited to acts of god, the actions of the Client and any of its customers, partners, employees, agents and/or representatives, the actions of third parties, and other conditions and circumstances beyond Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm)’s control, it is impossible for Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) to guarantee any specific results. Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) therefore does not guarantee and makes no warranties that the services provided hereunder will meet any specific intended results.

If applicable, Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) will pass along to the Client any third-party warranties relating to any goods purchased by Client hereunder. ALL OTHER WARRANTIES ARE EXCLUDED INCLUDING, WITHOUT LIMITATION, EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.

Limitation of Liability

I hereby agree that, unless the result of Melinda Makes Change LLC (The Rooted Firm)’s willful or intentional misconduct, Melinda Makes Change LLC (The Rooted Firm)’s total liability to me for any and all injuries, claims losses, expenses or damages, arising out of or in any way related to the Services and/or this Agreement, from any cause or causes, including but not limited to Melinda Makes Change LLC (The Rooted Firm) negligence, errors, omissions, strict liability, breach of contract or breach of warranty (hereafter "Client’s claims"), shall not exceed the sum of the amount of fees paid to Melinda Makes Change LLC (The Rooted Firm) by Client (myself) under this Agreement.

Release and Indemnification I agree to release, indemnify and hold Melinda Jackson, Melinda Makes Change LLC (The Rooted Firm), and its affiliates, contractors and/or employees harmless, to the fullest extent permitted by law, from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against Melinda Jackson, Melinda Makes Change LLC (The Rooted Firm), and its affiliates, contractors and/or employees, to the extent that such losses or damages were caused by any act, failure to act, error, omission, breach of contract, or negligence of myself and/or its employees, agents, contractors, subcontractors or representatives, in connection with this Program Agreement and/or the work performed hereunder. In all claims for Indemnity under this paragraph, My obligation shall be calculated on a comparative basis of fault and responsibility. I shall not be obligated to indemnify Melinda Jackson and Melinda Makes Change LLC (The Rooted Firm) and its affiliates, contractors and/or employees for claims, losses, expenses, or damages resulting from Coach’s own negligence.

Intellectual Property

Any and all Intellectual Property owned by Melinda Makes Change LLC (The Rooted Firm) , including any trademarks, trade secrets, patents and copyrights, whether appearing on Melinda Makes Change LLC (The Rooted Firm)’s website, in materials made available to Client during the Program, or elsewhere, shall at all times constitute Melinda Makes Change LLC (The Rooted Firm)’s Intellectual Property. Except in circumstances expressly authorized in a written agreement, no such Intellectual Property, including any material(s) transmitted as part of the Services rendered pursuant to this Agreement, may not be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted by Client to any third party in any way whatsoever without the express, written consent of Melinda Makes Change LLC (The Rooted Firm).

Copyright

Any and all content on any Website(s), social media pages, groups, profiles, emails, as well as content transmitted with and/or as part of Melinda Makes Change LLC (The Rooted Firm) products and/or Services or through any other channels, online or offline, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation, collection, assembly and arrangement thereof are protected under U.S. and international copyright laws, and unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, and any other means of dissemination without our express written consent, is prohibited by law.

Trademarks

Melinda Makes Change LLC (The Rooted Firm)’s business, product and service names, page headers, logos, slogans, taglines, product names, and similar brand identifiers are trademarks, trade dresses and service marks owned by Melinda Makes Change LLC (The Rooted Firm). As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of Melinda Makes Change LLC (The Rooted Firm) is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.

Nothing in this document or the rendition of Services pursuant to this Agreement, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Melinda Makes Change LLC (The Rooted Firm) or any of its partners, sponsors, parents, subsidiaries, and affiliates.

During the coaching process, Client may also be assigned materials and content that are copyrighted by other authors or creators. Please note that these are for Your personal, non-commercial use only and may not be copied, sold, distributed, displayed, broadcasted, reproduced, republished, uploaded, posted, transmitted, or otherwise shared in any form, printed or electronic, with any third party in any way whatsoever without their express, written consent.

Confidentiality

All communications with Melinda Makes Change LLC (The Rooted Firm), will be treated by the aforementioned party as confidential, unless you give Melinda Makes Change LLC (The Rooted Firm) express permission to disclose specific information. Notwithstanding the foregoing, Client understands and acknowledges that participation in the Program may involve the sharing of information with other participants of the Program. As Melinda Makes Change LLC (The Rooted Firm) cannot control of the actions of other participants, Melinda Makes Change LLC (The Rooted Firm) cannot guarantee that information shared in any Program Session will be treated as confidential by all participants in attendance. Accordingly, Client hereby agrees to release and hold Melinda Makes Change LLC (The Rooted Firm) harmless from any claims, losses, injuries, damages, and expenses of any kind that may result from the disclosure of information shared by Client during any Program Sessions by any participant of the Program. Additionally, in the event that there is evidence that Client is a potential danger to himself/herself/their self or another, or in the event that Client discloses illegal activity, Melinda Makes Change LLC (The Rooted Firm) is ethically bound to report same to the appropriate authority. In such case, Melinda Makes Change LLC (The Rooted Firm) will discuss same with Client prior to taking such action.

Client also acknowledges that, in connection with this Agreement, Client may be furnished with, or given access to, certain confidential and/or proprietary information, and that such information shall not be disclosed to any third party, and shall not be used for purposes other than those contemplated by this Agreement.

Confidential Information may include, but is not limited to, the following: ****a) any materials regardless of form furnished by either Party or any participant of the Program to any other Party for use; b) all communications and information shared between Client, Melinda Makes Change LLC (The Rooted Firm) or any participant of the Program while this Agreement is in effect; c) any information furnished by any party or any participant of the Program, stamped “confidential,” “proprietary,” or with a similar legend, or any information that any party or any participant of the Program makes similar reasonable efforts to maintain secret; d) any business or marketing plans, strategies, customer lists, operating procedures, formulas, know-how, processes, programs, software, inventories, discoveries, improvements, sales projections, strategies, pricing information; and other confidential trade secrets, data and knowledge of either party or any participant of the Program; e) any non-public inventions and technical information, the rights to which have not been assigned to the party receiving the information; and other proprietary information owned by either party or any participant of the Program, (collectively “Confidential Information”), which are valuable, special and unique assets of that party.

Neither Client nor Melinda Makes Change LLC (The Rooted Firm) will disclose or use, either during or after the term of this Agreement, in any manner, directly or indirectly, any such Confidential Information of the other party, for their own benefit. Neither party will use, share, divulge, disclose or communicate in any manner whatsoever any Confidential Information to any third party without the prior written consent of the other party, except to the extent required by law or permitted under this Agreement. Both parties will protect all Confidential Information of the other party and all other participants of the Program and will treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.

Notwithstanding anything in this Agreement to the contrary, Client acknowledges that it is impossible to protect the confidentiality of information transmitted electronically via e-mail, mobile phones or similar telecommunication and computer equipment, as well as any information stored on computers connected to the Internet. Therefore, Client waives any action, legal or otherwise, against Melinda Makes Change LLC (The Rooted Firm) and holds Melinda Makes Change LLC (The Rooted Firm) harmless for any interception of Client information resulting from the use of the above-mentioned equipment.

If either party to this Agreement discloses or threatens to disclose the other party’s Confidential Information in violation of this Agreement, the party whose information is at issue will suffer irreparable damage and shall be entitled to an award by any court of competent jurisdiction of a temporary restraining order and/or preliminary injunction to restrain the other party from such unauthorized use or disclosure, in whole or in part, of such Confidential Information, without the need to post a bond, and/or from providing services to any party to whom such information has been disclosed or may be disclosed.

The infringing party further agrees to reimburse the party whose information has been disclosed for any loss or expense incurred as a result of the infringement, including but not limited to court costs and reasonable attorney fees incurred by the Disclosing Party in enforcing the provisions of this Agreement, in addition to any other damages which may be proven. The parties shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

Notices

All notices and other communications required or permitted under this Agreement shall be in writing, and shall be deemed delivered when sent by e-mail to the e-mail address of the party to be noticed as set forth on the signature page of this Agreement, or to such other e-mail address as such party last provided to the other by written notice confirming to the requirements of this paragraph.

Entire Agreement

This Agreement, together with all attachments and documents incorporated by reference herein, constitute the entire agreement between the parties, represent the final expression of the parties’ intent, contain all the terms and conditions that the parties agreed to relating to the subject matter, and replaces and supersedes all prior discussions, understandings, agreements, negotiations and any and all prior written agreements between the parties. Any subsequent changes to the terms of this Agreement may be amended or waived only with the written consent of both parties, and shall be effective upon being signed, or acknowledged by email by both parties.

Severability

If any provision of this Agreement is declared by any court of competent jurisdiction to be illegal, void, unenforceable or invalid for any reason under applicable law, the remaining parts of this Agreement shall remain in full force and effect, and shall continue to be valid and enforceable. If a court finds that an unenforceable portion of this Agreement may be made enforceable by limiting such provision, then such provision shall be deemed written, construed and enforced as so limited.

Survival

All provisions that logically ought to survive termination of this Agreement, including but not limited to applicable Warranties, Limitation of Liability, Indemnity, Choice of Law, Forum Selection, and Confidentiality provisions, shall survive the expiration or termination of this Agreement.

No Waiver

The failure of any party to insist upon strict compliance with any of the terms, covenants, duties, agreements or conditions set forth in this Agreement, or to exercise any right or remedy arising from a breach thereof, shall not be deemed to constitute waiver of any such terms, covenants, duties, agreements or conditions, or any breach thereof.

Acknowledgement of Terms

Each party acknowledges that they a) have read this agreement; b) understand the terms of this agreement; c) have consulted or had the opportunity to consult with independent legal counsel in connection with this agreement if they so choose; and d) have entered into this agreement voluntarily.

Force Majeure

Either party shall be excused from any delay or failure of performance required hereunder if caused by reason of a Force Majeure Event as defined herein, as long as the nonperforming party complies with its obligations as set forth below.

For purposes of this Agreement, “Force Majeure Event” means any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within the reasonable control of, the nonperforming party, and b) prevents the nonperforming party from its obligations under this agreement. Such events may include, but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, ordinances or regulations; epidemics, pandemics and disease outbreaks; strikes, lock-outs or other labor disputes; riots; explosions; technical and electrical outages; failure of technology; and hurricanes, earthquakes, floods, landslides, and other acts of nature.

The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations under this Agreement shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this agreement upon ten (10) days’ prior written notice to the other party.

Upon occurrence of a Force Majeure Event, the nonperforming party shall do all of the following: a) immediately make all reasonable efforts to comply with its obligations under this Agreement; b) promptly notify the other party of the Force Majeure Event; c) advise the other party of the effect on its performance; d) advise the other party of the estimated duration of the delay; e) provide the other party with reasonable updates; and f) use reasonable efforts to limit damages to the other party and to resume its performance under this Agreement.

Arbitration

The parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, and each party hereby consents to any such disputes being so resolved. Judgment on the award so rendered in any such arbitration may be entered in any court having jurisdiction thereof.

Choice of Law

This Agreement shall be governed and construed in accordance with the laws of the State of California, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California, excluding that State’s choice-of-law principles.

Choice of Forum

The parties hereby agree that all demands, claims, actions, causes of action, suits, proceedings, including arbitration, to the extent permitted under this Agreement and arising out of same, shall be filed, initiated, and conducted in the State of California.

Attorney Fees

In the event that any arbitration, suit or action is instituted to resolve a dispute pertaining to matters covered under this Agreement, or enforce any provision thereof, the prevailing party in any such dispute or proceeding shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, all reasonable fees and expenses of attorneys and accountants, court costs, and expenses of any appeals.

Headings Not Controlling

Headings used in this Agreement are for reference purposes only and shall not be used to modify the meaning of the terms and conditions of this Agreement.

Counterparts

The parties agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed one and the same Agreement. The parties further agree that facsimile signatures and e-signatures carry the same weight and effect as traditional paper documents and handwritten signatures.