Last updated: July 20, 2026

These Terms of Service ("Terms") govern your access to and use of the website embodywithelizabeth.com (the "Site"), the Embody with ElizaBeth mobile/web application (the "App"), and all coaching, group programs, workshops, and retreats offered by Embody with ElizaBeth, a DBA (doing-business-as name) of Smiling Soul Fitness LLC, a California limited liability company ("Company," "we," "us," or "our"). By accessing the Site, using the App, booking a session, or registering for a program, workshop, or retreat, you ("Client," "you," or "your") agree to be bound by these Terms.

If you do not agree to these Terms, please do not use the Site, App, or Services.

You must be at least 18 years of age to use the Site, App, or Services, or to register for any program, workshop, or retreat. By using the Services, you represent that you meet this requirement, or that you are a parent/legal guardian registering on behalf of an eligible participant with full authority to do so.

Embody with ElizaBeth provides somatic coaching, movement facilitation, and related education, including but not limited to:

• 1:1 Somatic Coaching sessions
• Small Group Coaching & Facilitation 
• Workshops
• Retreats
• Energy Healing
• Related digital content, courses, and materials

(collectively, the "Services")

Movement Facilitation Format: Movement facilitation may be delivered virtually (e.g., via Zoom) or in person (e.g., at retreats or in-person workshops), and the nature of guidance differs by format. Movement facilitation may incorporate props such as therapy balls, resistance bands, weights as well other tools, and may involve floor-based, standing or mat work.

Somatic coaching is not medical care, physical therapy, psychotherapy, or licensed mental health treatment. ElizaBeth Alexander is a certified somatic coach and certified movement facilitator; she is not a licensed physician, psychotherapist, or medical provider, and nothing in the Services should be construed as diagnosis, treatment, or medical/psychological advice.

• The Services are educational and developmental in nature, intended to support embodiment, movement awareness, and personal growth.
• You should consult a qualified physician before beginning any new movement or exercise practice, particularly if you have an injury, chronic condition, are pregnant, or have any concern about your physical or mental health.
• If you are currently under the care of a physician or mental health provider, you are responsible for informing us of any relevant condition and for continuing that care alongside our Services.
• We do not provide emergency services. If you are experiencing a medical or mental health emergency, contact emergency services in your location immediately.

Participation in somatic coaching, movement practices, workshops, and retreats involves physical movement and inherent risk of injury.

By participating in the Services, you acknowledge and agree that:

• You are voluntarily participating and are solely responsible for monitoring your own physical limits and stopping any activity that causes pain or discomfort.
• You assume full responsibility for any risks, injuries, or damages, known or unknown, that may arise from your participation.
• To the fullest extent permitted by law, you release Embody with ElizaBeth, its owner, employees, contractors, and affiliates from any and all liability, claims, or causes of action arising from your participation in the Services, except to the extent caused by our gross negligence or willful misconduct.

We recommend consulting a physician before participating if you have any pre-existing condition, injury, or health concern.

Every private and group experience we offer requires energetic, emotional and logistical preparation before we meet with you, and we honor this investment. Please review the following policies before booking.

• Payment for 1:1 sessions is due at the time of booking  (in full or per an agreed payment plan).
• Rescheduling Policy: Sessions may be rescheduled with at least 24 hours' notice at no additional charge. Sessions rescheduled with less than 24 hours' notice may still be rescheduled, but the original session fee is non-refundable if the session is cancelled outright rather than rescheduled. Sessions missed without any notice ("no-shows") are treated as forfeited and are not eligible for rescheduling.
• Repeated late reschedules or no-shows may result in restrictions on scheduling flexibility.

• Enrollment is confirmed upon payment (in full or per an agreed payment plan).
• Specific cancellation, transfer, and refund terms for each program, workshop, or retreats will be provided at the time of enrollment and are incorporated into these Terms by reference. Where those specific terms are silent, this Section 5 applies.
• Travel, accommodation, and incidental costs associated with the Mallorca retreat are the Client's responsibility unless explicitly stated otherwise in the retreat agreement.

• Except as set out in Section 5.1 (24-hour cancellation window for 1:1 sessions) or as required by law, all fees are non-refundable including for sessions, programs, workshops, retreats, or digital products that have not yet begun, been delivered, accessed, or downloaded. Payment due at booking (per Section 5.1) is not contingent on the session having occurred.
• We reserve the right to offer credits, rescheduling, or partial refunds at our discretion in cases of documented emergency.

• Clients who do not attend their scheduled session, workshop or retreat without prior written communication will be considered a no-show and will forfeit the full payment.

• The Membership is currently offered as a recurring subscription (not a standalone app). Billing terms, renewal, and cancellation details will be presented at the time of purchase and are incorporated into these Terms. Should the Membership later be offered in whole or in part through a dedicated mobile or web application, these Terms will continue to apply to that application without requiring a separate agreement.
• You may cancel a subscription at any time; cancellation will take effect at the end of the current billing period unless otherwise stated. Subscription fees already billed are non-refundable per Section 5.3.

You agree to:

• Provide accurate information about your health history and any conditions relevant to your safe participation.
• Arrive to sessions, workshops, and retreats in a fit state to participate, and to communicate any changes in your health status.
• Treat the Company, its staff, and fellow participants with respect. We reserve the right to remove any participant from a session, program, workshop, or retreat, without refund, for conduct that is abusive, unsafe, or disruptive.

We respect the personal nature of coaching work. Information shared during sessions is treated as confidential, except:

• Where disclosure is required by law,
• Where there is a genuine concern for your safety or the safety of others,
• Or where you provide written consent to share information (e.g., with another provider).

This is not a legally privileged relationship in the way that, for example, licensed therapy or attorney-client communication is.

Third-Party or Employer-Sponsored Coaching: Where a session, program, or Membership is paid for or arranged by your employer or another organization (a "Sponsor"), the confidentiality obligations above run to you as the individual client, not to the Sponsor. Unless you provide separate written consent, we will not disclose the content of your sessions to your Sponsor. At most, and only where a Sponsor requires it as a condition of payment, we may confirm logistical information such as scheduling, attendance, or program completion — never session content, topics discussed, or your personal disclosures. If a Sponsor requests anything beyond logistical confirmation, we will not provide it without your prior written consent.

If a Sponsor requires reporting beyond logistics (e.g., general progress themes), that arrangement will only apply if set out in a separate written agreement signed by you, the Sponsor, and the Company — it will never be assumed from these Terms or from the Sponsor's payment alone.

All content on the Site and App, and all materials provided through the Services — including but not limited to written content, videos, sequence cards, curricula, branding, and the Embody with ElizaBeth name and logo — are the property of Embody with ElizaBeth and are protected by copyright and other intellectual property laws.

You may not reproduce, distribute, sell, or create derivative works from our materials without prior written permission. You are granted a limited, non-transferable, personal license to use materials provided to you solely for your own participation in the Services.

You may not use, and may not permit any third party to use, bots, crawlers, scrapers, or other automated means to access, copy, "mine," or extract content from the Site or App for any purpose, including but not limited to:

• Training, fine-tuning, or developing any artificial intelligence or machine learning model;
• Building or populating any dataset;
• Republishing, indexing, or aggregating content on another platform.

This restriction applies regardless of whether the content is publicly accessible. We reserve the right to block, rate-limit, or take legal action against any automated access that violates this Section, and to use technical measures (such as robots.txt directives and bot-blocking) to enforce it.

This Section does not restrict standard, good-faith indexing by legitimate search engines (e.g., Google, Bing) for the purpose of surfacing our Site in search results.

If you believe content on the Site or App infringes your copyright, please send a notice to the contact below including: (a) your signature; (b) a description of the copyrighted work you claim is infringed; (c) the URL or location of the allegedly infringing material; (d) your contact information; and (e) a statement, made in good faith, that the use is unauthorized. We will review and respond to valid notices in a timely manner.

The Site and Services may link to third-party websites or resources (e.g., partner or affiliate content). These links are provided for convenience only and do not imply our endorsement. We are not responsible for the content, accuracy, or practices of any third-party site, and your use of them is at your own risk and subject to their own terms.

Workshops and retreats, both online via Zoom and in person, may be photographed or recorded for marketing purposes. By attending, you consent to the Company's use of your likeness in such materials unless you notify us in writing in advance that you decline.

Separately, we may ask to use written feedback, quotes, or testimonials you provide (from any Service, not only workshops or the retreat) in our marketing materials, including on the Site and in promotional content. We will only use your testimonial with your permission, and you may request removal or attribution changes at any time by contacting us at hello@embodywithelizabeth.com

Recorded Workshops Sold as Products: Some workshops are recorded in full and later offered for sale or purchase as a standalone replay (rather than used only in short marketing clips). By registering for and attending a workshop advertised as being recorded, you consent to your image, voice, and participation appearing in the resulting recording, which may be sold to other customers. If you do not wish to appear in a workshop recording being sold as a product, notify us in writing prior to the session so we can make reasonable efforts to position you off-camera or edit your participation from the final recording; we cannot guarantee removal after the fact for live, in-the-moment recordings.

License for Purchasers of Workshop Recordings: If you purchase a recorded workshop, you are granted a limited, non-transferable, personal license to stream or download the recording solely for your own individual use. You may not share, republish, resell, or publicly display the recording, or extract it for any purpose prohibited under Section 9 (Automated Access, Data Scraping, and AI Use). We reserve the right to specify an access window (e.g., lifetime access, or access for a defined period) at the time of purchase.

We may suspend or terminate your access to the Site, App, or Services at any time, with or without notice, for conduct that violates these Terms, is unsafe or abusive, or for non-payment. Upon termination:

• Any outstanding fees remain due and payable.
• Access to the App and any purchased digital materials may be revoked.
• Sections of these Terms that by their nature should survive termination (including but not limited to Sections 4, 8, 9, 14, 15, and 18) will continue to apply.

You may stop using the Services or cancel an active subscription at any time as described in Section 5.4.

To the fullest extent permitted by law, Embody with ElizaBeth's total liability for any claim arising out of or relating to the Services shall not exceed the amount you paid for the specific Service giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

The Site, App, and Services are provided "as is" without warranties of any kind, express or implied. We do not guarantee specific results from participation in the Services.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Embody with ElizaBeth, Smiling Soul Fitness LLC, and their owners, employees, contractors, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your use of the Site, App, or Services; or (c) any injury, loss, or damage caused by your participation in the Services, except to the extent caused by our gross negligence or willful misconduct.

We are not liable for any delay or failure to perform the Services due to causes beyond our reasonable control, including but not limited to natural disasters, power or internet outages, illness, government action, or other events of force majeure. In such cases, we will make reasonable efforts to reschedule or otherwise accommodate affected sessions, programs, or events.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Arbitration: Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the App, or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, for consumer disputes, its Consumer Arbitration Rules). The arbitration shall take place in Santa Clara County, California, USA, and the arbitrator's decision may be entered as a judgment in any court of competent jurisdiction.

No Class Actions: Disputes must be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

Time Limit: Any claim arising out of or related to these Terms or the Services must be brought within one (1) year after the claim arises, or it is permanently barred.

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time, including in connection with a merger, acquisition, or sale of the business.

These Terms, together with any program-specific agreements referenced herein (including but not limited to retreat agreements and Sponsor agreements per Section 7), constitute the entire agreement between you and the Company regarding your use of the Site, Membership, and Services, and supersede all prior or contemporaneous understandings, whether written or oral. If a program-specific agreement conflicts with these Terms, the program-specific agreement controls solely with respect to the program, workshop, or retreat it governs.

If any provision of these Terms is found invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Any waiver must be in writing to be effective.

We may update these Terms from time to time. Continued use of the Site, App, or Services after changes are posted constitutes acceptance of the updated Terms.

By providing your email address and/or phone number, you consent to receive communications from us electronically, including session reminders, invoices, receipts, scheduling notifications, and any notices required under these Terms. It is your responsibility to keep your contact information current; we are not responsible for missed communications due to outdated contact information.

Questions about these Terms, or copyright complaints under Section 10, can be directed via email to: Embody with ElizaBeth hello@embodywithelizabeth.com