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THE SOMATIC STUDIO
Course Participant Services Agreement
On behalf of Maria Beatriz Victoria Albina (Beatriz Victoria Albina, Nurse Practitioner in Family Medicine, PLLC, d/b/a Beatriz Victoria Albina, FNP, PLLC)

This Course Participant Services Agreement ("Agreement") is entered into and effective as of the date of electronic acceptance, by and between the enrolling participant ("Client") and Beatriz Victoria Albina, FNP, PLLC dba Beatriz Victoria Albina Health & Wellness ("Company"). The Client's acceptance of this Agreement is signified by completing payment via the Company's website.

The Somatic Studio is the Company's self-paced course library ("The Somatic Studio"), serving as the umbrella under which multiple distinct courses are offered. Each individual course within The Somatic Studio carries its own name — such as, by way of example, The Shift or Nervous System Foundations — and is referred to herein as a "Course." The specific Course in which Client is enrolling is identified by name on the applicable enrollment page on the Company's website at the time of purchase. Each Course may vary in name, duration, format, content, and price; all such details are as described on the applicable course enrollment page. By completing payment for a Course, Client agrees to all terms set forth in this Agreement.

Client understands that The Somatic Studio is the name of the course library and school, and that the Course they are purchasing is a distinct offering within that library. The Somatic Studio itself is not the name of the Course Client is enrolling in.

In consideration of Client retaining Company to provide educational and life coaching services as part of the applicable Course, it is agreed as follows:

1. Scope of Services

Company agrees to provide an educational program consisting of virtual self-guided study within the context of the enrolled Course. The Services shall educate Client about the nervous system, movement-based modalities, somatic practices, and related topics. The Services shall be delivered via one or more of the following, as applicable to the enrolled Course:

  • Email and/or online course portal
  • Audio and video lessons via course online portal or private podcast
  • Worksheets and other downloadable materials
  • Online community engagement via Mighty Networks, Slack, Kajabi, or similar platforms

It is the Client's responsibility to complete lessons and to engage with the course material and community as desired.

The Somatic Studio courses are self-paced introductory educational offerings. They are not individual or group therapy, nor do they constitute medical care of any kind. No medical advice, diagnosis, treatment, or individualized clinical guidance will be provided as part of any Course. Where Company or its representatives respond to questions submitted by Client via the course platform or community, such responses are offered as general educational information and represent one perspective only. They do not constitute medical advice, therapeutic guidance, or individualized care, and should not be relied upon as such. Client is solely responsible for any decisions made in reliance on course content or platform responses.

While individual results will vary, those who benefit most are typically those who consistently engage with the lessons and integrate the learning and practice into their everyday lives. Some Course materials are based in whole or in part on materials from Anchored, a comprehensive 6-month group coaching program offered by the Company, which is governed by a separate agreement.

2. Compensation

(a) In consideration for the Services provided, Client agrees to pay Company the fee consistent with the payment plan chosen at enrollment, as indicated on the applicable course enrollment page on the Company's website.

(b) All payments shall be made via credit card. Company's obligation to render services is conditioned upon Client's timely payment of said fee.

(c) All payments are non-refundable.

(d) Client agrees to provide all information and documentation reasonably required by Company to effectively perform the Services.

(e) Client's active participation in the educational process is vital to the success of the Course. Client agrees to complete assignments to the best of their abilities and to communicate honestly and respectfully throughout.

3. Term and Access

The term of this Agreement shall be for the duration of the enrolled Course, as specified on the applicable course enrollment page. Upon the conclusion of the Course period, Client's active enrollment will end. All course materials must be downloaded, if desired, no later than thirty (30) days after the conclusion of the Course period. The Company is not responsible for materials not downloaded within this window.

4. Cancellation

Client may terminate this Agreement and discontinue use of the Services at any time by providing written notice to the Company. No portion of payments will be returned upon termination. Client remains responsible for any outstanding payments despite termination and must complete the full fee amount as agreed upon at enrollment.

Company may cancel this Agreement at any time for any reason by providing written notice to Client. In the event that Company cancels this Agreement, Company will provide a prorated refund of fees collected for which services have not yet been rendered, minus any approved, unpaid expenses incurred on Client's behalf.

5. Confidentiality

(a) During the term of this Agreement, Company takes reasonable steps to maintain the confidentiality of Client's information. However, there is an inherent risk in all forms of electronic communication, and communications between Client and Company may be unlawfully intercepted by third parties not under Company's control. Company does not guarantee the security of any information transmitted via the Internet, telephone, fax, or text message. Any efforts Client undertakes to communicate with Company are done at Client's own risk.

(b) Client understands that Company does not have control over third-party service providers, including but not limited to Zoom, Slack, Kajabi, Mighty Networks, and Google Gmail. Company will take every reasonable measure to use the most secure platforms available and is not responsible for any breaches on the part of these third parties.

6. No Medical Care; No Guarantees

The Somatic Studio courses do not constitute medical care, and no medical care will be provided as part of any Course. Company cannot guarantee the outcome of the Services, and Company's comments about outcomes are expressions of opinion only. Company makes no guarantees other than that the services described in Section 1 shall be provided to Client in accordance with the terms of this Agreement. Client acknowledges that Company cannot guarantee any results, as such outcomes are based on subjective factors that cannot be controlled by Company.

Client understands that a life coach is not a licensed medical or mental health professional, and coaching services are not a substitute for medical or psychological treatment or advice. These courses are not trauma treatment programs. Maria Beatriz Victoria Albina cannot and will not diagnose illnesses nor prescribe medication as part of this coaching relationship.

7. Ownership of Intellectual Property Rights

All materials and information provided by Company as part of the Services are proprietary and comprise intellectual property owned solely by Company. Company maintains exclusive, worldwide right, title, interest, ownership, and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets, and any other intellectual property rights, in all course content, materials, and related works ("the Work"), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Client does not have permission to use, reproduce, distribute, or create derivative works based on the Work.

8. Effect of Headings

The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

9. Entire Agreement; Modification; Waiver

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

10. Neutral Construction

This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by Company; rather, each provision shall be construed in a manner that is fair to both parties.

11. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

12. Assignment

This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement. No such assignment shall relieve Client of any of its obligations or duties under this Agreement.

13. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of its provisions, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

14. Limitation of Liability

(a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

(b) IN NO EVENT SHALL A PARTY'S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.

(c) THE FOREGOING LIMITATIONS IN THIS SECTION 14 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER SECTION 5.

15. Jurisdiction of Disputes; Mediation

Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort, or other legal theory, shall be heard and determined by a judge of the State of New York, County of Ulster. The parties acknowledge that disputes brought before the Court may be referred to mediation prior to trial. Both parties agree to participate in mediation proceedings if recommended by the court.

16. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day of electronic mailing to the email addresses below:

To Client at: email address on file with Company (the email address Client uses when enrolling in the applicable Course)

To Company at: info@victoriaalbina.com

Any party may change its address for purposes of this section by giving the other party written notice of the new address in the manner set forth above.

17. Governing Law; Venue

This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York. The exclusive venue for any action, arbitration, or other proceeding based on or arising out of this Agreement shall be New York.

18. Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

19. Signatures and Acceptance

Acceptance of this Agreement shall be signified by the Client's completion of payment on the Company's website. By completing payment, Client confirms they have read, understood, and agreed to all terms of this Agreement, including the Informed Consent for Life Coaching and Breathwork sections below.

Informed Consent for Life Coaching

I acknowledge that Beatriz Victoria Albina, FNP, PLLC, a New York professional limited liability company, its owners, agents, or employees ("Albina") will provide "life coaching" or "health coaching" services ("Coaching" or "Coaching Services").

I further acknowledge that:

  • The Coaching Services and their risks and benefits have been explained to me.
  • The Coaching Services may not have the result that I expect, and I have been informed as to other possible services that may provide me a benefit.
  • Coaching is not an exact science, and I have not been given any guarantees about the result of Coaching.
  • I have had ample opportunity and time to discuss my concerns with Albina along with my mental health care and physical healthcare provider team, and all of my questions have been answered to my satisfaction.
  • I will not be provided any services of any kind relating to diagnosing and treating human responses to actual or potential health problems.
  • Coaching is not a replacement or substitute for psychological services rendered by a licensed mental health provider.
  • Albina is not a licensed mental health care provider and does not claim to be one, and is providing services as a Life Coach.
  • The Somatic Studio courses are not trauma recovery or treatment programs, and issues related to trauma should be addressed through psychological services rendered by a licensed mental health provider.
  • No medical care, medical advice, diagnosis, or individualized clinical guidance will be provided as part of any Course. Any responses to questions submitted via the course platform or community represent one educational perspective only and are not specific to Client's individual circumstances, health, or care.
  • Albina will not be practicing medicine as part of my Coaching care, though she may educate me about health and wellness topics.
  • I will not be prescribed any drug or medication.
  • The Coaching Services may be provided remotely, including by phone, email, Zoom, Slack, Mighty Networks, Kajabi, and other internet-based means of communication.
  • I will maintain a primary care provider who will attend to my routine and urgent health care needs.
  • I will maintain a licensed mental health provider, where applicable, who will attend to my routine and urgent mental health care needs.
  • As Albina will not be providing medical care as a life coach, insurance superbills will not be available for coaching services, though receipts may be requested in writing to info@victoriaalbina.com.

Breathwork Meditation

Breathwork Meditation may be offered as part of one or more Courses under The Somatic Studio and is optional — not mandated or encouraged. By completing payment for any Course in which Breathwork Meditation is offered, Client confirms they have read and understood the following contraindications and agrees not to participate in Breathwork Meditation if any of these contraindications apply. Client further agrees to discontinue this practice should they experience any adverse or uncomfortable effects.

Contraindications include but are not limited to: pregnancy, cardiovascular problems, high blood pressure, psychiatric conditions such as those resulting in hospitalization, schizophrenia or psychosis, recent surgery, acute infectious illness, or epilepsy.

Client understands that Breathwork Meditation is NOT a form of healthcare, healing, curing, or other medical or psychological care. It is a breathing and meditation exercise with the goal of reducing stress and is not anything beyond that. Client agrees to discuss the practice of Breathwork Meditation with their healthcare provider team, including their mental health care team where applicable, before engaging in this practice or any other somatic, coaching, or related modality taught or shared during any Course.

Coaching Is Not a Licensed Professional Service

I acknowledge that, although the owner of Albina is a licensed nurse practitioner, the Coaching Services do not constitute the practice of nursing or any other service for which state licensure is required, including the practice of medicine, psychiatry, social work, nutrition/dietetics, or mental health counseling. Albina's Coaching Services are based upon its owner's, agents', or employees' proficiency in and knowledge of how to help clients make decisions, set and reach goals, and engage with challenges.

Nothing in this Agreement is intended to limit the ability of Albina to employ appropriate and lawful nurse practitioner techniques that its owners, agents, or employees are educated and licensed to perform. Conversely, nothing in this Agreement is intended to expand the scope of practice for any activity, treatment, or consultation for which Albina, its owners, agents, or employees are unlicensed, unqualified, or not lawfully permitted to engage.

Informed Consent for Coaching Services

By completing payment for any Course offered under The Somatic Studio, I acknowledge that I have read, understood, and agree to all terms set forth in this Agreement, including this Informed Consent for Coaching Services. I hereby give my informed consent to receive Albina's Coaching Services and to be bound by the above. This consent shall be governed by and construed in accordance with New York law.

I accept these terms and agree to pay all related invoices as they fall due.