TERMS OF SERVICE
This Agreement is between SpiritVersed LLC (“Company”) and the individual booking a session (“Client”) (collectively the “Parties,” or in the singular “Party”), for the purpose of Client hiring Company for the healing services outlined below. This Agreement shall become effective upon Client’s acknowledgment by checking the “I agree” box at checkout prior to booking and payment.
Scope of Healing Session
• One (1) 60-minute one-on-one healing session conducted via Zoom.
• Modalities may include Reiki energy healing, intuitive guidance, energy work, and other holistic practices as determined by Company.
• Currently, sessions are offered as single one-off bookings (packages may be introduced in the future).Fee & Payment
In consideration for the healing services provided by Company, Client agrees to pay the session fee listed on Company’s booking platform. Payment shall be made in full at the time of booking through Squarespace’s scheduling and payment system. A session is not confirmed until payment has been received.
Refunds
Payments are non-refundable, except in the case of cancellation by Company (see Section 21).
Healing Sessions
• Each healing session will last for approximately sixty (60) minutes and will take place via Zoom.
• Sessions will begin and end on time and will not extend beyond the scheduled time.
• If Client cancels with at least twenty-four (24) hours’ notice, the session may be rescheduled.
• Sessions not attended (“no-shows”) or cancelled with less than twenty-four (24) hours’ notice will be forfeited without refund.Term & Termination
This Agreement applies to the specific healing session booked. Client may terminate this Agreement by cancelling the session, but no refund will be given. If Client has not yet paid, Client remains responsible for payment in full. Company may terminate this Agreement at any time if Client breaches contract, engages in inappropriate behavior (see Section 16), or fails to remit payment.
Communication
Company primary source of communication is email: spiritversed@gmail.com. While Company does not maintain fixed business hours, Client inquiries will typically be answered within [72] business hours. Company may occasionally take holidays, vacation, or personal time off and will provide advance notice whenever possible.
Renewal
If Client wishes to book additional sessions, a new booking must be made through the Company’s Squarespace scheduling system. Availability is not guaranteed.
Referrals
Company may, at its discretion, offer referral credits or fees. If so, the terms will be communicated separately.
Service Location
Both Parties agree and understand that the healing services to be provided under this Agreement shall be performed virtually via Zoom.
Copyright
All services, documents, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (U.S.C. Title 17). Client hereby agrees that Company’s content is owned by SpiritVersed LLC and is not to be used for purposes beyond client implementation.
Confidentiality & Copyright
Client shall not (i) disclose to any third-party any details regarding the business of the Company, including, but not limited to, healing methods, healing session materials, practitioner style, customers, the prices it obtains, the prices at which it sells products and programs, manners of operation, plans or business ideas, strategies and workflows, trade secrets, or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
Company will not use Client’s name, likeness, photos, or testimonial for advertising, press releases, announcements or any promotional purposes, including on its website, without the prior written consent of Client.No Guarantees
COMPANY DOES NOT MAKE ANY GUARANTEES AS TO THE CLIENT’S PERSONAL, BUSINESS, OR FINANCIAL RESULTS OF ANY HEALING SERVICES PROVIDED. Company 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 and understands that the healing sessions provided by Company takes work, time, and commitment.
Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services will produce different outcomes and results for each client it works with. Client understands and agrees that:
• Every client and final result may be different for each individual.
• Energy healing, coaching and/or consulting is a subjective service and Company may give different information to each Client depending on Client’s personal and/or business needs.
• Company will use its personal judgment to create favorable experiences to each Client depending on Client’s personal and/or business needs.
• Dissatisfaction with Company’s independent judgment or style or methods are not valid reasons for termination of this Agreement or request of any monies returned.
Disclaimer
Client agrees and understands Company is not providing the professional services of an attorney, accountant, financial planner, therapist 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 with the appropriate service provider. Client agrees and understands that healing sessions are complementary wellness services and do not replace licensed medical or psychological care.
Non-Disparagement
Company and the Client agree that, at all times during this Agreement and in perpetuity, they shall use reasonable and good faith efforts to ensure that neither Party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. The Parties further agree to do nothing that would damage the other’s business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either Party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.
Harassment
In the event Company experiences or is made aware of any inappropriate, threatening, hostile, or offensive behavior from Client at any time during the contractual period (including, but not limited to, unwelcome sexual advances, verbal or physical conduct of a sexual nature, or physical or verbal harassment related to race, sex, creed, color, marital status, sexual orientation, family status, and/or disability), then the following process shall be followed: Company shall be allowed to terminate services immediately and this Agreement shall be deemed terminated. Upon termination due to harassment, Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of incomplete services.
Indemnification
Each Party hereby agrees to indemnify and hold harmless the other Party and its agents from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees, to which the other may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by the other Party pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of a Party.
Maximum Damages
The sole remedy for any actions or claims shall be limited to the maximum amount not to exceed the total monies paid by Client under this Agreement.
Limitation of Liability
Client acknowledges that while the Company may provide personal and business solutions and suggestions, it is up to Client to act in its own best interest and understands that all decisions for improvement ultimately fall upon Client. Client agrees that all business, personal, and financial decisions are its own responsibility.
In no event shall Company be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Force Majeure
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. Payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable but will be transferrable to a rescheduled session with Company within [twelve (12)] months.
Cancellation of Services by Company
In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
1. Immediately give Notice to Client;
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 under this Agreement.
Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Company. All sales tax will be included on invoices.
Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing and agreed to by both Parties.
Venue & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or
lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Queens County, New York. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
Arbitration
Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Queens County, New York, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Transfer
This Agreement cannot be transferred or assigned to any third-party by either the Company or Client without written consent of all Parties.
Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Notice
Parties shall provide effective Notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: spiritversed@gmail.com; Client’s Email: [provided at booking].
Counterparts & Electronic Agreement
This Agreement may be accepted electronically. By checking the “I agree” box during booking and completing payment, Client agrees to be bound by this Agreement. No physical signatures are required.