Terms and Conditions

PURPOSE OF THE AGREEMENT

Client wishes to hire hypnotherapist to provide services relating to Client’s needs, as detailed in this Agreement. Hypnotherapist has agreed to provide such services according to the terms of this Agreement.

This agreement is for the online course listed below with a fee of $27. 

Course Details:

Hypnotherapist shall provide Client with the following products and services on a one time basis:

• (6) Modules of written, pre-recorded audio, and video content 

Payments

Retainers and Payments: A total fee of $27 for the course Body Image Reboot will be paid immediately upon receipt of this agreement.

Refunds: Due to the nature of this course material and the fact that the material is available to Client after Client purchases, there will be NO REFUNDS. 

Collections: Hypnotherapist reserves the right to collect any and all monies owed from Client by whatever means Coach deems necessary. Client shall pay for any costs Hypnotherapist incurs to collect such costs, including reasonable attorney’s fees and collection agency costs.

Confidentiality Clause:

Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence, and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies, to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (“Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Parties in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or Confidential Information.

Protections and Relationship

Relationship of the Parties: Hypnotherapist and any related subcontractors are not employees, partners, or members of Client’s company or organization. Hypnotherapist has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. Hypnotherapist has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations, or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Hypnotherapist.

Copyright Ownership: In the event that any copyrighted work(s) are created or shared as a result of the Services provided by Parties in accordance with this Agreement, the contributing Party owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Party who creates the materials and may be used in the reasonable course of each Party's business going forward. For example, if Hypnotherapist shares a spreadsheet that Client utilizes, Client may not share, distribute, sell, or otherwise enjoy the privileges of said spreadsheet and copyrighted material contained within the spreadsheet.

Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.

Permitted Use of Materials: Hypnotherapist grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Hypnotherapist with attribution reasonably visible on primary or related course materials or marketing collateral. In no event is Client allowed to share Coach’s materials with any third party without Hypnotherapist’s express prior written permission.

Limit of Liability

Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Hypnotherapist.

Indemnification: Client agrees to indemnify and hold harmless Hypnotherapist, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. In the case of in-person meetings or sessions, Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Hypnotherapist to pay for any such damages.

Disclaimer: Client agrees and understands Hypnotherapist is not providing the professional services of an attorney, accountant, nutritionist, financial planner, licensed therapist, Doctor, or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services. No legal, financial, accounting, nutritional, or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.

Guarantees: Hypnotherapist cannot make any guarantees as to the results, including personal, professional, physical, financial or any other gains of the coaching provided. Hypnotherapist agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.

Release: Client has spent a satisfactory amount of time reviewing Hypnotherapists work or past client reviews, and has a reasonable expectation that Hypnotherapist’s Services will produce a reasonably similar outcome and result for Client. Hypnotherapist will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with Hypnotherapist’s current portfolio and services, and Hypnotherapist will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

• Every client is different, with different issues, viewpoints, and needs;
• Hypnotherapist will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
• Dissatisfaction with Hypnotherapist’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.

Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.

Products

Body Image Reboot.  This course is based on therapeutic practices that have been designed and utilized by the Hypnotherapist, and is offered as a possible method to helping Client improve their body image.  The Client understands it is not guaranteed to be applicable and successful in every situation due to the fact that it is impossible to account for any and all factors that may influence and affect client success. And Client has done a satisfactory amount of research to conclude that this course would apply to their personal needs.

Client Expectations:

Except as expressly provided in this agreement, the Hypnotherapist makes no guarantees or warranties, express or implied. In no event will the Hypnotherapist be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Hypnotherapist’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Hypnotherapist under this agreement for all services rendered up until the termination date.

If Client can not attend live trainings they will not be able to request a refund for this portion of the course.

 

Force Majeure: Notwithstanding the above, either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the Services provided in this Agreement, including:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services: In the event Hypnotherapist cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law: The laws of California govern all matters arising out of or relating to this Agreement, including torts.

Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Merger: This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment: The Parties may amend this Agreement only by the Parties’ written consent via proper Notice.

Dispute Resolution: If the Parties cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then the Parties will make a reasonable attempt to resolve their dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

Headings: Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.