Agreement Governing Use of FREE HEARTS Services and Website

1. Acceptance of Terms

This document constitutes a legally binding agreement (“Agreement” or “Terms”) between you (“User,” “Participant,” “Donor,” “Volunteer,” or “You”) and FREE HEARTS, a non-profit organization located at 2452 WRTLE AVE, HERMOSA BEACH, CA 90254 (“FREE HEARTS,” “We,” “Us,” or “Our”). This Agreement governs your access to and use of all programs, services, workshops, online resources, content, documentation, financial transactions, and any other offerings provided by FREE HEARTS (collectively, the “Services”).

By accessing, browsing, registering for, donating to, or otherwise utilizing any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy (available separately), which is incorporated herein by reference. If you do not agree to all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately. For participants who are minors (under 18 years of age), their parent or legal guardian must review and agree to these Terms on their behalf, and by registering the minor, the parent or guardian certifies that they have the legal authority to enter into this Agreement and accepts full responsibility for the minor’s compliance.

These Terms may be updated or modified by FREE HEARTS at any time without prior specific notice. We will always post the most current version on our website, indicating the revised “Effective Date.” Your continued use of the Services after any such modifications constitutes your acceptance of the revised Terms.

2. Services, Programs, and Registration

2.1. Description of Services

FREE HEARTS provides non-profit, educational, and supportive programs focused on emotional well-being, social-emotional development, personal growth, and compassionate community engagement. Our Services include, but are not limited to, the Early Hearts Program, Compassionate Kids Program, Teen Empowerment Workshops, Adult Wellness Series, Family Mindfulness Retreats, and various community outreach activities and resources. All programs are delivered by qualified staff and are designed for educational and supportive purposes, not as a substitute for professional clinical therapy, psychiatric treatment, or medical advice.

2.2. Enrollment and Fees

Registration for all structured programs is subject to availability and the successful completion of our mandatory enrollment process, which includes a confidential needs assessment or consultation to determine the appropriate program fit. You agree to provide accurate, current, and complete information during the registration process and to maintain the accuracy of this information throughout the duration of participation.

Program fees, where applicable, are clearly stipulated at the time of enrollment. You are responsible for the timely payment of all fees associated with the Services. Failure to pay required fees may result in the suspension or termination of access to the program, at the sole discretion of FREE HEARTS.

2.3. Financial Assistance and Sliding Scale

FREE HEARTS is committed to accessibility. Where a needs-based sliding scale or financial assistance is offered, your continued eligibility is contingent upon providing accurate financial information and adhering to the agreed-upon payment schedule. Misrepresentation of financial need may result in the revocation of assistance and immediate obligation to pay the standard program fees.

2.4. Cancellations, Refunds, and Attendance

Our refund and cancellation policy for specific programs and events (e.g., workshops, retreats) is detailed in the program-specific documentation provided at the time of registration. Generally, refunds are provided only within a limited window following enrollment, and a reasonable administrative fee may be deducted. No refunds are typically provided for partial attendance, non-attendance, or expulsion due to a violation of the behavioral code of conduct outlined in these Terms. Consistent attendance is crucial for the efficacy of our social-emotional programs, and excessive absences may result in the cancellation of service without reimbursement, as your non-attendance can disrupt the group dynamic for other participants.

3. User Obligations and Code of Conduct

3.1. General Conduct and Respect

All Users, Participants, Parents/Guardians, Donors, and Volunteers agree to interact with FREE HEARTS staff, other participants, and the community at large with the utmost respect, integrity, and compassion, consistent with our core mission. Harassment, discrimination, abusive language, threatening behavior, or any form of hostility (physical or verbal) directed towards any individual, staff member, or property (including property at 2452 WRTLE AVE) is strictly prohibited and will result in immediate termination of the User’s access to all Services without warning or refund.

3.2. Confidentiality and Privacy of Others

Participants in group sessions (e.g., Teen Workshops, Adult Series) must strictly maintain the confidentiality of information shared by other participants during the course of the Services. While FREE HEARTS fosters a safe space, we cannot legally guarantee that all participants will adhere to this confidentiality obligation. Users understand and accept the risk inherent in sharing personal information in a group setting. You are expressly prohibited from recording, disseminating, or sharing any personal details, stories, or images of other participants without their explicit, written consent.

3.3. Health and Safety

Parents/Guardians are solely responsible for accurately disclosing any medical conditions, allergies, or significant mental health concerns of the minor participant that may affect their safety or participation in the program. You warrant that the participant is medically and emotionally fit to participate in the Services for which they are registered. You agree to hold FREE HEARTS harmless for any injury or adverse event arising from undisclosed or misrepresented health information.

3.4. Compliance with Instructions

Participants agree to comply with all reasonable instructions, rules, and guidelines provided by FREE HEARTS staff and program facilitators, especially those relating to safety, use of materials, and group behavior management. Our staff reserve the right to remove any individual from a session or program whose behavior is deemed disruptive, harmful, or non-compliant with the principles of safety and respect, without refund.

4. Intellectual Property Rights and Content Ownership

4.1. Ownership of FREE HEARTS Content

All content, materials, curriculum, methodologies, training manuals, documentation, graphic design, logos, trademarks, and educational resources, including the proprietary Heart-Centered Approach used in our programs, whether provided in-person, physically, or digitally on our website, are and shall remain the exclusive intellectual property of FREE HEARTS or its licensors. This protection is afforded by copyright, trademark, patent, and other proprietary laws of the United States and international treaties.

4.2. Limited License to Use

FREE HEARTS grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the program materials and digital content solely for your personal, non-commercial educational use related to your participation in the registered Services. This license does not permit:

  • Reproduction or Distribution: Reproduction, duplication, copying, selling, reselling, or exploiting any portion of the content for any commercial purpose without the express written permission of FREE HEARTS.
  • Modification or Derivation: Modification, adaptation, translation, reverse engineering, decompiling, or creating derivative works based on the content or curriculum.
  • Public Display: Public display or performance of the content outside of the specifically scheduled FREE HEARTS program sessions.

4.3. User-Generated Content

If the Services permit you or a participant to submit, post, or upload content (e.g., testimonials, artwork, feedback, written assignments) (“User Content”), you retain all ownership rights to your User Content. However, by submitting User Content to FREE HEARTS, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, distribute, display, and perform the User Content in connection with the operation, promotion, and marketing of FREE HEARTS Services, including on our website, social media, and informational materials, provided that all personally identifiable information is removed or anonymized unless a separate, explicit consent (such as a photo/testimonial release) has been provided by you.

5. Financial Transactions, Donations, and Tax Status

5.1. Donations and Charitable Status

FREE HEARTS is a tax-exempt non-profit organization. All financial contributions, designated as donations, are greatly appreciated and are generally tax-deductible to the fullest extent permitted by law. Once a donation is processed, it is non-refundable. You agree that you are making a voluntary charitable contribution and that you will receive no goods or services in exchange for the donation, unless specifically noted during a particular fundraising campaign (e.g., a ticket to a charitable event). We will issue a tax receipt for your records as required by the Internal Revenue Service (IRS).

5.2. Accuracy of Financial Information

You represent and warrant that all financial information provided in connection with any payment or donation (e.g., credit card number, expiration date, billing address) is truthful, accurate, and that you are the authorized holder of the payment instrument. You grant us or our third-party payment processor the right to charge the specified amount to the provided payment method.

5.3. Third-Party Payment Processors

All credit card transactions are handled by secure, PCI-compliant third-party payment processors. FREE HEARTS does not store or process your full credit card information. We rely on the security and integrity of these external service providers and disclaim any liability for breaches occurring on their platforms, though we commit to working only with reputable and secure vendors.

6. Disclaimer of Warranties and Limitation of Liability

6.1. Disclaimer of Warranties

The Services, including all content, programs, and materials provided by FREE HEARTS, are offered on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. FREE HEARTS makes no guarantee that:

  • Service Efficacy: Participation in our programs will achieve specific psychological, emotional, or developmental outcomes, as results are highly individual and dependent on many external factors.
  • Availability: The website or digital resources will be uninterrupted, error-free, secure, or operate without technical delays or malfunctions.
  • Medical/Clinical Advice: The educational content constitutes professional medical, psychological, or psychiatric advice, diagnosis, or treatment. The Services are for educational and supportive purposes only.

6.2. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall FREE HEARTS, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, data, or other intangible losses, arising out of or relating to:

  • The use or the inability to use the Services or program materials.
  • The conduct or statements of any third party (including other participants) on the Services.
  • Any unauthorized access to or alteration of your transmissions or data.
  • Any physical injury or illness occurring during participation in our programs, except where caused by gross negligence or willful misconduct of FREE HEARTS.

The total liability of FREE HEARTS to you for any claim arising out of or relating to this Agreement or the Services shall not exceed the amount you paid to FREE HEARTS for the specific service from which the liability arose in the twelve (12) months preceding the date the claim arose, or $100 USD, whichever is lower.

6.3. Acknowledgment of Program Limitations

You acknowledge and agree that FREE HEARTS staff and facilitators are primarily educators and peer supporters, and their services do not constitute professional therapy or crisis intervention. In the event of a medical or psychological emergency, you agree to seek immediate professional medical assistance and acknowledge that FREE HEARTS’ obligation is limited to contacting your provided emergency contact and, if necessary, emergency services (911).

7. Indemnification

You agree to defend, indemnify, and hold harmless FREE HEARTS, its directors, officers, employees, agents, and volunteers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any User Content or other information that is submitted by you; or (vi) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.

8. Governing Law and Dispute Resolution

8.1. Governing Law

This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without regard to its conflict of laws principles. You agree that any legal action or proceeding related to the Services shall be brought exclusively in the federal or state courts located in the county encompassing HERMOSA BEACH, CA 90254.

8.2. Informal Dispute Resolution

Before initiating any formal legal action, you agree to first contact FREE HEARTS directly via the administrative email info@frhearts.site and clearly describe the nature of the dispute, providing us with a period of not less than sixty (60) days to attempt to resolve the claim or dispute informally and in good faith.

8.3. Waiver of Class Action and Jury Trial

You and FREE HEARTS agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a collective action, a private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. You and FREE HEARTS further irrevocably waive the right to a jury trial in any such proceeding.

9. Miscellaneous Provisions

9.1. Entire Agreement

This Agreement, along with the incorporated Privacy Policy and any specific program waivers signed by you, constitutes the entire and sole agreement between you and FREE HEARTS regarding the Services and supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and FREE HEARTS.

9.2. No Waiver

The failure of FREE HEARTS to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FREE HEARTS.

9.3. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

9.4. Assignment

FREE HEARTS may assign its rights and duties under these Terms to any party at any time without notice to you. You may not assign your rights or obligations under these Terms without the prior written consent of FREE HEARTS.

10. Contact Information

For any questions regarding these Terms and Conditions, or for general inquiries about the Services, please contact us at:

Organization Name: FREE HEARTS Administrative Email: info@frhearts.site (For all non-privacy and non-crisis inquiries) Mailing Address: 2452 WRTLE AVE HERMOSA BEACH, CA 90254 United States