CHARLESTON HYPNOSIS CENTER LLC TERMS OF AGREEMENT and WAIVER

In consideration of the services of, Charleston Hypnosis Center LLC, a South Carolina ("Company"), DBA as "Rebecca Taylor Shaw" and "Charleston Hypnosis Center" I, an adult visitor, or parent of a minor visitor, acknowledge and agree to the following terms and conditions:

COMPANY'S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, workshops, consulting, coaching, hypnosis, or guided imagery (the "Program"). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is designed to facilitate personal development, growth, and goal achievement. The coaching relationship is a partnership between the coach and the client, where the coach offers support, guidance, and expertise while the client takes responsibility for their actions and outcomes. 

The "Program" can also include self-hypnosis, guided imagery and education. The exercises involving guided imagery and hypnosis are not states of sleep, but they are a natural state of mind that can produce extraordinary levels of relaxation of mind, body and emotions. Hypnosis can assist the client to transcend their own critical, analytical level of mind, thereby accessing and utilizing the power of one's own inner resources. The principles and theories upon which Hypnosis is based, use guided imagery and self-hypnosis to assist clients in their own self-improvement by facilitating the acceptance of suggestions, directions and instructions desired by the Client. The hypnotist will instruct in various self-hypnosis techniques to help the Client to discover their inner creative abilities, develop positive thinking and feeling, and to transform undesirable habits and behavior patterns or to achieve a goal.. Furthermore, the hypnotist may utilize discussion and techniques to identify underlying attitudes and beliefs with the goal to achieve effective and lasting results. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company's website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.

Confidentiality: All information shared during the coaching sessions will be kept strictly confidential. The coach agrees not to disclose any personal or sensitive information without the client's explicit consent, except as required by law.

TRAINING AND BACKGROUND: Rebecca Taylor Shaw has acquired the following education, training, experience, and qualifications to perform the services offered to my Clients: Certified Clinical Hypnotherapist, Orange Coast College, 1994: Registered Hypnotherapist, International Association of Clinical Hypnotherapy; Certified Guided Imagery Therapist; California Board Approved Provider, Synergy Seminars; Past-Life Therapist, American Board of Hypnotherapy. South Carolina Collaborative Law Certification, 2010. Master Trainer Certification, International Association of Counselors and Therapists, 2015, International Hypnosis Federation, board approved post-secondary school founder.

COMPENSATION: Client agrees to compensate Company according to the payment schedule set forth on Company's website, or via email, or Payment Schedule and the payment plan selected by Client (the "Fee") or otherwise noted in this agreement. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.

REFUNDS: Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance of the Program for any reason whatsoever, Client will receive no refund.

PRACTICE POLICIES

APPOINTMENTS AND CANCELLATIONS Please remember to cancel or reschedule 24 hours in advance. You will be responsible for a cancellation fee of $100 if cancellation is less than 24 hours prior to appointment. You will maintain at all times a valid and current credit card on file with our office and you authorize us to charge your credit card for the cancellation fee for all appointments cancelled without the required 24 hours notice without further notification to you or authorization from you.

The standard meeting time for the sessions are 90 minutes unless otherwise noted for special services.

A $25.00 service charge will be charged for any checks returned for any reason for special handling.

Cancellations and re-scheduled session will be subject to a full charge of the $100 fee referenced above if NOT RECEIVED AT LEAST 24 HOURS IN ADVANCE. This is necessary because a time commitment is made to you and is held exclusively for you. If you are late for a session, you may lose some of that session time.

TELEPHONE ACCESSIBILITY

If you need to contact me between sessions, please leave a message on my voice mail. I am often not immediately available; however, I will attempt to return your call within 24 hours. If a true emergency situation arises, please call 911 or any local emergency room.

CHARGEBACKS AND PAYMENT SECURITY: To the extent that Client provides Company with credit card(s) information for payment on Client's account, Company shall be authorized to charge Client's credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company's account or cancel the credit card that is provided as security without Company's prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

ELECTRONIC COMMUNICATION

I cannot ensure the confidentiality of any form of communication through electronic media, including text messages. If you prefer to communicate via email or text messaging for issues regarding scheduling or cancellations, I will do so. While I may try to return messages in a timely manner, I cannot guarantee immediate response time.

Services by electronic means include but are not limited to video conferences, telephone communication, the Internet, and e-mail.

(1) You retain the option to withhold or withdraw consent at any time.

(2) All existing confidentiality protections are equally applicable.

MINORS

If you are a minor, your parents may be legally entitled to some information about your therapy. I will discuss with you and your parents what information is appropriate for them to receive and which issues are more appropriately kept confidential.

NO RESALE OF SERVICES, MATERIALS OR PERMITTED: Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials and audio recordings), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company's prior written consent.

NO TRANSFER OF INTELLECTUAL PROPERTY: Company's copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company's intellectual property for Client's business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company's copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.

GENERAL RELEASE AND LIMITATION OF LIABILITY: By using Company's services and/or enrolling in a Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational service being provided. Client accepts any and all risks, foreseeable or non-foreseeable, known or unknown, arising from such transactions and acknowledges that Client understands that adverse effects of hypnosis or guided imagery could occur in the future. Client understands that side effects of hypnosis could include tiredness, crisis of identity, insomnia, irritability, fears, panic attacks, deficit of attention, distorted sense of self, confusion, sexually abberant behaviors, unexpected trance-like state, delusional thinking, depression, dizziness, syncope, fearfulness, feelings of guilt, histrionic reactions, impaired memory, nausea, obsessions, changes in personality. Generally, the negative side effects of Hypnosis can be divided into these categories: (1) Problems resulting from unintended suggestions, (2) Obscuring actual physical health problems, (3) Suicidal depression, (4) Panic attacks or psychotic episodes, and (5) Symptom substitution. Side effects and complications of Hypnosis can be defined as unexpected feelings, thoughts or behavior after or during the hypnotic treatment that are in conflict with the intended goals of the hypnosic treatment.

Regardless of the previous paragraph, if Company is found to be liable, Company's liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and or (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client waives the right to bring suit for any cause of action under a statute of limitations longer than 100 days. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company's services , products, or enrollment in the Program/Workshop. Client agrees that use of Company's services and products at Client's own risk.

DISCLAIMER OF GUARANTEE: Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program's success and that Company cannot control Client or guarantee or assure program success or any definite outcome. Problem emotions and related problems may require work with a physician, mental health professional, nutritionist, or other health professional for success. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client's requirements or that all clients will achieve the same results.

USE OF PROGRAM MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. In group courses, client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Electronic materials including hypnosis recordings are initially held by Company and will expire and are deleted after 14 day. Company is not responsible for replacing your recording if you lose it, do not download it properly, or it is destroyed.

NO SUBSTITUTE FOR MEDICAL TREATMENT: Hypnotherapists and Hypnotists are not issued licenses by any state governmental agency to engage in their professional services. All services provided are intended to act as an adjunct or compliment to traditional therapies, or in effect, as part of a holistic approach to self-improvement and good health. As hypnotherapists and hypnotists are not licensed physicians, services to be provided do not include the practice of medicine or psychological counseling or treatment and are not a replacement as such.

CLIENT RESPONSIBILITIES: Please be aware that if you have active suicidal intent, homicidal intent or a diagnosis of unstable mental health, these services are not recommended for you. Referrals are available for doctors or licensed mental health professionals. The information and techniques presented in these sessions are not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses without consulting your medical specialist or family doctor. Client agrees to be mindful of his/her own well-being during the course and to seek medical treatment (including, but not limited to psychotherapy), if needed or if any health concerns arise. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the services and any consequences thereof.

TERMINATION: In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company's services.  

NON-DISPARAGEMENT: In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Company, Company's shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from or based on any injury persons or property that is the result of an error, omission or negligent act of the Client, the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company's shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company's representatives, or employees, the provisions in this Agreement shall be controlling.

CHOICE OF LAW/VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of South Carolina, Charleston, pursuant to the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

SURVIVABILITY: The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

SEVERABILITY: If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.