INDIVIDUAL COACHING SERVICES AGREEMENT
Engagement of Services. Client hereby engages Longview, and Longview accepts such engagement, to provide or perform the services to or for Client described at the point of purchase (the “Services”).
Compensation. Client will pay Longview the non-refundable fee in accordance with the schedule for payment set forth (the “Fees”).
Ownership of Intellectual Property. For the purposes of this Agreement, “Longview Intellectual Property” means all ideas, concepts, processes, discoveries, developments, inventions, methods, information, and data. Client agrees that all Longview Intellectual Property is and shall at all times remain the sole and exclusive property of Longview. Client shall use such Longview Intellectual Property only in accordance with the terms of this Agreement. Client is not authorized to copy, distribute, disclose or otherwise disseminate any of the Longview Intellectual Property that is received in connection with the provision of the Services without the express prior written authorization of Longview.
Confidential Information. Longview and Client acknowledge that their relationship is one of high trust and confidence and that in the course of rendering the Services hereunder, Longview and Client may have access to and contact with Confidential Information, as defined below, of the other party. The party receiving (“Recipient”) any such Confidential Information of the other party disclosing such Confidential Information (“Disclosing Party”) agrees that during the term of this Agreement and at all times thereafter such Recipient will not use or permit the use of the Confidential Information in any manner or for any purpose other than to the extent necessary to perform the Services, will hold such Confidential Information in confidence and protect it from unauthorized use and disclosure, and will not publish, disclose or otherwise make available to any third party any of the Confidential Information.
Disclaimers. Client acknowledges and agrees that Longview cannot guarantee the final results of the Services or Client’s satisfaction with such results. Longview further makes no representations or warranty, assurances or guarantees of any specific results, including generation of any income. Client’s sole and exclusive remedy if Client is dissatisfied with Longview’s performance under this Agreement is to terminate the Agreement without cause, whereupon Client will not be relieved of its obligations to compensate Longview in full. Client acknowledges that the Services provided by Longview are not therapy services or counseling services, nor are they a substitute for therapy, counseling, psychotherapy, or any medical or mental health service. Client agrees that Longview shall not be responsible for any decisions made by Client or its participants as a result of the Services and/or any consequences thereof. Client acknowledges that Longview is not qualified to provide and is not providing, legal, tax, accounting, medical or financial advice, and the information provided to Client by Longview is not intended as, nor shall be deemed as, such.
Limitation of Liability. Longview shall not be liable to Client on account of any injuries or damages or losses sustained in performance of the Services hereunder. Neither party shall be liable to the other party for any special, indirect, incidental, or consequential damages, including, without limitation, damages for lost profits or costs of procurement of substitute services arising under this Agreement.
Term and Termination. The term of this Agreement (the “Term”) shall commence on the date hereof and shall continue until terminated by a party in accordance with the provisions. Either party may terminate this Agreement for cause immediately and without notice in the event of a breach or threatened breach by the other party.
Severability. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby and all such other provisions shall remain in full force and effect. If any provision of this Agreement is held to be excessively broad, it shall be reformed and construed as necessary to limit and reduce it so as to be enforceable to the maximum extent permitted by law.
Injunctive Relief for Breach. Breach of a party’s obligations under this Agreement, including, without limitation, Sections 5 and 3 hereof, will result in irreparable and continuing damage to the non-breaching party for which there will be no adequate remedy at law. Accordingly, in the event of such breach or threatened breach, the non-breaching party will be entitled to injunctive relief and/or a decree of specific performance, and such other and further legal and equitable relief as may be proper (including monetary damages if appropriate), without the necessity of posting any bond or other security
24-hour cancellation policy: If coachee needs to cancel any appointments/sessions/calls, please provide at least 24 hours’ notice to avoid a forfeiture of the appointment.
Rapid Transformational Therapy (RTT) Disclosure and Disclaimer Regarding Services
By agreeing below, as the “Client” (and if applicable “Guardian”), I represent that I have read and understood and agree to the following:
LONGVIEW CONSULTING LLC and its agents, employees and contractors, including without limitation Christine Bilotti-Peterson (collectively, “Provider”) ARE NOT MEDICAL PRACTITIONERS. Client should consult the advice of his or her physician or other professional medical practitioner before considering the services provided by Provider, which may include nutrition therapy, hypnotherapy, Rapid Transformational Therapy™ (RTT™) and other services and treatment (collectively, “Services”). THE SERVICES ARE NOT INTENDED TO REPLACE MEDICAL TREATMENT.
Pursuant to California Business & Professions Code, Section 2908, the Services are not to be construed as and Provider is not and will not provide medical or mental health therapy for emotional or mental disorders. Provider’s techniques, hypnotic or otherwise, serve strictly as avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders.
Provider does not offer the services or treatment of a licensed physician, psychologist or psychiatrist. Provider is not licensed to practice psychology, and Provider does not claim to offer any psychological benefits, or psychometrist (or any form of psychometrics) or psychometry services. The Services provided by Provider are non-diagnostic and are not licensed by the state.
Provider disclaims all statements, representations, warranties, agreements or promises regarding the use or benefits of the Services, whether made by Provider, its clients, employees, agents, or contractors. Participating in the Services does not guarantee success, and Provider makes no representation or guaranty through Client’s participation in the Services. All information on the Provider website or included in statements, testimonials or materials made or distributed by or on behalf of Provider are for informational purposes only, and are not intended to be relied on by Client or to constitute a representation of the effects or benefits of the Services.
Assumption of Risk, Release of Liability, and Agreement to Arbitrate
PLEASE READ THE FOLLOWING CAREFULLY. BY SIGNING BELOW, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS.
By my signature below, as the “Client” (and if applicable “Guardian”), I further represent that I have read and understood and agree to the following:
I freely and voluntarily choose to participate in the Services provided by Provider. My participation may include unknown negative reactions. I accept any and all risks for any adverse reactions that I may have. I understand that participants with certain health conditions such as epilepsy and mental health illnesses are not recommended to participate in the Services. I represent to Provider that I have no such health conditions that would prevent me from safely participating in the Services.
I HEREBY ASSUME ALL SUCH RISKS associated with the Services, known or unknown, including without limitation injury, illness, death, and/or other adverse reactions. I am aware of such risks associated with the Services, including my own physical condition and the actions or conduct of others that I may come into contact with after participating in the Services. I understand that by participating in the Services, I may experience emotional personal memories.
ASSUMING ALL SUCH RISKS, I HEREBY RELEASE, WAIVE ANY AND ALL CLAIMS AGAINST, WILL NOT SUE AND WILL HOLD HARMLESS, Provider, its owners, members, managers, officers, employees, agents or representatives, from all actions, omissions, causes of action, suits, debts, damages, losses, judgments, injuries, liabilities, and claims and demands whatsoever, in law or in equity (collectively, “Claims”), including without limitation personal injury and death, emotional distress, indirect damages, consequential damages or exemplary damages, even though such Claims may be caused by or result from the negligence or carelessness of such released parties.
I agree that this waiver and release binds me and my heirs, distributees, guardians, legal representatives, successors and assigns. Further, I agree to indemnify, protect, defend and hold harmless Provider, its owners, members, managers, officers, employees, agents and representatives, from and against all Claims arising from or in connection to my involvement or participation in the Services offered by Provider.
The foregoing release is a general release, and I hereby expressly waive the provisions of California Civil Code Section 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
ARBITRATION: Without limiting the foregoing assumption of risk and release of liability, I agree that any dispute or claim arising out of or related to the Services, including without limitation the interpretation and enforcement of this document or any other agreement, representation or warranty provided in connection with the Services, shall be settled by binding arbitration before a single arbitrator in the State of Hawaii, County of Honolulu, pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. Any arbitration shall apply the substantive laws of the State of Hawaii. BY CHOOSING ARBITRATION, I WILL NOT HAVE THE RIGHT TO LITIGATE IN COURT OR HAVE A JURY TRIAL. ALSO, DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award. Arbitration must proceed only with JAMS. An award of arbitration may be confirmed in a court of competent jurisdiction. Each party shall bear its own costs and fees of arbitration. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS, WHICH MEANS THAT I MAY NOT JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION, LITIGATE IN COURT, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS.
By signing below, as the “Client” (or if applicable “Guardian”), I accept the foregoing disclosure, disclaimer, assumption of risk and waiver, and I represent and warrant for Provider’s reliance, and agree, as material consideration without which Provider would not provide the Services, that: (1) I HAVE CAREFULLY AND COMPLETELY READ AND AGREED TO ALL OF THE FOREGOING; (2) all of my questions have been answered to my full satisfaction; (3) I am not relying on any statement, representation or warranty, agreement or promise by or on behalf of Provider that is not expressly set forth in writing signed by Provider; (4) I am aware that this is an assumption of risk, release of liability and agreement to arbitrate and that I am giving up legal rights; and (5) I sign below of my own free will.
I accept the foregoing disclosure, disclaimer, assumption of risk and waiver, and I represent and warrant for Provider’s reliance, and agree, as material consideration without which Provider would not provide the Services, that: (1) I HAVE CAREFULLY AND COMPLETELY READ AND AGREED TO ALL OF THE FOREGOING; (2) all of my questions have been answered to my full satisfaction; (3) I am not relying on any statement, representation or warranty, agreement or promise by or on behalf of Provider that is not expressly set forth in writing signed by Provider; (4) I am aware that this is an assumption of risk, release of liability and agreement to arbitrate and that I am giving up legal rights; and (5) I sign below of my own free will.
RTT Session - Terms & Conditions
Rapid Transformational Therapy is a unique method that typically requires at least 3 sessions to resolve most deeply-rooted issues. RTT uses hypnosis which is a completely safe, natural, and relaxing process where you will remain in control throughout the duration of your session.
During RTT you will be regressed back to several memories in order to uncover where, when, how, and why you developed your presenting issue/problem. This insight will help you to gain a deeper understanding of the root, the cause, and the reason for your problem/issue.
Please understand that you, the client, play an active role in the successful outcome of your session. You must be motivated to change and follow through with the process.
RTT is not meant to be a substitute for the advice or care of a qualified medical professional. All information presented or recommended by Christine Bilotti-Peterson is meant for educational purposes only. If you are unsure about whether or not you should partake in an RTT session, please consult your general practitioner first.
To protect your privacy, all client data is kept strictly confidential. Before taking part in your RTT session, please ensure:
That you do not suffer from epilepsy.
That you will be free from the influence of drugs or alcohol during the course of your session.
That you provide me with the correct address of your online location.
That the environment around you is safe and will remain distraction free.
That you provide me with a phone number or other means of communication to contact you with in the case of a technology failure.
That you provide me with a third-party emergency contact number.