This Client Agreement (this “Agreement”) is entered into by and between Danny Pugh (“Practitioner“), an employee of Daniel Wolcott Design LLC (“Provider”), and __________________ (“Client”) and is effective on __________________ (the “Effective Date”). In consideration of the mutual agreements contained herein and intending to be legally bound hereby, the parties hereto agree as follows:
1. Client Relationship
1.1 Phone Calls. Practitioner accepts brief calls (10 minutes or less) outside of scheduled phone consultations and when free of other commitments. Any extended telephone consultations will be billed at the rate of an individual session in 15-minute blocks.
1.2 Confidentiality. All sessions and conversations are strictly confidential. If the Client desires for the Practitioner to make contact with third parties or do research on their behalf, a written release to do so will be required.
1.3. Fees and Payments. Client agrees to the pay the one-time amount on the checkout screen for single sessions or the monthly amount for wellness packages. Payments are due at or before the start of a session.
1.4. Refunds. The one-time session and monthly wellness package fees are non-refundable.
1.5. Termination. Because a good termination process is important to your personal growth, Client must give a one-session notice to cancel an ongoing session agreement. This allows an opportunity to review goals, make recommendations for further steps, and say goodbye in a meaningful and complete way.
2. Nature of Services. The following services, collectively (“Services“), provided by the Practitioner include Astrological Consulting, Life Coaching, and Reiki Sessions. Specifically, these Services assist individuals to create harmonized awareness and balanced growth on spiritual, mental, emotional, energetic, and physical levels of being. Some of the tools employed include meditation techniques, astrology readings, education, energy work, communication techniques, visualizations, and artistic processes.
3. Alternative Practitioner; California SB577 Disclaimer
This Legal Disclaimer allows alternative practitioners to practice legally in the State of California. According to the California Health Freedom Act (SB577), the following information must be disclosed to you. Please retrieve the full text of SB577 from the Official California State Legislative Information website: http://www.leginfo.ca.gov/ The California Health Freedom Act was signed into law on September 23, 2002. This bill allows full practice of alternative methods by non-licensed individuals, within certain clearly defined parameters. As of January 1, 2003, alternative practitioners are allowed to practice freely in California.
3.1 Not a Medical Doctor. Practitioner is not a medical doctor or a licensed physician. Persons with psychological or physical illness that require a medical doctor should contact licensed medical practitioners.
3.2 Services are Complementary. Practitioner’s life coaching, astrological consulting, and reiki sessions are alternative or complementary to healing arts services licensed by the State.
3.3 Services are not Licensed. Practitioner’s services are not licensed by the State of California.
3.4 Not Healthcare Advice. No statement by Practitioner should ever be taken by the client as a recommendation to discontinue the use of legal drugs or controlled substances prescribed by an appropriately licensed practitioner. Any third party information (such as books or articles) provided is entirely educational in nature, and it is up to the client to use his or her own independent judgment in assessing or utilizing such information.
3.5 Theory of Treatment. Practitioner’s Services are comprised of several non-invasive therapeutic modalities including: astrological consulting, spiritually integrative coaching, reiki healing, meditation, and education. The synergy of these modalities supports clients in deeply contacting, accepting, understanding, releasing, healing, embracing, loving, evolving, and celebrating all aspects of their inner nature and outer life expression. Specifically, Practitioner’s Services assist individuals to create harmonized awareness and balanced growth on spiritual, mental, emotional, energetic, and physical levels of being. For these purposes, Practitioner employs many healing tools including, but not limited to: meditation techniques, communication techniques, art processes, philosophical inquiry, spiritual journeying, education, astrology, numerology, and subjective research.
3.6 Education and Training. Danny has been certified as a Spiritual Life Coach by the Life Purpose Institute in San Diego. He has apprenticed with the renowned Hellenistic Astrologer, Arthyr Chadbourne, for five years after a lifelong pursuit of astrological literary study. He has completed a Reiki Mastership with Yadira Gonzalez and has since performed hundreds of hours of energy healing work. He has received a certification in Meditation Instruction from the Shambhala Center of Los Angeles where he co-founded and facilitated the youth group for five years. He has trained as a Challenge Course Facilitator and led hundreds of participants through leadership and team building exercises.
4. Warranties
4.1 By Both Parties. Each party represents and warrants to the other party that (i) it has the right to enter into this Agreement and perform its obligations hereunder in the manner contemplated by this Agreement, and (ii) this Agreement shall not conflict with any other agreement entered into by it.
4.2 By Client. Client represents, warrants, and covenants that it shall comply with all applicable laws of the United States of America, any State thereof, and any other applicable rules, ordinances, and regulations in connection with the performance of Client’s obligations under this Agreement.
5. Limitation of Liability. IN NO EVENT SHALL PROVIDER, OR ITS SUBCONTRACTORS, PARTNERS, AGENTS, OR AFFILIATES, BE LIABLE FOR ANY CAUSE OR CLAIM WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT.
6. Indemnity. Client agrees to indemnify, defend and hold Provider harmless from all expenses, losses, damages or liabilities (including reasonable legal fees) arising out of or relating to any third party claims, demands, or suits, to the extent resulting from a breach of Client’s warranties, representations, covenants, or obligations set forth herein.
7. Injunction Relief Authorized. Any controversy or claim arising out of or relating to this contract, or the breach thereof initiated by Client, shall be settled by arbitration administered by the JAMS Arbitration in the City of Los Angeles in accordance with its rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof,
8. Force Majeure. Provider shall not be liable to Client or any other person or entity for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such party due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of vandalism, terrorism, lightning, fire, strike or any other causes beyond Provider’s reasonable control.
9. Miscellaneous. If any term of this Agreement is found to be unenforceable or contrary to law, it shall be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein and have had the opportunity to have the agreement reviewed by a legal professional. This agreement will not be viewed as being drafted by one party but both in its application and understanding.
IN WITNESS WHEREOF, the parties have caused this Agreement to be electronically executed by their duly authorized representatives effective as of the Effective Date.