Agreement is between User and www.mindfulmamasouthbay.com.

Welcome to www.mindfulmamasouthbay.com. The www.mindfulmamasouthbay.com website (the"Site") is composed of various web pages operated by Mindful Mama South Bay ("MMSB"). www.mindfulmamasouthbay.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.mindfulmamasouthbay.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.mindfulmamasouthbay.com is an E-Commerce Site.

Our purpose is to provide support and community to perinatal women through Mommy & Me groups, childbirth education, and workshops.

Groups

We would like to emphasize that this is a support group, not a therapy group. We cannot guarantee confidentiality although we ask that as much as possible you respect the privacy of other group members.

Barbara Gani (co-faciliator) is a Licensed Clinical Social Worker and in her professional capacity is a mandated reporter of abuse (physical, emotional, or sexual/neglect) of minors and elders. She is also obligated to seek support for anyone that is a danger to themselves or threatens harm to others. This is to support the safety of all group members and children. This will always be done in a private and compassionate way.

Electronic Communications

Visiting www.mindfulmamasouthbay.com or sending emails to MMSB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

MMSB collects personally identifiable information from children under the age of thirteen. MMSB collects this information for the following reason(s):

We are facilitating baby and toddler groups.

We collect due dates and birth dates in order to place parents/children in the appropriate group. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement.

If you are under 18, you may use www.mindfulmamasouthbay.com only with permission of a parent or guardian.

Cancellation/Refund Policy

We understand that life happens and scheduling issues arise in new families. We want to be as accommodating as possible. Your enrollment fee includes a $50 non-refundable deposit to hold your spot for the session. You may postpone or cancel your registration prior to the start date of your group series. If you choose to cancel we will refund your fee, minus the deposit. We appreciate as much advance notice as possible in the event of a cancellation or postponement.

Links to Third Party Sites/Third Party Services

www.mindfulmamasouthbay.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MMSB and MMSB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MMSB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MMSB of the site or any association with its operators.

Certain services made available via www.mindfulmamasouthbay.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mindfulmamasouthbay.com domain, you hereby acknowledge and consent that MMSB may share such information and data with any third party with whom MMSB has a contractual relationship to provide the requested product, service or functionality on behalf of www.mindfulmamasouthbay.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.mindfulmamasouthbay.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MMSB that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MMSB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MMSB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MMSB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MMSB or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by MMSB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MMSB Content accessed through www.mindfulmamasouthbay.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MMSB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MMSB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MMSB in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MINDFUL MAMA SOUTH BAY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MINDFUL MAMA SOUTH BAY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MINDFUL MAMA SOUTH BAY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDFUL MAMA SOUTH BAY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MINDFUL MAMA SOUTH BAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

MMSB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MMSB as a result of this agreement or use of the Site. MMSB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MMSB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MMSB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MMSB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MMSB with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

MMSB reserves the right, in its sole discretion, to change the Terms under which www.mindfulmamasouthbay.com is offered. The most current version of the Terms will supersede all previous versions. MMSB encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

MMSB welcomes your questions or comments regarding the Terms: Mindful Mama South Bay Email: mindfulmamasouthbay@gmail.com Telephone: (323) 409-0261 Effective as of March 01, 2023.

Release of Liability.

In exchange for participation in the activity of Mommy & Me Groups, Workshops, and/or Yoga organized by Mindful Mama South Bay, of 1112 Ocean Drive, Manhattan Beach, California, 90266 and/or use of the property, facilities and services of Mindful Mama South Bay, I agree for myself and (if applicable) for the members of my family, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Mindful Mama South Bay, or the employees, representatives or agents of Mindful Mama South Bay.

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Mindful Mama South Bay for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Mindful Mama South Bay, whether caused by the fault of myself, my family, Mindful Mama South Bay or other third parties.

3. INDEMNIFICATION. I agree to indemnify and defend Mindful Mama South Bay against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Mindful Mama South Bay.

4. FEES. I agree to pay for all damages to the facilities of Mindful Mama South Bay caused by any negligent, reckless, or willful actions by me or my family.

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Mindful Mama South Bay has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.

8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

10. EMERGENCY CONTACT. To be provided to Mindful Mama Southbay.