You are purchasing Company’s products, programs, or services (collectively referred to as “Products”). The following Agreement is the Terms of Service for Products. Please read it carefully. If you do not agree to the following terms, DO NOT purchase Products. By purchasing Products, you are accepting the following Agreement, and you agree to and are bound by the following terms.
Coach Name: Marieke Schwartz
Practice/Mailing Address: PO Box 53, Burbank, CA 91503
Email: firstname.lastname@example.org or email@example.com
For purposes of this Agreement, you (the purchaser) are referred to as “Client.” Seller, Marieke Schwartz referred to as “Company.”
The engagement of services begins on Date of Scheduled Service (Free Your Voice session, Intuitive Guidance reading, Reiki session, or Akashic Record session) and ends 2 Days after the Scheduled date of service. Exceptions include sessions within the Free Your Voice Method coaching program, or addendum to this these terms for individual situations.
3. Company’s Products:
Client has purchased Products, which includes, but is not limited to:
For Free Your Voice session: singing voice work plus any combination of crystal healing, aromatherapy, Reiki and/or intuitive guidance.
For Intuitive Guidance: spiritual guidance, spiritual reading, and/or card readings.
For Reiki: Traditional Usui Reiki treatment provided either with gentle touch (in person) or long distance.
For Akashic Record sessions: intuitive and spiritual guidance, business guidance, healing, soul level blueprint information, and past life information.
Client agrees to pay the total fee as per the fee schedule listed at http://www.mariekeschwartz.com or on the scheduling page. All payments are made via PayPal. Payment in full is due upon scheduling.
This Agreement does not allow for termination, with the exception of the Three Day Right to Cancel outlined in Paragraph 21. If the Product is a long-term program, and Client chooses to end participation prior to the program end date, Client will not receive a refund, and will be responsible for completing payment outlined in Paragraph 4.
Company does not offer refunds, with the exception of the Three Day Right to Cancel outlined in Paragraph 21. However payment for Products can be applied to other Products with 24 hour notice of cancellation by either party.
Any information discussed or any information either party comes to know during Company and Client’s one-on-one work together is confidential. This does not include information Client makes available during group calls, 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 Client.
Confidential information may be shared if and only if waived by both parties in writing. However, the following are instances where Coach may be obligated to break confidentiality and release information to appropriate authorities, family members, or a court of law, as required by law:
If it is suspected that abuse or neglect of children or elders occurring;
If in my presence you make or imply threats of violence or are a danger to yourself or another person;
If I feel you may lose control of your actions;
If something illegal is occurring.
Company may take photographs, videos, audio recordings, or other recordings that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Company’s programs, Client is consenting to being recorded and photographed and to the use of Client’s likeness and voice in any media in perpetuity by Company for whatever purpose as Company sees fit. Recordings of individual sessions and services will not be used by Company for commercial purposes and will be shared only with Client via cloud or online digital storage including, but not limited to, Google Drive or Dropbox.
10. 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. 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 agrees, during and after purchase of Products, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation. In addition, Company agrees to refrain from making any statements, whether oral or in writing, that negatively impact Client or Client’s business.
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.
13. No Guaranty; Disclaimer:
NO GUARANTEES: Company makes no guarantees about Company’s Products and the results that Client may have from purchasing Products. 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 is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate.
NOT PROFESSIONAL MEDICAL ADVICE: At no time should any of Company’s services, products, or programs 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. The information may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation. As you know, financial outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate. You agree that Company is not responsible for your success, or lack thereof. Your reliance on any information provided is done at your own risk.
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.
15. Whole Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.
16. Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties.
In order to make the waiver binding, the party making the waiver must execute it in writing. 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.
The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
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.
18. 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.
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 to the party’s principal place of business, unless otherwise clearly stated in this Agreement that email notification shall suffice.
20. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Any dispute arising under this Agreement will be resolved as follows: In Small Claims Court, in cases where the amount is within the jurisdiction of small claims court;
By Mediation or Arbitration, in cases where the amount is beyond the jurisdiction of small claims court; In Superior Court, in cases where mediation or arbitration are not successful.
Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Los Angeles County, California. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Los Angeles County, California.
21. Three Day Right to Cancel:
According to the Home Solicitation Sales Act in California, you, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. (Link to Cancellation form: https://www.dropbox.com/s/u1e75j5fveq5jt5/MS%20Notice%20of%20Cancellation%20Updated%204-18-2019.pdf?dl=0 )