CLIENT SERVICES AGREEMENT (the “Agreement”)
Recalibration 6-Month Journey
This Agreement is made effective as of January 2023, by and between Riana Taclas (hereinafter referred to as the “Guide”) and the Client. The Client and the Guide will collectively be referred to herein as the “Parties”.
The Parties hereby agree to the following:
Program/Service Description
A. Tarot Card Readings and Energy Healing Sessions: Six 30-Minute Tarot Readings and 45-Minute Energy Healing in-person held monthly over the course of 6 months.
B. Breathwork and Energy Healing Sessions: Six 1 hour and 15-Minute Breathwork and Energy Healing in-person held monthly over the course of 6 months.
C. Support: Email/text Monday through Friday between the hours of 9am-8pm. Still can text over the weekend, just a 24 hour response. If it is an emergency, please call 911.
D. Additional Services: Written materials, assignments and exercises to do on Client’s own time.
Payment
The client will pay the Investment pursuant to the following terms:
Installment will be made every month.
Payment made be completed by Stripe, Paypal or Venmo @rianataclas.
Late / No Payments:
Payments are due on or before the due dates listed in this section. Late payments will not be accepted. If a payment is not made on or before the due dates stated herein, the Guide will send the Client an email with instructions on how to make immediate payment.
The Guide will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.
Any questions, email riana@tittahbyte.com.
Refund Policy
The Guide will do everything within her ability to ensure the Client’s satisfaction with the Program. The Guide expects that the Client will do the same. Refunds will not be issued for services already conducted. If, for any reason, the Guide is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.
Term
The Program is 6 months long and begins on January 2023 (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
Client Commitments
The Client agrees to the following as part of the Program:
The Client shall participate fully in the sessions, and any other part of the program, to the best of their ability.
The Client understands that if they miss their monthly session, they will forfeit their session for that month and will not receive any credit.
The Client shall immediately inform the Guide of any issues or difficulties they may have with the Program.
The Client shall complete payment of the Investment according to the Terms herein.
The Client shall schedule their appointments ahead of time and is responsible for attending them.
The Client will not hold the Guide liable for any pain or distress, physical or emotional, which may arise in the course of the sessions with her.
Guide Commitments
The Guide agrees to the following as part of the Program:
The Guide shall participate fully and intently in the sessions, and any other part of the program, to the best of her ability.
The Guide will support the Client to the best of their abilities in accordance with Section I of this Agreement.
The Guide will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Guide’s own benefit, nor will the Guide disclose or communicate, in any manner, any information to a third party about the Client. The Guide will not divulge that the Parties are in a coaching relationship without your express permission.
The Guide agrees to conduct the Sessions in-person at The Mānoa House.
The Guide shall immediately inform the Client of any scheduling conflicts on her end and will credit any sessions missed.
Disclaimer
The Client understands that the Guide is a Reiki Teacher, Breathwork Facilitator and Intuitive Guide.
The Guide is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with their physician before implementing changes or habits suggested by the Guide. The Client confirms that they have or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle. The Client understands that the Guide is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.
Further, the Guide has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.
Cancellations & Rescheduling Appointments
If you are unable to keep an appointment that we have, please provide 24-hour notice to the Guide. The Client can reschedule their appointment by the Guide’s scheduling calendar. The Client understands that if they miss their monthly session, they will forfeit their session for that month and will not receive any credit.
Limitation of Liability
Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Guide hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE GUIDE BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
Indemnification
Client agrees to indemnify and hold harmless the Guide, Riana Stellburg, and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Riana Stellburg or the Guide, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Guide.
ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Hawaii. The arbitration hearing shall be held in the state of Hawaii. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Guide.
Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
Severability
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
Applicable Law + Venue
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Hawaii, United States as they apply to contracts entered into and wholly to be performed in the State of Hawaii, United States. The Federal and State courts within the State of Hawaii, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.
Photograph and Testimonial Release
The Client grants the Guide the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Guide’s website, and to the Guide’s future clients. The Client understands that they will not receive any compensation for use of their likeness, testimonial, or image. The Guide will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.
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