Sessions & Classes Terms and Conditions
Terms / Privacy for Sound Waves Heal LLC
This document serves as our agreement and my legal protection, that we both understand how my sessions and classes work!
In this agreement, I will refer to myself, my employees, and my company as “Company.” I will refer to you as “Client.”
Thanks, Rachel
1. Cancellation:
Company has a 48 hour Reschedule policy for Sessions. If something comes up for Client, and Client can no longer make the time scheduled, Client can Contact Company by email to let us know and Company will send healing distance instead. Client can reschedule in person appointment through link if needed more than 48 hours in advance. For Distance, Client can change the time Client would like to receive healing up to 3 hours before session by email or in form.
Company has a no cancellation policy for Group Classes.
2. Late Arrival and No Show for in person sessions and classes:
If Client shows up more than ten minutes late to the scheduled session without emailing, texting or calling, Company will assume Client is a no show and may leave premises or work on another client.
If Client does not reschedule within the required time frame, and does not show up at the scheduled time, Client will forfeit the service that was to be provided at that time and will not receive a refund for missing the appointment.
If Client has signed up for a Group Class and arrives after class starts, door will may be locked with no admittance and no refund will be given.
3. Refund/Multiple Payments:
Company does not offer refunds. Client agrees to pay the total amount due.
If payment for a course is to be made in multiple payments, and Client becomes unsatisfied with the services or products after providing partial payment, Client agrees to pay the total fee agreed upon. If Client becomes unsatisfied with Company’s services or products, Client is still required to pay the total due.
4. Confidentiality:
Any information discussed or any information either party comes to know during Company and Client’s working relationship is confidential. This does not include information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Company.
Confidential information may be shared if and only if waived by both parties in writing.
5. Intellectual Property:
Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in the Program covered in this Agreement. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. Client understands that claiming Company’s materials as their own is a violation of intellectual property rights.
Company will never use video or audio from Trance Mediumship Courses, or other personal Courses, that violates Confidentiality.
6. Non-Disparagement
Both Parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party’s business, services, products, or reputation.
7. Assignment:
This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
8. No Guarantees; Disclaimer:
NO GUARANTEES: Company makes no guarantees about the results Client may obtain from working with Company. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which are not to be relied upon to predict results in Client’s specific situation. The results Client experiences will be dependent on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate.
NOT PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE: At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.
NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.
EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. Company may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in Client’s specific situation. Financial outcomes depend on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate. Client agrees that Company is not responsible for Client’s success, or lack thereof. Client’s reliance on any information provided by Company is done so at Client’s own risk.
9. Warranties:
Both Company and Client warrant that they have full authority to enter into this Agreement. Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
10. Whole Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations.
11. Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. In order to make the waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
12. Severability:
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
13. Limited Liability:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Notices:
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed as follows:
To Company: 9234 Kingston Pike Unit #1544, Knoxville, TN 37922
15. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Both Company and Client agree to make every effort to resolve disputes without the need for third party assistance. If that cannot be done, Company and Client agree to utilize mediation in order to resolve the dispute. The mediation will either be held in Knoxville, Tennessee or through an online mediation service. Both parties must agree to the mediation service and mediator to assist in resolving the dispute. Both parties agree that their good faith participation in mediation is a condition precedent to pursuing any other available legal remedies.
Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Knox County. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Knox County.
If Company and/or its affiliates are the successful party to the dispute resolution, Company and/or its affiliates will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company and/or its affiliates may be entitled.
16. Jury Trial, Joinder, and Class Action Waiver
The Company and its affiliates and Client waive their respective rights to a trial before a jury in connection with any matter arising from or related to this Agreement and agrees that any such matters shall be resolved by a judge, sitting without a jury. Client further agrees to waive any legal right to join or consolidate claim(s) involving any other person with any claims involving Client against Company and/or its affiliates.
CLIENT ACKNOWLEDGES THAT CLIENT AND COMPANY AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING AGAINST COMPANY AND/OR ITS AFFILIATES, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by Client and Company and its affiliates, claims of two or more persons may not be joined, consolidated, or otherwise brought together against Company and/or its affiliates, whether or not the claim may have been assigned.
Each party waives the right to litigate in court or an arbitration proceeding any Dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.