Burnout to All Out Hive Community AGREEMENT, WAIVER, AND RELEASE OF LIABILITY
As additional consideration for receiving business coaching and other services from MELISSA HENAULT (the “Company”), I, the client,, voluntarily enter into
this Burnout to All Out Hive Community Agreement and Waiver and Release
of Liability (“Agreement”) with the Company and with MELISSA HENAULT.
1. Office hours. All communication, including but not limited to calls,
conferences, texts, and meetings will be Monday through Friday, between the
hours of 9 AM to 5 PM; Eastern Standard time. No texts, calls, or
communication is to be expected or guaranteed outside of these times. We
may occasionally communicate with you outside of these times if we
believe we are adding value to you.
2. Assumption of Risks: I understand that participating in this Hive entails risks
and challenges associated with an intensive program of personal and
business development, including, by way of example, physical, mental or
emotional distress that may accompany significant life changes. By signing
this Agreement, I am freely and voluntarily assuming the risks arising from
my participation in business coaching (including risks that cannot be
foreseen at this time). I take full responsibility for my business’ health, my
personal health and wellbeing, my actions and decisions, and my personal
care during my Hive engagement and Thereafter.
3. No Guaranteed Outcomes: I understand that The Burnout to All Out Hive
Community outcomes can be subjective and can vary greatly depending
upon individual circumstances and individual effort invested in the Hive
process. Joining the Hive does not guarantee that I will take any specific
action and does not offer any guarantee of success. As such, I understand that
the Company makes no guarantee, representation or warranty of any nature
or kind that this Hive will be effective or will result in any particular outcome. I
agree that I will not hold the Company or MELISSA HENAULT responsible, in
whole or in part, for any result that I do or do not achieve.
4. Right to reschedule. I acknowledge that MELISSA HENAULT and her
coaching team have the full right to reschedule any previously scheduled
events due to circumstances outside of their control,

including COVID-related restrictions, or acts of God. No refunds will be given
for any rescheduling or delays.
5. Waiver and Release of Liability: On my own behalf and on behalf of my
heirs, next of kin, family members, estate, beneficiaries, executors,
administrators, and representatives, I hereby WAIVE, RELEASE, AND
FOREVER DISCHARGE the Company, MELISSA HENAULT in his individual
capacity, and each of the Company’s Authorized Coaches and principles,
shareholders, officers, directors, employees, agents, successors, beneficiaries,
and assigns (collectively, “Henault Healthy Horizons”) from and against
any and all claims, demands, losses, liabilities, damages, and causes of action
of any nature or kind that I have or may in the future have arising out of or in
connection with my participation in the Hive or any other educational
programs or services or any advice, information, suggestion, or
recommendation that I receive in connection therewith, whether such claims
arise from negligence, breach of any duty imposed by law, mistake or error in
judgment, or from any other cause, and whether such claims are known or
unknown, or suspected or unsuspected (all such claims, demands, losses,
liabilities, damages, and causes of action are referred to
collectively herein as the “Released Claims”).
6. Agreement Not to Sue: Indemnity. In addition, on my own behalf and on
behalf of my heirs, next of kin, family members, estate, beneficiaries,
executors, administrators and representatives, I covenant and agree that (i) I
will not institute or attempt to institute any legal action, arbitration, demand
or proceeding against any member of Henault Healthy Horizons or MELISSA
HENAULT based upon any Released Claim, and (ii) I will indemnify, defend
and hold harmless Henault Healthy Horizons and MELISSA HENAULT and
each of them from and against any losses, claims, liabilities, expenses or
damages, including attorneys’ fees and costs, incurred in connection with the
defense of any Released Claim or any other breach of my obligations under
this Agreement.
7. Confidentiality and Non-Disclosure Agreement: I agree to preserve the
sanctity and safety of any group coaching, any ideas, intellectual property or
statements shared by other members, any processes in which I participate by
maintaining the confidentiality of all information communicated by other
Hive clients during group Hive sessions. I agree not to

disclose any teleconference bridge numbers or other access codes to any
third party. To provide me with the highest quality of service, I understand
that MELISSA HENAULT may discuss and receive coaching on certain topics
anonymously and hypothetically with other coaches within Henault Healthy
Horizons.
8. Intellectual Property: To honor and protect the Company’s intellectual
property, I agree not to disclose, reproduce or distribute the Hive’s written
materials, techniques, or methods to any third party without MELISSA
HENAULT’S prior written consent. I understand that the Company’s written
and recorded materials are protected by United States intellectual property
laws and I agree not to copy, reproduce or distribute any such materials for
any reason without the Company’s prior written consent.
9. Payment, Cancellation, and Refund Policy: If I cannot attend any part or
parts of the Hive, I understand full payment is still required. I acknowledge
that no refunds, discounts or prorated fee will be provided in the event of my
failure to attend any scheduled session. In addition, I acknowledge that no
one person, team member/co-owner, or significant other can replace myself
at the Burnout to All Out Hive Community. This includes but is not exclusive
of; calls, virtual events, meetings, etc. Refund Policy: No refunds of any kind
will be given under any circumstances unless WRITTEN arrangements were
agreed upon beforehand.
10. Termination: I understand that I am free to terminate my Hive
engagement at any time. HOWEVER, I will not receive a refund for
outstanding or pre-paid sessions, except for in the circumstances outlined in
the Payment, Cancellation, and Refund Policy. I also understand that I am still
liable for completing the full payment of the Hive as I have taken a paid spot
from someone else. There will be no pro-rated refunds or cancelations of
upcoming payments. Hive sessions are nontransferable. I understand that the
terms of this Agreement shall survive the termination of my Hive
engagement.
11. Dispute Resolution: Limitation of Liability. In the unlikely event of a dispute
arising from or relating to my Hive engagement or this Agreement, the
dispute shall be settled by binding arbitration, which will occur via telephone

by an arbitrator that is mutually approved by the parties. The costs of the
arbitration will be shared equally by the parties; provided, that the
prevailing party will be entitled to reimbursement by the other party of its
reasonable costs and expenses incurred therein, including its reasonable
attorneys’ fees and costs. I agree that if any member of Henault Healthy
Horizons is found liable for any loss or damage, then to the fullest extent
permitted by law, the aggregate collective liability of Henault Healthy
Horizons shall be limited to a refund of amounts I have paid to the Company
for services under this Agreement.
12. Miscellaneous: This Agreement shall be governed by the laws of the State
of North Carolina without regard to its conflicts of laws provisions. If any
provision of this Agreement is held to be invalid or unenforceable, such
provision shall be fully severable, and this Agreement shall be
construed and enforced as if such provision had never comprised a part of
this Agreement. This Agreement represents the entire agreement between
the parties with respect to the subject matter hereof and shall be binding
upon me and my heirs, next of kin, family members, estate, trustees,
beneficiaries, executors, administrators, and representatives. Each member of
Henault Healthy Horizons. is an express third-party beneficiary of
this Agreement, fully entitled to enforce his or her rights hereunder. No
amendment, change or modification to this Agreement shall be valid unless it
is in a writing signed by both parties.