Terms & Conditions

These Terms and Conditions (this “Agreement”) set forth the terms and conditions applicable to any services from Elizabeth (Libby) Stockstill DBA Some Days (the “Company”).  By clicking “accept,” or by proceeding with or using the services provided by the Company, you agree to be bound by this Agreement. This Agreement takes effect when you click the “accept” button or by accessing or using the services provided by the Company. By clicking the “accept” button or otherwise accessing or using the services provided by the Company, you (a) acknowledge that you have read and understand this agreement, (b) represent and warrant that you have the right, power, and authority to enter into this Agreement, and (c) accept this Agreement and agree that you are legally bound to its terms.

  1. Services. The services include coaching, consulting, writing, speaking, workshops, retreats, me-treats, offsites, activities in connection with any of the foregoing and anything else described on the website or other marketing materials from the Company and will be delivered as follows: via email, online through the Company or program website, via videoconference, telephone, audio tracks (recordings of online sessions), in person, and through such other avenues or delivery methods as we see fit in the course of conducting the services (as applicable, the “Services”). The description of the program on the website, other marketing materials, or other communications from the Company will describe in greater detail the format of the applicable Services.
  1. Payment. Where applicable, payment is required before beginning any of the Services, as indicated on your online invoice, order form, or website registration (which payment may be made through such registration or directly to the Company). Any available payment plans will be listed on such registration. You are responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company.
  1. Refund Policy. Because of the nature of the Company’s business and the Services, the Company does not offer any refunds or returns. For one-on-one coaching, you have 12 months from the date of purchase to use all purchased Services. You may reschedule set appointments if you request rescheduling no less than 72 hours in advance of the scheduled appointment. Any no-show, cancellation, or requested rescheduling with less than 72 hours’ notice prior to the scheduled appointment will result in a forfeiture of such session and a full charge. 
  1. Code of Conduct.  The Services, as with all engagements with the Company, operates pursuant to the Some Days Coaching Understanding (https://createsomedays.com/coaching-understanding/) and the Some Days Engagement Understanding (https://createsomedays.com/engagement-understanding/), as applicable.  You acknowledge that you will review the principles ahead of our time together to prepare and get the most out of our time.  You hereby agree to behave respectfully towards the other participants if you are in any Services involving multiple people (“Group Services”).  Among other things, this means: 
    • What is shared with or by the Company or other participants stays confidential but what is learned there leaves there. You acknowledge that spaces in which Services are provided are to be safe and confidential spaces.  You agree to respect the privacy and confidentiality of other participants and not to share or disclose any personal information or experiences shared by other participants without their consent. You acknowledge this confidentiality obligation will remain in place even after the Services have ended.
    • Everyone is there as a vulnerable human – You agree to come with an open mind all the way around.  This means, among other things, grace and compassion for others as well as yourself. 
    • You will endeavor to create a positive and supportive environment for all participants, engage fully and authentically in coaching sessions, and respect the personal boundaries of others. 
    • You agree to abide by all rules and policies applicable to the Services, as provided from time to time by the Company. 
    • You expressly acknowledge that disruptive or harmful behavior or other violation of these terms may result in removal from the Services, at the sole discretion of the Company, with no refund.
  1. Communications. With respect to any Group Services, the community is intended to be a supportive, respectful and positive community. Communicating disrespectfully to other participants in Group Services, the Company or its affiliates, volunteers, contractors, collaborators, vendors, sponsors, partners, employees, representatives or agents constitutes grounds for removal from the Services, which decision shall be in the sole discretion of the Company, with no refund.
  1. Intellectual Property & Use of Materials. All materials provided to you as part of or in connection with the Services, whether provided through the Company’s website, social media platforms, live sessions, readings, recordings, through email, physical documents, or any other medium, are proprietary and may not be duplicated, imitated, copied, re-used, reproduced, published, or displayed in any form without the prior express written permission of the Company. You agree not to commercially exploit or create derivative works of any such materials (which, for the avoidance of doubt, includes training AI models or any similar use), nor to help or assist third parties in doing the same. You agree to keep all such information confidential and not to use or disclose such information except in connection with your receipt or the Services. All trademarks, logos, and service marks displayed on any materials provided are protected by US and International copyright and intellectual property laws. Access to any materials or content online or otherwise as part of the Services should not be construed as granting any license or right to duplicate said content.
  1. Disclaimer. USE OF THE SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its affiliates, volunteers, contractors, collaborators, vendors, sponsors, partners, employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Services or any content or resources provided as part of or in connection with the Services. The Services provided are advisory and supportive only, and you bear sole responsibility for the use and implementation of the Services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Services at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. You expressly acknowledge that in accordance with the above, the Company provides coaching. The Services and information contained therein are not therapy or treatment for mental or emotional illness, nor are they substitutes for professional, legal or medical advice or treatment. YOU ARE SOLELY RESPONSIBLE FOR SEEKING THE ADVICE OF A LICENSED PROFESSIONAL, INCLUDING MEDICAL TREATMENT OR LEGAL OR OTHER ADVICE, AS NECESSARY. Additionally, any resources or list of resources is not intended to be exhaustive, rather are provided as suggestions for further exploration only. Unless specifically identified as such, the Company is not affiliated with, sponsored by, or partnered with any of the resources provided, and providing them does not constitute an endorsement of their programs, practices, positions or financial management. You are encouraged to embrace your own agency and YOU ARE SOLELY RESPONSIBLE FOR MAKING YOUR OWN ASSESSMENT OF ANY RESOURCES PROVIDED. With respect to any non-profits, you can learn more about them through third party assessors such as Charity Navigator, GuideStar, or GiveWell.
  1. Governing Terms for In Person Events.
  • Assumption of Risks, Including of Potentially Dangerous Activities and Conditions.  To the extent you participate in a group event, retreat, or other on premises event, you acknowledge that the Services (e.g., hiking, yoga, soundbaths, massage) carry inherent risks as well as potential risks related to the Services and to adverse weather conditions (e.g., extreme temperatures, storms), fire hazards and wildlife that may exist at a planned location (and not predictable or within anyone’s control) and you verify that you have full knowledge of the risks involved in participation in the Services, including physical injury (even death), illness, property damage or loss, due to negligence or deliberate act on the part of myself or other people around you or another person, including any other participants or the Company, its affiliates, volunteers, contractors, collaborators, agents, vendors, sponsors, and partners (collectively, the “Released Parties”), or the unavailability of medical care. You understand that participating in the Services could be dangerous and that your safety and health cannot be guaranteed while participating in the Services.  You are voluntarily participating in the Services with knowledge of the dangers involved and you agree to accept any and all risks of injury, personal or property damage or death.
  • Personal Responsibility. Understanding, acknowledging and agreeing to all the risks and hazards involved with the Services, you freely and voluntarily choose to participate in, and travel to and from, the Services. YOU HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, OR FINANCIAL LOSS THAT MAY OCCUR TO YOU OR YOUR PROPERTY AS A RESULT OF OR INCIDENT TO YOUR PARTICIPATION IN THE SERVICES, INCLUDING THE RISK THAT YOU MAY BE INJURED BY THE ACTIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE SERVICES. You understand and agree that by executing this Agreement, you are assuming full responsibility for any and all risk of physical injury (even death), illness, adverse weather conditions, property damage or theft or loss, exposure to wildlife and/or any other damage suffered by you or your property in connection with the Services. You agree to be fully responsible for your actions and your compliance with this Agreement.  You accept full and complete responsibility for the safety of yourself and your property, and you assume all risk of all other delay, inconvenience, damage, loss or other expenses you may suffer as a result of or in connection with the Services and the terms and conditions of this Agreement. You agree and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages suffered by you and that obtaining insurance to cover these risks is your own responsibility and at your sole cost and expense. 
  • Representation as to Physical Condition. You are physically able, in good health and in proper physical and mental condition to participate in the Services.  To allow the Released Parties to attempt to make reasonable accommodations, where possible, for activities, meals and snacks during the Services, you confirm you have disclosed in writing to the Company any medical conditions that could affect your ability to participate in the activities (including any food allergies or dietary restrictions) at the time of registration and will seek and comply with appropriate medical advice before attending the Services and participating in the activities.  Additionally, throughout the planned Services, participants may be tapping into their inner life.  The Company wants participants to feel safe and supported as we explore these connections together.  You agree that if anything reflected on or discussed triggers hard issues or is otherwise something you don’t wish to explore, you will take a break, opt out or otherwise take full responsibility for your needs and well-being. You acknowledge that the Company, its participants, and other Released Parties are not responsible for ensuring your physical and mental well-being during the Services and its activities.
  • Consent to Medical Treatment. You consent to receive first aid, medical and/or surgical treatment, or any other services rendered to you, at your expense, in the event of an injury, accident, or illness you incur during your direct or indirect involvement with the Services.  You agree and acknowledge that the Released Parties are under no obligation to provide or pay for such medical treatment. You hereby release, forever discharge, and hold harmless the Released Parties from any claim based on such treatment or other medical services. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL. You acknowledge full and sole responsibility for your own medical costs and expenses, and you are responsible for any and all medical expenses incurred on your behalf.
  1. Grant of Media / Image Rights. By attending the Services which involve activities or Group Services, you hereby grant to the Company, and each of the other Released Parties, the irrevocable, perpetual and unrestricted (except as expressly set forth below) right and permission, but not the obligation, throughout the universe, with or without your knowledge, to photograph, video record, use, re-use, permit the use of, distribute, reproduce, record, edit, copy, create derivatives, in whole or in part, post, publish, publicly display and perform, exhibit, transmit and/or broadcast or otherwise use your appearance, photograph, signature, image, likenesses, actions, pictures, name, nickname, voice, conversation, sounds, performance, sound recordings, spoken word, or any other aspect of the recording at the Services, in whole or in part, without restriction as to changes, modifications (including blurring, distortion, or composite), or alterations (collectively the “Recording(s)”) and the right, throughout the world, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Services, including any marketing, promotional, advertising or commercial tie-ins or the business of the Company or otherwise without any additional consideration or any compensation beyond your participation in or attendance with the Services. You shall have no right of approval and no legal claim arising out of any use or editing of the Recording or your name or likeness.   You acknowledge that you shall have no ownership, authorship or moral rights in the Recording or any part thereof. 
  1. Liability Release and Waiver of Claims.  On behalf of you, your spouse (or registered domestic partner), your guardians, the executors or administrators of your estate, your heirs, your personal representatives, your assigns, your successors in interest, your children, and any guardian ad litem for said children (collectively, the “Releasors”) and in consideration for being allowed to participate in the Services, YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER TO BECOME KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, MEDICAL BILLS, pain and suffering, loss of consortium, emotional distress, attorneys fees and court costs, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SERVICES AND/OR TRAVEL TO OR FROM THE SERVICES, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, and hereby agree and covenant not to, and shall cause the Releasors not to, bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, even though this liability may arise through no fault of your own, or from the negligence or carelessness on your part or the part of the persons or entities being released, provided that nothing in this section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to you or your property or any other liabilities that California law does not permit to be released by agreement. 

The claims released hereby include, but are not limited to, any claims you may now have or may hereafter acquire resulting from injury, death, or property damage sustained by you, or to any property that you may own or have rented, leased or borrowed or have in your possession.  You understand that by signing this release, you are waiving any and all claims, of any kind arising out of or attributable to the Activity, including those claims that may be unknown to you, or which you do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.  

You expressly acknowledge and understand the significance, effects and consequence of a waiver of Section 1542 and hereby assume full responsibility for such a waiver.

  1. Indemnification. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO YOUR PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR BREACH OF THIS AGREEMENT OR THE ACCOMMODATIONS OR THE ACTIVITIES RULES AND POLICIES, OR FROM ANY OTHER CLAIM RELATED TO THE SERVICES.
  1. Limited Liability. The Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Services. In no event shall the Company be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages. This provision applies even if the Company has been advised of the possibility of such damages. Notwithstanding any damages that you may incur, the Company’s entire liability under this Agreement, and your exclusive remedy, shall be limited to the lesser of (i) the amount actually paid by you to the Company under this Agreement solely for the Services at issue and (ii) the amount actually paid by you to the Company under this Agreement solely for the Services performed in the prior three months.
  1. Additional Agreements.
  1. Miscellaneous.
  • Complete Agreement. This Agreement constitutes the sole and entire agreement of Some Days and you with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
  • Modification. The Company may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Company’s website. Review this Agreement regularly during the use of the Services to keep apprised of any changes.
  • Assignment. You may not assign this Agreement or the Services purchased hereunder at any time without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.
  • Severability.  If any provision of this Agreement is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless 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.
  • Third Party Beneficiaries. You hereby expressly acknowledge and provide that the Companyshall be deemed to be an express third party beneficiary of any liability waivers or other documents provided by accommodation providers and any other Released Party related to the Services. Except as set forth above, this Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
  • Relationship; No Provision of Legal Services. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind. While Elizabeth Stockstill may be a licensed legal professional, no legal advice is provided through any of the Services and you acknowledge and agree that no attorney-client relationship is created through the Services or by your relationship with the Company or Elizabeth Stockstill.
  • Governing Law; Class Action Waiver. This Agreement and any action related thereto shall be governed by the laws of the State of California without regard to its choice of law principles. The interpretation of this Agreement shall be governed by and construed under the laws of the State of California, U.S.A., notwithstanding its conflict of law provisions. The parties agree that any claims or disputes will be resolved on an individual basis, and you hereby waive any right to participate in a class action, collective action, or representative action.
  • Arbitration. You agree that any and all claims or disputes that arise out of this Agreement or the Services (collectively “Disputes”), will be settled by final and binding arbitration in Orange County, California in accordance with the Commercial Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect.  To the extent permitted by law, the hearing and all filings and other proceedings shall be treated in a private and confidential manner.  The arbitration will be conducted before an arbitrator to be mutually agreed upon by the parties from JAMS’ panel of arbitrators.  The parties to the arbitration shall be equally responsible for the fees of the arbitration.  The arbitrator shall have the authority to grant all monetary or equitable relief available under state and/or federal law.  Judgment on any award rendered by the arbitrator may be entered and enforced by any court having jurisdiction thereof.  In addition, the prevailing party in any arbitration or court action covered by this Agreement, as determined by the arbitrator or court in a final judgment or decree, shall be entitled to recover costs, expenses, and reasonable attorneys’ fees. Nothing herein contained shall bar the right of the Company to obtain equitable relief from a court of law or equity with regard to a breach or threatened breach under Section 6 hereof, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.
  • Force Majeure. If the Company is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the Company’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for the Company’s performance will be extended for the period of the delay or inability to perform due to such occurrence.
  • Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

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