General Information

Welcome to Catherine Guimard’s (“we”, “us”, “our”) official website (the “website” or “site”). These Terms of Service (these “Terms”) describe the terms and conditions of how we supply content, products and services to you (“You” and, where applicable, “Your”) through our website, apps, and other digital and online services (collectively, the “Services”). By using the Services, you agree that your use of the Services, and the data we receive from you and relating to you in connection with the Services, is governed by these Terms of Service and our Privacy Policy.

You may also be asked to click “I accept” at the appropriate place prior to your purchase access of the Services. At such time, if you do not click “I accept”, you may not be able to complete your purchase or gain access to the Services. 

In order to participate in certain Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

If you are agreeing to these Terms on behalf of a company or other legal entity, you hereby represent that you have the authority to bind such entity to these Terms, in which case the term “You” shall be construed to refer to such entity.  You further acknowledge that You will be responsible for ensuring the compliance with these Terms of all individuals using the Services on your behalf, and that any actions by such individuals in connection with the Services will be treated as Your actions for purposes of these Terms.

We reserve the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.catherineguimard.com . Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as messages within the Services or via email.

Our contact email address for purposes of these Terms is support@catherineguimard.com. All correspondence to Catherine Guimard including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.

Eligibility

The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.

Individuals under the age of 18 may utilise the Services only with the involvement and consent of a parent or legal guardian, and are otherwise subject to these Terms.

Accounts

Many aspects of the Services require users to register for an account.  Information that you provide to us at the time of registration, along with any other information we receive from you or about you in connection with your use of the Services, will be treated in accordance with our Privacy Policy, which is incorporated in and made part of these Terms.

Your account to use the Services is for use by You and, if applicable, Your designated users and cannot be shared or used by more than one user.  You are responsible for all activities that occur in the use of Your account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Submissions you make to the Services; (ii) use commercially reasonable efforts to prevent unauthorised access to, or use of, the Services, and notify us promptly of any such unauthorized access or use; and (iii) comply with all applicable local, provincial, state, federal and foreign laws in using the Services.

Right of Refusal

Catherine Guimard reserves the right to refuse your participation in our Services in our sole discretion, subject to applicable law. In addition, we, in our sole discretion, reserve the right to suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms or any negative impact to other users of the Services caused by you, as determined by Catherine Guimard in our sole discretion. Such suspension or termination may be immediate and without notice.

Terms of Sale

Access to certain materials on the Services is made available for purchase (“Products”). Your payment for any access to any Products is subject to the following terms:

Fees. The amount of, and terms applicable to, the fees for any Products will be made available via the Services at time of purchase. You may pay for access to the Products in full at the time of your purchase or pursuant to any installment payment plan that we make available.

Installment Payment Plans. If you select an installment payment plan, you hereby grant us permission to automatically charge the applicable fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed, all subject to the terms made available via the Services at the time of your purchase. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete and accurate while any aspect of the payment plan remains outstanding.

Valid Payment Methods. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to the Products. By submitting your order to purchase access to the Products, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.

Refunds. Please consult our Refund Policy (set forth below in these Terms) for information regarding any refunds that may be available for any Products. To be eligible for a refund, you must make a refund request through our customer service team (support@catherineguimard.com) within the applicable time period set forth in the Refund Policy.

No Cancellations. Other than as expressly stated in our Refund Policy, all sales are final and we do not offer any refunds or cancellations. If you select an installment payment plan, you are obligated to complete all installment payments.

Failure to Pay. A failure to pay an installment payment related to any of the Products may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.

Errors in Charges. In the event of an error that results in an incorrect charge, we reserve the right to correct such errors and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount incorrectly charged to your payment method.

Taxes. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and we reserve the right to collect such taxes or other fees from you at any time.

Automatic Renewal Terms. Certain Services are made available through ongoing subscriptions (“Subscriptions”). By enrolling in a Subscription program, you agree that a Subscription fee will be billed at the price you agreed to when subscribing to the payment you provide for the then-current Subscription period on a recurring basis until you cancel. The time period and recurring nature of the Subscription will be stated at the time you enroll in the applicable Subscription. If you do not wish for a recurring Subscription to renew automatically, or if you want to change or cancel your Subscription, please email us at support@catherineguimard.com. If you cancel your Subscription, you may use your Subscription until the end of your current subscription term and your Subscription will not be renewed thereafter. You are not eligible for a prorated refund of any portion of the Subscription fee paid.

Access to Services. Upon payment in full for a program advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time Catherine Guimard operates the Services and that specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Services and programs at our sole discretion. For Subscription programs (i.e., programs not designated as “lifetime access”), you will only receive access to the Services during the term of your Subscription, subject to the requirement to be in “good standing” as set forth above.

Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or applicable Subscription(s) in your account settings or by emailing support@catherineguimard.com 

Refund Policy

To be eligible for a refund, you must make a refund request through our customer service team ( support@catherineguimard.com ) within the applicable time period for your program as set forth below.

Our standard refund policy is a 30-day, 100% money-back guarantee.  

If you are unsatisfied with a Purchase, emailsupport@catherineguimard.com during the first 30 days after you submitted the Purchase. We’ll refund 100% of your purchase price.  

If a different refund time period or other terms are expressly set forth in the terms provided at the time you make a particular purchase, those terms will control any refunds available for that purchase.

Non-Exclusive License to Video Recordings

When you attend a presentation and/or class session hosted by Catherine Guimard in connection with our Services, you grant permission to Catherine Guimard to make video recordings and/or audio recordings of the sessions. You further grant to Catherine Guimard a royalty‐free, non‐exclusive License to publish the recordings, including portions containing your image and likeness, in digital video or digital audio video form.

Confidential information

Except as expressly allowed in accordance with these Terms, you agree to hold in confidence and not disclose any such Confidential Information.  You agree to protect our Confidential Information from disclosure to any third parties, using at least the same degree of care that you use to protect your own confidential and proprietary information of similar importance, but no less than a reasonable degree of care.

The foregoing obligations shall not apply to the extent that Confidential Information: (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to you, or in your or our possession, prior to receiving the disclosure of such Confidential Information from us as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of these Terms; or (iv) is validly made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of these Terms.

You hereby agree that any unauthorized disclosure of Catherine Guimard’s Confidential Information may cause immediate and irreparable injury to Catherine Guimard and that, in the event of such breach, Catherine Guimard will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

Medical Disclaimer

Certain techniques and behaviors taught or suggested in connection with the Services, include techniques to narrowly focus on one physical sensation or object of attention. You are solely responsible for only using such techniques safely, including by ensuring that you are in an environment and situation that permits you to engage in them safely. You should never use any such techniques when engaged in any activity that requires you to pay attention more broadly in order to keep safe, such as when you’re moving or driving.

CATHERINE GUIMARD DISCLAIMS, TO THE FULL EXTENT PERMITTED BY LAW, ANY ALL LIABILITY FOR ANY ADVERSE AFFECTS RESULTING FROM THE USE OF THE SERVICES OR ANY USER’S RELIANCE ON ANY INFORMATION PROVIDED VIA THE SERVICES.

Notices

Unless otherwise specifically indicated, all notices given by you to us must be given to support@catherineguimard.com. We may give notice to you at the email address you provide to us when you register, or delivered through the Services. Notice will be deemed received and properly served immediately when posted on the Services or when an email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.

General Provisions

Term. These Terms shall become effective with respect to you on the date you first accept these Terms by using the Services or otherwise, and shall remain in effect at all times while you continue to have an account with us or otherwise use the Services.  

Relationship of Parties. You and Catherine Guimard are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Except as provided in these Terms, there are no third-party beneficiaries to these Terms.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

Assignment. You may not assign these Terms or any of Your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Catherine Guimard. We may assign these Terms to any third party in our discretion. Any attempt by a party to assign its rights or obligations under these Terms in breach of this section shall be void and of no effect. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Governing Law. These Terms shall be governed by the laws of France . No choice or conflict of laws rules of any jurisdiction shall apply to these Terms. For all claims, You agree that You shall only bring any action or claim in respect to these Terms and/or the Services in the state courts located in France, and You hereby consent to the exclusive jurisdiction of such courts for any such action or claim brought by You. Notwithstanding the foregoing, either party shall be entitled to seek available equitable relief (including injunctive relief) in any jurisdiction with a reasonable connection to the subject matter of these Terms or the Services. Each party hereby waives any right to jury trial in connection with any action or claim in any way arising out of or related to these Terms.

Entire Agreement. These Terms constitute the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any contrary language herein, the terms of any separate written agreement entered between Catherine Guimard and You with respect to any commercial relationship or other business interactions between us, including but not limited to any Certifications, or coaching activities by you, shall apply to such activities while these Terms shall continue to govern Your use of the Services defined herein.

These Terms are effective and were last updated on October 2nd, 2022.