Last Updated on 19th June 2023.
NOTICE: These Terms and Conditions of Services are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our Services, including online courses.
Accepting these Terms
This contract is for yoga therapy/aromatherapy services between [HolSol Wellness LLC] (hereinafter “Company”) and you (hereinafter “Client”). Collectively, Company and Client will be referred to as the “Parties.” The Parties agree to the terms set forth below.
1. Scope of Services
Client hires Company to provide holistic and therapeutic services outlined below. Company will provide the following services, which will be referred to as the “Services”:
- Yoga therapy sessions (in group and one-on-one format)
- Aroma therapy sessions (in group and one-on-one format)
- Personal leadership coaching (in group and one-on-one format).
2. Total Price
Client agrees to pay Total Price posted currently on the website at the time of purchase for the Services. Client agrees to make this payment at the time of booking and will receive an invoice for payment. Client understands that Company will not provide any Services or begin work until payment is received.
3. Refund Policy for Services
Client understands that the Booking Fee is non-refundable for any reason once the Services are rendered. Company does not guarantee specific results in Services as an advocate and guide for the Client who assumes responsibility for doing the work mutually agreed upon during the Service.
If Client made a payment in full for multiple sessions, and is unsatisfied after the initial (i.e., first) Services session and notifies Company within four business days, Client may request a refund for Services sessions NOT rendered minus a $75 fee for refund processing.
4. Cancellation and Rescheduling Policy
If, due to unforeseen circumstances, Client cannot make the scheduled appointment time, they can reschedule via email if they provide more than 48 hours notice without penalty.
Cancellations made less than 48 hours before the scheduled service will be subject to a charge of $75.00. This includes appointments where Company is unable to access the property, is turned away, or Client is unavailable.
As a courtesy, Client appointments are confirmed electronically 24 hours before the scheduled Service by email and/or text messaging from Company’s online appointment scheduling software. From this confirmation email, Client will have the option of the following without a charge:
- Confirm the Service appointment from the link provided in the email;
- Reschedule the Service appointment at least 48 hours in advance;
- Cancel the Service appointment per the terms specified above in Paragraph 4;
- Respond by email with any changes or issues;
If Client is late (up to 15 minutes) for scheduled Service, it will shorten the time of the Service session. Company is not obligated to make up the time.
If you are a “no-show” (after 15 minutes), Company will not refund and Client will be charged 100% of the Total Price.
6. Copyright Ownership
In the event that any copyrighted work(s) are created as a result of the Services, Company owns all copyright in any and all work(s) it creates or produces whether registered or unregistered. These works are expressly and solely owned by Company and may be used in the reasonable course of Company’s business.
7. Permitted Use
Company grants to Client a non-exclusive license of copyrighted works created with and for Client for use only so long as Client provides Company with attribution. Personal use includes, but is not limited to use in photos on Client’s social media, in personal creations, such as scrapbooks or personal gifts, or in personal communications like emails.
8. Confidentiality and Non-Disclosure
Company recognizes and acknowledges that the services rendered to Client may reveal confidential information that is proprietary to Client. “Confidential Information” means all material, non-public, business-related information, written or oral, whether or not it is marked that is disclosed or made available to Company, directly or indirectly, through any means of communication or observation. Company agrees not to share and agrees to take reasonable measures to protect Client’s Confidential Information.
Conversely, Client recognizes and acknowledges that the Services rendered to Client by Company may also reveal Confidential Information that is proprietary to Company. Company has developed a step-by-step process to worth with clients. This process along with any materials drafted by Company and provided to Client are confidential. Client agrees not to share these materials with others. Client agrees to take reasonable measures to protect Company’s confidential information.
9. Warranties and Representations
The Parties warrant and represent that they are free to enter into this Agreement and have the authority to do so. The Parties warrant that all statements made in and in preparation of this Agreement are true.
Company reserves the right, in its sole discretion, to terminate your access to the Site at any time without notice.
10. Limit of Liability
Liability shall be limited to the Total Price. Except as prohibited by law, Company shall not be liable to Client or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits, or any other damages, costs or losses arising out of the Company’s services, materials, or products, including attorney’s fees and related expenses of litigation and arbitration. Except as prohibited by law, to the extent there is liability found as to the Company, such recovery is limited to the amount the Client paid for materials, products, or services.
11. Medical Disclaimer
Services by Company are consultations designed for educational purposes only. Company does not diagnose, prevent, or treat any illness or condition. Services are intended to support health and well-being through lifestyle changes and healthy mental well-being. Company recommends consulting a qualified professional for any medical condition. Services do not replace licensed medical services.
12. Indemnification and Release
To the extent permitted by law, each party hereby agrees to protect, indemnify, defend, and hold harmless the other and their respective managers, officers, members, partners, affiliates, owners, shareholders, beneficiaries, and their respective employees, agents, and contractors (collectively, “Representatives”) against all claim/losses, liabilities, damages, expenses, and costs arising out of or connected with the negligence or intentional misconduct of such party or its Representatives. Further, Client on behalf of itself and its owners, affiliates, partners, subsidiaries, employees, agents, contractors, and consultants (collectively “Releasor”), waives any rights to recover from, and hereby forever agrees to release and hold harmless, Company and their respective owners, parent companies, affiliates, partners and subsidiaries, directors, officers, members, participants, employees, consultants, agents, legal representatives and assigns from any and all claims, costs, personal injuries, deaths, expenses, damages, actions and liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen (collectively “Claims”) , arising from or relating to any acts or omissions by any third party.
13. Force Majeure
A. No party will be liable for nonperformance of any of its obligations under the agreement if its nonperformance was due to a Force Majeure Event as defined in paragraph (B) of this Article, on condition that such party complies with the conditions in paragraph (C) of this Article.
B. A Force Majeure Event shall mean any act of God; war; riot; civil strife; riots; insurrection; act of terrorism, domestic or foreign; embargo; governmental rule, regulation or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disturbance; the unavailability of labor or materials to the extent beyond the control of the party affected; pandemic; quarantine; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing.
C. Upon occurrence of a Force Majeure Event, the non-performing party shall promptly notify the other party that a Force Majeure Event has occurred, its anticipated effect on performance, including its expected duration. The non-performing party shall furnish the other party with periodic reports regarding the progress of the Force Majeure Event. The non-performing party shall use reasonable diligence to minimize damages and to resume performance.
14. Attorney's Fees
Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, the prevailing party shall be entitled reimbursement of a reasonable sum of their attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.
No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.
16. Article Headings
All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
18. Modification by Subsequent Agreement
This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.
Company and Client agree to try to settle all disputes between them through private mediation before initiating any arbitration, litigation, or other dispute resolution procedure. The mediation session will occur at a time mutually agreed upon by the parties in consultation with a mutually selected mediator, though no later than thirty days after the date of services of the initial notice, unless otherwise agreed by the parties and mediator. Each party shall bear its own fees and costs for the mediation. The parties agree to mediate in Doña Ana County, New Mexico.
20. Governing Law
This Contract shall be governed by and interpreted under the laws of the state of New Mexico.
The Parties agree that any dispute that may arise as related to this Agreement shall be brought in a court within Doña Ana County, New Mexico.
I, undersigned Client, hereby warrant that I am of full age and have every right to contract in my own name in the above regard. I state further that I have read the above authorization and release prior to the execution and that I am fully familiar with its contents.
Last Updated on 19th June 2023.