Heather Lindemenn Inc. Provides personal wellness support and development through guidance and Spiritual Counseling (“Services”). These Services are provided in the form of workshops, retreats, classes and one on one counseling sessions. The purpose of this agreement is to describe terms and condition under which these Services are provided. By signing this agreement you (“Client”) are agreeing that you have read, understand and agree to be bound by the terms contained herein.
Applicability: The terms of this agreement are applicable to any Services rendered by Heather Lindemenn Inc. to Client. Additionally, Client agrees that the terms of this agreement apply to the use of any website affiliated with Heather Lindemenn and Heather Lindemenn Inc.
Nature of Relationship: The Client understands that the Services provided by Heather Lindemenn Inc. are not psychotherapy, psychological counseling, medical advice or any type of therapy; nor is it a substitute for these services. In the event the Client feels the need for professional counseling, therapy, or medical treatment it is the responsibility of the Client to seek a licensed professional who can provide these services. It is the responsibility of the Client, if currently in therapy or otherwise under the care of a mental health professional, to consult with the mental health care provider regarding the advisability of receiving Services from Heather Lindemenn Inc. and to make such person aware of decision to proceed with the relationship. The Client understands that the Services are not to be used as a substitute for professional advice by legal, medical, financial, business, or other qualified professionals. The Client is responsible for seeking independent professional guidance for legal, medical, financial, or business matters. Client understands and acknowledges that all decisions in these areas are exclusively the Client’s and that any decisions and actions regarding them are the sole responsibility of the Client. Client acknowledges that Heather Lindemenn does not hold any professional licenses with respect to the Services offered and that none are required.
Non-Disclosure and Confidentiality: Client acknowledges that often times when Services are being rendered to Client, Client may disclose personal or confidential information to facilitate the Services. All information provided is held in strict confidence by Heather Lindemenn Inc. and will not be shared with anyone without a written authorization from Client. Additionally, Client recognizes that during group workshops or classes, Client may be exposed to what may be deemed personal or confidential information of other Client’s. Client agrees this information will not be disclosed to any third party.
Intellectual Property Rights: During the course of obtaining Services from Heather Lindemenn Inc., Client will be exposed to “Proprietary Information.” Proprietary information includes methods, processes, procedures, ‘Know-how’, and any other information not know to the general public which is introduced to Client during the receipt of Services. Client agrees that he or she shall not disclose at any time to third parties Proprietary Information that is obtained during the receipt of Services from Heather Lindemenn Inc.
Waiver: Client acknowledges and agrees that in the course of the Services, Heather Lindemenn Inc. may ask Client questions that may be personal, challenging, or disturbing. Client acknowledges and agrees that Client is fully responsible for physical, mental and emotional well-being during coaching and spiritual counseling sessions, and is fully responsible for any and all actions, choices and decisions made as a result of the Services provided. Client waives and releases any claims arising or resulting from Heather Lindemenn Inc.’s questions, suggestions, and advice and from actions, choices, and decisions made by the Client.
Disclaimers: Heather Lindemenn Inc. expressly disclaims any responsibility or liability for any damages caused by a Client’s use of Services. Heather Lindemenn Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the Services provided, including but not limited to merchantability and fitness for a particular purpose. Heather Lindemenn Inc. makes no representations or warranties, either express or implied, of any kind with respect to the information and content included on websites or promotional materials affiliated with Heather Lindemenn and Heather Lindemenn Inc. Client agrees that Heather Lindemenn Inc., its directors, officers, employees or other representatives shall not be liable for damages arising from the Services provided. Client agrees that this limitation of liability is comprehensive and applies to personal injuries and all damages of any kind, including without limitation direct, indirect, incidental, general, special, punitive, compensatory and consequential damages.
Damage Limitation and Liquidated Damage: The Client agrees that it would be extremely difficult and impractical to determine actual damages to Client, if any; arising from the Service’s performed. Therefore, if Heather Lindemenn Inc. is found liable for any loss or damage under this agreement, Heather Lindemenn and Heather Lindemenn Inc. liability shall be solely and completely limited to the total payment(s) made for the Services rendered.
Limitation of Liability / Lindemenn Residence: At the election of Heather Lindemenn and Heather Lindemenn Inc., Client may participate in workshops and / or private sessions (“Activities”) at Heather Lindemenn’s private residence. In the event this occurs Client agrees that for and in consideration of Heather Lindemenn and Heather Lindemenn Inc. permitting Client to participate in activities at the private residence, by signing below Client hereby voluntarily will indemnify, release from liability and hold harmless Heather Lindemenn and Heather Lindemenn Inc., for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by Client arising or resulting directly or indirectly from my participation in the Activities at the private residence.
Alternative Dispute Resolution: The parties agree that all disputes between them shall first be addressed through informal resolution and discussions between the parties. Any remaining dispute shall be submitted to a single arbitrator. The proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award of the arbitrator shall include a written explanation of their decision, shall be limited to remedies otherwise available in court and shall be binding upon the parties and enforceable in any court of competent jurisdiction. Each party shall bear their own costs and attorney fees related to the Arbitration.
Severability: If any provision hereof is determined by a tribunal of competent jurisdiction to be illegal or unenforceable, it shall automatically be deemed conformed to the minimum requirements of law and, along with all other provisions hereof, shall thereupon be given full force and effect. Headings are for reference purposes only and have no substantive effect.
Entire Agreement: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
Payment for Services: I understand I agree to accept full financial responsibility for payment of charges incurred. I understand that any billing fee/financial charge complying with California State Law will be applied to any overdue balance, and in the event of non–payment, I will bear the cost of collection and/or court costs and reasonable legal fees should this be required.