Terms of Service
By Accessing this website, you (the Client) agree to be bound by the terms of this agreement.
THIS SERVICE AGREEMENT is made between Patricia Muesse (“Hypnotherapist”) and the client (“Client”)
WHEREAS, Client desires to receive certain services from Hypnotherapist, and Hypnotherapist desires to provide such services on the terms and conditions set forth herein.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Hypnotherapist hereby agree to the following terms and all Exhibits to this Agreement as follows:
Under the terms of this Agreement, Hypnotherapist agrees to provide hypnotherapy and mindset coaching services to YOU in the form of hypnotherapy sessions, live coaching calls, Webinars, Audio and/or Visual Presentations and Videos, Workbooks, and Virtual Live Meetings in exchange for a Program Fee. Your access to the program is made conditional on payment of such Program Fees.
2. Delivery of Work.
Hypnotherapist and Client agree that the Services shall be provided on such dates and at such locations as the parties hereto in good faith mutually agree to
In providing the Services, Hypnotherapist will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open minded and partake in methods proposed. Client understands that Hypnotherapist makes no guarantees as to the outcome of the Services and Client hereby acknowledges that Hypnotherapist is not a medical professional or psychotherapist.
4. Credit Card Authorization (if applicable)
Client acknowledges that Hypnotherapist, in consideration for the Services will charge the credit card chosen by Client on the dates and for the amounts specified by Hypnotherapist.
Client agrees to compensate Hypnotherapist according to the payment schedule as offered. Hypnotherapist shall be authorized to charge Client’s credit card(s) for any unpaid charges. If Client uses a multiple-payment plan to make payments to Hypnotherapist, Hypnotherapist shall be authorized to make all charges at the time they are due and is not required to seek separate authorization to do so.
6. No Refunds.
Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates. If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund.
7. No Extensions or Pauses.
The course is 12 weeks in duration, to occur consecutively and continuously starting on the enrollment date. No extensions or pauses are to be granted, except in the case of severe medical emergency, in which case proof is required by means of signed documentation by a physician. The maximum term of pause/extension in this case is four weeks. Hypnotherapist reserves the right to approve or decline request on a case by case basis.
8. Promotional Material.
By accepting the terms of this Agreement and affirmatively seeking the benefits of the Program(s) offered by Hypnotherapist, YOU affirmatively agree and acknowledge that Hypnotherapist may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums. You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
9. Chargebacks and Payment Security.
Client hereby agrees not to make any chargebacks to Hypnotherapist’s account. Client further agrees to not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Hypnotherapist’s collection of payment hereunder.
10. Failed Payments.
In the event Client fails to make any of the payments within the time prescribed, Hypnotherapist has the right to immediately cease all work until payment in full is paid. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 1% per month.
11. No Transfer of Intellectual Property.
Copyrighted and original materials created by the Hypnotherapist and/or Team of Experts (“Team”) shall be provided to the Client for Client’s individual use only. Client shall not be authorized to use any of Hypnotherapist’s or Team’s intellectual property for Client’s purposes. All intellectual property, including Hypnotherapist’s or Team’s copyrighted course materials, shall remain the sole property of Hypnotherapist. No license to sell or distribute Hypnotherapist’s or Team’s materials is granted or implied.
Client agrees not to solicit business from or enter into business relationships with any of Patricia Muesse’s past or current clients via online or offline communities. Offering commercial services to program graduates or current participants is prohibited. Client agrees not to hire or enter into agreements with Hypnotherapist’s or Team’s current contractors, team members, or employees.
13. No Distribution of Services.
Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any commercial purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third party access to the Services or any other goods and services provided in connection therewith (including course materials).
Client agrees not to teach on topics or information similar to or learned in any portion of the course materials in their own businesses. Clients may not re-teach on any topics included in Love Who You Are Over 50 in their own Business in any form. This includes, but is not limited to any portion of the Service, any hypnotherapy received from Hypnotherapist or any member of Patricia Muesse’s coaching team. Client agrees not to launch or offer programs that are in direct competition with Hypnotherapist or Team.
Hypnotherapist has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity. Client will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name.
16. Good Faith.
Each party hereto represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
17. Personal Responsibility & Assumption of Risk.
Client acknowledges that Client takes full responsibility for all decisions made before, during and after the Services and knowingly assumes all of the risks of the Services, whether known or unknown, related to Client’s use, misuse, or non-use of the Services or any of the Services materials. Client accepts and agrees that client is 100% responsible for client’s progress and results from the Services, and Hypnotherapist makes no guarantees as to the outcome of the Services. Client accepts and agrees that client is the one vital element to success and that Hypnotherapist cannot control Client.
Client is aware that Hypnotherapist does not solve medical issues nor treat disease and is therefore not a replacement for client’s medical doctor, therapist or physician. Client hereby acknowledges that Hypnotherapist is not an employment agent, business manager, financial analyst or psychotherapist. If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Hypnotherapist prior to working together. Client understands that while Hypnotherapist has used care in preparing the information provided to Client, the Services and Service materials are being provided as self-help tools for Client’s own use and for informational and educational purposes only. Client agrees that Hypnotherapist is not responsible for Client’s physical, mental, emotional and spiritual health, or for any other result or outcome that Client may experience through these Services. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. Do not start or stop taking any medications because of anything you have read or received through these Services.
19. No Warranty.
HYPNOTHERAPIST MAKES NO WARRANTY THAT THE SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME RESULTS. THE SERVICES (AS DEFINED HEREIN) AND ALL OTHER GOODS AND SERVICES PROVIDED BY HYPNOTHERAPIST HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HYPNOTHERAPIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICES (AS DEFINED HEREIN) OR ANY OTHER GOODS AND SERVICES PROVIDED BY, THROUGH OR ON BEHALF OF HYPNOTHERAPIST UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE
20. Limitation of Liability.
Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions and client’s use of the Services. In no event will the aggregate liability of Hypnotherapist with regard to this Agreement, the Services (as defined herein), or any other goods or services provided or failed to be provided under this Agreement exceed the compensation paid by Client to Hypnotherapist under this Agreement. All claims against Hypnotherapist or any of Hypnotherapist’s team, staff, employees, shareholders, directors, officers, or contractors must be lodged with the entity having jurisdiction within 100 calendar days of the date of the events first giving rise to the claim or otherwise be forfeited forever. Hypnotherapist shall not be liable for any indirect, consequential, special or exemplary damages (including, without limitation, damages for any loss of profit, revenue, data, business or use) even if such party has been advised of the possibility of such damages.
Client shall defend, indemnify, and hold harmless Hypnotherapist and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Services and other goods and services in connection herewith. Client hereby agrees that Hypnotherapist’s employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Hypnotherapist.
Should Client wish to terminate this Agreement, Client is to notify Hypnotherapist by sending an e-mail to Patricia Muesse at firstname.lastname@example.org. In the event that Client is in arrears of payment or otherwise in default of any of the terms of this Agreement, or chooses to voluntarily terminate this Agreement, all payments due hereunder for Services provided or to be provided by Hypnotherapist to Client shall immediately become due and payable. Hypnotherapist shall be allowed to immediately collect all such sums from Client and, at Hypnotherapist’s option, terminate providing further Services to Client and/or this Agreement. In the event that Client is in arrears of payments to Hypnotherapist, Client shall be barred from using any of Hypnotherapist’s Services. In addition, Hypnotherapist may, at any time and without cause, terminate this Agreement, at which time any and all amounts representing Services and other goods and services actually provided by Hypnotherapist to Client shall immediately become due and payable.
Client agrees to not publicly or privately make any negative or critical comments about the Hypnotherapist, Services, Hypnotherapist’s business or contractors or to communicate with any other individual, company or entity in a way that disparages the Hypnotherapist, Services, Hypnotherapist’s business or contractors, or harms the reputation of the foregoing in any way, including on social media at any time. As a part of the legal process, of course, Client is not prohibited from publicly sharing your thoughts and opinions.
24. Additional Terms.
Client may not assign or otherwise transfer this Agreement, in whole or in part, without the prior written consent of Hypnotherapist. Any attempt by Client to assign or otherwise transfer this agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflict of law principles. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction and venue of courts sitting within Santa Barbara County, California, and the parties consent to the personal and exclusive jurisdictions of these courts.
If for any reason any provision of this Agreement is held to be invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
Any modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of the parties hereto. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorized representative of such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.
Neither party will be responsible for any failure or delay in performing any of its obligations under this Agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed thirty days from the date of notice of failure.
The parties are independent contractors and neither this Agreement nor any provision hereof shall be deemed to create any relationship of joint venture, partnership, franchise, employment, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
This Agreement contains the complete understanding and agreement of the parties hereto and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein. This agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument. Delivery of an executed signature page by any electronic means (including via any electronic or digital signature) shall be deemed effective as delivery of a validly binding original signature hereto.